Trade Adjustment Assistance and Training Improvement Act of 2007 - Amends the Trade Act of 1974 to revise requirements with respect to the filing of a petition for certification of eligibility to apply for trade adjustment assistance (TAA) by a group of adversely affected workers in a firm or subdivision (including agricultural firm or subdivision).
Revises TAA group eligibility requirements for such workers and for adversely affected secondary workers.
Sets forth a process for administrative reconsideration of Secretary of Labor determinations that deny certification of eligibility to apply for TAA by a group of adversely affected workers.
Revises: (1) trade readjustment allowance (TRA) eligibility requirements for adversely affected workers (including to provide for the the payment of an additional TRA provided certain conditions are met); and (2) training program requirements for adversely affected workers.
Establishes a program where adversely affected workers that have been certified for TAA may alternatively elect to receive wage supplement and health insurance costs tax credit benefits from the state provided certain requirements are met.
Authorizes the Secretary to award grants to community colleges or entities that provide training for occupations in demand in order to expand available training slots and prepare adversely affected workers for occupations in demand.
Extends the TAA program for firms and farmers through FY2012.
Amends the Internal Revenue Code to: (1) authorize the reduction of the credit against the federal unemployment tax liability of a state that fails to meet certain benchmark requirements in the provision of reemployment services and training to adversely affected workers under the TAA program; and (2) make TAA wage supplement recipients eligible for a health insurance costs tax credit.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3943 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3943
To amend the Trade Act of 1974 to reauthorize the trade adjustment
assistance for workers program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 23, 2007
Mr. Herger (for himself, Mr. Brady of Texas, Mr. Weller of Illinois,
Mr. Ramstad, Mr. Ryan of Wisconsin, Mr. Tiberi, Mr. Nunes, and Mr. Sam
Johnson of Texas) introduced the following bill; which was referred to
the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Trade Act of 1974 to reauthorize the trade adjustment
assistance for workers program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trade Adjustment
Assistance and Training Improvements Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
Subtitle A--Petitions and Determinations
Sec. 101. Petitions.
Sec. 102. Group eligibility requirements.
Sec. 103. Determinations by Secretary of Labor.
Sec. 104. Benefit information to workers.
Sec. 105. Administrative reconsideration of determinations by Secretary
of Labor.
Subtitle B--Program Benefits
Chapter 1--Trade Readjustment Allowances
Sec. 111. Qualifying requirements for workers.
Sec. 112. Weekly amounts.
Sec. 113. Limitations on trade readjustment allowances.
Chapter 2--Training, Other Reemployment Services, and Allowances
Sec. 121. Reemployment services.
Sec. 122. Training.
Sec. 123. Job search allowances.
Sec. 124. Relocation allowances.
Subtitle C--General Provisions
Sec. 131. Agreements with States.
Sec. 132. Authorization of appropriations; incentive payments to
States.
Sec. 133. Phase-out of demonstration project for alternative trade
adjustment assistance for older workers.
Sec. 134. Wage supplement program.
Sec. 135. Definitions.
Sec. 136. Capacity-building grants to enhance training for workers.
Subtitle D--Effective Date
Sec. 141. Effective date.
TITLE II--OTHER TRADE ADJUSTMENT ASSISTANCE PROGRAMS AND RELATED
PROVISIONS
Sec. 201. Technical assistance for firms.
Sec. 202. Extension of trade adjustment assistance for firms.
Sec. 203. Extension of trade adjustment assistance for farmers.
Sec. 204. Judicial review.
Sec. 205. Termination.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Credit reduction for failures relating to co-enrollment of
participants and program performance
reports.
Sec. 302. TAA wage supplement participants eligibility for credit for
health insurance costs.
TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
Subtitle A--Petitions and Determinations
SEC. 101. PETITIONS.
Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is
amended--
(1) in paragraph (1), by striking ``simultaneously with the
Secretary and with the Governor of the State in which such
workers' firm or subdivision is located'' and inserting ``with
the Secretary'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Upon receipt of a petition filed under paragraph (1), the
Secretary shall promptly notify the Governor of the State in which such
workers' firm or subdivision is located of the filing of the petition
and its contents.'';
(4) in paragraph (3) (as redesignated by paragraph (2) of
this section), by striking ``a petition filed under paragraph
(1)'' and inserting ``a notice under paragraph (2)''; and
(5) in paragraph (4) (as redesignated by paragraph (2) of
this section)--
(A) by striking ``the petition'' and inserting ``a
petition filed under paragraph (1)''; and
(B) by inserting ``and on the Website of the
Department of Labor'' after ``in the Federal
Register''.
SEC. 102. GROUP ELIGIBILITY REQUIREMENTS.
(a) In General.--Subsection (a)(2)(B)(i) of section 222 of the
Trade Act of 1974 (19 U.S.C. 2272) is amended by inserting at the end
before the semicolon the following: ``that contributed importantly to
such workers' separation or threat of separation''.
(b) Adversely Affected Secondary Workers.--Subsection (b) of such
section is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and''; and
(4) in subparagraph (A) of paragraph (4) (as redesignated
by paragraph (2) of this subsection), by inserting at the end
before the semicolon the following: ``and contributed
importantly to the workers' separation or threat of separation
determined under paragraph (1)''.
(c) Definitions.--Subsection (c) of such section is amended--
(1) in paragraph (3), by striking ``, if the certification
of eligibility under subsection (a) is based on an increase in
imports from, or a shift in production to, Canada or Mexico'';
and
(2) by adding at the end the following new paragraphs:
``(5) The term `article' means--
``(A) a tangible product subject to duty under the
Harmonized Tariff Schedule of the United States which
is not incidental to the provision of a service; or
``(B) an intangible product, such as a digital
product (including computer programs, text, video,
image and sound recordings, and similar products), that
would be subject to duty under the Harmonized Tariff
Schedule of the United States if the intangible product
were embodied in a physical medium and which is not
incidental to the provision of a service.
``(6) The term `worker' means--
``(A) with respect to a firm described in
subsection (a)--
``(i) an individual directly employed by
the firm that produces an article that is the
basis for a determination under subsection (a)
and who performs tasks relating to the
production of the article; or
``(ii) an individual who is under the
operational control of the firm that produces
an article that is the basis for a
determination under subsection (a) pursuant to
a contract or leasing arrangement and who
performs tasks relating to the production of
the article;
``(B) with respect to a firm that is a supplier
described in subsection (b)--
``(i) an individual directly employed by
the firm that is a supplier and who performs
tasks relating to the production of component
parts for an article that is the basis for a
determination under subsection (a); or
``(ii) an individual who is under the
operational control of the firm that is a
supplier pursuant to a contract or leasing
arrangement and who performs tasks relating to
the production of component parts for an
article that is the basis for a determination
under subsection (a); and
``(C) with respect to a firm that is a downstream
producer described in subsection (b)--
``(i) an individual directly employed by
the firm that is a downstream producer and who
perform tasks relating to the provision of
additional, value-added production processes
for an article that is the basis for a
determination under subsection (a); or
``(ii) an individual who is under the
operational control of the firm that is a
downstream producer pursuant to a contract or
leasing arrangement and who performs tasks
relating to the provision of additional, value-
added production processes for an article that
is the basis for a determination under
subsection (a).''.
SEC. 103. DETERMINATIONS BY SECRETARY OF LABOR.
(a) Workers Covered by Certification.--Subsection (b) of section
223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended--
(1) in the matter preceding paragraph (1), by striking
``under this section'' and inserting ``under subsection (a) or
(d) of this section''; and
(2) in paragraph (2), to read as follows:
``(2) after the earliest of--
``(A) the date that is two years after the date on
which certification is granted under subsection (a);
``(B) the date that is two years after the date of
the earliest determination, if any, denying
certification under subsection (a); or
``(C) the termination date, if any, determined
under subsection (e).''.
(b) Publication of Determination.--Subsection (c) of such section
is amended--
(1) by striking ``his determination'' and inserting ``a
determination'';
(2) by inserting ``and on the Website of the Department of
Labor'' after ``in the Federal Register''; and
(3) by striking ``his reasons'' and inserting ``the
Secretary's reasons''.
(c) Amendment to Certification.--Such section is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Whenever the Secretary determines, with respect to any
certification of eligibility of the workers of a firm or subdivision of
the firm, and subject to such regulations as the Secretary may
prescribe, that good cause exists to amend such certification, the
Secretary shall amend such certification and promptly publish notice of
such amendment in the Federal Register and on the Website of the
Department of Labor together with the reasons for making such
determination.''.
(d) Termination of Certification.--Subsection (e) of such section
(as redesignated by subsection (c)(1) of this section) is amended--
(1) by striking ``he shall'' and inserting ``the Secretary
shall'';
(2) by inserting ``and on the Website of the Department of
Labor'' after ``in the Federal Register''; and
(3) by striking ``his reasons'' and inserting ``the
Secretary's reasons''.
SEC. 104. BENEFIT INFORMATION TO WORKERS.
Section 225(a) of the Trade Act of 1974 (19 U.S.C. 2275(a)) is
amended in the fourth sentence by striking ``the State Board for
Vocational Education or equivalent agency and other public or private
agencies, institutions, and employers, as appropriate,'' and inserting
``the appropriate State workforce investment board (established under
section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821))
and State workforce agency responsible for the administration of the
State workforce investment program funded under title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)''.
SEC. 105. ADMINISTRATIVE RECONSIDERATION OF DETERMINATIONS BY SECRETARY
OF LABOR.
(a) In General.--Subchapter A of chapter 2 of title II of the Trade
Act of 1974 (19 U.S.C. 2271 et seq.) is amended by adding at the end
the following new section:
``SEC. 226. ADMINISTRATIVE RECONSIDERATION OF DETERMINATIONS BY
SECRETARY OF LABOR.
``(a) Administrative Reconsideration.--
``(1) In general.--A worker, group of workers, certified or
recognized union or other duly authorized representative of
such worker or group of workers, or any of the individuals or
entities described in section 221(a)(1)(C), aggrieved (or on
behalf of such workers aggrieved) by a determination of the
Secretary of Labor under section 223 denying a certification of
eligibility, may file a request for administrative
reconsideration with the Secretary not later than 60 days after
the date on which notice of the determination is published
under section 223.
``(2) Failure to make timely request.--The failure to file
a request for administrative reconsideration of a determination
denying a certification of eligibility under section 223 within
the 60-day period described in paragraph (1) shall be deemed to
be a failure to exhaust administrative remedies and such
determination shall not be subject to judicial review under
section 284.
``(b) Notice, Review, and Final Determination.--
``(1) Notice.--If a request for administrative
reconsideration of a determination of the Secretary is filed in
accordance with the provisions of subsection (a), the Secretary
shall promptly publish notice thereof in the Federal Register
and on the Website of the Department of Labor.
``(2) Review of determination.--The Secretary shall
initiate a review of the determination of the Secretary upon
filing of the request for administrative reconsideration under
subsection (a) and shall include an opportunity for interested
persons to submit additional information.
``(3) Final determination.--The Secretary shall issue a
final determination on the request for administrative
reconsideration not later than 60 days after the date on which
the Secretary publishes notice of the request for
reconsideration pursuant to paragraph (1). Upon reaching a
determination on a reconsideration, the Secretary shall
promptly publish a summary of the determination in the Federal
Register and on the Website of the Department of Labor,
together with the reasons for making such determination. The
requirements relating to judicial review under section 284
shall apply to any determination made by the Secretary under
this subsection.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Trade Act of 1974 is amended by inserting after the item relating to
section 225 the following:
``Sec. 226. Administrative reconsideration of determinations by
Secretary of Labor.''.
Subtitle B--Program Benefits
CHAPTER 1--TRADE READJUSTMENT ALLOWANCES
SEC. 111. QUALIFYING REQUIREMENTS FOR WORKERS.
(a) Basic Trade Readjustment Allowance.--Subsection (a) of section
231 of the Trade Act of 1974 (19 U.S.C. 2291) is amended--
(1) in the matter preceding paragraph (1), by striking ``60
days'' and inserting ``40 days'';
(2) in paragraph (1), by striking ``occurred--'' and all
that follows and inserting ``occurred during the period
described in section 223(b).''; and
(3) by striking paragraphs (4) and (5).
(b) Payment of Additional Trade Readjustment Allowance.--Such
section is further amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) In addition to the payment of a trade readjustment allowance
under subsection (a), payment of an additional trade readjustment
allowance shall be made to an adversely affected worker who is covered
by a certification under subchapter A and who--
``(1) files an application for such allowance for any week
of unemployment which begins after the worker has received the
maximum amount of trade readjustment allowances payable under
subsection (a);
``(2) meets the conditions described in paragraphs (1)
through (3) of subsection (a); and
``(3) is either--
``(A) totally unemployed and is enrolled in a full-
time training program approved by the Secretary under
section 236(a); or
``(B) partially unemployed and is enrolled in a
full-time or part-time training program approved by the
Secretary under section 236(a).''.
(c) Withholding of Trade Readjustment Allowance Pending Beginning
or Resumption of Participation in Training Program; Period of
Applicability.--Subsection (c) of such section (as redesignated by
subsection (b)(1) of this section) is amended to read as follows:
``(c) If the Secretary determines that--
``(1) the adversely affected worker--
``(A) has failed to begin participation in the
training program the enrollment in which meets the
requirement of subsection (b)(3), or
``(B) has ceased to participate in such training
program before completing such training program, and
``(2) there is no justifiable cause for such failure or
cessation,
no trade readjustment allowance may be paid to the adversely affected
worker under this part for the week in which such failure, cessation,
or revocation occurred, or any succeeding week, until the adversely
affected worker begins or resumes participation in a training program
approved under section 236(a).''.
(d) Waivers of Training Requirements.--Subsection (d) of such
section (as redesignated by subsection (b)(1) of this section) is
hereby repealed.
SEC. 112. WEEKLY AMOUNTS.
(a) In General.--Subsection (a) of section 232 of the Trade Act of
1974 (19 U.S.C. 2292) is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)'';
(2) by inserting ``paragraph (2) and'' after ``Subject
to'';
(3) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(4) by adding at the end the following new paragraph:
``(2)(A) Notwithstanding section 231(a)(3)(B), if an adversely
affected worker who is participating in training qualifies for
unemployment insurance under State law, based in whole or in part upon
part-time or short-term employment following approval of the worker's
initial trade readjustment allowance application under section 231(a),
then for any week for which unemployment insurance is payable and for
which the worker would otherwise be entitled to a trade readjustment
allowance based upon the certification under section 223, the worker
shall be paid a trade readjustment allowance in the amount described in
subparagraph (B).
``(B) The trade readjustment allowance payable under subparagraph
(A) shall be equal to the weekly benefit amount of the unemployment
insurance upon which the worker's trade readjustment allowance was
initially determined under paragraph (1), reduced by--
``(i) the amount of the unemployment insurance benefit
payable to such worker for that week of unemployment for which
a trade readjustment allowance is payable under subparagraph
(A) of this paragraph; and
``(ii) the amounts described in subparagraphs (A) and (B)
of paragraph (1).''.
(b) Adversely Affected Workers Who Are Undergoing Training.--
Subsection (b) of such section is amended--
(1) by inserting ``under section 231(b)'' after ``who is
entitled to trade readjustment allowances''; and
(2) by striking ``he is undergoing any such'' and inserting
``such worker is undergoing''.
SEC. 113. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES.
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``The maximum amount'' and
inserting ``Except as provided in paragraph
(3), the maximum amount''; and
(ii) by striking ``52'' and inserting
``39''; and
(B) in paragraph (3), by striking ``52'' each place
it appears and inserting ``65'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) through (g) as
subsections (b) through (f), respectively; and
(4) in subsection (f) (as redesignated by paragraph (3) of
this section), by striking ``section 236(a)(5)(D)'' and
inserting ``section 236''.
CHAPTER 2--TRAINING, OTHER REEMPLOYMENT SERVICES, AND ALLOWANCES
SEC. 121. REEMPLOYMENT SERVICES.
(a) In General.--Section 235 of the Trade Act of 1974 (19 U.S.C.
2295) is amended--
(1) in the heading, by striking ``employment'' and
inserting ``reemployment'';
(2) by striking ``The Secretary'' the first place it
appears and inserting ``(a) The Secretary'';
(3) by striking ``counseling, testing, and placement
services, and supportive and other services'' and inserting
``career counseling, testing and assessments, and job placement
services, and supportive and other services''; and
(4) by adding at the end the following new subsection:
``(b) In order to facilitate the provision of services described in
subsection (a), the Secretary shall ensure the effective implementation
of the requirements of section 239(e) relating to the co-enrollment of
adversely affected workers in the dislocated worker program authorized
under chapter 5 of subtitle B of title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2861 et seq.).''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Trade Act of 1974 is amended by striking the heading relating to part
II of subchapter B of chapter 2 of title II of the Trade Act of 1974
and the item relating to section 235 of such Act and inserting the
following:
``Part II--Training, Other Reemployment Services, and Allowances
``Sec. 235. Reemployment services.''.
SEC. 122. TRAINING.
(a) In General.--Section 236 of the Trade Act of 1974 (19 U.S.C.
2296) is amended to read as follows:
``SEC. 236. TRAINING.
``(a) Approval of Training.--
``(1) In general.--If the Secretary determines that an
adversely affected worker, including an adversely affected
worker who has obtained reemployment subsequent to separation
from the adversely affected employment, or an adversely
affected incumbent worker, meets the criteria described in
paragraph (2), and otherwise meets the requirements described
under this section, the Secretary shall approve the training
program requested by the worker. Upon such approval, the worker
shall be entitled to have payment of the costs of such training
(subject to the limitations imposed by this section) paid on
the worker's behalf by the Secretary directly or through a
voucher system. The costs of such training shall include the
costs of tuition, books, required tools, and fees related to
education, licensing, or certification.
``(2) Criteria for approval of training program.--For
purposes of paragraph (1), training for an adversely affected
worker or an adversely affected incumbent worker, shall be
approved if the Secretary determines that--
``(A) the worker needs additional marketable skills
to obtain or retain employment comparable to the
worker's adversely affected employment;
``(B) there is a reasonable expectation of such
employment following the completion of the training;
and
``(C) the worker is qualified to undertake and
complete the training sought.
``(3) Enrollment deadline.--
``(A) In general.--In order to receive assistance
under this section, a worker shall enroll in a training
program approved under paragraph (1) not later than the
later of--
``(i) the last day of the 39th week after
the worker's most recent separation from
adversely affected employment which meets the
requirements of paragraphs (1) and (2) of
section 231(a); or
``(ii) the last day of the 13th week after
the week in which the Secretary issues a
certification under subchapter A covering such
worker.
``(B) Extension for justifiable cause.--The
Secretary may grant an extension of the enrollment
period described in subparagraph (A) for a worker if
the Secretary determines that there is justifiable
cause for such an extension.
``(b) Funding for Training.--
``(1) Annual limit on aggregate payments under program.--
``(A) In general.--The total amount of payments
that may be made under subsection (a)(1) for any fiscal
year shall not exceed $220,000,000.
``(B) Apportionment among states.--The Secretary
shall establish a method for apportioning among States
the funds that are available for training under this
chapter in any fiscal year. Such method may include the
use of formula allotments and reallotments, and the
establishment of a reserve that is used to assist in
apportioning funds to those States in need of
additional funding during the fiscal year.
``(2) Limitations applicable to workers.--
``(A) Duration.--Subject to subparagraph (C), the
costs of a training program approved under subsection
(a)(1) for an adversely affected worker or an adversely
affected incumbent worker shall be paid under this
section for a period not to exceed four years from the
date the worker first enrolled in the training program.
A worker may participate in such training program
during such period on a full-time or part-time basis.
During the period of participation the worker shall
make adequate yearly progress, as determined by the
Secretary, toward the attainment of a license,
certificate, or degree pursuant to such training
program in order to remain eligible for assistance
under this section.
``(B) Amount.--Subject to subparagraph (C), the
payments for a training program under subsection (a)(1)
for a worker may not exceed $4,000 for any one-year
period, or a total of $8,000 over the maximum four-year
period described in subparagraph (A).
``(C) Exceptions.--
``(i) Literacy training and
prerequisites.--If the Secretary determines
that an adversely affected worker or an
adversely affected incumbent worker needs
literacy training, English as a second language
instruction, remedial education, educational
assistance to obtain a high school diploma or
General Equivalency Degree, or prerequisites in
order to participate in a training program for
occupations in demand, the Secretary shall
approve the provision of such activities and
provide up to $1,000 in payments for such
activities. Such payments shall not be included
for purposes of applying the limits on payments
described in subparagraph (B).
``(ii) On-the-job training.--The provisions
of subparagraphs (A) and (B) shall not be
applicable to on-the-job training programs,
except as provided in subsection (f)(2).
``(3) Duplicative payments prohibited.--No payment may be
made under subsection (a)(1) of the costs of training an
adversely affected worker or an adversely affected incumbent
worker if such costs are payable or have already been paid
under any other provision of Federal law.
``(4) Report.--
``(A) In general.--Not later than May 31 and
November 30 of each year, 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 on--
``(i) the initial allocation among States
of funds for training approved under this
section;
``(ii) any additional distributions of
funds for training approved under this section
during the two most recent fiscal quarters and
cumulatively during the fiscal year;
``(iii) the amount of funds obligated and
expended by the States to provide training
approved under this section during the two most
recent fiscal quarters and cumulatively during
the fiscal year; and
``(iv) the efforts of the Department of
Labor to ensure that each State receives an
appropriate level of funds during the fiscal
year to provide training approved under this
section to all eligible workers.
``(B) Definition.--In this paragraph, the term
`fiscal quarter' means any 3-month period beginning on
October 1, January 1, April 1, or July 1 of a fiscal
year.
``(c) Training Programs That May Be Approved.--The training
programs that may be approved under subsection (a) include--
``(1) employer-based training, including--
``(A) on-the-job training;
``(B) customized training; and
``(C) apprenticeship programs registered under the
National Apprenticeship Act (29 U.S.C. 50 et seq.);
``(2) a training program that leads to a license,
certificate, or degree and is linked to occupations in demand,
which may include training provided in classroom, distance
learning, and technology-based learning;
``(3) a training program that has been determined by a
State to be eligible to receive payments under section 122 of
the Workforce Investment Act of 1998 (29 U.S.C. 2842);
``(4) a program of remedial education that will enable a
worker to obtain employment or to enroll in a training program
described in paragraph (2) or (3); and
``(5) a training program for which all, or any portion, of
the costs of training the worker are paid--
``(A) under any Federal or State program other than
this chapter; or
``(B) from any source other than this section.
``(d) Sharing of Costs.--
``(1) In general.--The Secretary is not required under
subsection (a) to pay the costs of any training approved under
such subsection to the extent that such costs are paid--
``(A) under any Federal or State program other than
this chapter; or
``(B) from any source other than this section.
``(2) Cost-sharing agreement.--Before approving any
training to which paragraph (1) may apply, the Secretary may
require that the adversely affected worker or the adversely
affected incumbent worker enter into an agreement with the
Secretary under which the Secretary will not be required to pay
under this section the portion of the costs of such training
that the worker has reason to believe will be paid under the
program, or by the source, described in subparagraph (A) or (B)
of paragraph (1).
``(e) Supplemental Assistance.--
``(1) In general.--The Secretary may, where appropriate,
authorize supplemental assistance necessary to defray
reasonable transportation and subsistence expenses for separate
maintenance when training is provided in facilities that are
not within commuting distance of a worker's regular place of
residence.
``(2) Limitations.--The Secretary may not authorize--
``(A) payments for subsistence that exceed
whichever is the lesser of--
``(i) the actual per diem expenses for
subsistence; or
``(ii) payments at 50 percent of the
prevailing per diem allowance rate authorized
under the Federal travel regulations; or
``(B) payments for travel expenses exceeding the
prevailing mileage rate authorized under the Federal
travel regulations.
``(f) Payment of Costs of On-the-Job Training.--
``(1) In general.--The Secretary shall pay the costs of any
on-the-job training of an adversely affected worker that is
approved under subsection (a)(l), but the Secretary may pay
such costs, notwithstanding any other provision of this
section, only if--
``(A) no currently employed worker is displaced by
such adversely affected worker (including partial
displacement such as a reduction in the hours of
nonovertime work, wages, or employment benefits);
``(B) such training does not impair existing
contracts for services or collective bargaining
agreements;
``(C) in the case of training which would be
inconsistent with the terms of a collective bargaining
agreement, the written concurrence of the labor
organization concerned has been obtained;
``(D) no other individual is on layoff from the
same, or any substantially equivalent, job for which
such adversely affected worker is being trained;
``(E) the employer has not terminated the
employment of any regular employee or otherwise reduced
the work force of the employer with the intention of
filling the vacancy so created by hiring such adversely
affected worker;
``(F) the job for which such adversely affected
worker is being trained is not being created in a
promotional line that will infringe in any way upon the
promotional opportunities of currently employed
individuals;
``(G) such training is not for the same occupation
from which the worker was separated and with respect to
which such worker's group was certified pursuant to
section 222;
``(H) the employer is provided reimbursement of not
more than 50 percent of the wage rate of the
participant, for the cost of providing the training and
additional supervision related to the training;
``(I) the duration of such training does not exceed
1 year; and
``(J) the employer has not received payment under
subsection (a)(1) with respect to any other on-the-job
training provided by such employer which failed to meet
the requirements of subparagraphs (A), (B), (C), (D),
(E), and (F).
``(2) Supplementary training.--An on-the-job training
program approved under this section may include, as a component
of such program, the provision of training with a provider
other than the employer that is not provided on-the-job and is
designed to enhance the occupational skills of the worker. The
costs of such training shall be subject to the limitation
described in subsection (b)(2)(B).
``(g) Effect of Approved Training on Eligibility for Unemployment
Compensation.--A worker may not be determined to be ineligible or
disqualified for unemployment insurance or program benefits under this
subchapter because the individual is in training approved under
subsection (a), because of leaving work which is not comparable
employment to enter such training, or because of the application to any
such week in training of provisions of State law or Federal
unemployment insurance law relating to availability for work, active
search for work, or refusal to accept work.
``(h) Definition.--In this section, the term `customized training'
means training that is--
``(1) designed to meet the special requirements of an
employer or group of employers;
``(2) conducted with a commitment by the employer or group
of employers to employ an individual upon successful completion
of the training; and
``(3) for which the employer pays for a significant portion
of the cost of such training, as determined by the
Secretary.''.
(b) Conforming Amendments.--Part II of subchapter B of chapter 2 of
title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended--
(1) in section 237(b)(2), by striking ``section 236(b)(1)
and (2)'' and inserting ``section 236''; and
(2) in subsections (b)(1) and (c)(2) of section 238, by
striking ``section 236(b)(1) and (2)'' each place it appears
and inserting ``section 236''.
SEC. 123. JOB SEARCH ALLOWANCES.
Section 237(a)(2) of the Trade Act of 1974 (19 U.S.C. 2297(a)(2))
is amended--
(1) in subparagraph (B), by striking ``suitable'' and
inserting ``comparable''; and
(2) in subparagraph (C)(ii), by striking ``, unless the
worker received a waiver under section 231(c)''.
SEC. 124. RELOCATION ALLOWANCES.
Section 238(a)(2) of the Trade Act of 1974 (19 U.S.C. 2298(a)(2))
is amended--
(1) in subparagraph (B), by striking ``suitable'' and
inserting ``comparable'';
(2) in subparagraph (D)--
(A) in the heading, by striking ``suitable'' and
inserting ``out-of-area''; and
(B) in clause (i) to read as follows:
``(i) has obtained employment affording a
reasonable expectation of long-term duration in
the area in which the worker wishes to relocate
and which provides wages that are substantially
greater than the wages for the employment that
is likely to be available to the worker in the
area from which the worker would be relocating;
and''; and
(3) in subparagraph (E)(ii), by striking ``, unless the
worker received a waiver under section 231(c)''.
Subtitle C--General Provisions
SEC. 131. AGREEMENTS WITH STATES.
(a) In General.--Subsection (a) of section 239 of the Trade Act of
1974 (19 U.S.C. 2311) is amended--
(1) in the matter preceding clause (1), by striking ``any
State agency'' and inserting ``a State agency'';
(2) in clause (2), to read as follows: ``(2) in accordance
with subsections (e) and (f), will afford adversely affected
workers testing and assessments, career counseling, referral to
training and job search programs, and job placement services,
and'';
(3) by striking clause (3); and
(4) by redesignating clause (4) as clause (3).
(b) Administration.--Subsection (e) of such section is amended--
(1) in the first sentence, to read as follows: ``Any
agreement entered into under this section shall provide for the
administration of the provision for reemployment services,
training, and supplemental assistance under sections 235 and
236 of this Act by the same State agency responsible for the
administration of the State workforce investment program funded
under title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.) and shall include such terms and
conditions as are established by the Secretary in consultation
with the States and set forth in such agreement.'';
(2) in the second sentence, by striking ``Any agency'' and
inserting ``The agency''; and
(3) by adding at the end the following new sentence: ``The
terms and conditions set forth in the agreement shall include
at a minimum that--
``(1) adversely affected workers applying for assistance
under this chapter shall be co-enrolled in the dislocated
worker program authorized under chapter 5 of subtitle B of
title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861
et seq.); and
``(2) the services provided under this chapter shall be
administered through the one-stop delivery system established
under title I of such Act (29 U.S.C. 2801 et seq.).''.
(c) Cooperating State Agency.--Subsection (f) of such section is
amended--
(1) in paragraph (2), by adding ``and'' at the end;
(2) by striking paragraph (3);
(3) by redesignating paragraph (4) as paragraph (3); and
(4) in paragraph (3) (as redesignated by paragraph (3) of this
subsection), by striking ``suitable''.
(d) Performance Accountability.--Such section is further amended by
adding at the end the following new subsection:
``(h) Performance Accountability.--
``(1) In general.--Any agreement entered into under this
section shall include performance measures that the cooperating
State or State agency is expected to achieve with respect to
the program carried out under this chapter. The performance
measures shall consist of indicators of performance and levels
of performance applicable to each indicator.
``(2) Indicators of performance.--The indicators of
performance shall be--
``(A) entry into employment;
``(B) retention in employment;
``(C) average earnings; and
``(D) such other indicators as the Secretary
determines are appropriate.
``(3) Levels of performance.--The levels of performance for
each State for the indicators of performance described in
paragraph (2) shall be determined by the Secretary, after
consultation with the State.
``(4) Performance reporting.--Any agreement shall also
include a requirement that the State annually report to the
Secretary the level of performance achieved with respect to
each indicator under the program carried out under this chapter
in the preceding fiscal year, and the State shall submit such
additional reports regarding the performance of programs as the
Secretary may require. The Secretary shall make the information
contained in the annual reports available to the general public
through publication on the Website of the Department of Labor
and other appropriate methods and shall provide copies of the
reports to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate. The
Secretary shall also publish on the Website of the Department
of Labor a list identifying those States that fail to submit
reports to the Secretary on a timely basis or fail to submit
accurate reports.''.
SEC. 132. AUTHORIZATION OF APPROPRIATIONS; INCENTIVE PAYMENTS TO
STATES.
(a) In General.--Subsection (a) of section 245 of the Trade Act of
1974 (19 U.S.C. 2317) is amended by striking ``December 31, 2007'' and
inserting ``September 30, 2012''.
(b) Incentive Payments to States.--Such section is further amended
by adding at the end the following new subsection:
``(c) Incentive Payments to States.--If, in the last quarter of any
fiscal year, the Secretary determines that the amount of funds needed
to make payments for the costs of training under this chapter for such
fiscal year will not reach the amount of the limitation described in
section 236(b)(1)(A) and funds appropriated to make payments for the
costs of such training remain available for obligation, the Secretary
may use not more than an amount equal to five percent of the amount of
the limitation described in such section 236(b)(1)(A) to award funds to
States that the Secretary determines have demonstrated exemplary
performance in carrying out the program under this chapter with respect
to exceeding the performance levels established pursuant to section
239(h) and with respect to such other factors as the Secretary
determines appropriate. Such funds shall be available to the States for
the purpose of enhancing the administration of the program which may
include improvements to management information systems, targeted
outreach, staff training, and enhanced services to participants.''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendment.--Such section is further amended
in the heading by inserting before the period at the end the
following: ``; incentive payments to states''.
(2) Clerical amendment.--The table of contents in section 1
of the Trade Act of 1974 is amended by striking the item
relating to section 245 and inserting the following:
``Sec. 245. Authorization of appropriations; incentive payments to
States.''.
SEC. 133. PHASE-OUT OF DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE
ADJUSTMENT ASSISTANCE FOR OLDER WORKERS.
Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1))
is amended by striking ``the date that is 5 years after the date under
which such program is implemented by the State'' and inserting
``September 30, 2008''.
SEC. 134. WAGE SUPPLEMENT PROGRAM.
(a) In General.--Chapter 2 of title II of the Trade Act of 1974 (19
U.S.C. 2271 et seq.) is amended by inserting after section 246 the
following new section:
``SEC. 246A. WAGE SUPPLEMENT PROGRAM.
``(a) Establishment.--Beginning on October 1, 2008, the Secretary
shall establish a program to provide the benefits described in
subsection (b) to an adversely affected worker who meets the
eligibility criteria described in subsection (c), including the
requirement that such worker be employed for the minimum number of
hours per week described in subsection (c)(3).
``(b) Benefits.--
``(1) Amount of payments.--A State shall use the funds
provided to the State under section 241 to pay an hourly wage
supplement to an eligible adversely affected worker for a
period not to exceed 2 years, in an amount equal to the
difference, if any (but not less than zero) resulting from
subtracting the amount described in paragraph (2)(B) from the
amount described in paragraph (2)(A).
``(2) Factors.--(A) For purposes of paragraph (1), the
amount described in this subparagraph is the sum of--
``(i) whichever is the highest of--
``(I) the hourly minimum wage that is
applicable to a worker under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.),
or if such worker is exempt under section 13 of
such Act (29 U.S.C. 213), the hourly minimum
wage that would be applicable if section
6(a)(1) of such Act (29 U.S.C. 206(a)(1)) were
applied; or
``(II) the applicable State or local hourly
minimum wage; and
``(ii) $2.40.
``(B) For purposes of paragraph (1), the amount described
in this subparagraph is the hourly wage actually paid to such
worker.
``(3) Health insurance eligibility.--A worker described in
subsection (c) who is participating in the program established
under subsection (a) is eligible to receive, for a period not
to exceed 2 years, a credit for health insurance costs to the
extent provided under section 35 of the Internal Revenue Code
of 1986.
``(c) Eligibility for Wage Supplement.--A worker in a group that
the Secretary has certified as eligible to apply for adjustment
assistance under section 223 may elect to receive the benefits
described in subsection (b) if such worker--
``(1) is covered by a certification under subchapter A of
this chapter;
``(2) meets the requirements of paragraphs (1) and (2) of
section 231(a));
``(3) is employed for an average of at least 30 hours per
week, which may include employment as part of an apprenticeship
program registered under the National Apprenticeship Act (20
U.S.C. 50 et seq.);
``(4) does not return to the employment from which the
worker was separated; and
``(5) has not received any payments under section 246 while
covered under the same certification as described in paragraph
(1).
``(d) Effect on Other Benefits.--A worker receiving payments under
this section shall not be eligible to receive other benefits under this
chapter except for training assistance provided under section 236
(provided that such worker otherwise meets the requirements of section
236) or the assistance described in subsection (b)(3). A worker may
receive payments under this section during breaks in training that
exceed the period described in section 233(e) if the worker otherwise
meets the requirements of this section.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Trade Act of 1974 is amended by inserting after the item relating to
section 246 the following:
``Sec. 246A. Wage supplement program.''.
SEC. 135. DEFINITIONS.
Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended by
adding at the end the following new paragraphs:
``(18) The term `comparable employment' means, with respect
to a worker, work of a substantially equal or higher skill
level than the worker's past adversely affected employment, and
wages for such work at not less than 80 percent of the worker's
average weekly wage.
``(19) The term `adversely affected incumbent worker' means
a worker who is a member of a group of workers who have been
certified as eligible to apply for adjustment assistance under
subchapter A and who has not been separated from adversely
affected employment.''.
SEC. 136. CAPACITY-BUILDING GRANTS TO ENHANCE TRAINING FOR WORKERS.
(a) In General.--Chapter 2 of title II of the Trade Act of 1974 (19
U.S.C. 2271 et seq.) is amended by adding at the end the following new
section:
``SEC. 250. CAPACITY-BUILDING GRANTS TO ENHANCE TRAINING FOR WORKERS.
``(a) In General.--The Secretary may award grants to eligible
entities described in subsection (b) to temporarily increase the
capacity of such entities, through the activities authorized under
subsection (c), to provide training to workers as provided for in
section 236.
``(b) Eligible Entities.--An eligible entity referred to in
subsection (a) is--
``(1) a community college (as such term is defined in
section 202(a)(2) of the Carl D. Perkins Vocational and Applied
Technology Education Amendments of 1998 (20 U.S.C. 2371(a)(2))
that provides training for occupations in demand; or
``(2) a provider of training for occupations in demand that
is eligible to receive funds under section 122 of the Workforce
Investment Act of 1998 (29 U.S.C. 2842).
``(c) Authorized Activities.--An eligible entity that is awarded a
grant under this section shall utilize funds under the grant to expand
available training slots and prepare adversely affected workers and
adversely affected incumbent workers under this chapter for occupations
in demand by conducting such activities as the Secretary may authorize,
including--
``(1) the development of education and training curricula,
which may be developed in consultation with employers of
incumbent workers, local workforce investment boards (as
defined in section 117 of the Workforce Investment Act of 1998
(29 U.S.C. 2832)), labor organizations that represent
individuals currently employed in occupations in demand for the
local area, regional economic development agencies, one-stop
operators (as defined in section 101(29) of such Act (29 U.S.C.
2801(29)), community-based organizations, or any other public
or private entity that is likely to employ or facilitate the
employment of adversely affected workers in occupations in
demand;
``(2) the hiring of additional faculty and staff;
``(3) the acquisition of new equipment or the upgrading of
existing equipment, which shall be necessary to facilitate the
teaching of job skills to adversely affected workers and
adversely affected incumbent workers; and
``(4) the development of a program to provide on-the-job
training experiences for adversely affected workers in
coordination with local employers that have committed to employ
adversely affected workers following successful completion of
the program.
``(d) Application.--
``(1) Requests for applications.--
``(A) By the secretary.--In each fiscal year, and
at such times as the Secretary may determine, the
Secretary may request applications from eligible
entities to carry out activities authorized under this
section.
``(B) By an eligible entity.--At any time, and in
such form and manner as the Secretary may prescribe, an
eligible entity may recommend that the Secretary
initiate a request for capacity building grant
applications if the eligible entity believes that there
has been or will be a sudden and significant shortage
of training slots available to adversely affected
workers and adversely affected incumbent workers in a
local area.
``(2) Information required for application.--To be eligible
to receive a grant under this section, an applicant shall
provide to the Secretary the following information in the
application:
``(A) A description of the factors in a local area
that have resulted or may result in a significant
increase in demand for training slots by adversely
affected workers and adversely affected incumbent
workers, which may include--
``(i) mass layoffs at firms that are
believed to employ a large number of adversely
affected workers;
``(ii) imminent closure or relocation of
facilities that are believed to employ a large
number of adversely affected workers; and
``(iii) prevailing labor market conditions
that may have an immediate, measurable adverse
employment impact on the employment of
adversely affected workers.
``(B) A description of the number of training slots
currently available to adversely affected workers and
adversely affected incumbent workers, and the number of
proposed additional slots to be made available using
funds under the grant.
``(C) A description of the potential number of
adversely affected workers and adversely affected
incumbent workers in the local area who would be able
to access increased training slots.
``(D) A description of the commitment made by local
employers, labor organizations, and other public or
private organizations to assist in the development of
training and related curricula for the benefit of
adversely affected workers and adversely affected
incumbent workers.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2008 through 2012.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Trade Act of 1974 is amended by inserting after the item relating to
section 249 the following:
``Sec. 250. Capacity-building grants to enhance training for
workers.''.
Subtitle D--Effective Date
SEC. 141. EFFECTIVE DATE.
The amendments made by this title shall take effect beginning 90
days after the date of the enactment of this Act.
TITLE II--OTHER TRADE ADJUSTMENT ASSISTANCE PROGRAMS AND RELATED
PROVISIONS
SEC. 201. TECHNICAL ASSISTANCE FOR FIRMS.
Section 253 of the Trade Act of 1974 (19 U.S.C. 2343) is amended by
adding at the end the following new subsections:
``(c)(1) Any grant made under subsection (b)(3) shall include
performance measures that an intermediary organization is expected to
achieve with respect to the program carried out under this chapter. The
performance measures shall consist of indicators of performance
described in paragraph (2) and levels of performance described in
paragraph (3) applicable to each such indicator of performance.
``(2) The indicators of performance referred to in paragraph (1)
are the following:
``(A) The extent to which outreach efforts effectively
apprise import-impacted firms likely to benefit from the
program about resources available under the program.
``(B) The extent to which firms receiving adjustment
assistance under section 252 meet or exceed targets to retain
or create employment.
``(C) The percentage of workers totally or partially
separated from employment that have returned to work or
returned to their previous level of employment.
``(D) The extent to which firms receiving adjustment
assistance under section 252 meet or exceed targets for
maintaining or increasing sales or production.
``(E) Such other indicators of performance as the Secretary
may determine are appropriate.
``(3) The levels of performance referred to in paragraph (1) shall
be determined by the Secretary, after consultation with the
intermediary organization. In reviewing an intermediary organization's
levels of performance, the Secretary shall take into consideration
economic conditions affecting the region served by the organization
that may affect that performance.
``(4)(A) Any grant made under subsection (b)(3) shall also include
a requirement that the intermediary organization submit to the
Secretary a report on an annual basis on the levels of performance
achieved with respect to each indicator of performance under the
program carried out under this chapter in the preceding fiscal year,
and such additional reports regarding such indicators of performance as
the Secretary may require.
``(B) The Secretary shall make the information contained in the
reports described in subparagraph (A) available to the general public
through publication on the Website of the Economic Development
Administration and other appropriate methods. The Secretary shall
provide copies of the reports described in subparagraph (A) to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
``(C) The Secretary shall also publish on the Website of the
Economic Development Administration a list that identifies those
intermediary organizations that fail to submit reports to the Secretary
in accordance with subparagraph (A) on a timely basis or fail to submit
accurate reports to the Secretary in accordance with subparagraph (A).
``(d) At least once every three years, the Secretary shall provide
for an independent evaluation of each intermediary organization
receiving assistance under this section to assess the intermediary
organization's performance and contribution toward retention and
creation of employment. The purpose of the evaluations shall be to
determine which intermediary organizations are performing well and
merit continued assistance under this section and which intermediary
organizations should not receive continued assistance under this
section, so that other universities and intermediary organizations that
have not previously received assistance under this section may
participate in the program carried out under this chapter.''.
SEC. 202. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.
Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is
amended--
(1) by striking ``and $4,000,000'' and inserting
``$4,000,000''; and
(2) by inserting after ``October 1, 2007,'' the following:
``$15,000,000 for the 9-month period beginning on January 1,
2008, and $19,000,000 for each of the fiscal years 2009 through
2012,''.
SEC. 203. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.
Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is
amended by adding at the end the following new sentence: ``There are
authorized to be appropriated to the Department of Agriculture to carry
out this chapter $81,000,000 for the 9-month period beginning on
January 1, 2008, and $90,000,000 for each of the fiscal years 2009
through 2012.''.
SEC. 204. JUDICIAL REVIEW.
(a) In General.--Section 284(a) of the Trade Act of 1974 (19 U.S.C.
2395(a)) is amended in the first sentence--
(1) by striking ``or authorized representative'' and
inserting ``or other duly authorized representative'';
(2) by striking ``aggrieved'' and inserting ``, or any of
the individuals or entities described in section 221(a)(1)(C),
aggrieved (or on behalf of such workers aggrieved)''; and
(3) by striking ``section 223'' and inserting ``section
226''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect beginning 90 days after the date of the enactment of this
Act.
SEC. 205. TERMINATION.
Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is
amended by striking ``December 31, 2007'' each place it appears and
inserting ``September 30, 2012''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. CREDIT REDUCTION FOR FAILURES RELATING TO CO-ENROLLMENT OF
PARTICIPANTS AND PROGRAM PERFORMANCE REPORTS.
(a) In General.--Paragraph (3) of section 3302(c) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``(3) If'' and inserting ``(3) (A) Except
as provided in subparagraph (B), if'',
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and
(3) by adding at the end the following new subparagraph:
``(B) If the Secretary of Labor determines that a State, or
State agency, failed to meet the requirements of subsections
(e)(1) (relating to the co-enrollment of participants) or
(h)(3) (relating to the submission of reports on program
performance) of section 239 of the Trade Act of 1974, the
Secretary of Labor may direct that, in the case of a taxpayer
subject to the unemployment compensation law of such State, the
total credits (after applying subsections (a) and (b) and
paragraphs (1) and (2) of this section) otherwise allowable
under this section for a year during which such State or agency
fails to meet those requirements shall (in lieu of reduction
under subparagraph (A)) be reduced by 3 percent of the tax
imposed with respect to wages paid by such taxpayer during such
year which are attributable to such State.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after September 30, 2008.
SEC. 302. TAA WAGE SUPPLEMENT PARTICIPANTS ELIGIBILITY FOR CREDIT FOR
HEALTH INSURANCE COSTS.
(a) Eligibility.--Paragraph (1) of section 35(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (B), by striking the period at the end of subparagraph (C)
and inserting ``, and'', and by adding after subparagraph (C) the
following:
``(D) an eligible TAA wage supplement recipient.''.
(b) Eligible TAA Wage Supplement Recipient Defined.--Subsection (c)
of section 35 of such Code is amended by adding after paragraph (4) the
following:
``(5) Eligible taa wage supplement recipient.--The term
`eligible TAA wage supplement recipient' means, with respect to
any month, any individual who--
``(A) is a worker described in section 246A(c) of
the Trade Act of 1974 who is participating in the wage
supplement program established under section 246A(a) of
such Act, and
``(B) is receiving a benefit for such month under
section 246A(b) of such Act.
An individual shall continue to be treated as an eligible TAA
wage supplement recipient during the first month that such
individual would otherwise cease to be an eligible TAA wage
supplement recipient by reason of the preceding sentence.''.
(c) Qualified Health Insurance.--Subparagraph (J) of section
35(e)(1) of such Code is amended by striking ``or'' at the end of
clause (ii), by striking the period at the end of clause (iii) and
inserting ``, or'', and by inserting after clause (iii) the following:
``(iv) in the case of an eligible TAA wage
supplement recipient, the benefit described in
subsection (c)(5)(B).''.
(d) Subsidized Coverage.--Subparagraph (B) of section 35(f)(1) of
such Code is amended --
(1) by inserting ``or an eligible TAA wage supplement
recipient'' after ``eligible alternative TAA recipient'' in the
matter preceding clause (i), and
(2) by inserting ``or eligible taa wage supplement
recipients'' after ``eligible alternative taa recipients'' in
the heading.
(e) Advance Payment of HCTC.--Paragraph (1) of section 7527(d) of
such Code is amended by striking ``or an eligible alternative TAA
recipient (as defined in section 35(c)(3))'' and inserting ``, an
eligible alternative TAA recipient (as defined in section 35(c)(3)), or
an eligible TAA wage supplement recipient (as defined in section
35(c)(5))''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
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