1.This Act may be cited as the &short-title1;
.
2.Extension of trade adjustment assistance to services sector
(a)Adjustment assistance for workersSection 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)
.
(b)Group eligibility RequirementsSection 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended—
(1)in subsection (a)—
(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)
;
(B)in paragraph (1), by inserting or public agency
after of the firm
; and
(C)in paragraph (2)—
(i)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
;
(ii)by striking subparagraph (B) and inserting the following:
(B)
(i)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
(ii)such workers’ firm, subdivision, or public agency has obtained or is likely to obtain services described in clause (i) from a foreign country.;
(2)in subsection (b)—
(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)
;
(B)in paragraph (2), by inserting or service
after related to the article
; and
(C)in paragraph (3)(A), by inserting or services
after component parts
;
(3)in subsection (c)—
(A)in paragraph (3)—
(i)by inserting or services
after value-added production processes
;
(ii)by striking or finishing
and inserting , finishing, or testing
;
(iii)by inserting or services
after for articles
;
(iv)by inserting (or subdivision)
after such other firm
; and
(v)by striking , if the certification
and all that follows through Mexico
; and
(B)in paragraph (4)—
(i)by striking for articles
and inserting , or services, for articles or services
; and
(ii)by inserting (or subdivision)
after such other firm
; and
(4)by adding at the end the following new subsection:
(d)Basis for Secretary’s determinations
(1)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 they are obtaining such articles or services from a foreign country.
(2)Obtaining services abroadFor 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.
(3)Authority of the SecretaryThe Secretary may obtain the certifications under paragraphs (1) and (2) through questionnaires or such other manner as the Secretary determines is appropriate..
(c)Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking $220,000,000
and inserting $440,000,000
.
(d)Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended—
(1)in paragraph (1)—
(A)by inserting or public agency
after of a firm
; and
(B)by inserting or public agency
after or subdivision
;
(2)in paragraph (2)(B), by inserting or public agency
after the firm
;
(3)by redesignating paragraphs (8) through (17) as paragraphs (9) through (18), respectively;
(4)by inserting after paragraph (6) the following:
(7)The term public agency
means a department or agency of a State or local government or of the Federal Government.
(8)The term service sector firm
means an entity engaged in the business of providing services..
(e)Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking , other than subchapter D
.
3.
(a)Section 231(c)(1) of the Trade Act of 1974 (19 U.S.C. 2291(c)(1)) is amended by adding at the end the following:
(G)Advanced degree or certificationThe worker possesses a postgraduate degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) or equivalent foreign institution), or has received an equivalent postgraduate certification in a specialized field, and there is a reasonable expectation of employment at equivalent wages in the foreseeable future..
(b)Section 236(a)(5) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is amended—
(1)by striking and
at the end of subparagraph (E)(ii);
(2)by striking the period at the end of subparagraph (F) and inserting , and
; and
(3)by adding at the end the following:
(G)continuation of enrollment at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) for the purpose of obtaining a degree, for a period of no longer than 104 weeks, if prior to total or partial separation from adversely affected employment, the worker was enrolled in such program, and there is a reasonable expectation of employment at equivalent wages upon completion of the program. .
4.Trade adjustment assistance for firms and industries
(a)
(1)Section 251 of the Trade Act of 1974 (19 U.S.C. 2341) is amended—
(A)in subsection (a), by inserting or service sector firm
after (including any agricultural firm
;
(B)in subsection (c)(1)—
(i)in the matter preceding subparagraph (A), by inserting or service sector firm
after any agricultural firm
;
(ii)in subparagraph (B)(ii), by inserting or service
after of an article
; and
(iii)in subparagraph (C), by striking articles like or directly competitive with articles which are produced
and inserting articles or services like or directly competitive with articles or services which are produced or provided
; and
(C)by adding at the end the following:
(e)Basis for Secretary determination
(1)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 they are obtaining such articles or services from a foreign country.
(2)Authority of the SecretaryThe Secretary may obtain the certifications under paragraph (1) through questionnaires or such other manner as the Secretary determines is appropriate. The subpoena power described in section 249 shall be extended to the Secretary for purposes of carrying out this subsection..
(2)Authorization of appropriationsSection 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended—
(A)by striking $16,000,000
and inserting $32,000,000
; and
(B)by adding at the end the following: If the amount appropriated pursuant to this subsection in any fiscal year is less than the amount authorized to be appropriated by this subsection, the Secretary shall consult with the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives, the Committee on Finance and the Committee on Appropriations of the Senate, and any other committee of appropriate jurisdiction in Congress on allocating the amount so appropriated.
.
(3)Section 261 of the Trade Act of 1974 (19 U.S.C. 2351) is amended—
(A)by striking For purposes of
and inserting (a) Firm.—For purposes of
; and
(B)by adding at the end the following:
(b)For purposes of this chapter, the term service sector firm
means a firm engaged in the business of providing services..
(b)Section 265(a) of the Trade Act of 1974 (19 U.S.C. 2355(a)) is amended by inserting or service
after new product
.
(c)
(1)Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended—
(A)by amending the section heading to read as follows:
; and
(B)by striking subpena
each place it appears and inserting subpoena
.
(2)The item relating to section 249 in the table of contents of the Trade Act of 1974 is amended to read as follows:
249. Subpoena authority.
5.Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended—
(1)in this first sentence—
(A)by striking The Secretary
and inserting (a) Monitoring Programs.—The Secretary
;
(B)by inserting and services
after imports of articles
;
(C)by inserting and domestic provision of services
after domestic production
;
(D)by inserting or providing services
after producing articles
; and
(E)by inserting , or provision of services,
after changes in production
; and
(2)by adding at the end the following:
(b)Collection of data and reports
(1)
(A)Not later than 3 months after the date of the enactment of the Trade Adjustment Assistance Equity Service Workers Act of 2004, the Secretary of Labor shall implement a system to collect data on all adversely affected workers who receive adjustment assistance under this chapter, including the number of workers by State, industry, the cause of dislocation of each worker, the adjustment assistance received by each worker, and outcomes relating to employment, retention, and earnings.
(B)Not later than 16 months after such date of enactment, the Secretary of Labor shall report to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and any other committee of appropriate jurisdiction, on whether changes to eligibility requirements, benefits, or training funding should be made based on the data collected under subparagraph (A).
(2)Not later than 6 months after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and report to the 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..
6.Modifications relating to credit for health insurance costs of certain TAA and PBGC pension recipients
(a)Presumptive status as a TAA recipient
(1)Subsection (c) of section 35 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
(5)Presumptive status as a taa recipient
(A)The term eligible individual
shall include any individual who is covered by a petition filed with the Secretary of Labor under section 221 of the Trade Act of 1974. This paragraph shall apply to any individual only with respect to months which—
(i)end after the date that such petition is so filed, and
(ii)begin before the Secretary of Labor makes a final determination with respect to such petition.
(B)If the Secretary, after consultation with the Secretary of Labor, determines that, at the time of the filing of such petition, there was not reasonable cause to believe that the petition would result in a certification by the Secretary of Labor, with respect to individuals covered by such petition—
(i)subparagraph (A) shall not apply to such individuals, and
(ii)in the case of any such individual on whose behalf a payment is made under section 7527 with respect to a month described in paragraph (1), the tax imposed under this subtitle for the taxable year of such individual which includes the date of such determination shall be increased by the amount of such payments..
(2)Paragraph (1) of section 7527(d) of such Code is amended by striking or an eligible alternative TAA recipient (as defined in section 35(c)(3))
and inserting , an eligible alternative TAA recipient (as defined in section 35(c)(3)), or an individual who is an eligible individual by reason of section 35(c)(5)
.
(b)100 percent credit for first month of health insurance costsSubsection (a) of section 35 of such Code is amended by inserting (100 percent in the case of the taxpayer’s first eligible coverage month)
after 65 percent
.
(c)Additional requirements for individual health insurance costs
(1)Subparagraph (A) of section 35(e)(2) of such Code is amended by striking subparagraphs (B) through (H) of paragraph (1)
and inserting paragraph (1) (other than subparagraphs (A) and (I) thereof)
.
(2)Rating system requirementSubparagraph (J) of section 35(e)(1) of such Code is amended by adding at the end the following: Such term does not include any insurance unless the premiums for such insurance are restricted based on a community rating system or rate-band system.
.
(d)Period of creditable coverage measured from date of separation from employment
(1)Clause (i) of section 35(e)(2)(B) of such Code is amended by striking the date on which the individual seeks to enroll in the coverage described in subparagraphs (B) through (H) of paragraph (1)
and inserting the end of the 30-day period described in paragraph (1)(J)
.
(2)Special rule for eligible pbgc pension recipients
(A)Subsection (e) of section 35 of such Code is amended by adding at the end the following new paragraph:
(4)Special rule for eligible pbgc pension recipientsIn the case of an eligible PBGC pension recipient (and any qualifying family member of such recipient), the term qualified health insurance
shall not include any coverage described in paragraph (1) (other than subparagraphs (A) and (I) thereof) unless such recipient enrolls in such coverage during the 90-day period beginning on the later of—
(A)the last day of the first month with respect to which such recipient becomes an eligible PBGC pension recipient, or
(B)the date of the enactment of the Trade Adjustment Assistance Equity for Service Workers Act of 2004..
(B)The Secretary of the Treasury shall carry out a program to notify individuals prior to their becoming eligible PBGC pension recipients (as defined in section 35 of the Internal Revenue Code of 1986) of the requirement of subsection (e)(4) of such section.
(e)Continued qualification of family members after eligible individual becomes medicare eligibleSubsection (g) of section 35 is amended by redesignating paragraph (9) as paragraph (10) and inserting after paragraph (8) the following new paragraph:
(9)Continued qualification of family members after eligible individual becomes medicare eligibleIn 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 any qualifying family member of such eligible individual (but not with respect to such eligible individual)..
(f)Offering of Federal fallback coverage in States not offering State qualified health insurance
(1)Provision of fallback coverage
(A)The Director of the Office of Personnel Management jointly with the Secretary of the Treasury shall establish a program under which individuals described in subparagraph (B) are offered enrollment under health benefit plans that are made available under FEHBP.
(B)For purposes of subparagraph (A), individuals described in this subparagraph are eligible individuals (as defined in subsection (c)(1) of section 35 of the Internal Revenue Code of 1986) who reside in a State in which any qualified health insurance described in subparagraphs (B) through (I) of subsection (e)(1) of such section is not offered.
(2)The terms and conditions of health benefits plans under paragraph (1) shall be the same as the terms and coverage offered under FEHBP, except that the premium charged for such health benefit plans offered under such paragraph shall be equal to the full premium (including both employer and beneficiary share) charged for such coverage for full-time employees under FEHBP.
(3)The Director of the Office of Personnel Management jointly with the Secretary of the Treasury shall conduct a study of the impact of the offering of health benefit plans under this subsection on the terms and conditions, including premiums, for health benefit plans offered under FEHBP and shall submit to Congress, not later than 2 years after the date of the enactment of this Act, a report on such study. Such report may contain such recommendations regarding the establishment of separate risk pools for individuals covered under FEHBP and eligible individuals covered this subsection as may be appropriate to protect the interests of individuals covered under FEHBP.
(4)For purposes of this subsection, the term FEHBP
means the Federal Employees Health Benefits Program offered under chapter 89 of title 5, United States Code.
(5)Paragraph (1) of section 35(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following:
(K)Coverage under a health benefits plan offered under section 6(e) of the Trade Adjustment Assistance Equity for Service Workers Act of 2004..
(g)Not later than 18 months after the date of the enactment of this Act, the Secretary of the Treasury shall transmit to the Congress a report which includes the recommendations of the Secretary regarding increasing the number eligible individuals who are covered by qualified health insurance, including increasing such number by increasing the credit subsidy under section 35 of the Internal Revenue Code of 1986 to make the premiums for such insurance more affordable. Terms used in this subsection which are defined in such section shall have the meaning given such terms by such section.
(h)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.