II
110th CONGRESS
1st Session
S. 1848
IN THE SENATE OF THE UNITED STATES
July 23, 2007
Mr. Baucus (for himself, Ms. Snowe, Mr. Wyden, Mr. Coleman, Ms. Stabenow, Ms. Cantwell, Mr. Salazar, Mrs. Murray, Mr. Bingaman, Ms. Klobuchar, Mr. Levin, and Mr. Obama) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend the Trade Act of 1974 to address the impact of globalization, to reauthorize trade adjustment assistance, to extend trade adjustment assistance to service workers, communities, firms, and farmers, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Trade and Globalization
Adjustment Assistance Act of 2007
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—Trade adjustment assistance for workers
Subtitle A—Trade adjustment assistance for services sector; shifts in production overseas
Sec. 101. Extension of trade adjustment assistance to services sector; shifts in production.
Sec. 102. Monitoring and reporting.
Sec. 103. Effective date.
Subtitle B—Industry-wide trade adjustment assistance
Sec. 111. Other methods of requesting investigation.
Sec. 112. Notification.
Sec. 113. Industry-wide determination.
Sec. 114. Regulations.
Subtitle C—Training
Sec. 121. Prerequisite education; approved training programs.
Sec. 122. Enrollment period; waivers.
Sec. 123. Temporary employment and on-the-job training accountability.
Sec. 124. Training funds.
Subtitle D—Health coverage improvement
Sec. 131. Short title.
Sec. 132. Improvement of the affordability of the credit.
Sec. 133. Payment for monthly premiums paid prior to certification of eligibility for credit.
Sec. 134. TAA recipients not enrolled in training programs eligible for credit.
Sec. 135. TAA pre-certification period rule for purposes of determining whether there is a 63-day lapse in creditable coverage.
Sec. 136. Continued qualification of family members after certain events.
Sec. 137. Preservation of State-based ratings laws.
Sec. 138. Alignment of COBRA coverage with TAA period for TAA-eligible individuals.
Sec. 139. Addition of coverage through voluntary employees' beneficiary associations.
Sec. 140. Notice requirements.
Sec. 141. Annual report on enhanced TAA benefits.
Sec. 142. Extension of national emergency grants.
Subtitle E—Wage insurance
Sec. 151. Wage insurance.
Subtitle F—Other trade adjustment assistance matters
Sec. 161. Calculation of eligibility period for allowance to accommodate extended training, allowable breaks in training, litigation, and military service.
Sec. 162. Job search and relocation allowances.
Sec. 163. Certification of submissions; transparency.
Sec. 164. Establishment of the Office of the Ombudsman for the Trade Adjustment Assistance program.
Sec. 165. Data collection; information to workers.
Sec. 166. Pilot program for distribution of information to workers.
Sec. 167. Technical and conforming amendments.
Sec. 168. Extension of authorization of trade adjustment assistance for workers.
TITLE II—Trade adjustment assistance for rural and distressed communities
Sec. 201. Purpose.
Sec. 202. Trade Adjustment Assistance for communities.
Sec. 203. Conforming amendments.
Sec. 204. Effective date.
TITLE III—Trade adjustment assistance for firms
Sec. 301. Trade adjustment assistance for firms.
Sec. 302. Extension of authorization of trade adjustment assistance for firms.
TITLE IV—Trade adjustment assistance for farmers and fishermen
Sec. 401. Clarification of marketing year.
Sec. 402. Application to fisherman.
Sec. 403. Eligibility.
Sec. 404. Benefits.
Sec. 405. Audits and reports.
Sec. 406. Extension of authorization of trade adjustment assistance for farmers.
Trade adjustment assistance for workers
Trade adjustment assistance for services sector; shifts in production overseas
Extension of trade adjustment assistance to services sector; shifts in production
Adjustment assistance for workers
Section 221(a)(1)(A) of the
Trade Act of 1974 (19 U.S.C.
2271(a)(1)(A)) is amended by striking firm)
and
inserting firm, and workers in a service sector firm or subdivision of a
service sector firm, or public agency)
.
Group eligibility requirements; service workers; shifts in production
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended—
in subsection (a)—
in the matter preceding paragraph (1), by
striking agricultural firm)
and inserting agricultural
firm, and workers in a service sector firm or subdivision of a service sector
firm, or public agency)
;
in paragraph (1), by inserting or
public agency
after of the firm
; and
in paragraph (2)—
in subparagraph (A)(ii), by striking
like or directly competitive with articles produced
and
inserting or services like or directly competitive with articles
produced or services provided
; and
by striking subparagraph (B) and inserting the following:
there has been a shift, by such workers' firm, subdivision, or public agency to a foreign country, of production of articles, or in provision of services, like or directly competitive with articles which are produced, or services which are provided by such firm, subdivision, or public agency; or
such workers' firm, subdivision, or public agency has obtained or is likely to obtain such services from a foreign country.
;
in subsection (b)—
in the matter preceding paragraph (1), by
striking agricultural firm)
and inserting agricultural
firm, and workers in a service sector firm or subdivision of a service sector
firm, or public agency)
;
in paragraph (2), by inserting or
service
after related to the article
; and
in paragraph (3)(A), by inserting or
services
after component parts
;
in subsection (c)—
in paragraph (3)—
by inserting or services
after value-added production processes
;
by striking or finishing
and
inserting , finishing, testing, packaging, or maintenance or
transportation services
;
by inserting or services
after for articles
;
by inserting (or
subdivision)
after such other firm
; and
by striking
, if the certification of eligibility
and all that follows
through Canada or Mexico
; and
in paragraph (4)—
by striking for articles
and
inserting , or services, used in the production of articles or in the
provision of services
; and
by inserting (or
subdivision)
after such other firm
; and
by adding at the end the following:
Basis for secretary’s determinations
Increased imports
For purposes of subsection (a)(2)(A)(ii), the Secretary may determine that increased imports of like or directly competitive articles or services exist if the workers’ firm or subdivision, or customers of the workers’ firm or subdivision accounting for not less than 20 percent of the sales of the workers’ firm or subdivision, certify to the Secretary that such customers are obtaining such articles or services from a foreign country.
Obtaining services abroad
For purposes of subsection (a)(2)(B)(ii), the Secretary may determine that the workers’ firm, subdivision, or public agency has obtained or is likely to obtain like or directly competitive services from a foreign country based on a certification thereof from the workers’ firm, subdivision, or public agency.
Authority of the Secretary
The Secretary may obtain the certifications under paragraphs (1) and (2) through questionnaires or in such other manner as the Secretary determines is appropriate.
Additional information
In determining whether to certify a group of workers under subsection (a) or (b) pursuant to a petition filed under section 221, the Secretary should confirm information furnished in the petition and elicit other relevant information by contacting—
officials of firms and unions;
employees and any other persons;
Federal and State agencies; and
public and private organizations.
.
Definitions
Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended—
in paragraph (1)—
by inserting or public
agency
after of a firm
; and
by inserting or public
agency
after or subdivision
;
in paragraph (2)(B), by inserting or
public agency
after the firm
;
by redesignating paragraphs (8) through (17) as paragraphs (9) through (18), respectively; and
by inserting after paragraph (6) the following:
The term public agency means a department or agency of a State or local government or of the Federal Government.
The term service sector firm means an entity engaged in the business of providing services.
.
Monitoring and reporting
Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended—
in the first sentence—
by striking The Secretary
and inserting the following:
Monitoring Programs
The Secretary
;
by inserting and services
after imports of articles
;
by inserting and domestic provision
of services
after domestic production
;
by inserting or providing
services
after producing articles
; and
by inserting , or provision of
services,
after changes in production
; and
by adding at the end the following:
Collection of data and reports on service sector
Secretary of Labor
Not later than 90 days after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, the Secretary of Labor shall implement a system to collect data on adversely affected service workers that includes the number of workers by State, industry, and cause of dislocation of each worker.
Secretary of Commerce
Not later than 180 days after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and report to Congress on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms obtaining services from firms in foreign countries.
.
Effective date
The amendments made by this subtitle shall take effect on the date that is 90 days after the date of the enactment of this Act.
Industry-wide trade adjustment assistance
Other methods of requesting investigation
Section 221 of the Trade Act of 1974 (19 U.S.C. 2271) is amended—
in subsection (a)—
in paragraph (2), by inserting or a
request or resolution filed under subsection (c),
after
paragraph (1),
; and
in paragraph (3), by inserting ,
request, or resolution
after petition
each place it
appears; and
by adding at the end the following:
Other methods of initiating a petition
Upon the request of the President or the United States Trade Representative, or the resolution of either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives, the Secretary shall promptly initiate an investigation under this chapter to determine the eligibility for adjustment assistance of—
a group of workers (which may include workers from more than one facility or employer); or
all workers in an occupation as that occupation is defined in the Bureau of Labor Statistics Standard Occupational Classification System.
.
Notification
Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended to read as follows:
Notifications regarding affirmative determinations and safeguards
Notifications regarding chapter 1 investigations and determinations
Whenever the International Trade Commission makes a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the Commission shall immediately—
notify the Secretary of Labor of that finding; and
in the case of a finding with respect to an agricultural commodity, as defined in section 291, notify the Secretary of Agriculture of that finding.
Notification regarding bilateral safeguards
The International Trade Commission shall immediately notify the Secretary of Labor and, in an investigation with respect to an agricultural commodity, the Secretary of Agriculture, whenever the Commission makes an affirmative determination pursuant to one of the following provisions:
Section 421 of this Act.
Section 312 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 312 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 312 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 312 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 302(b) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3352(b)).
Section 212 of the United States-Jordan Free Trade Area Implementation Act (19 U.S.C. 2112 note).
Section 312 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4062).
Section 312 of the United States-Bahrain Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 312 of the United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Agricultural safeguards
The Commissioner of U.S. Customs and Border Protection of the Department of Homeland Security shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, whenever the Commissioner assesses additional duties on a product pursuant to one of the following provisions:
Section 202 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 202 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 201(c) of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 309 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3358).
Section 301(a) of the United States-Canada Free Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).
Section 404 of the United States-Israel Free Trade Area Implementation Act of 1985 (19 U.S.C. 2112 note).
Section 202 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4032).
Textile safeguards
The President shall immediately notify the Secretary of Labor whenever the President makes a positive determination pursuant to one of the following provisions:
Section 322 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 322 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 322 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 322 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 322 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4082).
Section 322 of the United States-Bahrain Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 322 of the United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Antidumping and countervailing duties
Whenever the International Trade Commission makes a final affirmative determination pursuant to section 705 or 735 of the Tariff Act of 1930 (19 U.S.C. 1671d and 1673d), the Commission shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, of that determination.
.
Industry-wide determination
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by adding at the end the following:
Determination regarding industry-wide certification
Determination
If the Secretary receives a request or a resolution under section 221(c) on behalf of workers in a domestic industry or occupation (described in section 221(c)(2)) or certifies 3 or more petitions under section 221(a) within a 180-day period on behalf of groups of workers in a domestic industry or occupation, the Secretary shall—
make a determination, under subsection (a), of the eligibility of all adversely affected workers in that domestic industry or occupation; or
make a determination, under subsection (a), of the eligibility of all adversely affected workers in that domestic industry or occupation who are located in one or more States or regions of the United States.
Publication
Upon making a determination of the eligibility for adjustment assistance under this chapter of a group of workers or all workers in an industry or occupation under paragraph (1), the Secretary shall—
notify each State in which the workers are located of the determination; and
promptly publish a summary of the determination, together with a summary of the basis for the determination, in the Federal Register and on the website of the Department of Labor.
.
Regulations
The Secretary of Labor may promulgate such regulations as may be necessary to carry out the amendments made by this subtitle.
Training
Prerequisite education; 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 redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;
by inserting after subparagraph (D) the following:
any program of prerequisite education or coursework required to enroll in training that may be approved under this section,
;
in subparagraph
(F)(ii), as redesignated by paragraph (1), by striking and
at
the end;
in subparagraph
(G), as redesignated by paragraph (1), by striking the period at the end and
inserting , and
; and
by adding at the end the following:
any training program or coursework at an accredited institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) if there is a reasonable expectation of reemployment upon completion of the training program or coursework, including a training program or coursework for the purpose of—
obtaining a degree or certification; or
completing a degree or certification that the worker had previously begun at an accredited institution of higher education.
.
Conforming amendments
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended—
in subsection
(a)(2), by inserting prerequisite education or
after
requires a program of
; and
in subsection
(g), by inserting prerequisite education or
after
includes a program of
.
Enrollment period; waivers
In general
Section 231 of the Trade Act of 1974 (19 U.S.C. 2291) is amended—
in subsection (a)(5)(A)(ii)—
in subclause (I),
by striking 16th
and inserting 26th
; and
in subclause
(II), by striking 8th
and inserting 26th
;
and
in subsection (c)(1), by adding at the end the following:
Advanced degree or certification
The worker possesses a postgraduate degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) and there is a reasonable expectation of reemployment.
Administrative error
The worker did not enroll in training before the date described in subsection (a)(5) as a result of an administrative error made by a State.
.
Conforming amendment
Section 233(b) of the Trade Act of 1974 (19 U.S.C.
2293(b)) is amended by striking within 210 days after the date of the
worker's first certification
and all that follows through the end
period and inserting in accordance with section
231(a)(5).
.
Temporary employment and on-the-job training accountability
Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is amended to read as follows:
Eligibility
In general
A worker may not be determined to be ineligible or disqualified for unemployment insurance or benefits under this subchapter—
because the worker—
is in training approved under subsection (a);
left work that was not suitable employment to enter such training;
left work that the worker engaged in on a temporary basis during a break in such training or a delay in the commencement of such training;
left or refused on-the-job training that was not suitable on-the-job training; or
refused on-the-job training to attend a classroom training course approved under subsection (a); or
because the provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work apply to a week of training approved under subsection (a).
Election of trade readjustment allowance over unemployment insurance
A worker may elect to receive benefits under this subchapter instead of receiving unemployment insurance if—
the worker leaves work that the worker engaged in on a temporary basis during a break in training, as described in paragraph (1)(A)(iii);
the worker is eligible for benefits under this subchapter for which the worker was eligible before engaging in such work; and
the worker is eligible for unemployment insurance based on leaving such work.
Suitable on-the-job training
For purposes of this subsection, the term suitable on-the-job training means on-the-job training—
that can reasonably be expected to lead to suitable employment;
that is compatible with the skills of the worker;
that—
involves a curriculum through which the worker learns the skills necessary for the job for which the worker is being trained; and
can be measured by benchmarks that indicate that the worker is learning such skills; and
that is certified by the State as an on-the-job training program that meets the requirements of subparagraph (C).
.
Training funds
Section 236(a)(2) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)) is amended to read as follows:
Total payments; allocation of payments
Total payments for fiscal year 2008 and succeeding fiscal years
Fiscal year 2008
The total amount of payments that may be made under paragraph (1) for fiscal year 2008 shall not exceed $440,000,000.
Fiscal year 2009 and succeeding fiscal years
The following shall apply to fiscal year 2009 and each fiscal year thereafter:
In general
The amount of the total payments that may be made for a fiscal year shall be 110 percent of the total payments authorized to be made for the preceding fiscal year, if during the preceding fiscal year the total amount obligated or expended by States was equivalent to 90 percent or more of the total payments authorized to be made for such preceding fiscal year.
Exception
The amount of the total payments that may be made for a fiscal year shall be 100 percent of the total payments authorized to be made for the preceding fiscal year, if during the preceding fiscal year the total amount obligated or expended by States was equivalent to less than 90 percent of the total payments authorized to be made for such preceding fiscal year.
Allocation of total payments
Plan and rulemaking
Plan
Not later than 90 days after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, the Secretary shall submit to Congress a plan—
for allocating and disbursing payments among States in a manner that takes into account—
historic trends in the number of workers covered by certifications under this chapter in each State, including the most recent 6-month period for which data are available;
historic trends in the number of workers enrolled in training under this section in each State, including the most recent 6-month period for which data are available;
the obligations of States to make payments with respect to training under this section for workers in the following fiscal year; and
the ability of States to respond to unanticipated demands for training under this section; and
for ensuring that States collect and report accurate information on the trends, obligations, and demands described in subclause (I).
Rulemaking
In general
The Secretary shall prescribe regulations, pursuant to section 553 of title 5, United States Code, to carry out the plan required by subclause (I).
Timing of rulemaking
The Secretary shall issue the notice of proposed rulemaking with respect to the regulations required by item (aa) not earlier than the date that is 90 days after the date on which the Secretary submits the plan under subclause (I).
Distribution of remaining funds
If, in any fiscal year, the Secretary does not distribute all of the funds authorized for payments under subparagraph (A), the Secretary shall distribute the remaining funds in a manner to be determined by the Secretary—
to any State that requests the distribution of such funds and has—
expended more than 50 percent of the funds already distributed; or
obligated more than 75 percent of the funds already distributed; and
to any State that the Secretary determines needs additional funds.
Allocation of payments if costs estimated to exceed total payments
If, during a fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved under this section will exceed the amount of limitations imposed under subparagraph (A), the Secretary shall decide how the portion of such limitations that has not been expended at the time of such estimate is to be apportioned among the States for the remainder of such fiscal year.
Use of training funds for caseworker services
Notwithstanding any other provision of law, a State may expend not more than 5 percent of the funds allocated to the State in a fiscal year for the costs of training approved under this section to provide services related to benefits under this chapter.
Report
Not later than 90 days after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, and every 90 days 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 a report on—
the allocation among States of funds for training approved under section 236;
the amount of funds obligated or expended to provide training under subsection (a), including obligations accrued for the following fiscal year, during the preceding quarter and cumulatively during the fiscal year;
the demand for such funds anticipated for any remaining quarters in the fiscal year; and
the efforts of the Department of Labor to ensure that each State receives funds sufficient to provide training approved under section 236 to all eligible workers.
.
Health coverage improvement
Short title
This title may be cited
as the TAA Health Coverage Improvement
Act of 2007
.
Improvement of the affordability of the credit
Improvement of affordability
In general
Section 35(a) of the
Internal Revenue Code of 1986 (relating to credit for health insurance costs of
eligible individuals) is amended by striking 65
and inserting
85
.
Conforming amendment
Section 7527(b) of
such Code (relating to advance payment of credit for health insurance costs of
eligible individuals) is amended by striking 65
and inserting
85
.
Effective date
The amendments made by this section apply to taxable years beginning after December 31, 2007.
Payment for monthly premiums paid prior to certification of eligibility for credit
Payment for premiums due prior to certification of eligibility for the credit
Section 7527 of the Internal Revenue Code of 1986 (relating to advance payment of credit for health insurance costs of eligible individuals) is amended by adding at the end the following new subsection:
Payment for premiums due prior to issuance of certificate
The program established under subsection (a) shall provide that the Secretary shall make 1 or more retroactive payments on behalf of a certified individual in an aggregate amount equal to 85 percent of the premiums for coverage of the taxpayer and qualifying family members under qualified health insurance for eligible coverage months (as defined in section 35(b)) occurring prior to the issuance of a qualified health insurance costs credit eligibility certificate.
.
Effective date
The amendment made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after such date.
TAA recipients not enrolled in training programs eligible for credit
In general
Paragraph (2) of section 35(c) of the Internal Revenue
Code of 1986 (defining eligible TAA recipient) is amended by inserting
or (a)(5)
after subsection (a)(3)(B)
.
Effective date
The amendment made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after such date.
TAA pre-certification period rule for purposes of determining whether there is a 63-day lapse in creditable coverage
IRC amendment
Section 9801(c)(2) of the Internal Revenue Code of 1986 (relating to not counting periods before significant breaks in creditable coverage) is amended by adding at the end the following new subparagraph:
TAA-eligible individuals
TAA pre-certification period rule
In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date which is 5 days after the date of the notice by the Secretary (or by any person or entity designated by the Secretary) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 shall not be taken into account in determining the continuous period under subparagraph (A).
Definitions
The terms TAA-eligible individual, and TAA-related loss of coverage have the meanings given such terms in section 4980B(f)(5)(C)(iv).
.
ERISA amendment
Section 701(c)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)) is amended by adding at the end the following new subparagraph:
TAA-eligible individuals
TAA pre-certification period rule
In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date that is 5 days after the date of the notice by the Secretary of the Treasury (or by any person or entity designated by the Secretary of the Treasury) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 of the Internal Revenue Code of 1986 shall not be taken into account in determining the continuous period under subparagraph (A).
Definitions
The terms TAA-eligible individual, and TAA-related loss of coverage have the meanings given such terms in section 605(b)(4).
.
PHSA amendment
Section 2701(c)(2) of the Public Health Service Act (42 U.S.C. 300gg(c)(2)) is amended by adding at the end the following new subparagraph:
TAA-eligible individuals
TAA pre-certification period rule
In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date that is 5 days after the date of the notice by the Secretary of the Treasury (or by any person or entity designated by the Secretary of the Treasury) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 of the Internal Revenue Code of 1986 shall not be taken into account in determining the continuous period under subparagraph (A).
Definitions
The terms TAA-eligible individual, and TAA-related loss of coverage have the meanings given such terms in section 2205(b)(4).
.
Effective date
The amendments made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after such date.
Continued qualification of family members after certain events
In general
Subsection (g) of section 35 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (9) as paragraph (10) and inserting after paragraph (8) the following new paragraph:
Continued qualification of family members after certain events
Eligible individual becomes medicare eligible
In the case of a month which would be an eligible coverage month with respect to an eligible individual but for subsection (f)(2)(A), such month shall be treated as an eligible coverage month with respect to such eligible individual solely for purposes of determining the amount of the credit under this section with respect to any qualifying family member of such individual.
Divorce
In the case of a month which would be an eligible coverage month with respect to a former spouse of a taxpayer but for the finalization of a divorce between the spouse and the taxpayer that occurs during the period in which the taxpayer is an eligible individual, such month shall be treated as an eligible coverage month with respect to such former spouse.
Death
In the case of a month which occurs after the death of an eligible individual and which would be an eligible coverage month with respect to such eligible individual if the individual had survived and met any applicable eligibility requirements for the maximum permissible period, such month shall be treated as an eligible coverage month with respect to the spouse of such eligible individual.
.
Conforming amendment
Section 173(f) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)) is amended by adding at the end the following:
Continued qualification of family members after certain events
Eligible individual becomes medicare eligible
In the case of a month which would be an eligible coverage month with respect to an eligible individual but for paragraph (7)(B)(i), such month shall be treated as an eligible coverage month with respect to such eligible individual solely for purposes of determining the amount of the credit under this section with respect to any qualifying family member of such individual.
Divorce
In the case of a month which would be an eligible coverage month with respect to a former spouse of a taxpayer but for the finalization of a divorce between the spouse and the taxpayer that occurs during the period in which the taxpayer is an eligible individual, such month shall be treated as an eligible coverage month with respect to such former spouse.
Death
In the case of a month which would be an eligible coverage month with respect to an eligible individual but for the death of such individual, such month shall be treated as an eligible coverage month with respect to the spouse of such eligible individual.
.
Effective date
The amendments made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after such date.
Preservation of State-based ratings laws
Ratings requirement
Subparagraph (A) of section 35(e)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause:
Risk rating
If risk rating is used to determine premiums for insurance provided under any subparagraph of paragraph (1) to which this subparagraph applies, the issuer of the insurance meets, with respect to such insurance, any requirements with respect to risk rating which are applicable under the laws of the State in which the insurance is issued to health insurance coverage provided to employees by an employer who normally employs between 2 and 50 employees on a typical business day.
.
Conforming amendment
Section 173(f)(2)(B)(i) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(2)(B)(i)) is amended by adding at the end the following new subclause:
Risk rating
If risk rating is used to determine premiums for insurance provided under any clause of subparagraph (A) to which this clause applies, the issuer of the insurance meets, with respect to such insurance, any requirements with respect to risk rating which are applicable under the laws of the State in which the insurance is issued to health insurance coverage provided to employees by an employer who normally employs between 2 and 50 employees on a typical business day.
.
Alignment of COBRA coverage with TAA period for TAA-eligible individuals
Internal Revenue Code of 1986
Section 4980B(f)(5)(C) of the Internal Revenue Code of 1986 is amended—
in the subparagraph heading, by inserting
and
coverage
after election
; and
in clause (ii)—
in the clause heading, by inserting
and
period
after Commencement
; and
by adding at the end the following new
sentence: In no event shall the maximum period required under paragraph
(2)(B)(i) with respect to such continuation coverage be less than the period
during which the individual is a TAA-eligible individual.
.
ERISA
Section 605(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1165(b)) is amended—
in the subsection heading, by inserting
and
Coverage
after Election
; and
in paragraph (2)—
in the paragraph heading, by inserting
and
period
after Commencement
; and
by adding at the end the following new
sentence: In no event shall the maximum period required under section
602(2)(A) with respect to such continuation coverage be less than the period
during which the individual is a TAA-eligible individual.
.
Public Health Service Act
Section 2205(b) of the Public Health Service Act (42 U.S.C. 300bb–5(b)) is amended—
in the subsection heading, by inserting
and
Coverage
after Election
; and
in paragraph (2)—
in the paragraph heading, by inserting
and
period
after Commencement
; and
by adding at the end the following new
sentence: In no event shall the maximum period required under section
2202(2)(A) with respect to such continuation coverage be less than the period
during which the individual is a TAA-eligible individual.
.
Addition of coverage through voluntary employees' beneficiary associations
In general
Paragraph (1) of section 35(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
Coverage under an employee benefit plan funded by a voluntary employees' beneficiary association (as defined in section 501(c)(9)) established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative, as provided in section 1114 of title 11, United States Code.
.
Conforming amendment
Section 173(f)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(2)(A)) is amended by adding at the end the following new clause:
Coverage under an employee benefit plan funded by a voluntary employees' beneficiary association (as defined in section 501(c)(9) of the Internal Revenue Code of 1986) established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative, as provided in section 1114 of title 11, United States Code.
.
Notice requirements
Section 7527 of the Internal Revenue Code of 1986 (relating to advance payment of credit for health insurance costs of eligible individuals), as amended by this Act, is amended by adding at the end the following new subsection:
Inclusion of certain information
The notice by the Secretary (or by any person or entity designated by the Secretary) that an individual is eligible for a qualified health insurance costs credit eligibility certificate shall include—
the name, address, and telephone number of the State office or offices responsible for determining that the individual is eligible for such certificate and for providing the individual with assistance with enrollment in qualified health insurance (as defined in section 35(e)),
a list of the coverage options that are treated as qualified health insurance (as so defined) by the State in which the individual resides, and
in the case of a TAA-eligible individual (as defined in section 4980B(f)(5)(C)(iv)(II)), a statement informing the individual that the individual has 63 days from the date that is 5 days after the date of such notice to enroll in such insurance without a lapse in creditable coverage (as defined in section 9801(c)).
.
Annual report on enhanced TAA benefits
Not later than October 1 of each year (beginning in 2007) the Secretary of the Treasury, after consultation with the Secretary of Labor, shall report to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives the following information with respect to the most recent taxable year ending before such date:
The total number of participants utilizing the health insurance tax credit under section 35 of the Internal Revenue Code of 1986, including a measurement of such participants identified—
by State, and
by coverage under COBRA continuation provisions (as defined in section 9832(d)(1) of such Code) and by non-COBRA coverage (further identified by group and individual market).
The range of monthly health insurance premiums offered and the average and median monthly health insurance premiums offered to TAA-eligible individuals (as defined in section 4980B(f)(5)(C)(iv)(II) of such Code) under COBRA continuation provisions (as defined in section 9832(d)(1) of such Code), State-based continuation coverage provided under a State law that requires such coverage, and each category of coverage described in section 35(e)(1) of such Code, identified by State and by the actuarial value of such coverage and the specific benefits provided and cost-sharing imposed under such coverage.
The number of States applying for and receiving national emergency grants under section 173(f) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)) and the time necessary for application approval of such grants.
The cost of administering the health credit program under section 35 of such Code, by function, including the cost of subcontractors.
Extension of national emergency grants
In general
Section 173(f) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)), as amended by this Act, is amended—
by striking paragraph (1) and inserting the following new paragraph:
Use of funds
Health insurance coverage for eligible individuals in order to obtain qualified health insurance that has guaranteed issue and other consumer protections
Funds made available to a State or entity under paragraph (4)(A) of subsection (a) shall be used to provide an eligible individual described in paragraph (4)(C) and such individual’s qualifying family members with health insurance coverage for the 3-month period that immediately precedes the first eligible coverage month (as defined in section 35(b) of the Internal Revenue Code of 1986) in which such eligible individual and such individual’s qualifying family members are covered by qualified health insurance that meets the requirements described in clauses (i) through (v) of section 35(e)(2)(A) of the Internal Revenue Code of 1986 (or such longer minimum period as is necessary in order for such eligible individual and such individual’s qualifying family members to be covered by qualified health insurance that meets such requirements).
Additional uses
Funds made available to a State or entity under paragraph (4)(A) of subsection (a) may be used by the State or entity for the following:
Health insurance coverage
To assist an eligible individual and such individual’s qualifying family members with enrolling in health insurance coverage and qualified health insurance or paying premiums for such coverage or insurance.
Administrative expenses and start-up expenses to establish group health plan coverage options for qualified health insurance
To pay the administrative expenses related to the enrollment of eligible individuals and such individuals’ qualifying family members in health insurance coverage and qualified health insurance, including—
eligibility verification activities;
the notification of eligible individuals of available health insurance and qualified health insurance options;
processing qualified health insurance costs credit eligibility certificates provided for under section 7527 of the Internal Revenue Code of 1986;
providing assistance to eligible individuals in enrolling in health insurance coverage and qualified health insurance;
the development or installation of necessary data management systems; and
any other expenses determined appropriate by the Secretary, including start-up costs and on going administrative expenses, in order for the State to treat the coverage described in subparagraphs (C) through (H) of section 35(e)(1) of the Internal Revenue Code of 1986 as qualified health insurance under that section.
Outreach
To pay for outreach to eligible individuals to inform such individuals of available health insurance and qualified health insurance options, including outreach consisting of notice to eligible individuals of such options made available after the date of enactment of this clause and direct assistance to help potentially eligible individuals and such individual’s qualifying family members qualify and remain eligible for the credit established under section 35 of the Internal Revenue Code of 1986 and advance payment of such credit under section 7527 of such Code.
Bridge funding
To assist potentially eligible individuals purchase qualified health insurance coverage prior to issuance of a qualified health insurance costs credit eligibility certificate under section 7527 of the Internal Revenue Code of 1986 and commencement of advance payment, and receipt of expedited payment, under subsections (a) and (e), respectively, of that section.
Rule of construction
The inclusion of a permitted use under this paragraph shall not be construed as prohibiting a similar use of funds permitted under subsection (g).
; and
by striking paragraph (2) and inserting the following new paragraph:
Qualified health insurance
For purposes of this subsection and subsection (g), the term qualified health insurance has the meaning given that term in section 35(e) of the Internal Revenue Code of 1986.
.
Funding
Section 174(c)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2919(c)(1)) is amended—
in the paragraph heading, by striking
Authorization and
appropriation for fiscal year 2002
and inserting
Appropriations
; and
by striking subparagraph (A) and inserting the following new subparagraph:
to carry out subsection (a)(4)(A) of section 173—
$10,000,000 for fiscal year 2002; and
$300,000,000 for the period of fiscal years 2008 through 2010; and
.
Report regarding failure To comply with requirements for expedited approval procedures
Section 173(f) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)), as amended by section 6, is amended by adding at the end the following new paragraph:
Report for failure to comply with requirements for expedited approval procedures
If the Secretary fails to make the notification required under clause (i) of paragraph (3)(A) within the 15-day period required under that clause, or fails to provide the technical assistance required under clause (ii) of such paragraph within a timely manner so that a State or entity may submit an approved application within 2 months of the date on which the State or entity’s previous application was disapproved, the Secretary shall submit a report to Congress explaining such failure.
.
Technical amendment
Effective as if included in the enactment of the Trade Act of 2002 (Public Law 107–210; 116 Stat. 933), subsection (f) of section 203 of that Act is repealed.
Wage insurance
Wage insurance
In general
Section 246 of the Trade Act of 1974 (19 U.S.C. 2318) is amended—
in the heading,
by striking alternative
trade adjustment assistance for older workers
and
inserting wage
insurance
;
by striking
alternative trade adjustment assistance
each place it appears
and inserting wage insurance
;
in subsection (a)—
in paragraph (2)—
in subparagraph (A)—
by striking
for a period not to exceed 2 years
and inserting for the
eligibility period under paragraph (4)
; and
by striking
paragraph (3)(B)
and inserting paragraph (3)
;
and
in subparagraph (B)—
by striking
for a period not to exceed 2 years
and inserting for the
eligibility period under paragraph (4)
; and
by striking
paragraph (3)(B)
and inserting paragraph
(3)
;
by adding at the end the following:
Training
A worker described in paragraph (3) shall be eligible to receive training approved under section 236.
;
by striking paragraphs (3) through (5) and inserting the following:
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 wage insurance program if the worker—
is at least 40 years of age;
does not earn more than $60,000 a year in wages from reemployment; and
does not return to the employment from which the worker was separated and—
obtains reemployment on a full-time basis as defined by State law in the State in which the worker is employed;
obtains reemployment of not less than 20 hours a week and is enrolled in training approved under section 236; or
received a trade readjustment allowance under part I of subchapter B for less than the total number of weeks for which the worker was eligible to receive such allowance under section 233 and obtains reemployment not later than 26 weeks after successfully completing a training program approved under section 236.
Eligibility period
Worker who has not received trade adjustment allowance
In the case of a worker described in paragraph (3) who has not received a trade readjustment allowance under part I of subchapter B, the worker may receive wage insurance under this section for a period not to exceed 2 years from the date that is the earlier of—
the date on which the worker exhausts all rights to unemployment insurance based on the separation of the worker from adversely affected employment; or
the date on which the worker obtains reemployment.
Worker who has received trade adjustment allowance
In the case of a worker described in paragraph (3) who received a trade readjustment allowance under part I of subchapter B, the worker may receive wage insurance under this section for a period—
beginning on the date on which the worker obtains reemployment; and
not to exceed—
the total number of weeks for which the worker is eligible for such allowance, less
the total number of weeks for which the worker received such allowance.
Total amount of payments
The payments described in paragraph (2)(A) made to a worker may not exceed $12,000 per worker during the eligibility period under paragraph (4).
Limitation on trade readjustment allowances
A worker described in paragraph (3) may not receive a trade readjustment allowance under part I of subchapter B during any week for which the worker receives a payment described in paragraph (2)(A).
; and
in subsection
(b)(2), by striking subsection (a)(3)(B)
and inserting
subsection (a)(3)
.
Extension of program
Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C.
2318(b)(1)) is amended by striking 5
and inserting
10
.
Technical amendment
The table of contents for title II of the Trade Act of 1974 is amended by amending the item relating to section 246 to read as follows:
Sec. 246. Demonstration project for wage insurance.
.
Other trade adjustment assistance matters
Calculation of eligibility period for allowance to accommodate extended training, allowable breaks in training, litigation, and military service
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293), as amended by sections 121(b) and 122(b), is further amended—
in subsection (f), by striking
30
and inserting 90
; and
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 period equivalent to the period the worker’s enrollment in training was extended beyond the deadline applicable under section 231(a)(5)(A)(ii) pursuant to a waiver granted under subparagraph (D), (E), or (F) of section 231(c)(1).
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.
Special rule for active duty military service
In general
Notwithstanding any other provision of this section, an adversely affected worker described in paragraph (2) shall be eligible for a trade readjustment allowance and other benefits under this subchapter in the same manner and to the same extent as if a petition that resulted in a certification under section 223 for that worker was filed on the date described in paragraph (3).
Worker described
A worker described in this paragraph means a worker who—
is a member of a reserve component of the Armed Forces; and
serves on active duty—
after the date on which the worker became totally separated, or partially separated, from the adversely affected employment; and
before the worker completes training approved under section 236.
Date described
The date described in this paragraph is a date that is on or before the 30th day after the worker returns from active duty or such later date as determined on a case-by-case basis by the Secretary.
.
Job search and relocation allowances
Job search allowances
Section 237(b) of the Trade Act of 1974 (19 U.S.C. 2297(b)) is amended—
in paragraph (1),
by striking 90 percent of the cost of
and inserting
all
; and
in paragraph (2),
by striking $1,250
and inserting $1,500
.
Relocation allowances
Section 238(b) of the Trade Act of 1974 (19 U.S.C. 2298(b)) is amended—
in paragraph (1),
by striking 90 percent of the
and inserting all
;
and
in paragraph (2),
by striking $1,250
and inserting $1,500
.
Certification of submissions; transparency
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended by section 113, is further amended by adding at the end the following:
Submissions
Certification
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.
Subpoenas
It is the sense of Congress that the Secretary should require an employer to provide evidence or information requested by the Secretary under paragraph (1) by subpoena pursuant to section 249 if, within 20 days of such request, the employer does not—
provide such evidence or information; or
demonstrate to the satisfaction of the Secretary that the employer will provide such evidence or information within a reasonable time.
Standards for investigations and determinations
Plan
Not later than 90 days after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, the Secretary shall submit to Congress a plan for establishing standards, including data requirements, for investigations of petitions filed under section 221 and criteria for making determinations under subsection (a).
Rulemaking
In general
The Secretary shall prescribe regulations, pursuant to section 553 of title 5, United States Code, to carry out the plan required by paragraph (1).
Timing of rulemaking
The Secretary shall issue the notice of proposed rulemaking with respect to the regulations required by subparagraph (A) not earlier than the date that is 90 days after the date on which the Secretary submits the plan under paragraph (1).
.
Establishment of the Office of the Ombudsman for the Trade Adjustment Assistance program
In general
Subchapter A of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by inserting after section 221 the following:
Establishment of the Office of the Trade Adjustment Assistance Ombudsman
Establishment
There
is established in the Department of Labor an office to be known as the
Office of the Trade Adjustment Assistance Ombudsman
(in this
section referred to as the Office
).
Head
The head of the Office shall be the Ombudsman. The individual serving as Ombudsman shall be either of the following:
An officer or employee of the Department of Labor designated by the Secretary from among officers and employees of the Department who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c).
An individual employed by the Secretary from the private sector from among individuals in the private sector who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c).
Duties
The duties of the Office shall be as follows:
To provide information on—
the benefits available under this chapter;
the requirements and procedures applicable to the provision of such benefits; and
the tax credit for health insurance costs under section 35 of the Internal Revenue Code of 1986.
To provide technical assistance to individuals, groups of workers, and other parties seeking to file petitions with the Secretary for benefits under section 221.
To provide assistance to employers to provide information required by the Secretary related to a pending petition.
To receive complaints, grievances, and requests for assistance from workers seeking benefits under this chapter with respect to the administration of such benefits.
To carry out such other duties with respect to this chapter as the Secretary shall specify for purposes of this section.
Independent office
The Secretary shall take appropriate actions to ensure the independence of the Office within the Department of Labor, including independence from other officers and employees of the Department engaged in activities relating to the administration of the provisions of this chapter.
Annual report
In general
Not later than February 15 each year, the Ombudsman shall submit to Congress a report on the activities of the Office under this section.
Contents
Each report under paragraph (1) shall set forth the following:
The number and types of complaints, grievances, and requests for assistance received by the Ombudsman under this chapter during the preceding year.
An assessment of the most common difficulties encountered by workers seeking benefits under this chapter during the preceding year.
Initial report
The first report under paragraph (1) shall be the report submitted in 2008.
Outreach
The Secretary of Labor (and the Secretary of the Treasury, with respect to the tax credit for health insurance costs under section 35 of the Internal Revenue Code of 1986) shall undertake outreach to advise the public of the existence and duties of the Office.
.
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 the Office of the Trade Adjustment Assistance Ombudsman.
.
Data collection; information to workers
Data collection
Subchapter C of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2311 et seq.) is amended by adding at the end the following:
Data collection; report
Data collection
The Secretary shall, pursuant to regulations prescribed by the Secretary, collect any data necessary to meet the requirements of this chapter. The Secretary shall collect and publish, on an annual basis, the following:
The number of workers certified and the number of workers actually participating in the trade adjustment assistance program.
The time for processing petitions filed under section 221.
The number of training waivers granted under section 231(c), classified by the type of waiver granted.
The number of workers receiving benefits and the type of benefits being received.
The number of workers enrolled in, and the duration of, training approved under section 236 by major types of training.
Earnings history of workers that reflects wages before separation and wages in any job obtained after receiving benefits under this chapter.
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.
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 collection of data required under subsection (a) and 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 program 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)).
Report
In general
Not later than 1 year after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, 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 a report that includes the information collected under this section.
Availability
The Secretary shall make a report required by paragraph (1) available to each State and to the public.
.
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:
Sec. 250. Data collection; report.
.
Effective date
The amendments made by this section shall take effect on the date that is 60 days after the date of the enactment of this Act.
Pilot program for distribution of information to workers
In general
Not later than September 30, 2008, the Secretary of Labor shall fully implement a pilot program to provide information on the availability of trade adjustment assistance under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) to workers who inquire about or receive unemployment insurance benefits. The pilot program shall use telephone, Internet, and in-person communication to distribute such information to workers.
Study and report by Comptroller General
Not later than March 31, 2011, the Comptroller General of the United States shall—
conduct a study of the implementation and outcomes of the pilot program under subsection (a); and
submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the findings of the study conducted under paragraph (1).
Regulations
The Secretary of Labor shall prescribe such regulations as may be necessary to implement the pilot program under subsection (a), pursuant to section 553 of title 5, United States Code.
Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
Technical and conforming amendments
Technical amendments
In general
Section 249 of the
Trade Act of 1974 (19 U.S.C. 2321) is
amended by striking subpena
and inserting
subpoena
each place it appears in the heading and the
text.
Table of contents
The table of
contents for the Trade Act of 1974 is amended by striking
Subpena
in the item relating to section 249 and inserting
Subpoena
.
Conforming amendment
Section 265(a) of
the Trade Act of 1974 (19 U.S.C. 2355(a)) is amended by striking new
product development
and inserting the development of new
products and services
.
Extension of authorization of trade adjustment assistance for workers
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
.
Termination
Section
285(a) of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking
2007
each place it appears and inserting
2012
.
Trade adjustment assistance for rural and distressed communities
Purpose
The purpose of this title is to assist communities negatively impacted by trade with economic adjustment through the integration of political and economic organizations, the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the provision of economic transition assistance.
Trade Adjustment Assistance for communities
Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is amended to read as follows:
TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
Definitions
In this chapter:
Agricultural commodity producer
The term agricultural commodity producer has the same meaning as the term person as prescribed by regulations promulgated under section 1001(e) of the Food Security Act of 1985 (7 U.S.C. 1308(e)).
Community
The term community means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State that the Secretary certifies as being negatively impacted by trade.
Community negatively impacted by trade
A community negatively impacted by trade means a community with respect to which a positive determination has been made under section 273.
Eligible community
The term eligible community means a community certified under section 273 for assistance under this chapter.
Fisherman
In general
The term fisherman means any person who—
is engaged in commercial fishing; or
is a United States fish processor.
Commercial fishing, fish, fishery, fishing, fishing vessel, person, and united states fish processor
The terms commercial fishing, fish, fishery, fishing, fishing vessel, person, and United States fish processor have the same meanings as such terms have in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).
Secretary
The term Secretary means the Secretary of Commerce.
Community Trade Adjustment Assistance Program
Establishment
Within 6 months after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, the Secretary shall establish a trade adjustment assistance for communities program at the Department of Commerce.
Personnel
The Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this chapter.
Coordination of Federal Response
The Secretary shall—
provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible communities;
coordinate the Federal response to an eligible community—
by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress;
by ensuring that all Federal agencies offering assistance to an eligible community do so in a targeted, integrated manner that ensures that an eligible community has access to all available Federal assistance;
by assuring timely consultation and cooperation between Federal, State, and regional officials concerning economic adjustment for an eligible community; and
by identifying and strengthening existing agency mechanisms designed to assist eligible communities in their efforts to achieve economic adjustment and workforce reemployment;
provide comprehensive technical assistance to any eligible community in the efforts of that community to—
identify serious economic problems in the community that are the result of negative impacts from trade;
integrate the major groups and organizations significantly affected by the economic adjustment;
access Federal, State, and local resources designed to assist in economic development and trade adjustment assistance;
diversify and strengthen the community economy; and
develop a community-based strategic plan to address economic development and workforce dislocation, including unemployment among agricultural commodity producers and fishermen;
establish specific criteria for submission and evaluation of a strategic plan submitted under section 274(d);
establish specific criteria for submitting and evaluating applications for grants under section 275;
administer the grant programs established under sections 274 and 275; and
establish an interagency Trade Adjustment Assistance for Communities Working Group, chaired by the Secretary or a designee of the Secretary, consisting of the representatives of any Federal department or agency with responsibility for economic adjustment assistance, including the Department of Agriculture, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the Department of Commerce, and any other Federal, State, or regional department or agency the Secretary determines necessary or appropriate.
Certification and notification
Certification
Not later than 180 days after an event described in subsection (c)(1), a community described in subsection (b)(1) may submit a petition to the Secretary for a determination under subsection (b)(2) that the community is negatively impacted by trade, as described in subsection (b)(2). If the Secretary makes a positive determination, the Secretary shall certify the community as eligible for assistance under this chapter.
Determination that community is eligible
Community described
A community described in this paragraph means a community with respect to which, on or after October 1, 2008—
the Secretary of Labor certifies a group of workers (or their authorized representative) in the community as eligible to apply for assistance pursuant to section 223;
the Secretary of Commerce certifies a firm located in the community as eligible to apply for adjustment assistance under section 251; or
the Secretary of Agriculture certifies a group of agricultural commodity producers (or their authorized representative) in the community as eligible to apply for adjustment assistance under section 293.
Negatively impacted by trade
The Secretary shall determine that a community is negatively impacted by trade, after taking into consideration—
the number of jobs affected compared to the size of the workforce in the community;
the severity of the rate of unemployment in the community and the duration of the unemployment in the community;
the income levels and the extent of underemployment in the community;
the out-migration of population from the community and the extent to which the out-migration is causing economic injury in the community; and
the unique problems and needs of the community.
Definition and Special Rules
Event described
An event described in this paragraph means one of the following:
A notification described in paragraph (2).
A certification of a firm under section 251.
A determination by the Secretary that a significant number of fishermen in a community have been negatively impacted by trade.
Notification
The Governor of a State shall be notified immediately—
by the Secretary of Labor, upon making a determination that a group of workers in the State is eligible for trade adjustment assistance under section 223;
by the Secretary of Commerce, upon making a determination that a firm in the State is eligible for adjustment assistance under section 251; and
by the Secretary of Agriculture, upon making a determination that a group of agricultural commodity producers in the State is eligible for adjustment assistance under section 293.
Look back
In general
Not later than 210 days after the date described in clause (ii), a community described in subsection (b)(1) may petition the Secretary for a determination that the community is negatively impacted by trade, as described in subsection (b)(2), in any case in which an event described in paragraph (1) occurs—
on or after January 1, 2007; and
before the date on which the Secretary completes the implementation of the program established pursuant to section 272(a).
Notifications
Notifications to the Secretary of Commerce
If, during the period described in subparagraph (A), the Secretary of Labor makes a determination that a group of workers is eligible for trade adjustment assistance under section 223 (or the Secretary of Agriculture makes a determination that a group of agricultural commodity producers is eligible for adjustment assistance under section 293, as the case may be) the Secretary of Labor (or the Secretary of Agriculture, as the case may be) shall notify the Secretary of the determination not later than 30 days after the date described in subparagraph (A)(ii).
Notifications to States
The Secretary shall notify the Governor of a State of—
a determination—
described in clause (i) made during the period described in subparagraph (A) in the State immediately upon receiving the notification required by clause (i); or
made by the Secretary during the period described in subparagraph (A) that a firm in the State is eligible for adjustment assistance under section 251; and
the ability of a community affected by such a determination to petition under subparagraph (A) for a determination that the community is negatively impacted by trade.
Notification to Eligible Communities
Immediately upon certification by the Secretary that a community is eligible for assistance under subsection (b), the Secretary shall notify the community—
of the determination under subsection (b);
of the provisions of this chapter;
how to access the clearinghouse established by the Department of Commerce regarding available economic assistance;
how to obtain technical assistance provided under section 272(c)(3); and
how to obtain grants, tax credits, low income loans, and other appropriate economic assistance.
Strategic plans
In general
An eligible community may develop a strategic plan for community economic adjustment and diversification.
Requirements for strategic plan
A strategic plan shall contain, at a minimum, the following:
A description and justification of the capacity for economic adjustment, including the method of financing to be used.
A description of the commitment of the community to the strategic plan over the long term and the participation and input of groups affected by economic dislocation.
A description of the projects to be undertaken by the eligible community.
A description of how the plan and the projects to be undertaken by the eligible community will lead to job creation and job retention in the community.
A description of how the plan will achieve economic adjustment and diversification.
A description of how the plan and the projects will contribute to establishing or maintaining a level of public services necessary to attract and retain economic investment.
A description and justification for the cost and timing of proposed basic and advanced infrastructure improvements in the eligible community.
A description of how the plan will address the occupational and workforce conditions in the eligible community.
A description of the educational programs available for workforce training and future employment needs.
A description of how the plan will adapt to changing markets and business cycles.
A description and justification for the cost and timing of the total funds required by the community for economic assistance.
A graduation strategy through which the eligible community demonstrates that the community will terminate the need for Federal assistance.
Grants to develop strategic plans
The Secretary, upon receipt of an application from an eligible community, may award a grant to that community to be used to develop the strategic plan under subsection (a).
Submission of plan
A strategic plan developed under subsection (a) shall be submitted to the Secretary for evaluation and approval.
Grants for economic development
In general
The Secretary, upon approval of a strategic plan from an eligible community, may award a grant to that community to carry out any project or program that is certified by the Secretary to be included in the strategic plan approved under section 274(d), or consistent with that plan.
Additional grants
In general
Subject to paragraph (2), in order to assist eligible communities to obtain funds under Federal grant programs, other than the grants provided for in section 274(c) or subsection (a) of this section, the Secretary may, upon the application of an eligible community, make a supplemental grant to the community if—
the purpose of the grant program from which the grant is made is to provide technical or other assistance for planning, constructing, or equipping public works facilities or to provide assistance for public service projects; and
the grant is one for which the community is eligible except for the community’s inability to meet the non-Federal share requirements of the grant program.
Use as non-Federal share
A supplemental grant made under this subsection may be used to provide the non-Federal share of a project, unless the total Federal contribution to the project for which the grant is being made exceeds 80 percent and that excess is not permitted by law.
Rural community preference
The Secretary shall develop guidelines to ensure that rural communities receive preference in the allocation of resources.
General provisions
Regulations
The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this chapter. The Secretary may not implement any regulation or guideline proposed by the Secretary with respect to this chapter, until the date that is 60 days after the date the Secretary submits the regulation or guideline to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.
Supplement Not Supplant
Funds appropriated under this chapter shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities.
Authorization of Appropriations
There are authorized to be appropriated to the Secretary $300,000,000 for each of fiscal years 2009 through 2013 to carry out this chapter. Amounts appropriated pursuant to this subsection shall remain available until expended.
.
Conforming amendments
Termination
Section 285(b) of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by adding at the end the following:
Assistance for communities
Technical assistance and other payments may not be provided under chapter 4 after September 30, 2013.
.
Table of Contents
The table of contents for the Trade Act of 1974 is amended by striking the items relating to chapter 4 of title II and inserting the following:
Chapter 4—Trade Adjustment Assistance for Communities
Sec. 271. Definitions.
Sec. 272. Community Trade Adjustment Assistance Program.
Sec. 273. Certification and notification.
Sec. 274. Strategic plans.
Sec. 275. Grants for economic development.
Sec. 276. General provisions.
.
Judicial Review
Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended—
by inserting
or 296
after section 293
;
by striking
or any other interested domestic party
and inserting or
authorized representative of a community
; and
by striking
section 271
and inserting section 273
.
Section 1581(d) of title 28, United States Code, is amended—
in paragraph (2),
by striking ; and
and inserting a semicolon;
in paragraph (3)—
by striking
271
and inserting 273
; and
by striking the
period and inserting ; and
; and
by adding at the end the following:
any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 (19 U.S.C. 2401b) with respect to the eligibility of a group of agricultural commodity producers for adjustment assistance under such Act.
.
Effective date
The provisions of this title shall take effect on October 1, 2008.
Trade adjustment assistance for firms
Trade adjustment assistance for firms
In general
Section 251 of the Trade Act of 1974 (19 U.S.C. 2341) is amended—
in subsection (a), by inserting or
service sector firm
after (including any agricultural
firm
;
in subsection (c)—
in paragraph (1)—
in the matter preceding subparagraph (A),
by inserting or service sector firm
after any
agricultural firm
;
in subparagraph (B)—
in clause (i), by striking ,
or
and inserting a comma;
in clause (ii)—
by inserting
or service
after of an article
; and
by striking
, and
and inserting , or
; and
by adding at the end the following:
sales or production, or both, of an article or service that accounted for not less than 25 percent of the total production or sales of the firm during the 60-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and
; and
in subparagraph (C), by striking
increases of imports of articles like or directly competitive with
articles which are produced
and inserting imports of articles or
services like or directly competitive with articles or services which are
produced or provided
; and
in paragraph (2),
in the matter preceding subparagraph (A), by striking paragraph
(1)(C)—
and inserting paragraph (1)(C):
; and
by adding at the end the following:
Basis for the determination of the Secretary
Increased imports
For purposes of subsection (c)(1)(C), the Secretary may determine that increases of imports of like or directly competitive articles or services exist if customers accounting for not less than 20 percent of the sales of the workers’ firm certify to the Secretary that such customers are obtaining such articles or services from a foreign country.
Authority of the Secretary
The Secretary may obtain the certifications under paragraph (1) through questionnaires or in such other manner as the Secretary determines is appropriate. The Secretary may exercise the authority under section 249 in carrying out this subsection.
.
Definition
Section 261 of the Trade Act of 1974 (19 U.S.C. 2351) is amended—
by striking For purposes of
and inserting (a) Firm.—For purposes of
; and
by adding at the end the following:
Service sector firm
For purposes of this chapter, the term service sector firm means a firm engaged in the business of providing services.
.
Extension of authorization of trade adjustment assistance for firms
In general
Section 256(b) of the Trade Act of 1974 (19 U.S.C.
2346(b)) is amended by inserting and $50,000,000 for each of fiscal
years 2008 through 2012,
after fiscal years 2003 through
2007,
.
Termination
Section
285(b)(1) of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking
2007
and inserting 2012
.
Trade adjustment assistance for farmers and fishermen
Clarification of marketing year
Section 291(5) of the Trade Act of 1974 (19 U.S.C. 2401(5)) is amended to read as follows:
National average price
The term national average price means—
the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary; or
in the case of an agricultural commodity that has no officially designated marketing year, the national average price paid to an agricultural commodity producer for that commodity in the 12-month period requested by the petitioner.
.
Application to fisherman
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 and aquaculture producers shall be eligible for adjustment assistance without regard to whether such fishermen seek such assistance based on an increase in imports of wild stock or an increase of imports of farm-raised stock.
Eligibility
In general
Section 292(c)(1) of the Trade Act of 1974 (19 U.S.C. 2401a(c)(1)) is amended to read as follows:
that either—
the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 90 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; or
the national average price for the agricultural commodity for the most recent 2 marketing years for which the national average price is available is less than 90 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 3 marketing years preceding the 2 most recent marketing years; and
.
Special rule for qualified subsequent years
Paragraph (2) of section 292(d) of the Trade Act of 1974 (19 U.S.C. 2401a(d)(2)) is amended to read as follows:
imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group, contributed importantly to the decline in price determined under subsection (c)(1) without regard to whether imports of such articles increased in the year after the year the group was first certified.
.
Eligibility of certain other producers
Section 292 of the Trade Act of 1974 (19 U.S.C. 2401a) is amended by adding at the end the following:
Eligibility of certain other producers
An agricultural commodity producer or group of producers that resides outside of the State or region identified in a petition filed under subsection (a) may file a request to become a party to that petition not later than 15 days after the date notice is published in the Federal Register with respect to that petition.
.
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 striking
The producer's
and inserting (i) The
producer's
;
by striking the
period and inserting ; or
; and
by adding at the end the following:
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.
.
Benefits
Amount of cash benefits
Section 296(b)(1) of the Trade Act of 1974 (19 U.S.C. 2401e(b)(1)) is amended—
in subparagraph
(A), by striking one-half
and inserting 85
percent
; and
in clause (i) of
subparagraph (A), by striking 80 percent
and inserting 90
percent
.
Intensive technical assistance
Section 295 of the Trade Act of 1974 (19 U.S.C. 2401d) is amended by adding at the end the following:
Intensive technical training
In general
An adversely affected agricultural producer that fulfills the requirements set forth in subparagraphs (A), (B), and (D) of section 296(a)(1) may opt to receive intensive technical assistance from the Secretary for a period not to exceed 2 years from the date of certification of a petition described in section 292(a).
Designation of Agricultural Extension Service Center
The Secretary shall designate a Cooperative State Research, Education, and Extension Service to develop and coordinate an intensive technical assistance curriculum for adversely affected agricultural commodity producers.
Authorization of appropriations
There are authorized to be appropriated $5,000,000 in each of the fiscal years 2008 through 2012 to the Secretary for the purpose of delivering the intensive technical assistance described in paragraph (1).
.
Clerical amendment
Section 295(a) of the Trade Act of 1974 (19 U.S.C.
2401d(a)) is amended by striking groups
and inserting
agricultural commodity producers (or groups of such
producers)
.
Audits and reports
Section 293 of the Trade Act of 1974 (19 U.S.C. 2401b) is amended by adding at the end the following:
Audit and report by the Comptroller General
In general
Not later than January 31, 2012, the Comptroller General of the United States shall conduct an evaluation of the program under this chapter and shall report the results of the evaluation to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.
Contents of evaluation and report
The evaluation and report shall include—
an assessment of the extent to which the Department of Agriculture is fulfilling its obligations under this chapter;
an assessment of the outreach to potentially eligible agricultural commodity producers and groups of such producers;
an assessment of the effectiveness and outcomes of the benefits received; and
recommendations for improving the program.
Report by Secretary
Not later than November 15, 2008, and annually thereafter, the Secretary of Agriculture shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on, for the 12-month period ending October 31 of the current calendar year—
the agricultural commodities covered by a certification under this chapter and the States or regions in which such commodities are produced;
the total number of such commodities, by State;
the total number of agricultural commodity producers, by congressional district, receiving cash benefits under section 296(b); and
the total number of agicultural commodity producers, by congressional district, receiving intensive technical training under section 296(c).
.
Extension of authorization of trade adjustment assistance for farmers
In general
Section 298(a) of the
Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended by striking
2007
and inserting 2012
.
Termination
Section
285(b)(2) of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking
2007
each place it appears and inserting
2012
.