[Congressional Record Volume 150, Number 59 (Monday, May 3, 2004)]
[Senate]
[Pages S4770-S4777]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3107. Mr. HARKIN (for himself, Mr. Kennedy, Mr. Akaka, Mr. 
Bingaman, Mrs. Boxer, Mr. Byrd, Ms. Cantwell, Mrs. Clinton, Mr. 
Corzine, Mr. Daschle, Mr. Dayton, Mr. Durbin, Mr. Edwards, Mr. 
Feingold, Mr. Graham of Florida, Mr. Kerry, Mr. Kohl, Mr. Lautenberg, 
Mr. Leahy, Mr. Levin, Ms. Mikulski, Mrs. Murray, Mr. Nelson of Florida, 
Mr. Pryor, Mr. Reed, Mr. Reid, Mr. Rockefeller, Mr. Sarbanes, Mr. 
Schumer, and Ms. Stabenow) proposed an amendment to the bill S. 1637, 
to amend the Internal Revenue Code of 1986 to comply with the World 
Trade Organization rulings on the FSC/ETI benefit in a manner that 
preserves jobs and production activities in the United States, to 
reform and simplify the international taxation rules of the United 
States, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTION OF OVERTIME PAY.

       Section 13 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 213) is amended by adding at the end the following:
       ``(k) Notwithstanding the provisions of subchapter II of 
     chapter 5 and chapter 7 of title 5, United States Code 
     (commonly referred to as the Administrative Procedures Act) 
     or any other provision of law, any portion of the final rule 
     promulgated on April 23, 2004, revising part 541 of title 29, 
     Code of Federal Regulations, that exempts from the overtime 
     pay provisions of section 7 any employee who would not 
     otherwise be exempt if the regulations in effect on March 31, 
     2003 remained in effect, shall have no force or effect and 
     that portion of such regulations (as in effect on March 31, 
     2003) that would prevent such employee from being exempt 
     shall remain in effect. Notwithstanding the preceding 
     sentence, the increased salary requirements provided for in 
     such final rule at section 541.600 of such title 29, shall 
     remain in effect.''.
                                 ______
                                 
  SA 3108. Ms. COLLINS proposed an amendment to the bill S. 1637, to 
amend the Internal Revenue Code of 1986 to comply with the World Trade 
Organization rulings on the FSC/ETI benefit in a manner that preserves 
jobs and production activities in the United States, to reform and 
simplify the international taxation rules of the United States, and for 
other purposes; as follows:

       On page 139, between lines 13 and 14, insert the following:

     SEC. __. MANUFACTURER'S JOBS CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business-related credits), as amended 
     by this Act, is amended by adding at the end the following:

     ``SEC. 45S. MANUFACTURER'S JOBS CREDIT.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of an eligible taxpayer, the manufacturer's jobs credit 
     determined under this section is an amount equal to the 
     lesser of the following:
       ``(1) The excess of the W-2 wages paid by the taxpayer 
     during the taxable year over the W-2 wages paid by the 
     taxpayer during the preceding taxable year.
       ``(2) The W-2 wages paid by the taxpayer during the taxable 
     year to any employee who is an eligible TAA recipient (as 
     defined in section 35(c)(2)) for any month during such 
     taxable year.
       ``(3) 22.4 percent of the W-2 wages paid by the taxpayer 
     during the taxable year.
       ``(b) Limitation.--The amount of credit determined under 
     subsection (a) shall be reduced by an amount which bears the 
     same ratio to the amount of the credit (determined without 
     regard to this subsection) as--
       ``(1) the excess of the W-2 wages paid by the taxpayer to 
     employees outside the United States during the taxable year 
     over such wages paid during the most recent taxable year 
     ending before the date of the enactment of this section, 
     bears to
       ``(2) the excess of the W-2 wages paid by the taxpayer to 
     employees within the United States during the taxable year 
     over such wages paid during such most recent taxable year.
       ``(c) Eligible Taxpayer.--For purposes of this section, the 
     term `eligible taxpayer' means any taxpayer--
       ``(1) which has domestic production gross receipts for the 
     taxable year and the preceding taxable year, and
       ``(2) which is not treated at any time during the taxable 
     year as an inverted domestic corporation under section 7874.

[[Page S4771]]

       ``(d) Definitions.--For purposes of this section, W-2 wages 
     and domestic production gross receipts shall be determined in 
     the same manner as under section 199.
       ``(e) Certain Rules Made Applicable.--For purposes of this 
     section, rules similar to the rules of section 52 shall 
     apply.
       ``(f) Termination.--This section shall not apply to any 
     taxable year beginning after December 31, 2005.''.
       (b) Credit To Be Part of General Business Credit.--Section 
     38(b) (relating to current year business credit), as amended 
     by this Act, is amended by striking ``plus'' at the end of 
     paragraph (29), by striking the period at the end of 
     paragraph (30) and inserting ``, plus'', and by adding at the 
     end the following:
       ``(31) the manufacturer's jobs credit determined under 
     section 45S.''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1, as amended by this 
     Act, is amended by adding at the end the following:

``Sec. 45S. Manufacturer's jobs credit.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2003.
       On page 335, line 8, strike ``December 31, 2004,'' and 
     insert ``the date of the enactment of this Act''.
                                 ______
                                 
  SA 3109. Mr. WYDEN (for himself, Mr. Coleman, Mr. Rockefeller, Mr. 
Baucus, Mr. Dayton, Mr. Brownback, Mr. Dodd, and Ms. Snowe) proposed an 
amendment to the bill S. 1637, to amend the Internal Revenue Code of 
1986 to comply with the World Trade Organization rulings on the FSC/ETI 
benefit in a manner that preserves jobs and production activities in 
the United States, to reform and simplify the international taxation 
rules of the United States, and for other purposes; as follows:

       At the end of the bill, add the following:

                 TITLE IX--TRADE ADJUSTMENT ASSISTANCE

                      Subtitle A--Service Workers

     SEC. 911. SHORT TITLE.

       This subtitle may be cited as the ``Trade Adjustment 
     Assistance Equity For Service Workers Act of 2004''.

     SEC. 912. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO 
                   SERVICES SECTOR.

       (a) 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)''.
       (b) Group Eligibility Requirements.--Section 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''; and
       (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 such services 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 (2), by adding at the end the following:
       ``(C) Taconite pellets produced in the United States shall 
     be considered to be an article that is like or directly 
     competitive with imports of semifinished steel slab.''.
       (B) 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''; 
     and
       (iv) by inserting ``(or subdivision)'' after ``such other 
     firm''; and
       (C) in paragraph (4)--
       (i) by striking ``for articles'' and inserting ``, or 
     services, used in the production of articles or in the 
     provision of 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) 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 they are obtaining such 
     articles or services from a foreign country.
       ``(2) 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 firm in a foreign country based on a certification 
     thereof from the workers' firm, subdivision, or public 
     agency.
       ``(3) 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.''.
       (c) Training.--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) Definitions.--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; and
       (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) Technical Amendment.--Section 245(a) of the Trade Act 
     of 1974 (19 U.S.C. 2317(a)) is amended by striking ``, other 
     than subchapter D''.

     SEC. 913. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS AND 
                   INDUSTRIES.

       (a) Firms.--
       (1) Assistance.--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) 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 
     they are obtaining such articles or services from a foreign 
     country.
       ``(2) 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.''.
       (2) Authorization of appropriations.--Section 256(b) of the 
     Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking 
     ``$16,000,000'' and inserting ``$32,000,000''.
       (3) Definition.--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) Service Sector Firm.--For purposes of this chapter, 
     the term `service sector firm' means a firm engaged in the 
     business of providing services.''.
       (b) Industries.--Section 265(a) of the Trade Act of 1974 
     (19 U.S.C. 2355(a)) is amended by inserting ``or service'' 
     after ``new product''.

     SEC. 914. MONITORING AND REPORTING.

       Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is 
     amended--
       (1) in the 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 on Services Sector.--
       ``(1) Secretary of labor.--Not later than 3 months after 
     the date of the enactment of the Trade Adjustment Assistance 
     Equity For

[[Page S4772]]

     Service Workers Act of 2004, 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.
       ``(2) Secretary of commerce.--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.''.

     SEC. 915. ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE.

       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 the group that the 
     Secretary has certified as eligible for the alternative trade 
     adjustment assistance program may elect to receive benefits 
     under the alternative trade adjustment assistance program if 
     the worker--
       ``(A) is covered by a certification under subchapter A of 
     this chapter;
       ``(B) obtains reemployment not more than 26 weeks after the 
     date of separation from the adversely affected employment;
       ``(C) is at least 40 years of age;
       ``(D) earns not more than $50,000 a year in wages from 
     reemployment;
       ``(E) is employed on a full-time basis as defined by State 
     law in the State in which the worker is employed; and
       ``(F) does not return to the employment from which the 
     worker was separated.''.
       (b) Conforming Amendments.--(1) Subparagraphs (A) and (B) 
     of section 246(a)(2) of the Trade Act of 1974 (19 U.S.C. 
     2318(a)(2) (A) and (B)) are amended by striking ``paragraph 
     (3)(B)'' and inserting ``paragraph (3)'' each place it 
     appears.
       (2) Section 246(b)(2) of such Act is amended by striking 
     ``subsection (a)(3)(B)'' and inserting ``subsection (a)(3)''.

     SEC. 916. 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. 917. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsections (b) and 
     (c), the amendments made by this subtitle shall take effect 
     on October 1, 2004.
       (b) Special Rule for Certain Service Workers.--A group of 
     workers in a service sector firm, or subdivision of a service 
     sector firm, or public agency (as defined in section 247 (7) 
     and (8) of the Trade Act of 1974, as added by section 912(d) 
     of this Act) who--
       (1) would have been certified eligible to apply for 
     adjustment assistance under chapter 2 of title II of the 
     Trade Act of 1974 if the amendments made by this Act had been 
     in effect on November 4, 2002, and
       (2) file a petition pursuant to section 221 of such Act 
     within 6 months after the date of enactment of this Act,
     shall be eligible for certification under section 223 of the 
     Trade Act of 1974 if the workers' last total or partial 
     separation from the firm or subdivision of the firm or public 
     agency occurred on or after November 4, 2002 and before 
     October 1, 2004.
       (c) Special Rule for Taconite.--A group of workers in a 
     firm, or subdivision of a firm, engaged in the production of 
     taconite pellets who--
       (1) would have been certified eligible to apply for 
     adjustment assistance under chapter 2 of title II of the 
     Trade Act of 1974 if the amendments made by this Act had been 
     in effect on November 4, 2002, and
       (2) file a petition pursuant to section 221 of such Act 
     within 6 months after the date of enactment of this Act,
     shall be eligible for certification under section 223 of the 
     Trade Act of 1974 if the workers' last total or partial 
     separation from the firm or subdivision of the firm occurred 
     on or after November 4, 2002 and before October 1, 2004.

                      Subtitle B--Data Collection

     SEC. 921. SHORT TITLE.

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

     SEC. 922. 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).
       ``(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 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, and other public and private organizations as 
     determined by the Secretary, 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

[[Page S4773]]

     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 October 1, 2004.

        Subtitle C--Trade Adjustment Assistance for Communities

     SEC. 931. SHORT TITLE.

       This subtitle may be cited as the ``Trade Adjustment 
     Assistance for Communities Act of 2004''.

     SEC. 932. PURPOSE.

       The purpose of this subtitle 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. 933. 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, service 
     provider, 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 2004, 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, 2004--
       ``(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.
       ``(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:

[[Page S4774]]

       ``(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 $100,000,000 
     for each of fiscal years 2005 through 2008, to carry out this 
     chapter. Amounts appropriated pursuant to this subsection 
     shall remain available until expended.''.

     SEC. 934. 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, 2008.''.
       (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. 935. EFFECTIVE DATE.

       The amendments made by this subtitle shall take effect on 
     October 1, 2004.

           Subtitle D--Office of Trade Adjustment Assistance

     SEC. 941. SHORT TITLE.

       This subtitle may be cited as the ``Trade Adjustment 
     Assistance for Firms Reorganization Act''.

     SEC. 942. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

       (a) In General.--Chapter 3 of title II of the Trade Act of 
     1974 (19 U.S.C. 2341 et seq.) is amended by inserting after 
     section 255 the following new section:

     ``SEC. 255A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

       ``(a) Establishment.--Not later than 90 days after the date 
     of enactment of the Trade Adjustment Assistance for Firms 
     Reorganization Act, there shall be established in the 
     International Trade Administration of the Department of 
     Commerce an Office of Trade Adjustment Assistance.
       ``(b) Personnel.--The Office shall be headed by a Director, 
     and shall have such staff as may be necessary to carry out 
     the responsibilities of the Secretary of Commerce described 
     in this chapter.
       ``(c) Functions.--The Office shall assist the Secretary of 
     Commerce in carrying out the Secretary's responsibilities 
     under this chapter.''.
       (b) Conforming Amendment.--The table of contents for the 
     Trade Act of 1974 is amended by inserting after the item 
     relating to section 255, the following new item:

``Sec. 255A. Office of Trade Adjustment Assistance.''.

     SEC. 943. EFFECTIVE DATE.

       The amendments made by this subtitle shall take effect on 
     the earlier of--
       (1) the date of the enactment of this Act; or
       (2) October 1, 2004.

 TITLE X--IMPROVEMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE 
                              INDIVIDUALS

     SEC. 1001. EXPEDITED REFUND OF CREDIT FOR PRORATED FIRST 
                   MONTHLY PREMIUM AND SUBSEQUENT MONTHLY PREMIUMS 
                   PAID 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:
       ``(e) Expedited Payment of Premiums Paid Prior To Issuance 
     of Certificate.--The program established under subsection (a) 
     shall provide for payment to a certified individual (or to 
     any person or entity designated by the certified individual, 
     under guidelines developed by the Secretary to achieve the 
     purposes of this section) of an amount equal to the 
     percentage specified in section 35(a) of the premiums paid by 
     such individual 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 not later than 30 days after receipt 
     by the Secretary of evidence of such payment by the certified 
     individual.''.

     SEC. 1002. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF 
                   DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN 
                   CREDITABLE COVERAGE.

       (a) 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:
       ``(C) TAA-eligible individuals.--
       ``(i) 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 postmark date of the notice 
     by the Secretary (or by any person or entity designated by 
     the Secretary) that the individual potentially 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).
       ``(ii) Definitions.--The terms `TAA-eligible individual', 
     and `TAA-related loss of coverage' have the meanings given 
     such terms in section 605(b)(4)(C).''.
       (b) 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:
       ``(C) TAA-eligible individuals.--
       ``(i) 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 postmark date of the notice 
     by the Secretary (or by any person or entity designated by 
     the

[[Page S4775]]

     Secretary) that the individual potentially 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).
       ``(ii) Definitions.--The terms `TAA-eligible individual', 
     and `TAA-related loss of coverage' have the meanings given 
     such terms in section 2205(b)(4)(C).''.
       (c) 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:
       ``(D) TAA-eligible individuals.--
       ``(i) 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 postmark date of the 
     notice by the Secretary (or by any person or entity 
     designated by the Secretary) that the individual potentially 
     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).
       ``(ii) 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).''.

     SEC. 1003. CLARIFICATION OF ELIGIBILITY OF SPOUSE OF CERTAIN 
                   INDIVIDUALS ENTITLED TO MEDICARE.

       (a) In General.--Subsection (b) of section 35 of the 
     Internal Revenue Code of 1986 (defining eligible coverage 
     month) is amended by adding at the end the following:
       ``(3) Special rule for spouse of individual entitled to 
     medicare.--Any month which would be an eligible coverage 
     month with respect to a taxpayer (determined without regard 
     to subsection (f)(2)(A)) shall be an eligible coverage month 
     for any spouse of such taxpayer.''.
       (b) Conforming Amendment.--Section 173(f)(5)(A)(i) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(5)(A)(i)) 
     is amended by inserting ``(including with respect to any 
     month for which the eligible individual would have been 
     treated as such but for the application of paragraph 
     (7)(B)(i))'' before the comma.

     SEC. 1004. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.

       (a) 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 ``75''.
       (b) 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 ``75''.
       (c) Effective Date.--The amendments made by this section 
     apply to taxable years beginning after December 31, 2004.

     SEC. 1005. EXTENSION OF NATIONAL EMERGENCY GRANTS TO 
                   FACILITATE ESTABLISHMENT OF GROUP COVERAGE 
                   OPTION AND TO PROVIDE INTERIM HEALTH COVERAGE 
                   FOR ELIGIBLE INDIVIDUALS IN ORDER TO QUALIFY 
                   FOR GUARANTEED ISSUE AND OTHER CONSUMER 
                   PROTECTIONS; CLARIFICATION OF REQUIREMENT FOR 
                   GROUP COVERAGE OPTION.

       (a) In General.--Section 173(f) of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2918(f)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Use of funds.--
       ``(A) 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) may 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 (iv) 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).
       ``(B) 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:
       ``(i) Health insurance coverage.--To assist an eligible 
     individual and such individual's qualifying family members in 
     enrolling in health insurance coverage and qualified health 
     insurance.
       ``(ii) Administrative expenses and start-up expenses to 
     establish group 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--

       ``(I) eligibility verification activities;
       ``(II) the notification of eligible individuals of 
     available health insurance and qualified health insurance 
     options;
       ``(III) processing qualified health insurance costs credit 
     eligibility certificates provided for under section 7527 of 
     the Internal Revenue Code of 1986;
       ``(IV) providing assistance to eligible individuals in 
     enrolling in health insurance coverage and qualified health 
     insurance;
       ``(V) the development or installation of necessary data 
     management systems; and
       ``(VI) 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 subparagraph (C), (D), (E), or (F)(i) 
     of section 35(e)(1) of the Internal Revenue Code of 1986, or, 
     only if the coverage is under a group health plan, the 
     coverage described in subparagraph (F)(ii), (F)(iii), 
     (F)(iv), (G), or (H) of such section, as qualified health 
     insurance under that section.

       ``(iii) Outreach.--To pay for outreach to eligible 
     individuals to inform such individuals of available health 
     insurance and qualified health insurance options, including 
     low cost options, outreach consisting of notice to eligible 
     individuals of qualified health insurance 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.
       ``(iv) 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.
       ``(C) 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
       (2) by striking paragraph (2) and inserting the following:
       ``(2) 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.''.
       (b) Funding.--Section 174(c)(1) of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2919(c)(1)) is amended--
       (1) in the paragraph heading, by striking ``Authorization 
     and appropriation for fiscal year 2002'' and inserting 
     ``Appropriations''; and
       (2) by striking subparagraph (A) and inserting the 
     following:
       ``(A) to carry out subsection (a)(4)(A) of section 173--
       ``(i) $10,000,000 for fiscal year 2002; and
       ``(ii) $300,000,000 for the period of fiscal years 2004 
     through 2006; and''.
       (c) 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)) is 
     amended by adding at the end the following:
       ``(8) 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.''.
       (d) Clarification of Requirement To Establish Group 
     Coverage Option.--Subsection (g) of section 35 of the 
     Internal Revenue Code of 1986 (relating to special rules) is 
     amended--
       (1) by redesignating paragraph (9) as paragraph (10); and
       (2) by inserting after paragraph (8) the following:
       ``(9) Requirement to establish group coverage option.--
       ``(A) In general.--If any State has not elected to have 
     treated as qualified health insurance under this section at 
     least--
       ``(i) the coverage described in subparagraph (C), (D), (E), 
     or (F)(i) of subsection (e)(1), or
       ``(ii) only if the coverage is under a group health plan 
     and the plan satisfies the applicable requirements of section 
     9802, the coverage described in subparagraph (F)(ii), 
     (F)(iii), (F)(iv), (G), or (H) of subsection (e)(1),
     the State, not later than 2 years after the date of the 
     enactment of this paragraph, shall develop in consultation 
     with representatives of eligible individuals and their 
     qualifying family members, coverage options that are to be 
     treated as qualified health insurance under this section and 
     that include at least one of the coverage options described 
     in clause (i) or (ii).
       ``(B) OPM.--In the case of any State that fails to satisfy 
     the requirement of subparagraph (A), the Director of the 
     Office of Personnel Management is authorized to establish 
     group health plan options, including low cost options, for 
     eligible individuals and qualifying family members of such 
     individuals in the State that shall be treated as qualified 
     health insurance under this section.''.

[[Page S4776]]

       (e) 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.

     SEC. 1006. ALIGNMENT OF COBRA COVERAGE WITH TAA PERIOD FOR 
                   TAA-ELIGIBLE INDIVIDUALS.

       (a) ERISA.--Section 605(b) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1165(b)) is amended--
       (1) in the subsection heading, by inserting ``and 
     Coverage'' after ``Election''; and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by inserting ``and period'' 
     after ``Commencement'';
       (B) by striking ``and shall'' and inserting ``, shall''; 
     and
       (C) by inserting ``, and in no event shall the maximum 
     period required under section 602(2)(A) be less than the 
     period during which the individual is a TAA-eligible 
     individual'' before the period at the end.
       (b) Internal Revenue Code of 1986.--Section 4980B(f)(5)(C) 
     of the Internal Revenue Code of 1986 is amended--
       (1) in the subparagraph heading, by inserting ``and 
     coverage'' after ``election''; and
       (2) in clause (ii)--
       (A) in the clause heading, by inserting ``and period'' 
     after ``Commencement'';
       (B) by striking ``and shall'' and inserting ``, shall''; 
     and
       (C) by inserting ``, and in no event shall the maximum 
     period required under paragraph (2)(B)(i) be less than the 
     period during which the individual is a TAA-eligible 
     individual'' before the period at the end.
       (c) Public Health Service Act.--Section 2205(b) of the 
     Public Health Service Act (42 U.S.C. 300bb-5(b)) is amended--
       (1) in the subsection heading, by inserting ``and 
     Coverage'' after ``Election''; and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by inserting ``and period'' 
     after ``Commencement'';
       (B) by striking ``and shall'' and inserting ``, shall''; 
     and
       (C) by inserting ``, and in no event shall the maximum 
     period required under section 2202(2)(A) be less than the 
     period during which the individual is a TAA-eligible 
     individual'' before the period at the end.

     SEC. 1007. EXTENSION OF FUNDING FOR OPERATION OF STATE HIGH 
                   RISK HEALTH INSURANCE POOLS.

       (a) Extension of Seed Grants.--Section 2745 of the Public 
     Health Service Act (42 U.S.C. 300gg-45) is amended--
       (1) in subsection (a), in the subsection heading by 
     inserting ``Extension of'' before ``Seed''; and
       (2) in subsection (c)(1), by striking ``$20,000,000'' and 
     all that follows through ``2003'' and inserting ``$15,000,000 
     for the period of fiscal years 2004 and 2005''.
       (b) Funds for Operations.--Section 2745 of the Public 
     Health Service Act (42 U.S.C. 300gg-45) is amended--
       (1) in subsection (b)--
       (A) in the subsection heading by striking ``Matching''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Allotment.--The amounts appropriated under subsection 
     (c)(2) for a fiscal year shall be made available to the 
     States (or the entities that operate the high risk pool under 
     applicable State law) as follows:
       ``(A) An amount equal to 50 percent of the appropriated 
     amount for the fiscal year shall be allocated in equal 
     amounts among each eligible State that applies for assistance 
     under this subsection.
       ``(B) An amount equal to 25 percent of the appropriated 
     amount for the fiscal year shall be allocated among the 
     States so that the amount provided to a State bears the same 
     ratio to such available amount as the number of uninsured 
     individuals in the State bears to the total number of 
     uninsured individuals in all States (as determined by the 
     Secretary).
       ``(C) An amount equal to 25 percent of the appropriated 
     amount for the fiscal year shall be allocated among the 
     States so that the amount provided to a State bears the same 
     ratio to such available amount as the number of individuals 
     enrolled in health care coverage through the qualified high 
     risk pool of the State bears to the total number of 
     individuals so enrolled through qualified high risk pools in 
     all States (as determined by the Secretary).''; and
       (2) in subsection (c)(2), by striking ``$40,000,000'' and 
     all that follows through the period and inserting 
     ``$75,000,000 for each of fiscal years 2005 through 2009 to 
     make allotments under subsection (b)(2).''.
       (c) Definitions.--Section 2745 of the Public Health Service 
     Act (42 U.S.C. 300gg-45) is amended--
       (1) in subsection (d), by inserting after ``2744(c)(2)'' 
     the following: ``, except that with respect to subparagraph 
     (A) of such section a State may elect to provide for the 
     enrollment of eligible individuals through an acceptable 
     alternative mechanism,''; and
       (2) by adding at the end the following:
       ``(e) Standard Risk Rate.--In subsection (b)(1)(A), the 
     term `standard risk rate' means a rate--
       ``(1) determined under the State high risk pool by 
     considering the premium rates charged by other health 
     insurers offering health insurance coverage to individuals in 
     the insurance market served;
       ``(2) that is established using reasonable actuarial 
     techniques; and
       ``(3) that reflects anticipated claims experience and 
     expenses for the coverage involved.''.

     SEC. 1008. 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 section 1001, is amended 
     by adding at the end the following:
       ``(f) Inclusion of Certain Information.--The notice by the 
     Secretary (or by any person or entity designated by the 
     Secretary) that an individual potentially is eligible for a 
     qualified health insurance costs credit eligibility 
     certificate shall include--
       ``(1) 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));
       ``(2) a list of the coverage options, including the low 
     cost options, that are treated as qualified health insurance 
     (as so defined) by the State in which the individual resides; 
     and
       ``(3) 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 postmark date of such notice to enroll in 
     such insurance without a lapse in creditable coverage (as 
     defined in section 9801(c)).''.

     SEC. 1009. ANNUAL REPORT ON ENHANCED TAA BENEFITS.

       Not later than October 1 of each year (beginning in 2004) 
     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 the Workforce of the House of 
     Representatives the following information with respect to the 
     most recent taxable year ending before such date:
       (1) 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--
       (A) by State, and
       (B) 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).
       (2) 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.
       (3) 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.
       (4) The cost of administering the health credit program 
     under section 35 of such Code, by function, including the 
     cost of subcontractors.

                 TITLE XI--MORTGAGE PAYMENT ASSISTANCE

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Homestead Preservation 
     Act''.

     SEC. 1102. MORTGAGE PAYMENT ASSISTANCE.

       (a) Establishment of Program.--The Secretary of Labor 
     (referred to in this section as the ``Secretary'') shall 
     establish a program under which the Secretary shall award 
     low-interest loans to eligible individuals to enable such 
     individuals to continue to make mortgage payments with 
     respect to the primary residences of such individuals.
       (b) Eligibility.--To be eligible to receive a loan under 
     the program established under subsection (a), an individual 
     shall--
       (1) be--
       (A) an adversely affected worker with respect to whom a 
     certification of eligibility has been issued by the Secretary 
     of Labor under chapter 2 of title II of the Trade Act of 1974 
     (19 U.S.C. 2271 et seq.); or
       (B) an individual who would be an individual described in 
     subparagraph (A) but who resides in a State that has not 
     entered into an agreement under section 239 of such Act (19 
     U.S.C. 2311);
       (2) be a borrower under a loan which requires the 
     individual to make monthly mortgage payments with respect to 
     the primary place of residence of the individual; and
       (3) be enrolled in a job training or job assistance 
     program.
       (c) Loan Requirements.--
       (1) In general.--A loan provided to an eligible individual 
     under this section shall--
       (A) be for a period of not to exceed 12 months;
       (B) be for an amount that does not exceed the sum of--
       (i) the amount of the monthly mortgage payment owed by the 
     individual; and
       (ii) the number of months for which the loan is provided;
       (C) have an applicable rate of interest that equals 4 
     percent;
       (D) require repayment as provided for in subsection (d); 
     and

[[Page S4777]]

       (E) be subject to such other terms and conditions as the 
     Secretary determines appropriate.
       (2) Account.--A loan awarded to an individual under this 
     section shall be deposited into an account from which a 
     monthly mortgage payment will be made in accordance with the 
     terms and conditions of such loan.
       (d) Repayment.--
       (1) In general.--An individual to which a loan has been 
     awarded under this section shall be required to begin making 
     repayments on the loan on the earlier of--
       (A) the date on which the individual has been employed on a 
     full-time basis for 6 consecutive months; or
       (B) the date that is 1 year after the date on which the 
     loan has been approved under this section.
       (2) Repayment period and amount.--
       (A) Repayment period.--A loan awarded under this section 
     shall be repaid on a monthly basis over the 5-year period 
     beginning on the date determined under paragraph (1).
       (B) Amount.--The amount of the monthly payment described in 
     subparagraph (A) shall be determined by dividing the total 
     amount provided under the loan (plus interest) by 60.
       (C) Rule of construction.--Nothing in this paragraph shall 
     be construed to prohibit an individual from--
       (i) paying off a loan awarded under this section in less 
     than 5 years; or
       (ii) from paying a monthly amount under such loan in excess 
     of the monthly amount determined under subparagraph (B) with 
     respect to the loan.
       (e) Regulations.--Not later than 6 weeks after the date of 
     enactment of this Act, the Secretary shall promulgate 
     regulations necessary to carry out this section, including 
     regulations that permit an individual to certify that the 
     individual is an eligible individual under subsection (b).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $10,000,000 for 
     each of fiscal years 2005 through 2008.

                        TITLE XII--MISCELLANEOUS

     SEC. 1201. DEFINITION OF VALID TAXPAYER IDENTIFICATION NUMBER 
                   FOR EARNED INCOME CREDIT.

       (a) In General.--Section 32(m) of the Internal Revenue Code 
     of 1986 is amended to read as follows:
       ``(m) Identification Numbers.--Solely for purposes of 
     subsections (c)(1)(F) and (c)(3)(D), a taxpayer 
     identification number means a social security number assigned 
     by the Social Security Administration--
       ``(1) to a citizen of the United States, or
       ``(2) to an individual pursuant to subclause (I) (or that 
     portion of subclause (III) that relates to subclause (I)) of 
     section 205(c)(2)(B)(i) of the Social Security Act.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

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