II
109th CONGRESS
1st Session
S. 1963
IN THE SENATE OF THE UNITED STATES
November 4, 2005
Mr. Baucus introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To make miscellaneous improvements to trade adjustment assistance.
Short title; table of contents
Short title
This Act may be cited
as the Trade Adjustment Assistance
Improvement Act of 2005
.
Table of contents
Sec. 1. Short title; table of contents.
TITLE I—Trade adjustment assistance
Sec. 101. Calculation of separation tolled during litigation.
Sec. 102. Establishment of Trade Adjustment Assistance Advisor.
Sec. 103. Certification of submissions.
Sec. 104. Revision of eligibility criteria.
Sec. 105. Training.
Sec. 106. Funding for administrative costs.
Sec. 107. Authorization of appropriations.
TITLE II—Data collection
Sec. 201. Short title.
Sec. 202. Data collection; study; information to workers.
Sec. 203. Determinations by the Secretary of Labor.
TITLE III—Trade adjustment assistance for farmers
Sec. 301. Clarification of marketing year and other provisions.
Sec. 302. Eligibility.
Trade Adjustment Assistance
Calculation of separation tolled during litigation
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end the following:
Special rule for calculating separation
Notwithstanding any other provision of this chapter, any period during which a judicial or administrative appeal is pending with respect to the denial by the Secretary of a petition under section 223 shall not be counted for purposes of calculating the period of separation under subsection (a)(2) and an adversely affected worker that would otherwise be entitled to a trade readjustment allowance shall not be denied such allowance because of such appeal.
.
Establishment of Trade Adjustment Assistance Advisor
In general
Subchapter A of chapter 2 of title II of the Trade Act of 1974 is amended by inserting after section 221, the following new section:
Establishment of Trade Adjustment Assistance Advisor
In general
There is established in the Department of Labor an office
to be known as the Office of the Trade Adjustment Assistance
Advisor
. The Office shall be headed by a Director, who shall be
responsible for providing assistance and advice to any person or entity
described in section 221(a)(1) desiring to file a petition for certification of
eligibility under section 221.
Technical assistance
The Director shall coordinate with each agency responsible for providing adjustment assistance under this chapter or chapter 6 and shall provide technical and legal assistance and advice to enable persons or entities described in section 221(a)(1) to prepare and file petitions for certification under section 221.
.
Technical amendment
The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 221, the following:
Sec. 221A. Establishment of Office of Trade Adjustment Assistance Advisor.
.
Certification of submissions
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by adding at the end the following:
Certification of submissions
If an employer submits a petition on behalf of a group of workers pursuant to section 221(a)(1) or if the Secretary requests evidence or information from an employer in order to make a determination under this section, the accuracy and completeness of any evidence or information submitted by the employer shall be certified by the employer’s legal counsel or by an officer of the employer.
.
Revision of eligibility criteria
Shifts in production
Section 222(a)(2)(B) of the Trade Act of 1974 (19 (U.S.C. 2272(a)(2)(B)) is amended to read as follows:
there has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision.
.
Wage insurance
In general
Section 246(a)(3) of the Trade Act of 1974 (19 U.S.C. 2318(a)(3)) is amended to read as follows:
Eligibility
A worker in a group that the Secretary has certified as eligible to apply for adjustment assistance under section 223 may elect to receive benefits under the alternative trade adjustment assistance program if the worker—
obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;
is at least 40 years of age;
earns not more than $50,000 a year in wages from reemployment;
is employed on a full-time basis as defined by State law in the State in which the worker is employed; and
does not return to the employment from which the worker was separated.
.
Conforming amendments
Subparagraphs (A)
and (B) of section 246(a)(2) of the Trade Act of
1974 (19 U.S.C. 2318(a)(2)) are amended by striking paragraph
(3)(B)
and inserting paragraph (3)
each place it
appears.
Section 246(b)(2)
of such Act is amended by striking subsection (a)(3)(B)
and
inserting subsection (a)(3)
.
Downstream workers
Section 222(c)(3) of the Trade Act of 1974 (19 (U.S.C. 2272(c)(3)) is
amended by striking , if the certification of eligibility
and
all that follows to the end period.
Training
Modification of enrollment deadlines
Section 231(a)(5)(A)(ii) of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)(A)(ii)) is amended—
in subclause (I),
by striking 16th week
and inserting 26th week
;
and
in subclause
(II), by striking 8th week
and inserting 20th
week
.
Extension of allowance to accommodate training
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end the following:
Extension of allowance
Notwithstanding any other provision of this section, a trade readjustment allowance may be paid to a worker for a number of additional weeks equal to the number of weeks the worker’s enrollment in training was delayed beyond the deadline applicable under section 231(a)(5)(A)(ii) pursuant to a waiver granted under section 231(c)(1)(E).
.
Funding for training
Section 236(a) of the Trade Act of 1974 (19 U.S.C. 2296(a)) is amended—
in paragraph (1)
by striking Upon such approval
and all that follows to the end;
and
by amending paragraph (2) to read as follows:
Upon approval of a training program under paragraph (l), and subject to the limitations imposed by this section, an adversely affected worker covered by a certification issued under section 223 shall be eligible to have payment of the costs of that training, including any costs of an approved training program incurred by a worker before a certification was issued under section 223, made on behalf of the worker by the Secretary directly or through a voucher system.
Not later than 6 months after the date of enactment of the Trade Adjustment Assistance Improvement Act of 2005, the Secretary shall develop and submit to Congress for approval a formula that provides workers with an individual entitlement for training costs to be administered pursuant to sections 239 and 240. The formula shall take into account—
the number of workers enrolled in trade adjustment assistance;
the duration of the assistance;
the anticipated training costs for workers; and
any other factors the Secretary deems appropriate.
Until such time as Congress approves the formula, the total amount of payments that may be made under subparagraph (A) for any fiscal year shall not exceed fifty percent of the amount of trade readjustment allowances paid to workers during that fiscal year.
.
Approved training programs
In general
Section 236(a)(5) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is amended—
by striking
and
at the end of subparagraph (E);
by redesignating subparagraph (F) as subparagraph (H); and
by inserting after subparagraph (E) the following:
integrated workforce training;
entrepreneurial training; and
.
Definition
Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended by adding at the end the following:
The term integrated workforce training means training that integrates occupational skills training with English language acquisition.
.
Funding for administrative costs
Section 241 of the Trade Act of 1974 (19 U.S.C. 2313) is amended by adding at the end the following:
Funds provided by the Secretary to a State to cover administrative costs associated with the performance of a State's responsibilities under section 239 shall be sufficient to cover all costs of the State associated with operating the trade adjustment assistance program, including case worker costs.
.
Authorization of appropriations
In general
Section 245(a) of the Trade Act of 1974 (19 U.S.C.
2317(a)) is amended by striking 2007
and inserting
2012
.
Firms
Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended—
by striking
$16,000,000
and inserting $32,000,000
; and
by striking
2007
and inserting 2012
.
Farmers
Section
298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended by striking
2007
and inserting 2012
.
Data collection
Short title
This title may be cited
as the Trade Adjustment Assistance
Accountability Act
.
Data collection; study; information to workers
Data collection; evaluations
Subchapter C of chapter 2 of title II of the Trade Act of 1974 is amended by inserting after section 249, the following new section:
Data collection; evaluations; reports
Data collection
The Secretary shall, pursuant to regulations prescribed by the Secretary, collect any data necessary to meet the requirements of this chapter.
Performance evaluations
The Secretary shall establish an effective performance measuring system to evaluate the following:
Program performance
A comparison of the trade adjustment assistance program before and after the effective date of the Trade Adjustment Assistance Reform Act of 2002 with respect to—
the number of workers certified and the number of workers actually participating in the trade adjustment assistance program;
the time for processing petitions;
the number of training waivers granted;
the coordination of programs under this chapter with programs under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);
the effectiveness of individual training providers in providing appropriate information and training;
the extent to which States have designed and implemented health care coverage options under title II of the Trade Act of 2002, including any difficulties States have encountered in carrying out the provisions of title II;
how Federal, State, and local officials are implementing the trade adjustment assistance program to ensure that all eligible individuals receive benefits, including providing outreach, rapid response, and other activities; and
any other data necessary to evaluate how individual States are implementing the requirements of this chapter.
Program participation
The effectiveness of the program relating to—
the number of workers receiving benefits and the type of benefits being received both before and after the effective date of the Trade Adjustment Assistance Reform Act of 2002;
the number of workers enrolled in, and the duration of, training by major types of training both before and after the effective date of the Trade Adjustment Assistance Reform Act of 2002;
earnings history of workers that reflects wages before separation and wages in any job obtained after receiving benefits under this Act;
reemployment rates and sectors in which dislocated workers have been employed;
the cause of dislocation identified in each petition that resulted in a certification under this chapter; and
the number of petitions filed and workers certified in each congressional district of the United States.
State participation
The Secretary shall ensure, to the extent practicable, through oversight and effective internal control measures the following:
State participation
Participation by each State in the performance measurement system established under subsection (b) and shall provide incentives for States to supplement employment and wage data obtained through the use of unemployment insurance wage records.
Monitoring
Monitoring by each State of internal control measures with respect to performance measurement data collected by each State.
Response
The quality and speed of the rapid response provided by each State under section 134(a)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)).
Reports
Reports by the Secretary
Initial report
Not later than 6 months after the date of enactment of the Trade Adjustment Assistance Accountability Act, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that—
describes the performance measurement system established under subsection (b);
includes analysis of data collected through the system established under subsection (b); and
provides recommendations for program improvements.
Annual report
Not later than 1 year after the date the report is submitted under subparagraph (A), and annually thereafter, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and release to the public a report that includes the information collected under clause (ii) of subparagraph (A).
State reports
Pursuant to regulations prescribed by the Secretary, each State shall submit to the Secretary a report that details its participation in the programs established under this chapter, and that contains the data necessary to allow the Secretary to submit the report required under paragraph (1).
Publication
The Secretary shall make available to each State, to Congress, and to the public, the data gathered and evaluated through the performance measurement system established under subsection (b).
.
Conforming amendments
Coordination
Section
281 of the Trade Act of 1974 (19
U.S.C. 2392) is amended by striking Departments of Labor and
Commerce
and inserting Departments of Labor, Commerce, and
Agriculture
.
Trade monitoring system
Section 282 of the
Trade Act of 1974 (19 U.S.C. 2393) is
amended by striking The Secretary of Commerce and the Secretary of
Labor
and inserting The Secretaries of Commerce, Labor, and
Agriculture
.
Table of contents
The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 249, the following new item:
Sec. 250. Data collection; evaluations; reports.
.
Effective date
The amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this Act.
Determinations by the Secretary of Labor
Section 223(c) of the Trade Act of 1974 (19 U.S.C. 2273(c)) is amended to read as follows:
Publication of determinations
Upon reaching a determination on a petition, the Secretary shall—
promptly publish a summary of the determination in the Federal Register together with the Secretary’s reasons for making such determination; and
make the full text of the determination available to the public on the Internet website of the Department of Labor with full-text searchability.
.
Trade Adjustment Assistance for farmers
Clarification of marketing year and other provisions
In general
Section 291(5) of the Trade Act of 1974 (19 U.S.C. 2401(5)) is
amended by inserting before the end period the following: , or in the
case of an agricultural commodity that has no officially designated marketing
year, in a 12-month period for which the petitioner provides written
request
.
Fishermen
Notwithstanding any other provision of law, for purposes of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) fishermen who harvest wild stock shall be eligible for adjustment assistance to the same extent and in the same manner as a group of workers under such chapter 2.
Eligibility
In general
Section 292(c)(1) of the Trade Act of 1974 (19 U.S.C. 2401a(c)(1)) is
amended by striking 80 percent
and inserting 90
percent
.
Net farm income
Section 296(a)(1)(C) of the Trade Act of 1974 (19 U.S.C. 2401e(a)(1)(C)) is
amended by inserting before the end period the following: or the
producer had no positive net farm income for the 2 most recent consecutive
years in which no adjustment assistance was received by the producer under this
chapter
.