[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1963 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1963

   To make miscellaneous improvements to trade adjustment assistance.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 2005

  Mr. Baucus introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To make miscellaneous improvements to trade adjustment assistance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Adjustment 
Assistance Improvement Act of 2005''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
                  TITLE I--TRADE ADJUSTMENT ASSISTANCE

Sec. 101. Calculation of separation tolled during litigation.
Sec. 102. Establishment of Trade Adjustment Assistance Advisor.
Sec. 103. Certification of submissions.
Sec. 104. Revision of eligibility criteria.
Sec. 105. Training.
Sec. 106. Funding for administrative costs.
Sec. 107. Authorization of appropriations.
                       TITLE II--DATA COLLECTION

Sec. 201. Short title.
Sec. 202. Data collection; study; information to workers.
Sec. 203. Determinations by the Secretary of Labor.
           TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

Sec. 301. Clarification of marketing year and other provisions.
Sec. 302. Eligibility.

                  TITLE I--TRADE ADJUSTMENT ASSISTANCE

SEC. 101. CALCULATION OF SEPARATION TOLLED DURING LITIGATION.

    Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by 
adding at the end the following:
    ``(h) 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.''.

SEC. 102. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE ADVISOR.

    (a) In General.--Subchapter A of chapter 2 of title II of the Trade 
Act of 1974 is amended by inserting after section 221, the following 
new section:

``SEC. 221A. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE ADVISOR.

    ``(a) In General.--There is established in the Department of Labor 
an office to be known as the `Office of the Trade Adjustment Assistance 
Advisor'. The Office shall be headed by a Director, who shall be 
responsible for providing assistance and advice to any person or entity 
described in section 221(a)(1) desiring to file a petition for 
certification of eligibility under section 221.
    ``(b) Technical Assistance.--The Director shall coordinate with 
each agency responsible for providing adjustment assistance under this 
chapter or chapter 6 and shall provide technical and legal assistance 
and advice to enable persons or entities described in section 221(a)(1) 
to prepare and file petitions for certification under section 221.''.
    (b) Technical Amendment.--The table of contents for title II of the 
Trade Act of 1974 is amended by inserting after the item relating to 
section 221, the following:

``Sec. 221A. Establishment of Office of Trade Adjustment Assistance 
                            Advisor.''.

SEC. 103. CERTIFICATION OF SUBMISSIONS.

    Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by 
adding at the end the following:
    ``(e) Certification of Submissions.--If an employer submits a 
petition on behalf of a group of workers pursuant to section 221(a)(1) 
or if the Secretary requests evidence or information from an employer 
in order to make a determination under this section, the accuracy and 
completeness of any evidence or information submitted by the employer 
shall be certified by the employer's legal counsel or by an officer of 
the employer.''.

SEC. 104. REVISION OF ELIGIBILITY CRITERIA.

    (a) Shifts in Production.--Section 222(a)(2)(B) of the Trade Act of 
1974 (19 (U.S.C. 2272(a)(2)(B)) is amended to read as follows:
            ``(B) there has been a shift in production by such workers' 
        firm or subdivision to a foreign country of articles like or 
        directly competitive with articles which are produced by such 
        firm or subdivision.''.
    (b) Wage Insurance.--
            (1) In general.--Section 246(a)(3) of the Trade Act of 1974 
        (19 U.S.C. 2318(a)(3)) is amended to read as follows:
            ``(3) Eligibility.--A worker in a group that the Secretary 
        has certified as eligible to apply for adjustment assistance 
        under section 223 may elect to receive benefits under the 
        alternative trade adjustment assistance program if the worker--
                    ``(A) obtains reemployment not more than 26 weeks 
                after the date of separation from the adversely 
                affected employment;
                    ``(B) is at least 40 years of age;
                    ``(C) earns not more than $50,000 a year in wages 
                from reemployment;
                    ``(D) is employed on a full-time basis as defined 
                by State law in the State in which the worker is 
                employed; and
                    ``(E) does not return to the employment from which 
                the worker was separated.''.
            (2) Conforming amendments.--
                    (A) Subparagraphs (A) and (B) of section 246(a)(2) 
                of the Trade Act of 1974 (19 U.S.C. 2318(a)(2)) are 
                amended by striking ``paragraph (3)(B)'' and inserting 
                ``paragraph (3)'' each place it appears.
                    (B) Section 246(b)(2) of such Act is amended by 
                striking ``subsection (a)(3)(B)'' and inserting 
                ``subsection (a)(3)''.
    (c) Downstream Workers.--Section 222(c)(3) of the Trade Act of 1974 
(19 (U.S.C. 2272(c)(3)) is amended by striking ``, if the certification 
of eligibility'' and all that follows to the end period.

SEC. 105. TRAINING.

    (a) Modification of Enrollment Deadlines.--Section 231(a)(5)(A)(ii) 
of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)(A)(ii)) is amended--
            (1) in subclause (I), by striking ``16th week'' and 
        inserting ``26th week''; and
            (2) in subclause (II), by striking ``8th week'' and 
        inserting ``20th week''.
    (b) Extension of Allowance to Accommodate Training.--Section 233 of 
the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end 
the following:
    ``(h) Extension of Allowance.--Notwithstanding any other provision 
of this section, a trade readjustment allowance may be paid to a worker 
for a number of additional weeks equal to the number of weeks the 
worker's enrollment in training was delayed beyond the deadline 
applicable under section 231(a)(5)(A)(ii) pursuant to a waiver granted 
under section 231(c)(1)(E).''.
    (c) Funding for Training.--Section 236(a) of the Trade Act of 1974 
(19 U.S.C. 2296(a)) is amended--
            (1) in paragraph (1) by striking ``Upon such approval'' and 
        all that follows to the end; and
            (2) by amending paragraph (2) to read as follows:
            ``(2)(A) Upon approval of a training program under 
        paragraph (l), and subject to the limitations imposed by this 
        section, an adversely affected worker covered by a 
        certification issued under section 223 shall be eligible to 
        have payment of the costs of that training, including any costs 
        of an approved training program incurred by a worker before a 
        certification was issued under section 223, made on behalf of 
        the worker by the Secretary directly or through a voucher 
        system.
            ``(B) Not later than 6 months after the date of enactment 
        of the Trade Adjustment Assistance Improvement Act of 2005, the 
        Secretary shall develop and submit to Congress for approval a 
        formula that provides workers with an individual entitlement 
        for training costs to be administered pursuant to sections 239 
        and 240. The formula shall take into account--
                    ``(i) the number of workers enrolled in trade 
                adjustment assistance;
                    ``(ii) the duration of the assistance;
                    ``(iii) the anticipated training costs for workers; 
                and
                    ``(iv) any other factors the Secretary deems 
                appropriate.
            ``(C) Until such time as Congress approves the formula, the 
        total amount of payments that may be made under subparagraph 
        (A) for any fiscal year shall not exceed fifty percent of the 
        amount of trade readjustment allowances paid to workers during 
        that fiscal year.''.
    (d) Approved Training Programs.--
            (1) In general.--Section 236(a)(5) of the Trade Act of 1974 
        (19 U.S.C. 2296(a)(5)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (E);
                    (B) by redesignating subparagraph (F) as 
                subparagraph (H); and
                    (C) by inserting after subparagraph (E) the 
                following:
                    ``(F) integrated workforce training;
                    ``(G) entrepreneurial training; and''.
            (2) Definition.--Section 247 of the Trade Act of 1974 (19 
        U.S.C. 2319) is amended by adding at the end the following:
            ``(18) The term `integrated workforce training' means 
        training that integrates occupational skills training with 
        English language acquisition.''.

SEC. 106. FUNDING FOR ADMINISTRATIVE COSTS.

    Section 241 of the Trade Act of 1974 (19 U.S.C. 2313) is amended by 
adding at the end the following:
    ``(d) Funds provided by the Secretary to a State to cover 
administrative costs associated with the performance of a State's 
responsibilities under section 239 shall be sufficient to cover all 
costs of the State associated with operating the trade adjustment 
assistance program, including case worker costs.''.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    (a) 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''.
    (b) Firms.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 
2346(b)) is amended--
            (1) by striking ``$16,000,000'' and inserting 
        ``$32,000,000''; and
            (2) by striking ``2007'' and inserting ``2012''.
    (c) Farmers.--Section 298(a) of the Trade Act of 1974 (19 U.S.C. 
2401g(a)) is amended by striking ``2007'' and inserting ``2012''.

                       TITLE II--DATA COLLECTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Trade Adjustment Assistance 
Accountability Act''.

SEC. 202. DATA COLLECTION; STUDY; INFORMATION TO WORKERS.

    (a) Data Collection; Evaluations.--Subchapter C of chapter 2 of 
title II of the Trade Act of 1974 is amended by inserting after section 
249, the following new section:

``SEC. 250. DATA COLLECTION; EVALUATIONS; REPORTS.

    ``(a) Data Collection.--The Secretary shall, pursuant to 
regulations prescribed by the Secretary, collect any data necessary to 
meet the requirements of this chapter.
    ``(b) Performance Evaluations.--The Secretary shall establish an 
effective performance measuring system to evaluate the following:
            ``(1) Program performance.--A comparison of the trade 
        adjustment assistance program before and after the effective 
        date of the Trade Adjustment Assistance Reform Act of 2002 with 
        respect to--
                    ``(A) the number of workers certified and the 
                number of workers actually participating in the trade 
                adjustment assistance program;
                    ``(B) the time for processing petitions;
                    ``(C) the number of training waivers granted;
                    ``(D) the coordination of programs under this 
                chapter with programs under the Workforce Investment 
                Act of 1998 (29 U.S.C. 2801 et seq.);
                    ``(E) the effectiveness of individual training 
                providers in providing appropriate information and 
                training;
                    ``(F) the extent to which States have designed and 
                implemented health care coverage options under title II 
                of the Trade Act of 2002, including any difficulties 
                States have encountered in carrying out the provisions 
                of title II;
                    ``(G) how Federal, State, and local officials are 
                implementing the trade adjustment assistance program to 
                ensure that all eligible individuals receive benefits, 
                including providing outreach, rapid response, and other 
                activities; and
                    ``(H) any other data necessary to evaluate how 
                individual States are implementing the requirements of 
                this chapter.
            ``(2) Program participation.--The effectiveness of the 
        program relating to--
                    ``(A) the number of workers receiving benefits and 
                the type of benefits being received both before and 
                after the effective date of the Trade Adjustment 
                Assistance Reform Act of 2002;
                    ``(B) the number of workers enrolled in, and the 
                duration of, training by major types of training both 
                before and after the effective date of the Trade 
                Adjustment Assistance Reform Act of 2002;
                    ``(C) earnings history of workers that reflects 
                wages before separation and wages in any job obtained 
                after receiving benefits under this Act;
                    ``(D) reemployment rates and sectors in which 
                dislocated workers have been employed;
                    ``(E) the cause of dislocation identified in each 
                petition that resulted in a certification under this 
                chapter; and
                    ``(F) the number of petitions filed and workers 
                certified in each congressional district of the United 
                States.
    ``(c) State Participation.--The Secretary shall ensure, to the 
extent practicable, through oversight and effective internal control 
measures the following:
            ``(1) State participation.--Participation by each State in 
        the performance measurement system established under subsection 
        (b) and shall provide incentives for States to supplement 
        employment and wage data obtained through the use of 
        unemployment insurance wage records.
            ``(2) Monitoring.--Monitoring by each State of internal 
        control measures with respect to performance measurement data 
        collected by each State.
            ``(3) 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)).
    ``(d) Reports.--
            ``(1) Reports by the secretary.--
                    ``(A) Initial report.--Not later than 6 months 
                after the date of enactment of the Trade Adjustment 
                Assistance Accountability Act, the Secretary shall 
                submit to the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives a report that--
                            ``(i) describes the performance measurement 
                        system established under subsection (b);
                            ``(ii) includes analysis of data collected 
                        through the system established under subsection 
                        (b); and
                            ``(iii) provides recommendations for 
                        program improvements.
                    ``(B) Annual report.--Not later than 1 year after 
                the date the report is submitted under subparagraph 
                (A), and annually thereafter, the Secretary shall 
                submit to the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives and release to the public a report that 
                includes the information collected under clause (ii) of 
                subparagraph (A).
            ``(2) State reports.--Pursuant to regulations prescribed by 
        the Secretary, each State shall submit to the Secretary a 
        report that details its participation in the programs 
        established under this chapter, and that contains the data 
        necessary to allow the Secretary to submit the report required 
        under paragraph (1).
            ``(3) Publication.--The Secretary shall make available to 
        each State, to Congress, and to the public, the data gathered 
        and evaluated through the performance measurement system 
        established under subsection (b).''.
    (b) Conforming Amendments.--
            (1) 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''.
            (2) 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''.
            (3) Table of contents.--The table of contents for title II 
        of the Trade Act of 1974 is amended by inserting after the item 
        relating to section 249, the following new item:

``Sec. 250. Data collection; evaluations; reports.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 60 days after the date of enactment of this 
Act.

SEC. 203. DETERMINATIONS BY THE SECRETARY OF LABOR.

    Section 223(c) of the Trade Act of 1974 (19 U.S.C. 2273(c)) is 
amended to read as follows:
    ``(c) Publication of Determinations.--Upon reaching a determination 
on a petition, the Secretary shall--
            ``(1) promptly publish a summary of the determination in 
        the Federal Register together with the Secretary's reasons for 
        making such determination; and
            ``(2) make the full text of the determination available to 
        the public on the Internet website of the Department of Labor 
        with full-text searchability.''.

           TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

SEC. 301. CLARIFICATION OF MARKETING YEAR AND OTHER PROVISIONS.

    (a) In General.--Section 291(5) of the Trade Act of 1974 (19 U.S.C. 
2401(5)) is amended by inserting before the end period the following: 
``, or in the case of an agricultural commodity that has no officially 
designated marketing year, in a 12-month period for which the 
petitioner provides written request''.
    (b) Fishermen.--Notwithstanding any other provision of law, for 
purposes of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 
2271 et seq.) fishermen who harvest wild stock shall be eligible for 
adjustment assistance to the same extent and in the same manner as a 
group of workers under such chapter 2.

SEC. 302. ELIGIBILITY.

    (a) In General.--Section 292(c)(1) of the Trade Act of 1974 (19 
U.S.C. 2401a(c)(1)) is amended by striking ``80 percent'' and inserting 
``90 percent''.
    (b) Net Farm Income.--Section 296(a)(1)(C) of the Trade Act of 1974 
(19 U.S.C. 2401e(a)(1)(C)) is amended by inserting before the end 
period the following: ``or the producer had no positive net farm income 
for the 2 most recent consecutive years in which no adjustment 
assistance was received by the producer under this chapter''.
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