American Recovery and Reinvestment Act of 2009/Division B/Title I/Subtitle I/Part I

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Contents

PART I—TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Subpart A—Trade Adjustment Assistance for Service Sector Workers[edit]

SEC. 1801. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICE SECTOR AND PUBLIC AGENCY WORKERS; SHIFTS IN PRODUCTION.[edit]

(a) Definitions.—
Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended—
(1) in paragraph (1)—
(A) by striking "or appropriate subdivision of a firm"; and
(B) by striking "or subdivision";
(2) in paragraph (2), by striking "employment—" and all that follows and inserting "employment, has been totally or partially separated from such employment.";
(3) by inserting after paragraph (2) the following:
"(3) Subject to section 222(d)(5), the term `firm' means—
"(A) a firm, including an agricultural firm, service sector firm, or public agency; or
"(B) an appropriate subdivision thereof.";
(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, or a subdivision thereof.";
(5) in paragraph (11), by striking ", or in a subdivision of which,"; and
(6) by adding at the end the following:
"(18) The term `service sector firm' means a firm engaged in the business of supplying services.".
(b) Group Eligibility Requirements.—
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended—
(1) in subsection (a)(2)—
(A) by amending subparagraph (A)(ii) to read as follows:
"(ii)(I) imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased;
"(II) imports of articles like or directly competitive with articles—
"(aa) into which one or more component parts produced by such firm are directly incorporated, or
"(bb) which are produced directly using services supplied by such firm,
have increased; or
"(III) imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased; and"; and
(B) by amending subparagraph (B) to read as follows:
"(B)(i)(I) there has been a shift by such workers' firm to a foreign country in the production of articles or the supply of services like or directly competitive with articles which are produced or services which are supplied by such firm; or
"(II) such workers' firm has acquired from a foreign country articles or services that are like or directly competitive with articles which are produced or services which are supplied by such firm; and
"(ii) the shift described in clause (i)(I) or the acquisition of articles or services described in clause (i)(II) contributed importantly to such workers' separation or threat of separation.";
(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
"(b) Adversely Affected Workers in Public Agencies.—A group of workers in a public agency shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that—
"(1) a significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated;
"(2) the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and
"(3) the acquisition of services described in paragraph (2) contributed importantly to such workers' separation or threat of separation.".
(c) Basis for Secretary's Determinations.—
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended, is further amended by adding at the end the following:
"(e) Basis for Secretary's Determinations.—
"(1) In general.—The Secretary shall, in determining whether to certify a group of workers under section 223, obtain from the workers' firm, or a customer of the workers' firm, information the Secretary determines to be necessary to make the certification, through questionnaires and in such other manner as the Secretary determines appropriate.
"(2) Additional information.—The Secretary may seek additional information to determine whether to certify a group of workers under subsection (a), (b), or (c)—
"(A) by contacting—
"(i) officials or employees of the workers' firm;
"(ii) officials of customers of the workers' firm;
"(iii) officials of certified or recognized unions or other duly authorized representatives of the group of workers; or
"(iv) one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); or
"(B) by using other available sources of information.
"(3) Verification of information.—
"(A) Certification.—The Secretary shall require a firm or customer to certify—
"(i) all information obtained under paragraph (1) from the firm or customer (as the case may be) through questionnaires; and
"(ii) all other information obtained under paragraph (1) from the firm or customer (as the case may be) on which the Secretary relies in making a determination under section 223, unless the Secretary has a reasonable basis for determining that such information is accurate and complete without being certified.
"(B) Use of subpoenas.—The Secretary shall require the workers' firm or a customer of the workers' firm to provide information requested by the Secretary under paragraph (1) by subpoena pursuant to section 249 if the firm or customer (as the case may be) fails to provide the information within 20 days after the date of the Secretary's request, unless the firm or customer (as the case may be) demonstrates to the satisfaction of the Secretary that the firm or customer (as the case may be) will provide the information within a reasonable period of time.
"(C) Protection of confidential information.—The Secretary may not release information obtained under paragraph (1) that the Secretary considers to be confidential business information unless the firm or customer (as the case may be) submitting the confidential business information had notice, at the time of submission, that the information would be released by the Secretary, or the firm or customer (as the case may be) subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court.".
(d) Penalties.—
Section 244 of the Trade Act of 1974 (19 U.S.C. 2316) is amended to read as follows:
"SEC. 244. PENALTIES.
"Any person who—
"(1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for that person or for any other person any payment authorized to be furnished under this chapter or pursuant to an agreement under section 239, or
"(2) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Secretary during an investigation of a petition under section 221, shall be imprisoned for not more than one year, or fined under title 18, United States Code, or both.".
(e) Conforming Amendments.—
(1) Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is amended—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A)—
(I) by striking "Secretary" and inserting "Secretary of Labor"; and
(II) by striking "or subdivision" and inserting "(as defined in section 247)"; and
(ii) in subparagraph (A), by striking "(including workers in an agricultural firm or subdivision of any agricultural firm)";
(B) in paragraph (2)(A), by striking "rapid response assistance" and inserting "rapid response activities"; and
(C) in paragraph (3), by inserting "and on the website of the Department of Labor" after "Federal Register".
(2) Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended, is further amended—
(A) by striking "(including workers in any agricultural firm or subdivision of an agricultural firm)" each place it appears;
(B) in subsection (a)—
(i) in paragraph (1), by striking ", or an appropriate subdivision of the firm,"; and
(ii) in paragraph (2), by striking "or subdivision" each place it appears;
(C) in subsection (c) (as redesignated)—
(i) in paragraph (2)—
(I) by striking "(or subdivision)" each place it appears;
(II) by inserting "or service" after "the article"; and
(III) by striking "(c) (3)" and inserting "(d) (3)"; and
(ii) in paragraph (3), by striking "(or subdivision)" each place it appears; and
(D) in subsection (d) (as redesignated)—
(i) by striking "For purposes" and inserting "Definitions.—For purposes";
(ii) in paragraph (2), by striking ", or appropriate subdivision of a firm," each place it appears;
(iii) by amending paragraph (3) to read as follows:
"(3) Downstream producer.—
"(A) In general.—The term `downstream producer' means a firm that performs additional, value-added production processes or services directly for another firm for articles or services with respect to which a group of workers in such other firm has been certified under subsection (a).
"(B) Value-added production processes or services.—For purposes of subparagraph (A), value-added production processes or services include final assembly, finishing, testing, packaging, or maintenance or transportation services.";
(iv) in paragraph (4)—
(I) by striking "(or subdivision)"; and
(II) by inserting ", or services, used in the production of articles or in the supply of services, as the case may be," after "for articles"; and
(v) by adding at the end the following:
"(5) Reference to firm.—For purposes of subsection (a), the term `firm' does not include a public agency.".
(3) Section 231(a)(2) of the Trade Act of 1974 (19 U.S.C. 2291(a)(2)) is amended—
(A) in the matter preceding subparagraph (A), by striking "or subdivision of a firm"; and
(B) in subparagraph (C), by striking "or subdivision".

SEC. 1802. SEPARATE BASIS FOR CERTIFICATION.[edit]

Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended, is further amended by adding at the end the following:
"(f) Firms Identified by the International Trade Commission.— Notwithstanding any other provision of this chapter, a group of workers covered by a petition filed under section 221 shall be certified under subsection (a) as eligible to apply for adjustment assistance under this chapter if—
"(1) the workers' firm is publicly identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in—
"(A) an affirmative determination of serious injury or threat thereof under section 202(b)(1);
"(B) an affirmative determination of market disruption or threat thereof under section 421(b)(1); or
"(C) an affirmative final determination of material injury or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
"(2) the petition is filed during the one-year period beginning on the date on which—
"(A) a summary of the report submitted to the President by the International Trade Commission under section 202(f)(1) with respect to the affirmative determination described in paragraph (1)(A) is published in the Federal Register under section 202(f)(3); or
"(B) notice of an affirmative determination described in subparagraph (B) or (C) of paragraph (1) is published in the Federal Register; and
"(3) the workers have become totally or partially separated from the workers' firm within—
"(A) the one-year period described in paragraph (2); or
"(B) notwithstanding section 223(b), the one-year period preceding the one-year period described in paragraph (2).".

SEC. 1803. DETERMINATIONS BY SECRETARY OF LABOR.[edit]

Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended—
(1) in subsection (b), by striking "or appropriate subdivision of the firm before his application" and all that follows and inserting "before the worker's application under section 231 occurred more than one year before the date of the petition on which such certification was granted.";
(2) in subsection (c), by striking "together with his reasons" and inserting "and on the website of the Department of Labor, together with the Secretary's reasons";
(3) in subsection (d)—
(A) by striking "or subdivision of the firm" and all that follows through "he shall" and inserting ", that total or partial separations from such firm are no longer attributable to the conditions specified in section 222, the Secretary shall"; and
(B) by striking "together with his reasons" and inserting "and on the website of the Department of Labor, together with the Secretary's reasons"; and
(4) by adding at the end the following:
"(e) Standards for Investigations and Determinations.—
"(1) In general.—The Secretary shall establish standards, including data requirements, for investigations of petitions filed under section 221 and criteria for making determinations under subsection (a).
"(2) Consultations.—Not less than 90 days before issuing a final rule with respect to the standards required under paragraph (1), the Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to such rule.".

SEC. 1804. MONITORING AND REPORTING RELATING TO SERVICE SECTOR.[edit]

(a) In General.—
Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended—
(1) in the heading, by striking "system" and inserting "and data collection";
(2) 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 supply of services" after "domestic production";
(D) by inserting "or supplying services" after "producing articles"; and
(E) by inserting ", or supply of services," after "changes in production"; and
(3) by adding at the end the following:
"(b) Collection of Data and Reports on Service Sector.—
"(1) Secretary of labor.—Not later than 90 days after the date of the enactment of this subsection, the Secretary of Labor shall implement a system to collect data on adversely affected workers employed in the service sector that includes the number of workers by State and industry, and by the cause of the dislocation of each worker, as identified in the certification.
"(2) Secretary of commerce.—Not later than 1 year after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report 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 acquiring services from firms in foreign countries.".
(b) Clerical Amendment.—
The table of contents of the Trade Act of 1974 is amended by striking the item relating to section 282 and inserting the following:
"Sec. 282. Trade monitoring and data collection.".
(c) Effective Date.—
The amendments made by this section shall take effect on the date of the enactment of this Act.

Subpart B—Industry Notifications Following Certain Affirmative Determinations[edit]

SEC. 1811. NOTIFICATIONS FOLLOWING CERTAIN AFFIRMATIVE DETERMINATIONS.[edit]

(a) In General.—
Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended—
(1) by amending the heading to read as follows:
"SEC. 224. STUDY AND NOTIFICATIONS REGARDING CERTAIN AFFIRMATIVE DETERMINATIONS; INDUSTRY NOTIFICATION OF ASSISTANCE.";
(2) in subsection (a), by striking "Whenever" and inserting "Study of Domestic Industry.—Whenever";
(3) in subsection (b)—
(A) by striking "The report" and inserting "Report by the Secretary.—The report"; and
(B) by inserting "and on the website of the Department of Labor" after "Federal Register"; and
(4) by adding at the end the following:
"(c) Notifications Following Affirmative Global Safeguard Determinations.—Upon making an affirmative determination under section 202(b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination.
"(d) Notifications Following Affirmative Bilateral or Plurilateral Safeguard Determinations.—
"(1) Notifications of determinations of market disruption.—
"Upon making an affirmative determination under section 421(b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination.
"(2) Notifications regarding trade agreement safeguards.—Upon making an affirmative determination in a proceeding initiated under an applicable safeguard provision (other than a provision described in paragraph (3)) that is enacted to implement a trade agreement to which the United States is a party, the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination.
"(3) Notifications regarding textile and apparel safeguards.—
Upon making an affirmative determination in a proceeding initiated under any safeguard provision relating to textile and apparel articles that is enacted to implement a trade agreement to which the United States is a party, the President shall promptly notify the Secretary of Labor and the Secretary of Commerce of the determination.
"(e) Notifications Following Certain Affirmative Determinations Under Title Vii of the Tariff Act of 1930.—Upon making an affirmative determination under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination.
"(f) Industry Notification of Assistance.—Upon receiving a notification of a determination under subsection (c), (d), or (e) with respect to a domestic industry—
"(1) the Secretary of Labor shall—
"(A) notify the representatives of the domestic industry affected by the determination, firms publicly identified by name during the course of the proceeding relating to the determination, and any certified or recognized union or, to the extent practicable, other duly authorized representative of workers employed by such representatives of the domestic industry, of—
"(i) the allowances, training, employment services, and other benefits available under this chapter;
"(ii) the manner in which to file a petition and apply for such benefits; and
"(iii) the availability of assistance in filing such petitions;
"(B) notify the Governor of each State in which one or more firms in the industry described in subparagraph (A) are located of the Commission's determination and the identity of the firms; and
"(C) upon request, provide any assistance that is necessary to file a petition under section 221;
"(2) the Secretary of Commerce shall—
"(A) notify the representatives of the domestic industry affected by the determination and any firms publicly identified by name during the course of the proceeding relating to the determination of—
"(i) the benefits available under chapter 3;
"(ii) the manner in which to file a petition and apply for such benefits; and
"(iii) the availability of assistance in filing such petitions; and
"(B) upon request, provide any assistance that is necessary to file a petition under section 251; and
"(3) in the case of an affirmative determination based upon imports of an agricultural commodity, the Secretary of Agriculture shall—
"(A) notify representatives of the domestic industry affected by the determination and any agricultural commodity producers publicly identified by name during the course of the proceeding relating to the determination of—
"(i) the benefits available under chapter 6;
"(ii) the manner in which to file a petition and apply for such benefits; and
"(iii) the availability of assistance in filing such petitions; and
"(B) upon request, provide any assistance that is necessary to file a petition under section 292.
"(g) Representatives of the Domestic Industry.—For purposes of subsection (f), the term `representatives of the domestic industry' means the persons that petitioned for relief in connection with—
"(1) a proceeding under section 202 or 421 of this Act;
"(2) a proceeding under section 702(b) or 732(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)); or
"(3) any safeguard investigation described in subsection (d)(2) or (d)(3).".
(b) Clerical Amendment.—
The table of contents of the Trade Act of 1974 is amended by striking the item relating to section 224 and inserting the following:
"Sec. 224. Study and notifications regarding certain affirmative determinations; industry notification of assistance.".

SEC. 1812. NOTIFICATION TO SECRETARY OF COMMERCE.[edit]

Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is amended by adding at the end the following:
"(c) Upon issuing a certification under section 223, the Secretary shall notify the Secretary of Commerce of the identity of each firm covered by the certification.".

Subpart C—Program Benefits[edit]

SEC. 1821. QUALIFYING REQUIREMENTS FOR WORKERS.[edit]

(a) In General.—
Section 231(a)(5)(A)(ii) of the Trade Act of 1974 (19 U.S.C. 2291 (a)(5)(A)(ii)) is amended—
(1) by striking subclauses (I) and (II) and inserting the following:
"(I) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs after the date on which the Secretary issues a certification covering the worker, the last day of the 26th week after such total separation,
"(II) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs before the date on which the Secretary issues a certification covering the worker, the last day of the 26th week after the date of such certification,";
(2) in subclause (III)—
(A) by striking "later of the dates specified in subclause (I) or (II)" and inserting "date specified in subclause (I) or (II), as the case may be"; and
(B) by striking "or" at the end;
(3) by redesignating subclause (IV) as subclause (V); and
(4) by inserting after subclause (III) the following:
"(IV) in the case of a worker who fails to enroll by the date required by subclause (I), (II), or (III), as the case may be, due to the failure to provide the worker with timely information regarding the date specified in such subclause, the last day of a period determined by the Secretary, or".
(b) Waivers of Training Requirements.—
Section 231(c) of the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended—
(1) in paragraph (1)(B)—
(A) by striking "The worker possesses" and inserting the following:
"(i) In general.—The worker possesses"; and
(B) by adding at the end the following:
"(ii) Marketable skills defined.—For purposes of clause (i), the term `marketable skills' may include the possession of a postgraduate degree from an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) or an equivalent institution, or the possession of an equivalent postgraduate certification in a specialized field.";
(2) in paragraph (2)(A), by striking "A waiver" and inserting "Except as provided in paragraph (3)(B), a waiver"; and
(3) in paragraph (3)—
(A) in subparagraph (A), by striking "Pursuant to an agreement under section 239, the Secretary may authorize a" and inserting "An agreement under section 239 shall authorize a";
(B) by redesignating subparagraph (B) as subparagraph (C); and
(C) by inserting after subparagraph (A) the following:
"(B) Review of waivers.—An agreement under section 239 shall require a cooperating State to review each waiver issued by the State under subparagraph (A), (B), (D), (E), or (F) of paragraph (1)—
"(i) 3 months after the date on which the State issues the waiver; and
"(ii) on a monthly basis thereafter.".
(c) Conforming Amendments.—
(1) Section 231 of the Trade Act of 1974 (19 U.S.C. 2291), as amended, is further amended—
(A) in subsection (a), in the matter preceding paragraph (1), by striking "more than 60 days" and all that follows through "section 221" and inserting "on or after the date of such certification"; and
(B) in subsection (b)—
(i) by striking paragraph (2); and
(ii) in paragraph (1)—
(I) by striking "(1)";
(II) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;
(III) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
(IV) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively.
(2) Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended—
(A) by striking subsection (b); and
(B) by redesignating subsections (c) through (g) as subsections (b) through (f), respectively.

SEC. 1822. WEEKLY AMOUNTS.[edit]

Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended—
(1) in subsection (a)—
(A) by striking "subsections (b) and (c)" and inserting "subsections (b), (c), and (d)";
(B) by striking "total unemployment" the first place it appears and inserting "unemployment"; and
(C) in paragraph (2), by inserting before the period the following: ", except that in the case of an adversely affected worker who is participating in training under this chapter, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker's first exhaustion of unemployment insurance (as determined for purposes of section 231(a)(3)(B))"; and
(2) by adding at the end the following:
"(d) Election of Trade Readjustment Allowance or Unemployment Insurance.—Notwithstanding section 231(a)(3)(B), an adversely affected worker may elect to receive a trade readjustment allowance instead of unemployment insurance during any week with respect to which the worker—
"(1) is entitled to receive unemployment insurance as a result of the establishment by the worker of a new benefit year under State law, based in whole or in part upon part-time or short-term employment in which the worker engaged after the worker's most recent total separation from adversely affected employment; and
"(2) is otherwise entitled to a trade readjustment allowance.".

SEC. 1823. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES; ALLOWANCES FOR EXTENDED TRAINING AND BREAKS IN TRAINING.[edit]

Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) is amended—
(1) in paragraph (2), by inserting "under paragraph (1)" after "trade readjustment allowance"; and
(2) in paragraph (3)—
(A) in the matter preceding subparagraph (A)—
(i) by striking "training approved for him" and inserting "a training program approved for the worker";
(ii) by striking "52 additional weeks" and inserting "78 additional weeks"; and
(iii) by striking "52-week" and inserting "91-week"; and
(B) in the matter following subparagraph (B), by striking "52-week" and inserting "91-week".

SEC. 1824. SPECIAL RULES FOR CALCULATION OF ELIGIBILITY PERIOD.[edit]

Section 233 of the Trade Act of 1974 (19 U.S.C. 2293), as amended, is further amended by adding at the end the following:
"(g) Special Rule for Calculating Separation.—Notwithstanding any other provision of this chapter, any period during which a judicial or administrative appeal is pending with respect to the denial by the Secretary of a petition under section 223 shall not be counted for purposes of calculating the period of separation under subsection (a)(2).
"(h) Special Rule for Justifiable Cause.—If the Secretary determines that there is justifiable cause, the Secretary may extend the period during which trade readjustment allowances are payable to an adversely affected worker under paragraphs (2) and (3) of subsection (a) (but not the maximum amounts of such allowances that are payable under this section).
"(i) Special Rule With Respect to Military Service.—
"(1) In general.—Notwithstanding any other provision of this chapter, the Secretary may waive any requirement of this chapter that the Secretary determines is necessary to ensure that an adversely affected worker who is a member of a reserve component of the Armed Forces and serves a period of duty described in paragraph (2) is eligible to receive a trade readjustment allowance, training, and other benefits under this chapter in the same manner and to the same extent as if the worker had not served the period of duty.
"(2) Period of duty described.—An adversely affected worker serves a period of duty described in this paragraph if, before completing training under section 236, the worker—
"(A) serves on active duty for a period of more than 30 days under a call or order to active duty of more than 30 days; or
"(B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performs full-time National Guard duty under section 502(f) of title 32, United States Code, for 30 consecutive days or more when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.".

SEC. 1825. APPLICATION OF STATE LAWS AND REGULATIONS ON GOOD CAUSE FOR WAIVER OF TIME LIMITS OR LATE FILING OF CLAIMS.[edit]

Section 234 of the Trade Act of 1974 (19 U.S.C. 2294) is amended—
(1) by striking "Except where inconsistent" and inserting "(a) In General.—Except where inconsistent"; and
(2) by adding at the end the following:
"(b) Special Rule With Respect to State Laws and Regulations on Good Cause for Waiver of Time Limits or Late Filing of Claims.—Any law, regulation, policy, or practice of a cooperating State that allows for a waiver for good cause of any time limitation relating to the administration of the State unemployment insurance law shall, in the administration of the program under this chapter by the State, apply to any time limitation with respect to an application for a trade readjustment allowance or enrollment in training under this chapter.".

SEC. 1826. EMPLOYMENT AND CASE MANAGEMENT SERVICES.[edit]

(a) In General.—
Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended to read as follows:
"SEC. 235. EMPLOYMENT AND CASE MANAGEMENT SERVICES.
"The Secretary shall make available, directly or through agreements with States under section 239, to adversely affected workers and adversely affected incumbent workers covered by a certification under subchapter A of this chapter the following employment and case management services:
"(1) Comprehensive and specialized assessment of skill levels and service needs, including through—
"(A) diagnostic testing and use of other assessment tools; and
"(B) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
"(2) Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives.
"(3) Information on training available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training.
"(4) Information on how to apply for financial aid, including referring workers to educational opportunity centers described in section 402F of the Higher Education Act of 1965 (20 U.S.C. 1070a-16), where applicable, and notifying workers that the workers may request financial aid administrators at institutions of higher education (as defined in section 102 of such Act (20 U.S.C. 1002)) to use the administrators' discretion under section 479A of such Act (20 U.S.C. 1087tt) to use current year income data, rather than preceding year income data, for determining the amount of need of the workers for Federal financial assistance under title IV of such Act (20 U.S.C. 1070 et seq.).
"(5) Short-term prevocational services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for employment or training.
"(6) Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving a trade adjustment allowance or training under this chapter, and after receiving such training for purposes of job placement.
"(7) Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including—
"(A) job vacancy listings in such labor market areas;
"(B) information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A);
"(C) information relating to local occupations that are in demand and earnings potential of such occupations; and
"(D) skills requirements for local occupations described in subparagraph (C).
"(8) Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training.".
(b) Clerical Amendment.—
The table of contents of the Trade Act of 1974 is amended by striking the item relating to section 235 and inserting the following:
"235. Employment and case management services.".

SEC. 1827. ADMINISTRATIVE EXPENSES AND EMPLOYMENT AND CASE MANAGEMENT SERVICES.[edit]

(a) In General.—
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 by inserting after section 235 the following:
"SEC. 235A. FUNDING FOR ADMINISTRATIVE EXPENSES AND EMPLOYMENT AND CASE MANAGEMENT SERVICES.
"(a) Funding for Administrative Expenses and Employment and Case Management Services.—
"(1) In general.—In addition to any funds made available to a State to carry out section 236 for a fiscal year, the State shall receive for the fiscal year a payment in an amount that is equal to 15 percent of the amount of such funds.
"(2) Use of funds.—A State that receives a payment under paragraph (1) shall—
"(A) use not more than \2/3\ of such payment for the administration of the trade adjustment assistance for workers program under this chapter, including for—
"(i) processing waivers of training requirements under section 231;
"(ii) collecting, validating, and reporting data required under this chapter; and
"(iii) providing reemployment trade adjustment assistance under section 246; and
"(B) use not less than \1/3\ of such payment for employment and case management services under section 235.
"(b) Additional Funding for Employment and Case Management Services.—
"(1) In general.—In addition to any funds made available to a State to carry out section 236 and the payment under subsection (a)(1) for a fiscal year, the Secretary shall provide to the State for the fiscal year a payment in the amount of $350,000.
"(2) Use of funds.—A State that receives a payment under paragraph (1) shall use such payment for the purpose of providing employment and case management services under section 235.
"(3) Voluntary return of funds.—A State that receives a payment under paragraph (1) may decline or otherwise return such payment to the Secretary.".
(b) Clerical Amendment.—
The table of contents of the Trade Act of 1974 is amended by inserting after the item relating to section 235 the following:
"Sec. 235A. Funding for administrative expenses and employment and case management services.".
(c) Effective Date.—
The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 1828. TRAINING FUNDING.[edit]

(a) In General.—
Section 236(a)(2) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)) is amended to read as follows:
"(2)(A) The total amount of payments that may be made under paragraph (1) shall not exceed—
"(i) for each of the fiscal years 2009 and 2010, $575,000,000; and
"(ii) for the period beginning October 1, 2010, and ending December 31, 2010, $143,750,000.
"(B)(i) The Secretary shall, as soon as practicable after the beginning of each fiscal year, make an initial distribution of the funds made available to carry out this section, in accordance with the requirements of subparagraph (C).
"(ii) The Secretary shall ensure that not less than 90 percent of the funds made available to carry out this section for a fiscal year are distributed to the States by not later than July 15 of that fiscal year.
"(C)(i) In making the initial distribution of funds pursuant to subparagraph (B)(i) for a fiscal year, the Secretary shall hold in reserve 35 percent of the funds made available to carry out this section for that fiscal year for additional distributions during the remainder of the fiscal year.
"(ii) Subject to clause (iii), in determining how to apportion the initial distribution of funds pursuant to subparagraph (B)(i) in a fiscal year, the Secretary shall take into account, with respect to each State—
"(I) the trend in the number of workers covered by certifications of eligibility under this chapter during the most recent 4 consecutive calendar quarters for which data are available;
"(II) the trend in the number of workers participating in training under this section during the most recent 4 consecutive calendar quarters for which data are available;
"(III) the number of workers estimated to be participating in training under this section during the fiscal year;
"(IV) the amount of funding estimated to be necessary to provide training approved under this section to such workers during the fiscal year; and
"(V) such other factors as the Secretary considers appropriate relating to the provision of training under this section.
"(iii) In no case may the amount of the initial distribution to a State pursuant to subparagraph (B)(i) in a fiscal year be less than 25 percent of the initial distribution to the State in the preceding fiscal year.
"(D) The Secretary shall establish procedures for the distribution of the funds that remain available for the fiscal year after the initial distribution required under subparagraph (B)(i). Such procedures may include the distribution of funds pursuant to requests submitted by States in need of such funds.
"(E) If, during a fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved under this section will exceed the dollar amount limitation specified in subparagraph (A), the Secretary shall decide how the amount of funds made available to carry out this section that have not been distributed at the time of the estimate will be apportioned among the States for the remainder of the fiscal year.".
(b) Determinations Regarding Training.—
Section 236(a)(9) of the Trade Act of 1974 (19 U.S.C. 2296(a)(9)) is amended—
(1) by striking "The Secretary" and inserting "(A) Subject to subparagraph (B), the Secretary"; and
(2) by adding at the end the following:
"(B)(i) In determining under paragraph (1)(E) whether a worker is qualified to undertake and complete training, the Secretary may approve training for a period longer than the worker's period of eligibility for trade readjustment allowances under part I if the worker demonstrates a financial ability to complete the training after the expiration of the worker's period of eligibility for such trade readjustment allowances.
"(ii) In determining the reasonable cost of training under paragraph (1)(F) with respect to a worker, the Secretary may consider whether other public or private funds are reasonably available to the worker, except that the Secretary may not require a worker to obtain such funds as a condition of approval of training under paragraph (1).".
(c) Regulations.—
Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended by adding at the end the following:
"(g) Regulations With Respect to Apportionment of Training Funds to States.—
"(1) In general.—Not later than 1 year after the date of the enactment of this subsection, the Secretary shall issue such regulations as may be necessary to carry out the provisions of subsection (a)(2).
"(2) Consultations.—The Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not less than 90 days before issuing any regulation pursuant to paragraph (1).".
(d) Effective Date.—
This section and the amendments made by this section shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act, except that—
(1) subparagraph (A) of section 236(a)(2) of the Trade Act of 1974, as amended by subsection (a) of this section, shall take effect on the date of the enactment of this Act; and
(2) subparagraphs (B), (C), and (D) of such section 236(a)(2) shall take effect on October 1, 2009.

SEC. 1829. PREREQUISITE EDUCATION; APPROVED TRAINING PROGRAMS.[edit]

(a) In General.—
Section 236(a)(5) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is amended—
(1) in subparagraph (A)—
(A) by striking "and" at the end of clause (i);
(B) by adding "and" at the end of clause (ii); and
(C) by inserting after clause (ii) the following:
"(iii) apprenticeship programs registered under the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.),";
(2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;
(3) by inserting after subparagraph (D) the following:
"(E) any program of prerequisite education or coursework required to enroll in training that may be approved under this section,";
(4) in subparagraph (F)(ii), as redesignated by paragraph (2), by striking "and" at the end;
(5) in subparagraph (G), as redesignated by paragraph (2), by striking the period at the end and inserting ", and"; and
(6) by adding at the end the following:
"(H) any training program or coursework at an accredited institution of higher education (described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), including a training program or coursework for the purpose of—
"(i) obtaining a degree or certification; or
"(ii) completing a degree or certification that the worker had previously begun at an accredited institution of higher education.
The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).".
(b) Conforming Amendments.—
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended—
(1) in subsection (a)(2), by inserting "prerequisite education or" after "requires a program of"; and
(2) in subsection (f) (as redesignated by section 1821(c) of this subtitle), by inserting "prerequisite education or" after "includes a program of".
(c) Technical Corrections.—
Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended—
(1) in subsection (a)—
(A) in paragraph (1), in the flush text, by striking "his behalf" and inserting "the worker's behalf"; and
(B) in paragraph (3), by striking "this paragraph (1)" and inserting "paragraph (1)"; and
(2) in subsection (b)(2), by striking ", and" and inserting a period.

SEC. 1830. PRE-LAYOFF AND PART-TIME TRAINING.[edit]

(a) Pre-Layoff Training.—
(1) In general.—
Section 236(a) of the Trade Act of 1974 (19 U.S.C. 2296(a)) is amended—
(A) in paragraph (1), by inserting after "determines" the following: ", with respect to an adversely affected worker or an adversely affected incumbent worker,";
(B) in paragraph (4)—
(i) in subparagraphs (A) and (B), by inserting "or an adversely affected incumbent worker" after "an adversely affected worker" each place it appears; and
(ii) in subparagraph (C), by inserting "or adversely affected incumbent worker" after "adversely affected worker" each place it appears;
(C) in paragraph (5), in the matter preceding subparagraph (A), by striking "The training programs" and inserting "Except as provided in paragraph (10), the training programs";
(D) in paragraph (6)(B), by inserting "or adversely affected incumbent worker" after "adversely affected worker";
(E) in paragraph (7)(B), by inserting "or adversely affected incumbent worker" after "adversely affected worker"; and
(F) by inserting after paragraph (9) the following:
"(10) In the case of an adversely affected incumbent worker, the Secretary may not approve—
"(A) on-the-job training under paragraph (5)(A)(i); or
"(B) customized training under paragraph (5)(A)(ii), unless such training is for a position other than the worker's adversely affected employment.
"(11) If the Secretary determines that an adversely affected incumbent worker for whom the Secretary approved training under this section is no longer threatened with a total or partial separation, the Secretary shall terminate the approval of such training.".
(2) Definitions.—
Section 247 of the Trade Act of 1974 (19 U.S.C. 2319), as amended, is further amended by adding at the end the following:
"(19) The term `adversely affected incumbent worker' means a worker who—
"(A) is a member of a group of workers who have been certified as eligible to apply for adjustment assistance under subchapter A;
"(B) has not been totally or partially separated from adversely affected employment; and
"(C) the Secretary determines, on an individual basis, is threatened with total or partial separation.".
(b) Part-Time Training.—
Section 236 of the Trade Act of 1974 (19 U.S.C. 2296), as amended, is further amended by adding at the end the following:
"(h) Part-Time Training.—
"(1) In general.—The Secretary may approve full-time or part-time training for a worker under subsection (a).
"(2) Limitation.—Notwithstanding paragraph (1), a worker participating in part-time training approved under subsection (a) may not receive a trade readjustment allowance under section 231.".

SEC. 1831. ON-THE-JOB TRAINING.[edit]

(a) In General.—
Section 236(c) of the Trade Act of 1974 (19 U.S.C. 2296(c)) is amended—
(1) by redesignating paragraphs (1) through (10) as subparagraphs (A) through (J) and moving such subparagraphs 2 ems to the right;
(2) by striking "(c) The Secretary shall" and all that follows through "such costs," and inserting the following:
"(c) On-the-Job Training Requirements.—
"(1) In general.—The Secretary may approve on-the-job training for any adversely affected worker if—
"(A) the worker meets the requirements for training to be approved under subsection (a)(1);
"(B) the Secretary determines that on-the-job training—
"(i) can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training;
"(ii) is compatible with the skills of the worker;
"(iii) includes a curriculum through which the worker will gain the knowledge or skills to become proficient in the job for which the worker is being trained; and
"(iv) can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and
"(C) the State determines that the on-the-job training program meets the requirements of clauses (iii) and (iv) of subparagraph (B).
"(2) Monthly payments.—The Secretary shall pay the costs of on-the-job training approved under paragraph (1) in monthly installments.
"(3) Contracts for on-the-job training.—
"(A) In general.—The Secretary shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements of the job for which the worker is being trained, the academic and occupational skill level of the worker, and the work experience of the worker are taken into consideration.
"(B) Term of contract.—Training under any such contract shall be limited to the period of time required for the worker receiving on-the-job training to become proficient in the job for which the worker is being trained, but may not exceed 104 weeks in any case.
"(4) Exclusion of certain employers.—The Secretary shall not enter into a contract for on-the-job training with an employer that exhibits a pattern of failing to provide workers receiving on-the-job training from the employer with—
"(A) continued, long-term employment as regular employees; and
"(B) wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees who have worked a similar period of time and are doing the same type of work as workers receiving on-the-job training from the employer.
"(5) Labor standards.—The Secretary may pay the costs of on-the-job training,"; and
(3) in paragraph (5), as redesignated—
(A) in subparagraph (I), as redesignated by paragraph (1) of this section, by striking "paragraphs (1), (2), (3), (4), (5), and (6)" and inserting "subparagraphs (A), (B), (C), (D), (E), and (F)"; and
(B) in subparagraph (J), as redesignated by paragraph (1) of this section, by striking "paragraph (8)" and inserting "subparagraph (H)".
(b) Repeal of Preference for Training on the Job.—
Section 236(a)(1) of the Trade Act of 1974 (19 U.S.C. 2296(a)(1)) is amended by striking the last sentence.

SEC. 1832. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE AND PROGRAM BENEFITS WHILE IN TRAINING.[edit]

Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is amended to read as follows:
"(d) Eligibility.—An adversely affected worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subchapter—
"(1) because the worker—
"(A) is enrolled in training approved under subsection (a);
"(B) left work—
"(i) that was not suitable employment in order to enroll in such training; or
"(ii) that the worker engaged in on a temporary basis during a break in such training or a delay in the commencement of such training; or
"(C) left on-the-job training not later than 30 days after commencing such training because the training did not meet the requirements of subsection (c)(1)(B); or
"(2) because of the application to any such week in training of the provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work.".

SEC. 1833. JOB SEARCH AND RELOCATION ALLOWANCES.[edit]

(a) Job Search Allowances.—
Section 237 of the Trade Act of 1974 (19 U.S.C. 2297) is amended—
(1) in subsection (a)(2)(C)(ii), by striking ", unless the worker received a waiver under section 231(c)"; and
(2) in subsection (b)—
(A) in paragraph (1), by striking "90 percent of the cost of" and inserting "all"; and
(B) in paragraph (2), by striking "$1,250" and inserting "$1,500".
(b) Relocation Allowances.—
Section 238 of the Trade Act of 1974 (19 U.S.C. 2298) is amended—
(1) in subsection (a)(2)(E)(ii), by striking ", unless the worker received a waiver under section 231(c)"; and
(2) in subsection (b)—
(A) in paragraph (1), by striking "90 percent of the" and inserting "all"; and
(B) in paragraph (2), by striking "$1,250" and inserting "$1,500".

Subpart D—Reemployment Trade Adjustment Assistance Program[edit]

SEC. 1841. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.[edit]

(a) In General.—
Section 246 of the Trade Act of 1974 (19 U.S.C. 2318) is amended—
(1) by amending the heading to read as follows:
"SEC. 246. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.";
(2) in subsection (a)—
(A) in paragraph (1)—
(i) by striking "Not later than" and all that follows through "2002, the Secretary" and inserting "The Secretary"; and
(ii) by striking "an alternative trade adjustment assistance program for older workers" and inserting "a reemployment trade adjustment assistance program";
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by striking "for a period not to exceed 2 years" and inserting "for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)"; and
(II) by striking clauses (i) and (ii) and inserting the following:
"(i) the wages received by the worker at the time of separation; and
"(ii) the wages received by the worker from reemployment.";
(ii) in subparagraph (B)—
(I) by striking "for a period not to exceed 2 years" and inserting "for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)"; and
(II) by striking ", as added by section 201 of the Trade Act of 2002"; and
(iii) by adding at the end the following:
"(C) Training and other services.—A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive training approved under section 236 and employment and case management services under section 235."; and
(C) by striking paragraphs (3) through (5) and inserting the following:
"(3) Eligibility.—
"(A) In general.—A group of workers certified under subchapter A as eligible for adjustment assistance under subchapter A is eligible for benefits described in paragraph (2) under the program established under paragraph (1).
"(B) Individual eligibility.—A worker in a group of workers described in subparagraph (A) may elect to receive benefits described in paragraph (2) under the program established under paragraph (1) if the worker—
"(i) is at least 50 years of age;
"(ii) earns not more than $55,000 each year in wages from reemployment;
"(iii)(I) is employed on a full-time basis as defined by the law of the State in which the worker is employed and is not enrolled in a training program approved under section 236; or
"(II) is employed at least 20 hours per week and is enrolled in a training program approved under section 236; and
"(iv) is not employed at the firm from which the worker was separated.
"(4) Eligibility period for payments.—
"(A) Worker who has not received trade readjustment allowance.—In the case of a worker described in paragraph (3)(B) who has not received a trade readjustment allowance under part I of subchapter B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period not to exceed 2 years beginning on the earlier of—
"(i) the date on which the worker exhausts all rights to unemployment insurance based on the separation of the worker from the adversely affected employment that is the basis of the certification; or
"(ii) the date on which the worker obtains reemployment described in paragraph (3)(B).
"(B) Worker who has received trade readjustment allowance.—In the case of a worker described in paragraph (3)(B) who has received a trade readjustment allowance under part I of subchapter B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period of 104 weeks beginning on the date on which the worker obtains reemployment described in paragraph (3)(B), reduced by the total number of weeks for which the worker received such trade readjustment allowance.
"(5) Total amount of payments.—
"(A) In general.—The payments described in paragraph (2)(A) made to a worker may not exceed—
"(i) $12,000 per worker during the eligibility period under paragraph (4)(A); or
"(ii) the amount described in subparagraph (B) per worker during the eligibility period under paragraph (4)(B).
"(B) Amount described.—The amount described in this subparagraph is the amount equal to the product of—
"(i) $12,000, and
"(ii) the ratio of—
"(I) the total number of weeks in the eligibility period under paragraph (4)(B) with respect to the worker, to
"(II) 104 weeks.
"(6) Calculation of amount of payments for certain workers.—
"(A) In general.—In the case of a worker described in paragraph (3)(B)(iii)(II), paragraph (2)(A) shall be applied by substituting the percentage described in subparagraph (B) for `50 percent'.
"(B) Percentage described.—The percentage described in this subparagraph is the percentage—
"(i) equal to \1/2\ of the ratio of—
"(I) the number of weekly hours of employment of the worker referred to in paragraph (3)(B)(iii)(II), to
"(II) the number of weekly hours of employment of the worker at the time of separation, but
"(ii) in no case more than 50 percent.
"(7) Limitation on other benefits.—A worker described in paragraph (3)(B) may not receive a trade readjustment allowance under part I of subchapter B pursuant to the certification described in paragraph (3)(A) during any week for which the worker receives a payment described in paragraph (2)(A)."; and
(3) in subsection (b)(2), by striking "subsection (a)(3)(B)" and inserting "subsection (a)(3)".
(b) Extension of Program.—
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" and all that follows through the end period and inserting "December 31, 2010.".
(c) Clerical Amendment.—
The table of contents of the Trade Act of 1974 is amended by striking the item relating to section 246 and inserting the following:
"Sec. 246. Reemployment trade adjustment assistance program.".

Subpart E—Other Matters[edit]

SEC. 1851. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.[edit]

(a) In General.—
Subchapter C of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2311 et seq.) is amended by adding at the end the following:
"SEC. 249A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.
"(a) Establishment.—There is established in the Department of Labor an office to be known as the Office of Trade Adjustment Assistance (in this section referred to as the `Office').
"(b) Head of Office.—The head of the Office shall be an administrator, who shall report directly to the Deputy Assistant Secretary for Employment and Training.
"(c) Principal Functions.—The principal functions of the administrator of the Office shall be—
"(1) to oversee and implement the administration of trade adjustment assistance program under this chapter; and
"(2) to carry out functions delegated to the Secretary of Labor under this chapter, including—
"(A) making determinations under section 223;
"(B) providing information under section 225 about trade adjustment assistance to workers and assisting such workers to prepare petitions or applications for program benefits;
"(C) providing assistance to employers of groups of workers that have filed petitions under section 221 in submitting information required by the Secretary relating to the petitions;
"(D) ensuring workers covered by a certification of eligibility under subchapter A receive the employment and case management services described in section 235;
"(E) ensuring that States fully comply with agreements entered into under section 239;
"(F) advocating for workers applying for benefits available under this chapter;
"(G) establishing and overseeing a hotline that workers, employers, and other entities may call to obtain information regarding eligibility criteria, procedural requirements, and benefits available under this chapter; and
"(H) carrying out such other duties with respect to this chapter as the Secretary specifies for purposes of this section.
"(d) Administration.—
"(1) Designation.—The administrator shall designate an employee of the Department of Labor with appropriate experience and expertise to carry out the duties described in paragraph (2).
"(2) Duties.—The employee designated under paragraph (1) shall—
"(A) receive complaints and requests for assistance related to the trade adjustment assistance program under this chapter;
"(B) resolve such complaints and requests for assistance, in coordination with other employees of the Office;
"(C) compile basic information concerning such complaints and requests for assistance; and
"(D) carry out such other duties with respect to this chapter as the Secretary specifies for purposes of this section.".
(b) Clerical Amendment.—
The table of contents of the Trade Act of 1974 is amended by inserting after the item relating to section 249 the following:
"Sec. 249A. Office of Trade Adjustment Assistance.".

SEC. 1852. ACCOUNTABILITY OF STATE AGENCIES; COLLECTION AND PUBLICATION OF PROGRAM DATA; AGREEMENTS WITH STATES.[edit]

(a) In General.—
Section 239(a) of the Trade Act of 1974 (19 U.S.C. 2311(a)) is amended—
(1) by amending clause (2) to read as follows: "(2) in accordance with subsection (f), shall make available to adversely affected workers and adversely affected incumbent workers covered by a certification under subchapter A the employment and case management services described in section 235,"; and
(2) by striking "will" each place it appears and inserting "shall".
(b) Form and Manner of Data.—
Section 239 of the Trade Act of 1974 (19 U.S.C. 2311) is amended—
(1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and
(2) by inserting after subsection (b) the following:
"(c) Form and Manner of Data.—Each agreement under this subchapter shall—
"(1) provide the Secretary with the authority to collect any data the Secretary determines necessary to meet the requirements of this chapter; and
"(2) specify the form and manner in which any such data requested by the Secretary shall be reported.".
(c) State Activities.—
Section 239(g) of the Trade Act of 1974 (as redesignated) is amended—
(1) in paragraph (3), by striking "and" at the end;
(2) by amending paragraph (4) to read as follows:
"(4) perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under subchapter A with respect to assistance and benefits available under this chapter, and"; and
(3) by adding at the end the following:
"(5) make employment and case management services described in section 235 available to adversely affected workers and adversely affected incumbent workers covered by a certification under subchapter A and, if funds provided to carry out this chapter are insufficient to make such services available, make arrangements to make such services available through other Federal programs.".
(d) Reporting Requirement.—
Section 239(h) of the Trade Act of 1974 (as redesignated) is amended by striking "1998." and inserting "1998 (29 U.S.C. 2822(b)) and a description of the State's rapid response activities under section 221(a)(2)(A).".
(e) Control Measures.—
Section 239 of the Trade Act of 1974 (19 U.S.C. 2311), as amended, is further amended by adding at the end the following:
"(i) Control Measures.—
"(1) In general.—The Secretary shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation and administration of the trade adjustment assistance program under this chapter, including by means of monitoring the operation of control measures to improve the accuracy and timeliness of the data being collected and reported.
"(2) Definition.—For purposes of paragraph (1), the term `control measures' means measures that—
"(A) are internal to a system used by a State to collect data; and
"(B) are designed to ensure the accuracy and verifiability of such data.
"(j) Data Reporting.—
"(1) In general.—Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Secretary on a quarterly basis comprehensive performance accountability data, to consist of—
"(A) the core indicators of performance described in paragraph (2)(A);
"(B) the additional indicators of performance described in paragraph (2)(B), if any; and
"(C) a description of efforts made to improve outcomes for workers under the trade adjustment assistance program.
"(2) Core indicators described.—
"(A) In general.—The core indicators of performance described in this paragraph are—
"(i) the percentage of workers receiving benefits under this chapter who are employed during the second calendar quarter following the calendar quarter in which the workers cease receiving such benefits;
"(ii) the percentage of such workers who are employed in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits; and
"(iii) the earnings of such workers in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits.
"(B) Additional indicators.—The Secretary and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the trade adjustment assistance program under this chapter, as appropriate.
"(3) Standards with respect to reliability of data.—In preparing the quarterly report required by paragraph (1), each cooperating State or cooperating State agency shall establish procedures that are consistent with guidelines to be issued by the Secretary to ensure that the data reported are valid and reliable.".

SEC. 1853. VERIFICATION OF ELIGIBILITY FOR PROGRAM BENEFITS.[edit]

Section 239 of the Trade Act of 1974 (19 U.S.C. 2311), as amended, is further amended by adding at the end the following:
"(k) Verification of Eligibility for Program Benefits.—
"(1) In general.—An agreement under this subchapter shall provide that the State shall periodically redetermine that a worker receiving benefits under this subchapter who is not a citizen or national of the United States remains in a satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)) for purposes of establishing a worker's eligibility for unemployment compensation, the State shall reverify the worker's immigration status if the documentation provided during initial verification will expire during the period in which that worker is potentially eligible to receive benefits under this subchapter. The State shall conduct such redetermination in a timely manner, utilizing the immigration status verification system described in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)).
"(2) Procedures.—The Secretary shall establish procedures to ensure the uniform application by the States of the requirements of this subsection.".

SEC. 1854. COLLECTION OF DATA AND REPORTS; INFORMATION TO WORKERS.[edit]

(a) In General.—
Subchapter C of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2311 et seq.), as amended, is further amended by adding at the end the following:
"SEC. 249B. COLLECTION AND PUBLICATION OF DATA AND REPORTS; INFORMATION TO WORKERS.
"(a) In General.—Not later than 180 days after the date of the enactment of this section, the Secretary shall implement a system to collect and report the data described in subsection (b), as well as any other information that the Secretary considers appropriate to effectively carry out this chapter.
"(b) Data to Be Included.—The system required under subsection (a) shall include collection of and reporting on the following data for each fiscal year:
"(1) Data on petitions filed, certified, and denied.—
"(A) The number of petitions filed, certified, and denied under this chapter.
"(B) The number of workers covered by petitions filed, certified, and denied.
"(C) The number of petitions, classified by—
"(i) the basis for certification, including increased imports, shifts in production, and other bases of eligibility; and
"(ii) congressional district of the United States.
"(D) The average time for processing such petitions.
"(2) Data on benefits received.—
"(A) The number of workers receiving benefits under this chapter.
"(B) The number of workers receiving each type of benefit, including training, trade readjustment allowances, employment and case management services, and relocation and job search allowances, and, to the extent feasible, credits for health insurance costs under section 35 of the Internal Revenue Code of 1986.
"(C) The average time during which such workers receive each such type of benefit.
"(3) Data on training.—
"(A) The number of workers enrolled in training approved under section 236, classified by major types of training, including classroom training, training through distance learning, on-the-job training, and customized training.
"(B) The number of workers enrolled in full-time training and part-time training.
"(C) The average duration of training.
"(D) The number of training waivers granted under section 231(c), classified by type of waiver.
"(E) The number of workers who complete training and the duration of such training.
"(F) The number of workers who do not complete training.
"(4) Data on outcomes.—
"(A) A summary of the quarterly reports required under section 239(j).
"(B) The sectors in which workers are employed after receiving benefits under this chapter.
"(5) Data on rapid response activities.—Whether rapid response activities were provided with respect to each petition filed under section 221.
"(c) Classification of Data.—To the extent possible, in collecting and reporting the data described in subsection (b), the Secretary shall classify the data by industry, State, and national totals.
"(d) Report.—Not later than December 15 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 that includes—
"(1) a summary of the information collected under this section for the preceding fiscal year;
"(2) information on the distribution of funds to each State pursuant to section 236(a)(2); and
"(3) any recommendations of the Secretary with respect to changes in eligibility requirements, benefits, or training funding under this chapter based on the data collected under this section.
"(e) Availability of Data.—
"(1) In general.—The Secretary shall make available to the public, by publishing on the website of the Department of Labor and by other means, as appropriate—
"(A) the report required under subsection (d);
"(B) the data collected under this section, in a searchable format; and
"(C) a list of cooperating States and cooperating State agencies that failed to submit the data required by this section to the Secretary in a timely manner.
"(2) Updates.—The Secretary shall update the data under paragraph (1) on a quarterly basis.".
(b) Clerical Amendment.—
The table of contents of the Trade Act of 1974 is amended by inserting after the item relating to section 249A the following:
"Sec. 249B. Collection and publication of data and reports; information to workers.".
(c) Effective Date.—
The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 1855. FRAUD AND RECOVERY OF OVERPAYMENTS.[edit]

Section 243(a)(1) of the Trade Act of 1974 (19 U.S.C. 2315(a)(1)) is amended—
(1) in the matter preceding subparagraph (A)—
(A) by striking "may waive" and inserting "shall waive"; and
(B) by striking ", in accordance with guidelines prescribed by the Secretary,"; and
(2) in subparagraph (B), by striking "would be contrary to equity and good conscience" and inserting "would cause a financial hardship for the individual (or the individual's household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household)".

SEC. 1856. SENSE OF CONGRESS ON APPLICATION OF TRADE ADJUSTMENT ASSISTANCE.[edit]

(a) In General.—
Chapter 5 of title II of the Trade Act of 1974 (19 U.S.C. 2391 et seq.) is amended by adding at the end the following:
"SEC. 288. SENSE OF CONGRESS.
"It is the sense of Congress that the Secretaries of Labor, Commerce, and Agriculture should apply the provisions of chapter 2 (relating to adjustment assistance for workers), chapter 3 (relating to adjustment assistance for firms), chapter 4 (relating to adjustment assistance for communities), and chapter 6 (relating to adjustment assistance for farmers), respectively, with the utmost regard for the interests of workers, firms, communities, and farmers petitioning for benefits under such chapters.".
(b) Clerical Amendment.—
The table of contents of the Trade Act of 1974 is amended by inserting after the item relating to section 287 the following:
"Sec. 288. Sense of Congress.".

SEC. 1857. CONSULTATIONS IN PROMULGATION OF REGULATIONS.[edit]

Section 248 of the Trade Act of 1974 (19 U.S.C. 2320) is amended—
(1) by striking "The Secretary shall" and inserting the following:
"(a) In General.—The Secretary shall"; and
(2) by adding at the end the following:
"(b) Consultations.—Not later than 90 days before issuing a regulation under subsection (a), the Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the regulation.".

SEC. 1858. TECHNICAL CORRECTIONS.[edit]

(a) Determinations by Secretary of Labor.—
Section 223(c) of the Trade Act of 1974 (19 U.S.C. 2273(c)) is amended by striking "his determination" and inserting "a determination".
(b) Qualifying Requirements for Workers.—
Section 231(a) of the Trade Act of 1974 (19 U.S.C. 2291(a)) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by striking "his application" and inserting "the worker's application"; and
(B) in subparagraph (A), by striking "he is covered" and inserting "the worker is covered";
(2) in paragraph (2)—
(A) in subparagraph (A), by striking the period and inserting a comma; and
(B) in subparagraph (D), by striking "5 U.S.C. 8521(a)(1)" and inserting "section 8521(a)(1) of title 5, United States Code"; and
(3) in paragraph (3)—
(A) by striking "he" each place it appears and inserting "the worker"; and
(B) in subparagraph (C), by striking "him" and inserting "the worker".
(c) Subpoena Power.—
Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended—
(1) in the section heading, by striking "subpena" and inserting "subpoena";
(2) by striking "subpena" and inserting "subpoena" each place it appears; and
(3) in subsection (a), by striking "him" and inserting "the Secretary".
(d) Clerical Amendment.—
The table of contents of the Trade Act of 1974 is amended by striking the item relating to section 249 and inserting the following:
"Sec. 249. Subpoena power.".