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

From Wikisource
Jump to navigation Jump to search
PART III—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

SEC. 1871. PURPOSE.[edit]

The purpose of the amendments made by this part is to assist communities impacted by trade with economic adjustment through the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the development and provision of programs that meet the training needs of workers covered by certifications under section 223.

SEC. 1872. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.[edit]

(a) In General.—Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is amended to read as follows:
"CHAPTER 4—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
"Subchapter A—Trade Adjustment Assistance for Communities
"SEC. 271. DEFINITIONS.
"In this subchapter:
"(1) Agricultural commodity producer.—The term `agricultural commodity producer' has the meaning given that term in section 291.
"(2) Community.—The term `community' means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State.
"(3) Community impacted by trade.—The term `community impacted by trade' means a community described in section 273(b)(2).
"(4) Eligible community.—The term `eligible community' means a community that the Secretary has determined under section 273(b)(1) is eligible to apply for assistance under this subchapter.
"(5) Secretary.—The term `Secretary' means the Secretary of Commerce.
"SEC. 272. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES PROGRAM.
"Not later than August 1, 2009, the Secretary shall establish a trade adjustment assistance for communities program at the Department of Commerce under which the Secretary shall—
"(1) provide technical assistance under section 274 to communities impacted by trade to facilitate the economic adjustment of those communities; and
"(2) award grants to communities impacted by trade to carry out strategic plans developed under section 276.
"SEC. 273. ELIGIBILITY; NOTIFICATION.
"(a) Petition.—
"(1) In general.—A community may submit a petition to the Secretary for an affirmative determination under subsection (b)(1) that the community is eligible to apply for assistance under this subchapter if—
"(A) on or after August 1, 2009, one or more certifications described in subsection (b)(3) are made with respect to the community; and
"(B) the community submits the petition not later than 180 days after the date of the most recent certification.
"(2) Special rule with respect to certain communities.—In the case of a community with respect to which one or more certifications described in subsection (b)(3) were made on or after January 1, 2007, and before August 1, 2009, the community may submit not later than February 1, 2010, a petition to the Secretary For an affirmative determination under subsection (b)(1).
"(b) Affirmative Determination.—
"(1) In general.—The Secretary shall make an affirmative determination that a community is eligible to apply for assistance under this subchapter if the Secretary determines that the community is a community impacted by trade.
"(2) Community impacted by trade.—A community is a community impacted by trade if—
"(A) one or more certifications described in paragraph (3) are made with respect to the community; and
"(B) the Secretary determines that the community is significantly affected by the threat to, or the loss of, jobs associated with any such certification.
"(3) Certification described.—A certification described in this paragraph is a certification—
"(A) by the Secretary of Labor that a group of workers in the community is eligible to apply for assistance under section 223;
"(B) by the Secretary of Commerce that a firm located in the community is eligible to apply for adjustment assistance under section 251; or
"(C) by the Secretary of Agriculture that a group of agricultural commodity producers in the community is eligible to apply for adjustment assistance under section 293.
"(c) Notifications.—
"(1) Notification to the governor.—The Governor of a State shall be notified promptly—
"(A) by the Secretary of Labor, upon making a determination that a group of workers in the State is eligible for assistance under section 223;
"(B) by the Secretary of Commerce, upon making a determination that a firm in the State is eligible for assistance under section 251; and
"(C) by the Secretary of Agriculture, upon making a determination that a group of agricultural commodity producers in the State is eligible for assistance under section 293.
"(2) Notification to community.—Upon making an affirmative determination under subsection (b)(1) that a community is eligible to apply for assistance under this subchapter, the Secretary shall promptly notify the community and the Governor of the State in which the community is located—
"(A) of the affirmative determination;
"(B) of the applicable provisions of this subchapter; and
"(C) of the means for obtaining assistance under this subchapter and other appropriate economic assistance that may be available to the community.
"SEC. 274. TECHNICAL ASSISTANCE.
"(a) In General.—The Secretary shall provide comprehensive technical assistance to an eligible community to assist the community to—
"(1) diversify and strengthen the economy in the community;
"(2) identify significant impediments to economic development that result from the impact of trade on the community; and
"(3) develop a strategic plan under section 276 to address economic adjustment and workforce dislocation in the community, including unemployment among agricultural commodity producers.
"(b) Coordination of Federal Response.—The Secretary shall coordinate the Federal response to an eligible community by—
"(1) identifying Federal, State, and local resources that are available to assist the community in responding to economic distress; and
"(2) assisting the community in accessing available Federal assistance and ensuring that such assistance is provided in a targeted, integrated manner.
"(c) Interagency Community Assistance Working Group.—
"(1) In general.—The Secretary shall establish an interagency Community Assistance Working Group, to be chaired by the Secretary or the Secretary's designee, which shall assist the Secretary with the coordination of the Federal response pursuant to subsection (b).
"(2) Membership.—The Working Group shall consist of representatives of any Federal department or agency with responsibility for providing economic adjustment assistance, including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, and any other Federal, State, or regional public department or agency the Secretary determines to be appropriate.
"SEC. 275. GRANTS FOR ELIGIBLE COMMUNITIES.
"(a) In General.—The Secretary may award a grant under this section to an eligible community to assist the community in carrying out any project or program that is included in a strategic plan developed by the community under section 276.
"(b) Application.—
"(1) In general.—An eligible community seeking to receive a grant under this section shall submit a grant application to the Secretary that contains—
"(A) the strategic plan developed by the community under section 276(a)(1)(A) and approved by the Secretary under section 276(a)(1)(B); and
"(B) a description of the project or program included in the strategic plan with respect to which the community seeks the grant.
"(2) Coordination among grant programs.—If an entity in an eligible community is seeking or plans to seek a Community College and Career Training Grant under section 278 or a Sector Partnership Grant under section 279A while the eligible community is seeking a grant under this section, the eligible community shall include in the grant application a description of how the eligible community will integrate any projects or programs carried out using a grant under this section with any projects or programs that may be carried out using such other grants.
"(c) Limitation.—An eligible community may not be awarded more than $5,000,000 under this section.
"(d) Cost-Sharing.—
"(1) Federal share.—The Federal share of a project or program for which a grant is awarded under this section may not exceed 95 percent of the cost of such project or program.
"(2) Community share.—The Secretary shall require, as a condition of awarding a grant to an eligible community under this section, that the eligible community contribute not less than an amount equal to 5 percent of the amount of the grant toward the cost of the project or program for which the grant is awarded.
"(e) Grants to Small- and Medium-Sized Communities.—The Secretary shall give priority to grant applications submitted under this section by eligible communities that are small- and medium-sized communities.
"(f) Annual Report.—Not later than December 15 in each of the calendar years 2009 through 2011, 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—
"(1) describing each grant awarded under this section during the preceding fiscal year; and
"(2) assessing the impact on the eligible community of each such grant awarded in a fiscal year before the fiscal year referred to in paragraph (1).
"SEC. 276. STRATEGIC PLANS.
"(a) In General.—
"(1) Development.—An eligible community that intends to apply for a grant under section 275 shall—
"(A) develop a strategic plan for the community's economic adjustment to the impact of trade; and
"(B) submit the plan to the Secretary for evaluation and approval.
"(2) Involvement of private and public entities.—
"(A) In general.—To the extent practicable, an eligible community shall consult with entities described in subparagraph (B) in developing a strategic plan under paragraph (1).
"(B) Entities described.—Entities described in this subparagraph are public and private entities within the eligible community, including—
"(i) local, county, or State government agencies serving the community;
"(ii) firms, including small- and medium-sized firms, within the community;
"(iii) local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832);
"(iv) labor organizations, including State labor federations and labor-management initiatives, representing workers in the community; and
"(v) educational institutions, local educational agencies, or other training providers serving the community.
"(b) Contents.—The strategic plan shall, at a minimum, contain the following:
"(1) A description and analysis of the capacity of the eligible community to achieve economic adjustment to the impact of trade.
"(2) An analysis of the economic development challenges and opportunities facing the community as well as the strengths and weaknesses of the economy of the community.
"(3) An assessment of the commitment of the eligible community to the strategic plan over the long term and the participation and input of members of the community affected by economic dislocation.
"(4) A description of the role and the participation of the entities described in subsection (a)(2)(B) in developing the strategic plan.
"(5) A description of the projects to be undertaken by the eligible community under the strategic plan.
"(6) A description of how the strategic plan and the projects to be undertaken by the eligible community will facilitate the community's economic adjustment.
"(7) A description of the educational and training programs available to workers in the eligible community and the future employment needs of the community.
"(8) An assessment of the cost of implementing the strategic plan, the timing of funding required by the eligible community to implement the strategic plan, and the method of financing to be used to implement the strategic plan.
"(9) A strategy for continuing the economic adjustment of the eligible community after the completion of the projects described in paragraph (5).
"(c) Grants to Develop Strategic Plans.—
"(1) In general.—The Secretary, upon receipt of an application from an eligible community, may award a grant to the community to assist the community in developing a strategic plan under subsection (a)(1). A grant awarded under this paragraph shall not exceed 75 percent of the cost of developing the strategic plan.
"(2) Funds to be used.—Of the funds appropriated pursuant to section 277(c), the Secretary may make available not more than $25,000,000 for each of the fiscal years 2009 and 2010, and $6,250,000 for the period beginning October 1, 2010, and ending December 31, 2010, to provide grants to eligible communities under paragraph (1).
"SEC. 277. GENERAL PROVISIONS.
"(a) Regulations.—
"(1) In general.—The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this subchapter, including—
"(A) establishing specific guidelines for the submission and evaluation of strategic plans under section 276;
"(B) establishing specific guidelines for the submission and evaluation of grant applications under section 275; and
"(C) administering the grant programs established under sections 275 and 276.
"(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 prior to promulgating any final rule or regulation pursuant to paragraph (1).
"(b) Personnel.—The Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this subchapter.
"(c) Authorization of Appropriations.—
"(1) In general.—There are authorized to be appropriated to the Secretary $150,000,000 for each of the fiscal years 2009 and 2010, and $37,500,000 for the period beginning October 1, 2010, and ending December 31, 2010, to carry out this subchapter.
"(2) Availability.—Amounts appropriated pursuant to this subchapter—
"(A) shall be available to provide adjustment assistance to communities that have been approved for assistance pursuant to this chapter on or before December 31, 2010; and
"(B) shall otherwise remain available until expended.
"(3) Supplement not supplant.—Funds appropriated pursuant to this subchapter shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities.
"Subchapter B—Community College and Career Training Grant Program
"SEC. 278. COMMUNITY COLLEGE AND CAREER TRAINING GRANT PROGRAM.
"(a) Grants Authorized.—
"(1) In general.—Beginning August 1, 2009, the Secretary may award Community College and Career Training Grants to eligible institutions for the purpose of developing, offering, or improving educational or career training programs for workers eligible for training under section 236.
"(2) Limitations.—An eligible institution may not be awarded—
"(A) more than one grant under this section; or
"(B) a grant under this section in excess of $1,000,000.
"(b) Definitions.—In this section:
"(1) Eligible institution.—The term `eligible institution' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), but only with respect to a program offered by the institution that can be completed in not more than 2 years.
"(2) Secretary.—The term `Secretary' means the Secretary of Labor.
"(c) Grant Proposals.—
"(1) In general.—An eligible institution seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
"(2) Guidelines.—Not later than June 1, 2009, the Secretary shall—
"(A) promulgate guidelines for the submission of grant proposals under this section; and
"(B) publish and maintain such guidelines on the website of the Department of Labor.
"(3) Assistance.—The Secretary shall offer assistance in preparing a grant proposal to any eligible institution that requests such assistance.
"(4) General requirements for grant proposals.—
"(A) In general.—A grant proposal submitted to the Secretary under this section shall include a detailed description of—
"(i) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to workers eligible for training under section 236;
"(ii) the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of workers in the community served by the eligible institution who are eligible for training under section 236;
"(iii) the extent to which the project for which the grant proposal is submitted fits within any overall strategic plan developed by an eligible community under section 276;
"(iv) the extent to which the project for which the grant proposal is submitted relates to any project funded by a Sector Partnership Grant awarded under section 279A; and
"(v) any previous experience of the eligible institution in providing educational or career training programs to workers eligible for training under section 236.
"(B) Absence of experience.—The absence of any previous experience in providing educational or career training programs described in subparagraph (A)(v) shall not automatically disqualify an eligible institution from receiving a grant under this section.
"(5) Community outreach required.—In order to be considered by the Secretary, a grant proposal submitted by an eligible institution under this section shall—
"(A) demonstrate that the eligible institution—
"(i) reached out to employers, and other entities described in section 276(a)(2)(B) to identify—
"(I) any shortcomings in existing educational and career training opportunities available to workers in the community; and
"(II) any future employment opportunities within the community and the educational and career training skills required for workers to meet the future employment demand;
"(ii) reached out to other similarly situated institutions in an effort to benefit from any best practices that may be shared with respect to providing educational or career training programs to workers eligible for training under section 236; and
"(iii) reached out to any eligible partnership in the community that has sought or received a Sector Partnership Grant under section 279A to enhance the effectiveness of each grant and avoid duplication of efforts; and
"(B) include a detailed description of—
"(i) the extent and outcome of the outreach conducted under subparagraph (A);
"(ii) the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under subparagraph (A)(i)(I) or any educational or career training needs identified under subparagraph (A)(i)(II); and
"(iii) the extent to which employers, including small- and medium-sized firms within the community, have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted.
"(d) Criteria for Award of Grants.—
"(1) In general.—Subject to the appropriation of funds, the Secretary shall award a grant under this section based on—
"(A) a determination of the merits of the grant proposal submitted by the eligible institution to develop, offer, or improve educational or career training programs to be made available to workers eligible for training under section 236;
"(B) an evaluation of the likely employment opportunities available to workers who complete an educational or career training program that the eligible institution proposes to develop, offer, or improve; and
"(C) an evaluation of prior demand for training programs by workers eligible for training under section 236 in the community served by the eligible institution, as well as the availability and capacity of existing training programs to meet future demand for training programs.
"(2) Priority for certain communities.—In awarding grants under this section, the Secretary shall give priority to an eligible institution that serves a community that the Secretary of Commerce has determined under section 273 is eligible to apply for assistance under subchapter A within the 5-year period preceding the date on which the grant proposal is submitted to the Secretary under this section.
"(3) Matching requirements.—A grant awarded under this section may not be used to satisfy any private matching requirement under any other provision of law.
"(e) Annual Report.—Not later than December 15 in each of the calendar years 2009 through 2011, 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—
"(1) describing each grant awarded under this section during the preceding fiscal year; and
"(2) assessing the impact of each award of a grant under this section in a fiscal year preceding the fiscal year referred to in paragraph (1) on workers receiving training under section 236.
"SEC. 279. AUTHORIZATION OF APPROPRIATIONS.
"(a) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary of Labor $40,000,000 for each of the fiscal years 2009 and 2010, and $10,000,000 for the period beginning October 1, 2010, and ending December 31, 2010, to fund the Community College and Career Training Grant Program. Funds appropriated pursuant to this section shall remain available until expended.
"(b) Supplement Not Supplant.—Funds appropriated pursuant to this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to support community college and career training programs.
"Subchapter C—Industry or Sector Partnership Grant Program for Communities Impacted by Trade
"SEC. 279A. INDUSTRY OR SECTOR PARTNERSHIP GRANT PROGRAM FOR COMMUNITIES IMPACTED BY TRADE.
"(a) Purpose.—The purpose of this subchapter is to facilitate efforts by industry or sector partnerships to strengthen and revitalize industries and create employment opportunities for workers in communities impacted by trade.
"(b) Definitions.—In this subchapter:
"(1) Community impacted by trade.—The term `community impacted by trade' has the meaning given that term in section 271.
"(2) Dislocated worker.—The term `dislocated worker' means a worker who has been totally or partially separated, or is threatened with total or partial separation, from employment in an industry or sector in a community impacted by trade.
"(3) Eligible partnership.—The term `eligible partnership' means a voluntary partnership composed of public and private persons, firms, or other entities within a community impacted by trade, that shall include representatives of—
"(A) an industry or sector within the community, including an industry association;
"(B) local, county, or State government;
"(C) multiple firms in the industry or sector, including small- and medium-sized firms, within the community;
"(D) local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832);
"(E) labor organizations, including State labor federations and labor-management initiatives, representing workers in the community; and
"(F) educational institutions, local educational agencies, or other training providers serving the community.
"(4) Lead entity.—The term `lead entity' means—
"(A) an entity designated by the eligible partnership to be responsible for submitting a grant proposal under subsection (e) and serving as the eligible partnership's fiscal agent in expending any Sector Partnership Grant awarded under this section; or
"(B) a State agency designated by the Governor of the State to carry out the responsibilities described in subparagraph (A).
"(5) Secretary.—The term `Secretary' means the Secretary of Labor.
"(6) Targeted industry or sector.—The term `targeted industry or sector' means the industry or sector represented by an eligible partnership.
"(c) Sector Partnership Grants Authorized.—Beginning on August 1, 2009, and subject to the appropriation of funds, the Secretary shall award Sector Partnership Grants to eligible partnerships to assist the eligible partnerships in carrying out projects, over periods of not more than 3 years, to strengthen and revitalize industries and sectors and create employment opportunities for dislocated workers.
"(d) Use of Sector Partnership Grants.—An eligible partnership may use a Sector Partnership Grant to carry out any project that the Secretary determines will further the purpose of this subchapter, which may include—
"(1) identifying the skill needs of the targeted industry or sector and any gaps in the available supply of skilled workers in the community impacted by trade, and developing strategies for filling the gaps, including by—
"(A) developing systems to better link firms in the targeted industry or sector to available skilled workers;
"(B) helping firms in the targeted industry or sector to obtain access to new sources of qualified job applicants;
"(C) retraining dislocated and incumbent workers; or
"(D) facilitating the training of new skilled workers by aligning the instruction provided by local suppliers of education and training services with the needs of the targeted industry or sector;
"(2) analyzing the skills and education levels of dislocated and incumbent workers and developing training to address skill gaps that prevent such workers from obtaining jobs in the targeted industry or sector;
"(3) helping firms, especially small- and medium-sized firms, in the targeted industry or sector increase their productivity and the productivity of their workers;
"(4) helping such firms retain incumbent workers;
"(5) developing learning consortia of small- and medium-sized firms in the targeted industry or sector with similar training needs to enable the firms to combine their purchases of training services, and thereby lower their training costs;
"(6) providing information and outreach activities to firms in the targeted industry or sector regarding the activities of the eligible partnership and other local service suppliers that could assist the firms in meeting needs for skilled workers;
"(7) seeking, applying, and disseminating best practices learned from similarly situated communities impacted by trade in the development and implementation of economic growth and revitalization strategies; and
"(8) identifying additional public and private resources to support the activities described in this subsection, which may include the option to apply for a community grant under section 275 or a Community College and Career Training Grant under section 278 (subject to meeting any additional requirements of those sections).
"(e) Grant Proposals.—
"(1) In general.—The lead entity of an eligible partnership seeking to receive a Sector Partnership Grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
"(2) General requirements of grant proposals.—A grant proposal submitted under paragraph (1) shall, at a minimum—
"(A) identify the members of the eligible partnership;
"(B) identify the targeted industry or sector for which the eligible partnership intends to carry out projects using the Sector Partnership Grant;
"(C) describe the goals that the eligible partnership intends to achieve to promote the targeted industry or sector;
"(D) describe the projects that the eligible partnership will undertake to achieve such goals;
"(E) demonstrate that the eligible partnership has the organizational capacity to carry out the projects described in subparagraph (D);
"(F) explain—
"(i) whether—
"(I) the community impacted by trade has sought or received a community grant under section 275;
"(II) an eligible institution in the community has sought or received a Community College and Career Training Grant under section 278; or
"(III) any other entity in the community has received funds pursuant to any other federally funded training project; and
"(ii) how the eligible partnership will coordinate its use of a Sector Partnership Grant with the use of such other grants or funds in order to enhance the effectiveness of each grant and any such funds and avoid duplication of efforts; and
"(G) include performance measures, developed based on the performance measures issued by the Secretary under subsection (g)(2), and a timeline for measuring progress toward achieving the goals described in subparagraph (C).
"(f) Award of Grants.—
"(1) In general.—Upon application by the lead entity of an eligible partnership, the Secretary may award a Sector Partnership Grant to the eligible partnership to assist the partnership in carrying out any of the projects in the grant proposal that the Secretary determines will further the purposes of this subchapter.
"(2) Limitations.—An eligible partnership may not be awarded—
"(A) more than one Sector Partnership Grant; or
"(B) a total grant award under this subchapter in excess of—
"(i) except as provided in clause (ii), $2,500,000; or
"(ii) in the case of an eligible partnership located within a community impacted by trade that is not served by an institution receiving a Community College and Career Training Grant under section 278, $3,000,000.
"(g) Administration by the Secretary.—
"(1) Technical assistance and oversight.—
"(A) In general.—The Secretary shall provide technical assistance to, and oversight of, the lead entity of an eligible partnership in applying for and administering Sector Partnership Grants awarded under this section.
"(B) Technical assistance.—Technical assistance provided under subparagraph (A) shall include providing conferences and such other methods of collecting and disseminating information on best practices developed by eligible partnerships as the Secretary determines appropriate.
"(C) Grants or contracts for technical assistance.—The Secretary may award a grant or contract to one or more national or State organizations to provide technical assistance to foster the planning, formation, and implementation of eligible partnerships.
"(2) Performance measures.—The Secretary shall issue a range of performance measures, with quantifiable benchmarks, and methodologies that eligible partnerships may use to measure progress toward the goals described in subsection (e). In developing such measures, the Secretary shall consider the benefits of the eligible partnership and its activities for workers, firms, industries, and communities.
"(h) Reports.—
"(1) Progress report.—Not later than 1 year after receiving a Sector Partnership Grant, and 3 years thereafter, the lead entity shall submit to the Secretary, on behalf of the eligible partnership, a report containing—
"(A) a detailed description of the progress made toward achieving the goals described in subsection (e)(2)(C), using the performance measures required under subsection (e)(2)(G);
"(B) a detailed evaluation of the impact of the grant award on workers and employers in the community impacted by trade; and
"(C) a detailed description of all expenditures of funds awarded to the eligible partnership under the Sector Partnership Grant approved by the Secretary under this subchapter.
"(2) Annual report.—Not later than December 15 in each of the calendar years 2009 through 2011, 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—
"(A) describing each Sector Partnership Grant awarded to an eligible partnership during the preceding fiscal year; and
"(B) assessing the impact of each Sector Partnership Grant awarded in a fiscal year preceding the fiscal year referred to in subparagraph (A) on workers and employers in communities impacted by trade.
"SEC. 279B. AUTHORIZATION OF APPROPRIATIONS.
"(a) In General.—There are authorized to be appropriated to the Secretary of Labor $40,000,000 for each of the fiscal years 2009 and 2010, and $10,000,000 for the period beginning October 1, 2010, and ending December 31, 2010, to carry out the Sector Partnership Grant program under section 279A. Funds appropriated pursuant to this section shall remain available until expended.
"(b) Supplement Not Supplant.—Funds appropriated pursuant to this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to support the economic development of local communities.
"(c) Administrative Costs.—The Secretary may retain not more than 5 percent of the funds appropriated pursuant to this section for each fiscal year to administer the Sector Partnership Grant program under section 279A.
"Subchapter D—General Provisions
"SEC. 279C. RULE OF CONSTRUCTION.
"Nothing in this chapter prevents a worker from receiving trade adjustment assistance under chapter 2 of this title at the same time the worker is receiving assistance in any manner from—
"(1) a community receiving a community grant under subchapter A;
"(2) an eligible institution receiving a Community College and Career Training Grant under subchapter B; or
"(3) an eligible partnership receiving a Sector Partnership Grant under subchapter C.".

SEC. 1873. CONFORMING AMENDMENTS.[edit]

(a) Table of Contents.—The table of contents of the Trade Act of 1974 is amended by striking the items relating to chapter 4 of title II and inserting the following:
"Chapter 4—Trade Adjustment Assistance for Communities
"Subchapter A—Trade Adjustment Assistance for Communities
"Sec. 271. Definitions.
"Sec. 272. Establishment of trade adjustment assistance for communities program.
"Sec. 273. Eligibility; notification.
"Sec. 274. Technical assistance.
"Sec. 275. Grants for eligible communities.
"Sec. 276. Strategic plans.
"Sec. 277. General provisions.
"Subchapter B—Community College and Career Training Grant Program
"Sec. 278. Community college and career training grant program.
"Sec. 279. Authorization of appropriations.
"Subchapter C—Industry or Sector Partnership Grant Program for Communities Impacted by Trade
"Sec. 279A. Industry or sector partnership grant program for communities impacted by trade.
"Sec. 279B. Authorization of appropriations.
"Subchapter D—General Provisions
"Sec. 279C. Rule of construction."
(b) Judicial Review.—
(1) Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended—
(A) by inserting "or 296" after "section 293";
(B) by striking "or any other interested domestic party" and inserting "or authorized representative of a community"; and
(C) by striking "section 271" and inserting "section 273".
(2) Section 1581(d) of title 28, United States Code, is amended—
(A) in paragraph (2), by striking "; and" and inserting a semicolon;
(B) in paragraph (3)—
(i) by striking "271" and inserting "273"; and
(ii) by striking the period and inserting "; and"; and
(C) by adding at the end the following:
"(4) any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 (19 U.S.C. 2401b) with respect to the eligibility of a group of agricultural commodity producers for adjustment assistance under such Act.".