[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1299 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1299

   To amend the Trade Act of 1974 to provide trade readjustment and 
   development enhancement for America's communities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2003

  Ms. Snowe (for herself and Ms. Murkowski) 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 provide trade readjustment and 
   development enhancement for America's 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 Readjustment and Development 
Enhancement for America's 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 READJUSTMENT 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--COMMUNITY TRADE READJUSTMENT AND DEVELOPMENT ENHANCEMENT

``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) Eligible community.--The term `eligible community' 
        means a community certified under section 273 as eligible for 
        assistance under this chapter.
            ``(5) 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).
            ``(6) Job loss.--The term `job loss' means the total or 
        partial separation of an individual, as those terms are defined 
        in section 247.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Commerce.

``SEC. 272. COMMUNITY TRADE READJUSTMENT PROGRAM.

    ``(a) Establishment.--Not later than 6 months after the date of 
enactment of the Trade Readjustment and Development Enhancement for 
America's Communities Act of 2003, the Secretary shall promulgate 
regulations to carry out the provisions of that Act.
    ``(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 community economic adjustment; and
                    ``(D) by identifying and strengthening existing 
                agency mechanisms designed to assist communities in 
                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) administer the grant programs established under 
        sections 274 and 275; and
            ``(6) establish an interagency Community Trade Readjustment 
        and Development Enhancement 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.
    ``(d) Working Group.--The working group established under 
subsection (c)(6) shall examine other options for addressing trade 
impacts on communities.

``SEC. 273. CERTIFICATION AS AN ELIGIBLE COMMUNITY.

    ``(a) Application.--A community may apply for assistance under this 
chapter at such time, in such manner, and accompanied by such 
information as the Secretary, by regulation, may prescribe.
    ``(b) Certification.--
            ``(1) In general.--The Secretary shall determine if the 
        community that files an application under subsection (a) is 
        negatively impacted by trade and if a positive determination is 
        made, shall certify the community as eligible for assistance 
        under this chapter.
            ``(2) Determination.--A determination that a community is 
        negatively impacted by trade and eligible for assistance under 
        this chapter shall be made based on the job loss in the 
        community compared to the size of the workforce in that 
        community, if--
                    ``(A) the Secretary of Labor has certified a group 
                of workers (or their authorized representative) in the 
                community as eligible for assistance pursuant to 
                section 223;
                    ``(B) the Secretary of Commerce has certified a 
                firm located in the community as eligible for 
                assistance under section 251;
                    ``(C) the Secretary of Agriculture has certified a 
                group of agricultural producers (or their authorized 
                representative) in the community as eligible for 
                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 has been 
                negatively impacted by trade.

``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. TRADE GRANTS.

    ``(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, that takes into consideration the relative 
needs of the eligible community and gives priority to allocating 
resources based on--
            ``(1) the severity of the rates of unemployment in the 
        eligible community and the duration of the unemployment in that 
        community;
            ``(2) the income levels and the extent of underemployment 
        in the eligible community; and
            ``(3) the outmigration of population from the eligible 
        community and the extent to which the outmigration is causing 
        economic injury in the eligible community.
    ``(b) Rural Community Preference.--The Secretary shall develop 
guidelines to ensure that rural communities receive preference in the 
allocation of resources.
    ``(c) Supplemental Grants.--
            ``(1) Designated federal grant program.--In this 
        subsection, the term `designated Federal grant program' means 
        any Federal grant program that--
                    ``(A) provides technical or other assistance for 
                planning, constructing, or equipping public works, 
                public service, or development facilities; and
                    ``(B) is designated for allocation to an eligible 
                community by the Secretary to fund a project eligible 
                for assistance under this chapter.
            ``(2) Supplemental grants.--Subject to paragraph (3), in 
        order to assist eligible communities to obtain funds under 
        Federal grant programs, other than grants under section 274(c) 
        or subsection (a), the Secretary, on the application of an 
        eligible community, may make a supplemental grant from a 
        designated Federal grant program for a project for which the 
        eligible community is eligible, except for the community's 
        inability to meet the non-Federal share requirements of the 
        program.
            ``(3) Use as non-federal share.--A supplemental grant made 
        under this subsection may be used as the eligible community's 
        non-Federal share of a designated Federal grant program, 
        provided that, unless otherwise permitted by law or regulation, 
        the total Federal contribution to the project does not exceed 
        80 percent.

``SEC. 276. GENERAL PROVISIONS.

    ``(a) Regulations.--Before implementing any regulation or guideline 
proposed 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.
    ``(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.''.

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, 2012.''.
    (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--Community Trade Readjustment and Development Enhancement

        ``Sec. 271. Definitions.
        ``Sec. 272. Community Trade Readjustment Program.
        ``Sec. 273. Certification as an eligible community.
        ``Sec. 274. Strategic plans.
        ``Sec. 275. TRADE Grants.
        ``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. REPEAL OF OFFSET PROGRAM.

    (a) In General.--Section 754 of the Tariff Act of 1930 (19 U.S.C. 
1675c) is repealed.
    (b) Conforming Amendment.--The table of contents for title VII of 
the Tariff Act of 1930 is amended by striking the item relating to 
section 754.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2003. Any funds remaining in the special accounts 
established pursuant to section 754(e) of the Tariff Act of 1930 on the 
day before such effective date shall be transferred to the Community 
Trade Readjustment and Development Enhancement Trust Fund for use in 
accordance with section 299 of the Trade Act of 1974, as added by 
section 6 of this Act.

SEC. 6. ESTABLISHMENT OF COMMUNITY TRADE READJUSTMENT AND DEVELOPMENT 
              ENHANCEMENT TRUST FUND.

    (a) In General.--Title II of the Trade Act of 1974 (19 U.S.C. 2251 
et seq.) is amended by adding at the end the following new chapter:

 ``CHAPTER 7--COMMUNITY TRADE READJUSTMENT AND DEVELOPMENT ENHANCEMENT 
                               TRUST FUND

``SEC. 299. COMMUNITY TRADE READJUSTMENT AND DEVELOPMENT ENHANCEMENT 
              TRUST FUND.

    ``(a) Establishment.--There is hereby established within the 
Treasury of the United States a Trust Fund to be known as the Community 
Trade Readjustment and Development Enhancement Trust Fund (in this 
section referred to as the `Trust Fund'), consisting of such amounts as 
may be transferred or credited to the Trust Fund as provided in this 
section or otherwise appropriated to the Trust Fund.
    ``(b) Transfer.--
            ``(1) In general.--The Secretary of the Treasury shall 
        transfer to the Trust Fund any funds remaining in the special 
        accounts established pursuant to section 754(e) on the day 
        before the effective date of this section and shall transfer to 
        the Trust Fund out of the general fund of the Treasury of the 
        United States amounts determined by the Secretary of the 
        Treasury to be equivalent to the amounts received into such 
        general fund after such effective date that are attributable to 
        the duties imposed pursuant to a finding under the Antidumping 
        Act of 1921, or an antidumping or countervailing duty order 
        under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et 
        seq.).
            ``(2) Quarterly transfers from the treasury based on 
        estimates.--The amounts which are required to be transferred 
        under paragraph (1) shall be transferred at least quarterly 
        from the general fund of the Treasury of the United States to 
        the Trust Fund on the basis of estimates made by the Secretary 
        of the Treasury of the amounts referred to in paragraph (1) 
        that are received into the Treasury. Proper adjustments shall 
        be made in the amounts subsequently transferred to the extent 
        prior estimates were in excess of, or less than, the amounts 
        required to be transferred.
    ``(c) Trust Fund.--
            ``(1) Trustee and report.--The Secretary of the Treasury 
        shall be the trustee of the Trust Fund, and shall submit an 
        annual report to the Committee on Finance of the Senate and the 
        Committee on Ways and Means of the House of Representatives--
                    ``(A) on the financial condition and the results of 
                the operations of the Trust Fund during the fiscal year 
                preceding the fiscal year in which such report is 
                submitted, and
                    ``(B) on the expected condition and operations of 
                the Trust Fund during the fiscal year in which such 
                report is submitted and the 5 fiscal years succeeding 
                such fiscal year.
            ``(2) Investment.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Trust Fund as is not, 
                in the Secretary's judgment, required to meet current 
                withdrawals. Such investments may be made only in 
                interest-bearing obligations of the United States. For 
                such purpose, such obligations may be acquired--
                            ``(i) on original issue at the issue price, 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(B) Ability to sell obligations.--Any obligation 
                acquired by the Trust Fund may be sold by the Secretary 
                of the Treasury at the market price.
                    ``(C) Interest.--The interest on, and the proceeds 
                from, the sale or redemption of any obligations held in 
                the Trust Fund shall be credited to and form a part of 
                the Trust Fund.
    ``(d) Use of Funds.--
            ``(1) In general.--Amounts in the Trust Fund shall only be 
        available for the payment of readjustment assistance to 
        communities pursuant to chapter 4 of this title.
            ``(2) Allocation of amounts in trust fund.--Amounts in the 
        Trust Fund shall be used to carry out chapter 4 of this title, 
        including any administrative costs necessary to carry out such 
        chapter.
            ``(3) Supplement.--Funds appropriated pursuant to the 
        authority of this section shall be used to supplement and not 
        supplant other Federal, State, and local public funds expended 
        to provide readjustment assistance pursuant to this title.''.
    (b) Conforming Amendment.--The table of contents for title II of 
the Trade Act of 1974 is amended by inserting after the items relating 
to chapter 6, the following:

 ``Chapter 7--Community Trade Readjustment and Development Enhancement 
                               Trust Fund

``Sec. 299. Community Trade Readjustment and Development Enhancement 
                            Trust Fund.''.

SEC. 7. EFFECTIVE DATE.

    The provisions of this Act shall take effect on October 1, 2003.
                                 <all>