[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2308 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2308
To amend the Trade Act of 1974 to provide trade adjustment assistance
for communities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2003
Mr. Levin (for himself, Mr. McDermott, Mr. Lewis of Georgia, Mr.
McNulty, Mr. Becerra, Mr. Frank of Massachusetts, Mr. Price of North
Carolina, Mr. Hinojosa, Mr. Hastings of Florida, Mr. Ackerman, and Mr.
Honda) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Trade Act of 1974 to provide trade adjustment assistance
for communities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance for
Communities Act of 2003''.
SEC. 2. PURPOSE.
The purpose of this Act 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.
SEC. 3. 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:
``CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
``SEC. 271. DEFINITIONS.
``In this chapter:
``(1) Affected domestic producer.--The term `affected
domestic producer' means any manufacturer, producer, farmer,
rancher, fisherman or worker representative (including
associations of such persons) that was affected by a finding
under the Antidumping Act of 1921, or by an antidumping or
countervailing duty order issued under title VII of the Tariff
Act of 1930.
``(2) Agricultural commodity producer.--The term
`agricultural commodity producer' has the same meaning as the
term `person' as prescribed by regulations promulgated under
section 1001(5) of the Food Security Act of 1985 (7 U.S.C.
1308(5)).
``(3) 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.
``(4) Community negatively impacted by trade.--A community
negatively impacted by trade means a community with respect to
which a determination has been made under section 273.
``(5) Eligible community.--The term `eligible community'
means a community certified under section 273 for assistance
under this chapter.
``(6) Fisherman.--
``(A) In general.--The term `fisherman' means any
person who--
``(i) is engaged in commercial fishing; or
``(ii) is a United States fish processor.
``(B) 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 the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).
``(7) Job loss.--The term `job loss' means the total or
partial separation of an individual, as those terms are defined
in section 247.
``(8) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``SEC. 272. COMMUNITY TRADE ADJUSTMENT ASSISTANCE PROGRAM.
``(a) Establishment.--Within 6 months after the date of enactment
of the Trade Adjustment Assistance for Communities Act of 2003, the
Secretary shall establish a Trade Adjustment Assistance for Communities
Program at the Department of Commerce.
``(b) Personnel.--The Secretary shall designate such staff as may
be necessary to carry out the responsibilities described in this
chapter.
``(c) Coordination of Federal Response.--The Secretary shall--
``(1) provide leadership, support, and coordination for a
comprehensive management program to address economic
dislocation in eligible communities;
``(2) coordinate the Federal response to an eligible
community--
``(A) by identifying all Federal, State, and local
resources that are available to assist the eligible
community in recovering from economic distress;
``(B) 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;
``(C) by assuring timely consultation and
cooperation between Federal, State, and regional
officials concerning economic adjustment for an
eligible community; and
``(D) by identifying and strengthening existing
agency mechanisms designed to assist eligible
communities in their efforts to achieve economic
adjustment and workforce reemployment;
``(3) provide comprehensive technical assistance to any
eligible community in the efforts of that community to--
``(A) identify serious economic problems in the
community that are the result of negative impacts from
trade;
``(B) integrate the major groups and organizations
significantly affected by the economic adjustment;
``(C) access Federal, State, and local resources
designed to assist in economic development and trade
adjustment assistance;
``(D) diversify and strengthen the community
economy; and
``(E) develop a community-based strategic plan to
address economic development and workforce dislocation,
including unemployment among agricultural commodity
producers, and fishermen;
``(4) establish specific criteria for submission and
evaluation of a strategic plan submitted under section 274(d);
``(5) establish specific criteria for submitting and
evaluating applications for grants under section 275;
``(6) administer the grant programs established under
sections 274 and 275; and
``(7) establish an interagency Trade Adjustment Assistance
for Communities Working Group, 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.
``SEC. 273. CERTIFICATION AND NOTIFICATION.
``(a) Certification.--Not later than 45 days after an event
described in subsection (c)(1), the Secretary of Commerce shall
determine if a community described in subsection (b)(1) is negatively
impacted by trade, and if a positive determination is made, shall
certify the community for assistance under this chapter.
``(b) Determination That Community Is Eligible.--
``(1) Community described.--A community described in this
paragraph means a community with respect to which on or after
October 1, 2003--
``(A) the Secretary of Labor certifies a group of
workers (or their authorized representative) in the
community as eligible for assistance pursuant to
section 223;
``(B) the Secretary of Commerce certifies a firm
located in the community as eligible for adjustment
assistance under section 251;
``(C) the Secretary of Agriculture certifies a
group of agricultural commodity producers (or their
authorized representative) in the community as eligible
for adjustment assistance under section 293;
``(D) an affected domestic producer is located in
the community; or
``(E) the Secretary determines that a significant
number of fishermen in the community is negatively
impacted by trade.
``(2) Negatively impacted by trade.--The Secretary shall
determine that a community is negatively impacted by trade,
after taking into consideration--
``(A) the number of jobs affected compared to the
size of workforce in the community;
``(B) the severity of the rates of unemployment in
the community and the duration of the unemployment in
the community;
``(C) the income levels and the extent of
underemployment in the community;
``(D) the outmigration of population from the
community and the extent to which the outmigration is
causing economic injury in the community; and
``(E) the unique problems and needs of the
community.
``(c) Definition and Special Rules.--
``(1) Event described.--An event described in this
paragraph means one of the following:
``(A) A notification described in paragraph (2).
``(B) A certification of a firm under section 251.
``(C) A finding under the Antidumping Act of 1921,
or an antidumping or countervailing duty order issued
under title VII of the Tariff Act of 1930.
``(D) A determination by the Secretary that a
significant number of fishermen in a community have
been negatively impacted by trade.
``(2) Notification.--The Secretary of Labor, immediately
upon making a determination that a group of workers is eligible
for trade adjustment assistance under section 223, (or the
Secretary of Agriculture, immediately upon making a
determination that a group of agricultural commodity producers
is eligible for adjustment assistance under section 293, as the
case may be) shall notify the Secretary of Commerce of the
determination.
``(3) Look back.--In any case in which an event described
in paragraph (1) occurred on or after January 1, 1998, and
before the effective date of this chapter, the Secretary shall,
not later than 45 days after such effective date, determine
whether the community is negatively impacted by trade, and if a
positive determination is made, shall certify the community for
assistance under this chapter.
``(d) Notification to Eligible Communities.--Immediately upon
certification by the Secretary of Commerce that a community is eligible
for assistance under subsection (b), the Secretary shall notify the
community--
``(1) of the determination under subsection (b);
``(2) of the provisions of this chapter;
``(3) how to access the clearinghouse established by the
Department of Commerce regarding available economic assistance;
``(4) how to obtain technical assistance provided under
section 272(c)(3); and
``(5) how to obtain grants, tax credits, low income loans,
and other appropriate economic assistance.
``SEC. 274. STRATEGIC PLANS.
``(a) In General.--An eligible community may develop a strategic
plan for community economic adjustment and diversification.
``(b) Requirements for Strategic Plan.--A strategic plan shall
contain, at a minimum, the following:
``(1) A description and justification of the capacity for
economic adjustment, including the method of financing to be
used.
``(2) 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.
``(3) A description of the projects to be undertaken by the
eligible community.
``(4) 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.
``(5) A description of how the plan will achieve economic
adjustment and diversification.
``(6) 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.
``(7) A description and justification for the cost and
timing of proposed basic and advanced infrastructure
improvements in the eligible community.
``(8) A description of how the plan will address the
occupational and workforce conditions in the eligible
community.
``(9) A description of the educational programs available
for workforce training and future employment needs.
``(10) A description of how the plan will adapt to changing
markets and business cycles.
``(11) A description and justification for the cost and
timing of the total funds required by the community for
economic assistance.
``(12) A graduation strategy through which the eligible
community demonstrates that the community will terminate the
need for Federal assistance.
``(c) 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.
``(d) Submission of Plan.--A strategic plan developed under
subsection (a) shall be submitted to the Secretary for evaluation and
approval.
``SEC. 275. GRANTS FOR ECONOMIC DEVELOPMENT.
``(a) 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.
``(b) Additional Grants.--
``(1) 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), the Secretary may, on the application of an
eligible community, make a supplemental grant to the community
if--
``(A) 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
``(B) the grant is 1 for which the community is
eligible except for the community's inability to meet
the non-Federal share requirements of the grant
program.
``(2) 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.
``(c) Rural Community Preference.--The Secretary shall develop
guidelines to ensure that rural communities receive preference in the
allocation of resources.
``SEC. 276. GENERAL PROVISIONS.
``(a) Regulations.--The Secretary shall prescribe such regulations
as are necessary to carry out the provisions of this chapter. Before
implementing any regulation or guideline proposed by the Secretary with
respect to this chapter, the Secretary shall submit the regulation or
guideline to the Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives for approval.
``(b) 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.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $350,000,000 for each of fiscal years
2004 through 2007, to carry out this chapter. Amounts appropriated
pursuant to this subsection shall remain available until expended.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) 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 new
paragraph:
``(3) Assistance for communities.--Technical assistance and
other payments may not be provided under chapter 4 after
September 30, 2007.''.
(b) Table of Contents.--The table of contents for title II of the
Trade Act of 1974 is amended by striking the items relating to chapter
4 of title II and inserting after the items relating to chapter 3 the
following new items:
``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.''.
(c) Judicial Review.--Section 284(a) of the Trade Act of 1974 (19
U.S.C. 2395(a)) is amended by striking ``section 271'' and inserting
``section 273''.
SEC. 5. EFFECTIVE DATE.
The provisions of this Act shall take effect on October 1, 2003.
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