S.Amdt. 647

SA 647. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 633 submitted by Mr.

[[Page S5841]]

Casey (for himself, Mr. Brown of Ohio, and Mr. Baucus) to the bill H.R.
2832, to extend the Generalized System of Preferences, and for other
purposes; which was ordered to lie on the table; as follows:

On page 19, between lines 2 and 3, insert the following:

SEC. 217. IMPOSITION OF FEE ON FIRMS THAT BENEFIT FROM TRADE
ADJUSTMENT ASSISTANCE FOR WORKERS.

(a) Establishment.--Not later than January 1, 2012, the
Secretary of Labor shall establish a system to impose a fee
on a fiscal year basis on firms described in subsection (b)
to recoup the costs incurred by the Federal Government of
providing benefits under and administering trade adjustment
assistance for workers under chapter 2 of title II of the
Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(b) Firms Described.--
(1) In general.--Except as provided in paragraph (2), a
firm described in this paragraph is a firm from which a group
of workers is totally or partially separated on or after the
date of the enactment of this Act if that group of workers is
subsequently certified under section 222 of the Trade Act of
1974 (19 U.S.C. 2272) as eligible to apply for trade
adjustment assistance under chapter 2 of title II of that Act
(19 U.S.C. 2271 et seq.) as a result of the workers'
separation from that firm.
(2) Exception for firms in bankruptcy.--The fee imposed
under subsection (a) shall not be imposed on a firm that has
filed for bankruptcy protection under title 11, United States
Code.
(c) Total Amount of Fee.--The Secretary of Labor shall
determine the amount of fees to be imposed under subsection
(a) so that the amount of fees collected equals the amount
expended by the Federal Government in the fiscal year
preceding the fiscal year in which the fees are imposed to
provide benefits under and administer trade adjustment
assistance for workers under chapter 2 of title II of the
Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(d) Imposition of Fee.--The Secretary of Labor shall impose
the fee under subsection (a) on a firm described in
subsection (b)--
(1) for each fiscal year during which any worker separated
from the firm receives trade adjustment assistance under
chapter 2 of title II of the Trade Act of 1974 (19 U.S.C.
2271 et seq.) or remains eligible to apply for such
assistance; and
(2) based on the number of workers described in paragraph
(1) separated from the firm.
(e) Use of Fees.--Any fees collected pursuant to subsection
(a) shall be deposited in the general fund of the Treasury
and used to offset the costs of providing benefits under and
administering trade adjustment assistance for workers under
chapter 2 of title II of the Trade Act of 1974 (19 U.S.C.
2271 et seq.).
(f) Termination.--This section shall terminate on the date
that is one year after the date on which all expenditures by
the Federal Government to provide benefits under or
administer trade adjustment assistance for workers under
chapter 2 of title II of the Trade Act of 1974 (19 U.S.C.
2271 et seq.) have terminated.
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