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 123STA T . 3 80PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ (C)informat ion r el atin g to lo c al occ up ation s t h at are in d emand and earnings potential of such occupations and ‘‘( D )s k ills re q uirements for local occupations descri b ed in subparagraph (C) . ‘‘( 8 ) I nformation relating to the a v ailabilit y of supportive services , including services relating to child care, transpor - tation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to partici- pate in training. ’ ’. (b) C LERICA L AM E ND MEN T . —T he table of contents of the Trade Act of 1974 is amended by striking the item relating to section 235 and inserting the follo w ing

‘ 235.Employ m enta n dc a s e mana g ement se rvi ces. ’ ’. SEC.1827 . ADMIN IS TR ATI V EE XP ENSES AND EMP LOY MENT AND CASE MANA G EMENT SERVICES. (a) IN G ENERAL.— P art 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. 2 35 A. FU NDING FOR ADMINISTRATIVE EXPENSES AND EMPLOY - MENT AND CASE MANAGEMENT SERVICES. ‘‘(a) FU NDIN GFO R ADMINI S TRATI V E EXP ENSES AND EMPLO Y MENT AND CASE M ANAGEMENT SERVICES.— ‘‘(1) IN GENERAL.—In addition to any funds made available to a State to carry out section 23 6 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 ad j ustment 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 employ- ment and case management services under section 235. ‘‘(b) ADDITIONAL FUNDING FOR EMPLOYMENT AND CASE MANAGE- MENT 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 $ 35 0 ,000. ‘‘(2) USE OF FUNDS.—A State that receives a payment under paragraph (1) shall use such payment for the purpose of pro- viding employment and case management services under sec- tion 235. ‘‘(3) V OLUNTARY RETURN OF FUNDS.—A State that receives a payment under paragraph (1) may decline or otherwise return such payment to the Secretary.’’. 19USC2 29 5a.


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 123STA T . 3 8 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(b)CLERICA L AM E ND MEN T.—Theta b l e ofc o n tent s oftheT r a d e Act of 1974i sa m ended b y insertin g after the item relating to section 235 the follo w ing

‘ Sec.235A . Fundi n gfora d m ini st rati v ee xp enses and emp l o y ment and case man - agement services. ’ ’. (c) EF FECTI V E D ATE.—The amendments made by this section shall ta k e effect on the date of the enactment of this Act. SEC.182 8. TRAIN IN GFU N D ING. (a) I N G ENERAL.— S ection 23 6 (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 amo u nt of p ayments that may be made under paragraph (1) shall not e x ceed— ‘‘(i) for each of the fiscal years 2 0 09 and 2010 ,$ 575,000,000 and ‘‘(ii) for the period beginning O ctober 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 a v ailable to carry out this section, in accordance with the re q uirements 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 J uly 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) Sub j ect 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 certifi - cations 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; ‘‘(I V ) 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 appro- priate 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 distribu- tion 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. Procedu re s.D e a d lin e. T i m e p eriod. 19USC2 29 5 a no t e.

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 123STA T . 3 8 2 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (E)If,duringa fi sc a lye ar, th e S ecretary esti m ates that the am o unt of funds necessary to p ay the costs of training appro v ed under this section w ill e x ceed the dollar amount limitation specified in su b paragraph ( 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) DET E RMINA TI O N SR E G AR D ING T RAINING. — Section 236 (a)( 9 ) of the Trade Act of 1 9 74 (19 U .S. C . 2296(a)(9)) is amended— (1) by stri k ing ‘‘The Secretary’’ and inserting ‘‘(A) Sub j ect 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 q ualified 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 para - graph (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) REG UL ATIONS.—Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended by adding at the end the following: ‘‘(g) REGULATIONS W IT H RES P E C T TO APPORTIONMENT O F TRAINING FUNDS TO STATES.— ‘‘(1) IN GENERAL.— N ot 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 M eans of the H ouse of Representatives not less than 9 0 days before issuing any regulation pursuant to para- graph (1).’’. (d) EFFECTI V E 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 O ctober 1, 2009. SEC.1829 . PR ERE QUI SI T EE D UC A TI ON; APPRO V ED TRAININ G PRO - GRA M S. (a) IN G ENERAL.—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: 19USC2 29 6note.D e adli ne s .


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 123STA T . 3 8 3 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (i ii )ap p rent i c e sh ip pr og ra m s registere du nder the A ct o f August 16, 1 937 (common lyk no w nasthe‘ N ational Apprenticeship Act ’;50S tat . 66 4, chapter 663; 2 9 U .S. C . 50etse q .),’’; (2) b y redesignating subparagraphs ( E )and( F ) as subpara - graphs (F) and ( G ), respecti v ely; (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. T he Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the W orkforce Investment Act of 199 8 (29 U.S.C. 2801 et seq.).’’. (b) C ONF O RMI N G AM E N D MEN TS .—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) TE CH NIC AL 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 te x t, 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 . PR E -LAYOF FA ND PAR T -T IM E TRAININ G . (a) P RE- L A Y OFF 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


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 123STA T . 3 84PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(i i ) i nsubpar a g rap h ( C ) , b y ins e r t ing ‘ ‘ o ra dv erse l y a f fe c ted incu m bent w or k er ’ ’ after ‘‘adversely affected worker’’ each place it appears (C) in paragraph ( 5 ), in the matter preceding subpara - graph ( A ), by striking ‘‘ T he training programs’’ and inserting ‘‘ Ex cept 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) I n the case of an adversely affected incumbent worker, the S ecretary may not approve — ‘‘(A) on-the- j ob training under paragraph (5)(A)(i); or ‘‘(B) customi z ed 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 separa- tion, the Secretary shall terminate the approval of such training.’’. ( 2 )D EFIN I T I O N S .—Section 2 4 7 of the Trade Act of 1974 (19 U .S.C. 2 3 19), 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) PAR T-TI M E TRAININ G .—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 GENERA L .—The Secretary may approve full-time or part-time training for a worker under subsection (a). ‘‘(2) L IMITATION.— N otwithstanding paragraph (1), a worker participating in part-time training approved under subsection (a) may not receive a trade readjustment allowance under sec- tion 231.’’. SEC.183 1. ON-TH E- J O B T RAI NIN G . (a) IN G ENERAL.—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 sub- paragraphs (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) O N-T H E-JO B TRAINING R E QU IREMENTS.—


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 123STA T . 3 85PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9‘ ‘ (1)INGE NE RAL.—TheS e cr e ta r ym aya p pr ov eo n- the- j o b tra i nin gf oranya d ver s e l y affected w or k er if— ‘‘( A ) the worker meets the re qu irements for training to be approved under subsection (a)(1) ‘‘( B ) the Secretary determines that on-the-job training— ‘‘(i) can reasonably be e x pected 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 ) MO N TH L YP AY M ENT S .—The Secretary shall pay the costs of on-the-job training approved under paragraph (1) in monthly installments. ‘‘( 3 ) CONTRA C TS F OR ON-THE- J O B TRA I NING.— ‘‘(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 pro- ficient in the job for which the worker is being trained, but may not exceed 1 04 weeks in any case. ‘‘(4) EX CL U SION 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 ) L ABOR STAN D ARDS.—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 )’’.


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 123STA T . 3 86PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(b)REP E ALOFPR EFERE NC E FOR T RA I NIN G ON TH E J O B.—Section236 ( a )( 1 )o f t h eT r a d e A ctof1 974 (19 U .S. C . 2296(a)(1)) i s a m ended b y stri k in g the l ast sentence. SEC.1832 .E LIG I B ILI TYFORUN E MP LOYMENT INSUR A NCE AN D PRO - GRAM BENEFITS WH ILE IN TRAINING. Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is amended to read as follo w s

‘(d) E LIGIBILIT Y .—An ad v ersely affected worker may not be determined to be ineligible or dis qu alified for unem p loyment insur - ance 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- j ob training not later than 3 0 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 F ederal unemployment insur- ance law relating to availability for work , active search for work, or refusal to accept work. ’ ’. SEC. 1833. J OB SEARCH AND RELOCATION ALLOWANCES. (a) JOB SEARCH ALLO W ANCE S .—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 ‘‘ $ 1,2 5 0’’ and inserting ‘‘$1,500’’. (b) RELOCATION ALLOWANCES.—Section 23 8 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’’. SubpartD—Re e m p loy me n t T ra d e A d j u s tment Ass i stan c e P ro g ram SEC. 18 4 1. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PRO- GRAM. (a) I N G ENERAL.—Section 246 of the Trade Act of 1974 (19 U.S.C. 2318) is amended— (1) by amending the heading to read as follows: Deadlin e .


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 123STA T . 3 87PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9‘ ‘ SEC.246 . R EE MPLOY ME NT TR AD EAD JU STMENT ASS I STANCE PRO -G RAM. ’ ’ s ect i o n( a ) — ( A )in p a r a g rap h ( 1 )— (i) b y stri k ing ‘ ‘ N ot l ater than ’ ’an d all that f ollo w s through ‘‘2 0 02, the S ecretary’’ and inserting ‘‘ T he Sec - retary’’ and (ii) by striking ‘‘an alternati v e trade ad j ust m ent assistance program for older workers’’ and inserting ‘‘a reemployment trade adjustment assistance pro- gram’’; ( B ) in paragraph (2)— (i) in subparagraph (A)— ( I ) in the matter preceding clause (i), by striking ‘‘for a period not to e x ceed 2 years’’ and inserting ‘‘for the eligibility period under subpara- graph (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 )T RAIN IN G AN DOTHE R S ER V I C ES.—A worker described in paragraph ( 3 )(B) participating in the program established under paragraph (1) is eligible to receive training approved under section 23 6 and employment and case management services under section 23 5 .’’; and (C) by striking paragraphs (3) through (5) and inserting the following: ‘‘(3) EL IGI B ILIT Y .— ‘‘(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) INDIVID U AL 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
 * (2)insub


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 123STA T . 3 8 8 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (I I )isemploy e dat least 20h o ur s per w ee k a n d is enrolled in a trainin g program appro v ed under se c- tion 2 36; and ‘‘(iv) is not employed at the f irm from which the worker was separated . ‘‘( 4 ) ELIG I B ILI TYPER I ODF ORP A Y M E N T S . — ‘‘( A ) W OR K ER WH OHASNOTRE C EI V ED TRADE READ JU ST- MENT ALLOWANCE.—In the case of a worker descri b ed in paragraph (3)( B ) who has not received a trade read j ustment 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 nottoe x ceed 2 years beginning on the earlier of— ‘‘(i) the date on which the worker exhausts all rights to unemployment insurance based on the separa- tion of the worker from the adversely affected employ- ment 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 para- graph (3)(B) who has received a trade readjustment allow- ance under part I of subchapter B pursuant to the certifi- cation described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period of 1 04 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 ) T OTAL AMOUNT OF PAYMENTS.— ‘‘(A) IN GENERAL.—The payments described in para- graph (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 para- graph (4)(B). ‘‘(B) AMOUNT DESCRIBED.—The amount described in this subparagraph is the amount e q ual 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) C ALCULATION 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) P ERCENTAGE DESCRIBED.—The percentage described in this subparagraph is the percentage— ‘‘(i) equal to 1⁄2 of the ratio of— Ap p licab ili ty.Ef f e cti v e d ate.


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 123STA T . 3 89PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ‘ ‘ (I)thenumb e rofw ee kly hour s of em p loyment of the worker referre d to i np a ra g raph ( 3 )( B )(iii)(II) , to ‘‘(II) the number of weekly hours of employ - ment of the worker at the time of separation, but ‘‘(ii) in no c ase more than 50 percent . ‘‘( 7 ) LIM I TA TI ON ON OT HERB ENE F IT S . —A worker described in paragraph (3)(B) may not recei v e a trade read j ustment allow- ance 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) EX TENSION OF P RO G RAM.— S ection 2 46 (b)( 1 ) of the T rade Actof1 9 74 (19 U .S. C . 231 8 (b)(1)) is amended by striking ‘‘the date that is 5 years’’ and all that follows through the end period and inserting ‘‘ D ecember 31, 2010.’’. (c) C L ERI C AL AMEN D MENT.—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 . R ee mploy me nt t rad ead jus tment ass i stance pro g ram. ’ ’. SubpartE—O t he r M atter sSEC.185 1. OF F I CE OF TRAD EAD JU ST M E N T ASSISTANCE. (a) IN G ENERAL.—Subchapter C of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2311 et se q .) is amended by adding at the end the following: ‘ ‘SEC. 249 A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE. ‘‘(a) ESTABLISHMENT.—There is established in the Department of Labor an office to be known as the O ffice of Trade Adjustment Assistance (in this section referred to as the ‘Office’). ‘‘(b) H EAD 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) PRINCI P AL FU NCTIONS.—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; 19USC23 22.


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 123STA T . 3 90PUBLIC LA W 111 –5—FE B.1 7, 2009 ‘ ‘ (E)ensuri n gtha t S tates f u l l ycomp ly w ith agreements entere d into under section 239; ‘‘( F )ad v ocating for wor k ers applying for b enefits avail - able under this chapter; ‘‘( G ) establishing and overseeing a hotline that workers , employers, and other entities may call to obtain information regarding eligibility criteria, procedural re q uirements, 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) ADMIN I STRA TI O N. — ‘‘( 1 ) DE SI G NATION.— T he administrator shall designate an employee of the Department of L abor with appropriate e x peri- ence and expertise to carry out the duties described in para- graph (2). ‘‘(2) D U TIES.—The employee designated under paragraph (1) shall— ‘‘(A) receive complaints and requests for assistance related to the trade ad j ustment assistance program under this chapter; ‘‘( B ) resolve such complaints and requests for assist- ance, in coordination with other employees of the O ffice; ‘‘( C ) compile basic information concerning such com- plaints and requests for assistance; and ‘‘(D) carry out such other duties with respect to this chapter as the Secretary specifies for purposes of this sec- tion. ’ ’. (b) C L ERI C AL AMENDMENT.—The table of contents of the Trade Act of 19 74 is amended by inserting after the item relating to section 249 the following

‘ Sec.249A . Of f i ce o f Trad eAd justm e n t Assistance. ’ ’. SEC.1852 . A CC OUNT A BIL IT Y O F STATE A G ENCIES COLLECTION AN DP UBLICATION OF P R OGRA M DATA; AGREEMENTS W IT H STATES. (a) I N 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 accord- ance with subsection (f), shall make available to adversely affected workers and adversely affected incumbent workers cov- ered by a certification under subchapter A the employment and case management services described in section 23 5 ,’’; and (2) by striking ‘‘will’’ each place it appears and inserting ‘‘shall’’. (b) FORM AND M ANNER O F DATA.—Section 239 of the Trade Act of 1974 (19 U.S.C. 2311) is amended— (1) by redesignating subsections (c) through (g) as sub- sections (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.’’.


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 123STA T . 3 9 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 (c)STA T EAC T IV ITIE S.— S e c tion239 ( g )o f t h e Trad eActof 1 9 74 (a s redesignated) is a m ended— (1) in p aragraph (3) ,by stri k ing ‘ ‘and ’ ’ attheend (2) by amending paragraph (4) to read as fo l lo w s ‘‘(4) perform o u treach to, intake of, and orientation for ad v ersely 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 certifi - cation 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 F ederal programs.’’. (d) R E POR TI NG RE QU IRE M ENT.—Section 239(h) of the Trade Act of 1974 (as redesignated) is amended by striking ‘‘199 8 .’’ 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) CONTRO LM EASURES.—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) I N GENERAL.—The Secretary shall re q uire each cooper- ating State and cooperating State agency to implement effective control measures and to effectively oversee the operation and administration of the trade ad j ustment assistance program under this chapter, including by means of monitoring the oper- ation of control measures to improve the accuracy and timeli- ness of the data being collected and reported. ‘‘(2) D E F INITION.—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 com- prehensive 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 pro- gram. ‘‘(2) CORE IN D ICATORS DESCRI B ED.— ‘‘(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; Requir e m e nts.


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 123STA T . 3 9 2 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ‘ ‘ (i i )thep e rc e n t ag e ofsu ch w or k ers who are e m p l o y e d in each of the third and fourth calendar q uarters following the calendar quarter in which the workers cease recei v ing such b enefits and ‘‘(iii) the earnings of such workers in each of the third and fourth calendar quarters following the cal - endar quarter in which the workers cease receiving such benefits . ‘‘( B ) AD D IT I ONAL INDI C ATO RS . —T he S ecretary and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the trade ad j ustment assistance program under this chapter , as appropriate. ‘‘( 3 ) STANDARDS W IT H R E S P ECT TO RELIA B ILIT Y O F DATA.— I n preparing the quarterly report required by paragraph ( 1 ), each cooperating State or cooperating State agency shall estab- lish procedures that are consistent with guidelines to be issued by the Secretary to ensure that the data reported are valid and reliable. ’ ’. SEC.1853 . V E RIF IC AT I ON OFE L I G I B ILIT Y FOR P ROGRA M BENEFITS. Section 2 3 9 of the Trade Act of 19 74 (19 U .S. C . 2311), as amended, is further amended by adding at the end the following ‘‘(k) V ERIFICATION OF E LI G IBILITY FOR P ROGRA M 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 citi z en or national of the United States remains in a satisfac- tory immigration status. O nce 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. 132 0 b-7(d)) for purposes of establishing a worker’s eligibility for unemployment compensation, the State shall reverify the worker’s immigration status if the documenta- tion provided during initial verification will e x pire 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) PROCED U RES.—The Secretary shall establish proce- dures to ensure the uniform application by the States of the requirements of this subsection.’’. SEC. 185 4 . COLLECTION OF D ATA AND REPORTS INFORMATION TO W OR K ERS. (a) IN G ENERAL.—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. 2 4 9 B. COLLECTION AND P U BLICATION OF DATA AND REPORTS; INFORMATION TO WORKERS. ‘‘(a) IN GENERAL.— N ot later than 1 8 0 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 appro- priate to effectively carry out this chapter. System.19U S C23 23. I mm igra ti on . P ro c e du res.


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 123STA T . 3 9 3 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ‘ ‘ (b)DAT AT OBEINCLUD ED .—Thesy s t e mr e qui re d u n der sub - se c ti o n( a ) sha l l include collection o f and re p ortin g on the follo w ing data for each fiscal year ‘‘( 1 ) DATA ON P ET I TION SF ILED , CE R TIFIED, AND DENIED.— ‘‘( A ) The number of petitions filed, certified, and denied under this chapter. ‘‘(B) The number of wor k ers co v ered 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 eligi- bility and ‘‘(ii) congressional district of the U nited S tates. ‘‘(D) The average time for processing such petitions. ‘‘( 2 ) DATA ON B ENEFITS RECEI V ED.— ‘‘(A) The number of workers receiving benefits under this chapter. ‘‘(B) The number of workers receiving each type of benefit, including training, trade read j ustment allowances, employment and case management services, and relocation and job search allowances, and, to the e x tent feasible, credits for health insurance costs under section 35 of the Internal R evenue Code of 1 986 . ‘‘(C) The average time during which such workers receive each such type of benefit. ‘‘(3) DATA ON TRAININ G .— ‘‘(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 customi z ed 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 OUTCO M ES.— ‘‘(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.— W hether rapid response activities were provided with respect to each petition filed under section 221. ‘‘(c) CLASSIFICATION OF DATA.—To the extent possible, in col- lecting and reporting the data described in subsection (b), the Secretary shall classify the data by industry, State, and national totals. ‘‘(d) REPORT.— N ot 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 M eans of the H ouse of Representa- tives a report that includes—


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 123STA T . 3 94PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ‘ ‘ (1)asum ma ryofthein formation c o l lecte d under this section for the p recedin g fiscal year ‘‘( 2 ) information on the distri b ution of funds to each S tate pursuant to section 2 36 (a)(2); and ‘‘(3) any recommendations of the Secretary w ith respect to changes in eligibility re q uirements , benefits, or training funding under this chapter based on the data collected under this section . ‘‘(e) AVAIL A B ILI TYOFD ATA. — ‘‘(1) INGE NE R AL.— T he Secretary shall ma k ea v ailable to the public, by publishing on the website of the Department of L abor and by other means, as appropriate— ‘‘(A) the report required under subsection (d); ‘‘( B ) the data collected under this section, in a search - able 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) UPD ATE S .—The Secretary shall update the data under paragraph (1) on a quarterly basis. ’ ’. (b) CLERI C ALA M ENDMENT.—The table of contents of the Trade Actof1 974 is amended by inserting after the item relating to section 249A the following

‘ Sec.249B . Col lec ti o na n dpub lication o f data and r eport s; infor m ation to w or k- ers. ’ ’. (c) E FFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act. SEC.185 5. FRAUD A N D REC OV ER Y OF OVER P AY M EN T S. Section 243(a)(1) of the Trade Act of 1974 (19 U.S.C. 231 5 (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 pre- scribed 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 e x penses of the indi- vidual (or household)’’. SEC. 185 6 . SENSE OF CON G RESS ON APP LI CATION OF TRADE AD J UST - MENT ASSISTANCE. (a) IN G ENERAL.—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. 2 88. 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 ad j ustment assistance for workers), chapter 3 (relating to adjustment assistance for firms), chapter 4 (relating to adjust- ment assistance for communities), and chapter 6 (relating to adjust- ment assistance for farmers), respectively, with the utmost regard 19USC23 9 7a. 19 USC 2323 note . D ea dli ne. W e bp o s tin g .


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 123STA T . 3 95PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 09 forthein tere s ts of w or k ers , fir m s, c omm u nities, a n d farmers p eti - tionin g for b enefits under such chapters .’ ’. ( b )CLERICA L AM E ND MEN T . —T he tab l e of contents of the Trade Act of 1974 is amended b y inserting after the item relating to section 28 7 the following

‘ Sec.28 8. Se ns e ofC on gr ess. ’ ’. SEC.1857 .C ON S ULTA T I ONS IN PR O M UL G ATION O F REGULATIONS. S ection 248 of the Trade Act of 1974 (19 U .S.C. 2 3 2 0 )is amended— (1) by striking ‘ ‘The Secretary shall’’ and inserting the following: ‘‘(a) I N G ENERAL.—The Secretary shall’’ and (2) by adding at the end the following: ‘‘(b) C O N SU LTATIONS.— N ot later than 90 days before issuing a regulation under subsection (a), the Secretary shall consult with the Committee on F inance of the Senate and the Committee on W ays and M eans of the H ouse of R epresentati v es with respect to the regulation.’’. SEC. 1858. TEC H NICAL CORRECTIONS. (a) D ETERMINATIONS BY SECRETARY O FL ABOR.—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) Q UALIFYIN G RE Q UIREMENTS FOR WOR K ERS.—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) SUB P OENA P O W ER.—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 ‘‘SUBP O ENA’’; (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. 2 49 . S ubp oen a po w er.’’. Deadlin e .


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 123STA T . 3 96PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 PARTI I — TRA DE AD JUS T M E N T ASSISTAN C E FO R FIRMS SEC.186 1.E XPAN S IO N T OSE RV ICE SECTOR F IR M S. (a)INGE NE RAL.—Section251 o f t h e Tr a d e A ctof1 974 (19 U .S. C .2 3 41) i s a m ended by insertin g‘ ‘or ser v ice sector firm ’ ’ after ‘‘agric ul tural firm’’ each p lace it appears. (b) D E FI NI T I O NOFSER V I C E SECTOR F IR M .—Section 2 6 1 of the Trade Act of 1974 (19 U.S.C. 2351) is amended— (1) by stri k ing ‘‘chapter , ’’ and inserting ‘‘chapter ’’ (2) by striking ‘‘the term ‘firm’ ’’ and inserting the follo w ing: ‘‘(1) FIRM.—The term ‘firm’ ’’; and (3) by adding at the end the following: ‘‘(2) SERVICE S ECTOR FIRM.—The term ‘service sector firm’ means a firm engaged in the business of supplying services.’’. (c) CONFORMIN G AMEN D MENTS.— (1) Section 251(c)(1)(C) of the Trade Act of 1974 (19 U.S.C. 2341(c)(1)(C)) is amended— (A) by inserting ‘‘or services’’ after ‘‘articles’’ the first place it appears; and ( B ) by inserting ‘‘or services which are supplied’’ after ‘‘produced’’. (2) Section 251(c)(2)(B)(ii) of such Act is amended to read as follows: ‘‘(ii) Any firm that engages in e x ploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.’’. SEC. 186 2 .MO D IFICATION OF RE QU IREMENTS FOR CERTIFICATION. Section 251(c)(1)(B) of the Trade Act of 1974 (19 U.S.C. 2341(c)(1)(B)) is amended to read as follows: ‘‘(B) that— ‘‘(i) sales or production, or both, of the firm have decreased absolutely, ‘‘(ii) sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the 12 - month period preceding the most recent 12-month period for which date are available have decreased absolutely, ‘‘(iii) sales or production, or both, of the firm during the most recent 12-month period for which data are avail- able have decreased compared to— ‘‘(I) the average annual sales or production for the firm during the 24-month period preceding that 12-month period, or ‘‘(II) the average annual sales or production for the firm during the 36-month period preceding that 12-month period, and ‘‘(iv) sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the most recent 12-month period for which data are available have decreased compared to— ‘‘(I) the average annual sales or production for the article or service during the 24-month period pre- ceding that 12-month period, or


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 123STA T . 3 97PUBLIC LA W 111 –5—FE B. 17 , 2 0 09 ‘ ‘ (I I )theav e r a g ea n n u a ls ales o r p ro d u c t i on f or the article or service during the 36-m onth period pre- ceding that 12 -month period , and ’ ’ .SEC.1863 . BA S I S FORD E T ER M I N ATIONS. S ection 2 5 1 of the T rade A ctof1 974 (19 U .S. C . 2341), as amended, is further amended by adding at the end the follo w ing ‘‘(e) BASI S FOR S EC RE T AR Y ’S D ETER M I N ATIONS. —F or purposes of subsection (c)(1)(C), the Secretary may determine that there are increased imports of li k e or directly competitive articles or services, if customers accounting for a significant percentage of the decrease in the sales or production of the firm certify to the Secretary that such customers have increased their imports of such articles or services from a foreign country, either absolutely or relative to their ac q uisition of such articles or services from sup- pliers located in the United States. ‘‘(f) N OTIFICATION TO FIRMS OF A V AI L A B ILITY OF BENEFITS.— Upon receiving notice from the Secretary of L abor under section 225 of the identity of a firm that is covered by a certification issued under section 223, the Secretary of Commerce shall notify the firm of the availability of ad j ustment assistance under this chapter.’’. SEC. 186 4 . O V ERSI GH T AND ADMINISTRATION A U THORI Z ATION OF A P PROPRIATIONS. (a) IN G ENERAL.—Chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.) is amended— (1) by striking sections 254, 255, 256, and 257 (2) by redesignating sections 25 8, 259, 26 0 , 261, 262, 264, and 265, as sections 256, 257, 258, 259, 260, 261, and 262, respectively; and (3) by inserting after section 253 the following: ‘ ‘SEC. 25 4. OVERSIGHT AND ADMINISTRATION. ‘‘(a) IN GENERAL.—The Secretary shall, to such e x tent and in such amounts as are provided in appropriations Acts, provide grants to intermediary organi z ations (referred to in section 253(b)(1)) throughout the United States pursuant to agreements with such intermediary organizations. E ach such agreement shall require the intermediary organization to provide benefits to firms certified under section 251. The Secretary shall, to the maximum extent practicable, provide by O ctober 1, 2010, that contracts entered into with intermediary organizations be for a 12-month period and that all such contracts have the same beginning date and the same ending date. ‘‘(b) DISTRIB U TION OF FUN D S.— ‘‘(1) IN G ENERAL.—Not later than 90 days after the date of the enactment of this subsection, the Secretary shall develop a methodology for the distribution of funds among the inter- mediary organizations described in subsection (a). ‘‘(2) P ROM P T INITIAL DISTRIBUTION.—The methodology described in paragraph (1) shall ensure the prompt initial dis- tribution of funds and establish additional criteria governing the apportionment and distribution of the remainder of such funds among the intermediary organizations. ‘‘(3) CRITERIA.—The methodology described in paragraph (1) shall include criteria based on the data in the annual report on the trade adjustment assistance for firms program Crite ri a.D ea dl i n e. M et ho dolo gy . Deadline. Contra c t s . G rants. 19US C 234 4. 19 USC 234 8– 23 5 2, 2354, 2355. 19 USC 2344–234 7 . Certi f ication.


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 123STA T . 3 98PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 describ edi n sec t i o n 186 6o f t h e T r a de and Gl obali z ation A d ju st -m ent Assistance Act of 20 0 9.‘ ‘ ( c )REQUIR E M E NTSFO R C ONTR AC TS. — Ana g reement w ith an intermediar y organization described in subsection (a) shall re q uire the intermediary organization to contract for the su p ply of ser v ices to carry out grants under this chapter in accordance with terms and conditions that are consistent with guidelines established by the S ecretary. ‘‘(d) CONSU L TATIONS.— ‘‘(1) CONSULTATIONS RE G AR D ING MET H ODOLOG Y .—The Sec- retary shall consult with the Committee on F inance of the Senate and the Committee on W ays and M eans of the H ouse of Representatives— ‘‘(A) not less than 3 0 days before finalizing the method- ology described in subsection (b) and ‘‘( B ) not less than 60 days before adopting any changes to such methodology. ‘‘(2) CONSULTATIONS REGARDING GUIDELINES.—The Sec- retary 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 60 days before finalizing the guidelines described in subsection (c) or adopting any subse- quent changes to such guidelines. ‘ ‘ SEC.25 5. AUTHORIZ ATIO N O F A P PROPRIATIONS. ‘‘(a) I N GENERAL.—There are authorized to be appropriated to the Secretary $5 0, 000,000 for each of the fiscal years 2009 through 2010, and $12,501,000 for the period beginning O ctober 1, 2010, and ending D ecember 31, 2010, to carry out the provisions of this chapter. Amounts appropriated pursuant to this subsection shall— ‘‘(1) be available to provide adjustment assistance to firms that file a petition for such assistance pursuant to this chapter on or before December 31, 2010; and ‘‘(2) otherwise remain available until e x pended. ‘‘(b) P ERSONNEL.—Of the amounts appropriated pursuant to this section for each fiscal year, $350,000 shall be available for full-time positions in the Department of Commerce to administer the provisions of this chapter. Of such funds the Secretary shall ma k e available to the E conomic Development Administration such sums as may be necessary to establish the position of Director of Adjustment Assistance for Firms and such other full-time posi- tions as may be appropriate to administer the provisions of this chapter. ’ ’. (b) RESIDUAL AUTHORITY.—The Secretary of Commerce shall have the authority to modify, terminate, resolve, liquidate, or take any other action with respect to a loan, guarantee, contract, or any other financial assistance that was extended under section 25 4, 255, 256, or 25 7 of the Trade Act of 1974 (19 U .S.C. 2344, 2345, 2346, and 2347), as in effect on the day before the effective date set forth in section 1891. (c) CONFORMING AMENDMENTS.— (1) Section 256 of the Trade Act of 1974, as redesignated by subsection (a) of this section, is amended by striking sub- section (d). (2) Section 258 of the Trade Act of 1974, as redesignated by subsection (a) of this section, is amended— 19USC2350. 19 USC 23 48 . 19 USC 2344 note . Es t abli s hm ent. D ea d line. T ime p e r iod. 19 USC 2345. Deadlines. Gu idelines.


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 123STA T . 3 9 9 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 (A)inthef i rs t senten c e ,by stri k in g‘ ‘ a n d financia l’ ’ and ( B ) in the last sentence — (i) by striking ‘‘secti o ns 253 and 25 4 ’’ and inserting ‘‘section 253’’; and (ii) by striking ‘‘title 2 8 of the U nited S tates C ode’’ and inserting ‘‘title 28, United States Code’’ . (d) C LERICA LA M E ND MEN TS .— T he table of contents of the Trade Act of 197 4isa m ended by striking the items relating to sections 254, 255, 25 6, 257, 258, 259, 26 0 , 261, 262, 264, and 265, and inserting the follo w ing

‘ Sec.254 . Ov e rsightand ad m inistrati o n. ‘‘Sec. 255. Au thori z ation o f a p propriations. ‘‘Sec. 25 6 . P rotective provisions. ‘‘Sec. 25 7 . Pena l ties. ‘‘Sec. 25 8 . C ivil actions. ‘‘Sec. 25 9 . D efinitions. ‘‘Sec. 26 0 . R egulations. ‘‘Sec. 26 1 . Stud yb y Secretary of Commerce w hen I nternational T rade Commission begins investigation action where there is affirmative finding. ‘‘Sec. 262. Assistance to industries. ’ ’. (e) EF FECTI V E D ATE.—This section and the amendments made by this section shall take effect up onthee x piration of the 90 - day period beginning on the date of the enactment of this Act, except that subsections (b) and (d) of section 254 of the Trade Act of 1974 (as added by subsection (a) of this section) shall take effect on such date of enactment. SEC.1865 . IN C R E A SE DP ENA LT IES FO R FALSE STATE M ENTS. Section 257 of the Trade Act of 1974, as redesignated by section 1864(a), is amended to read as follows: ‘ ‘SEC. 2 5 7 . 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, or willfully o v ervalues any security, for the purpose of influ- encing in any way a determination under this chapter, or for the purpose of obtaining money, property, or anything of value under this chapter, 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 inves- tigation of a petition under this chapter, shall be imprisoned for not more than 2 years, or fined under title 18, United States Code, or both.’’. SEC. 1866. ANN U AL REPORT ON TRADE AD J USTMENT ASSISTANCE FOR FIRMS. (a) I N G ENERAL.— N ot later than December 15, 2009, and each year thereafter, the Secretary of Commerce shall prepare a report containing data regarding the trade ad j ustment assistance for firms program provided for in chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et se q .) for the preceding fiscal year. The data shall include the following: (1) The number of firms that inquired about the program. (2) The number of petitions filed under section 251. (3) The number of petitions certified and denied. (4) The average time for processing petitions. 19USC2356. 19 USC 23 4 9. 19 USC 2344 note .


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 123STA T .40 0 PUBLIC LA W 111 –5—FE B.1 7, 200 9(5)Thenumb e rofp e ti tion s fi l e da nd firms c ertified for each con g ressional district of the U nited S tates . ( 6 ) The number of firms that recei v ed assistance in pre - paring their petitions. ( 7 ) The number of firms that received assistance developing business recover y plans. ( 8 ) The number of business recovery plans approved and denied by the Secretary of C ommerce. ( 9 ) Sales , employment, and productivity at each firm participating in the program at the time of certification. ( 10 ) Sales, employment, and productivity at each firm upon completion of the program and each year for the 2 -year period follo w ing completion. (11) The financial assistance received by each firm partici- pating in the program. (12) The financial contribution made by each firm partici- pating in the program. (1 3 ) The types of technical assistance included in the busi- ness recovery plans of firms participating in the program. (1 4 ) The number of firms leaving the program before com- pleting the pro j ect or projects in their business recovery plans and the reason the project was not completed. (b) C LAS S IF I C A T I ON OF D ATA. — Tothee x tent possible, in col- lecting and reporting the data described in subsection (a), the Secretary shall classify the data by intermediary organi z ation, State, and national totals. (c) REP O R TTOCON G RESS LICATION.—The Secretary of Com- merce shall— (1) submit the report described in subsection (a) to the Committee on F inance of the Senate and the Committee on W ays and M eans of the H ouse of Representatives; and (2) publish the report in the Federal Register and on the website of the Department of Commerce. (d) PROTECTION OF CONFI D ENTIAL I NFOR M ATION.—The Sec- retary of Commerce may not release information described in sub- section (a) that the Secretary considers to be confidential business information unless the person submitting the confidential business information had notice, at the time of submission, that such information would be released by the Secretary, or such person subse q uently consents to the release of the information. N othing in this subsection 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. SEC.1867 . T EC HNI C AL C OR RECTIONS. (a) IN G ENERAL.—Section 251 of the Trade A ct of 1974 (19 U.S.C. 2341), as amended, is further amended— (1) in subsection (a), by stri k ing ‘ ‘he has ’ ’ and inserting ‘‘the Secretary has’’; and (2) in subsection (d), by striking ‘‘60 days’’ and inserting ‘‘40 days’’. (b) TEC H NICAL ASSISTANCE.—Section 253(a)(3) of the Trade Act of 1974 (19 U.S.C. 2343(a)(3)) is amended by striking ‘‘of a certified firm’’ and inserting ‘‘to a certified firm’’. Fed e ralR e gist er ,pub li c ati on.
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Page:United States Statutes at Large Volume 123.djvu/421

 123STA T .40 1 PUBLIC LA W 111 –5—FE B.1 7, 200 9PARTI II — TRA DE AD JUS T M E N T ASSISTAN C E FO R COMMUNITIES SEC.187 1. PUR P O SE. Thepur p os eo ft he am e nd ments made by th i s part is to assist c ommunities impacted by trade w ith economic ad j ustment throu g h the coordination of F edera l,S tate, and local resources, the creation of community - based de v elopment strategies, and the development and provision of programs that meet the training needs of wor k ers covered by certifications under section 2 2 3. SEC. 187 2 . T R AD EAD J UST M E N T ASS I STANCE F OR COMMUNITIES. ( a )INGE NE RAL . —C hapter 4 of title II of the Trade A ct of 197 4 (19 U .S.C. 2371 et se q .) is amended to read as follows

‘ CHAPTER4— TRA D EAD JUS T M E N T ASS I STANCE FO R COMMUNITIES ‘‘S ubchapter A—Tra d eAd j u s t m e n t Ass i stance fo r Communities ‘ ‘SEC. 271. DEFINITIONS. ‘ ‘In this subchapter: ‘‘(1) A G R ICU L T URAL C OM MO D IT YP RODUCER.—The term ‘agri- cultural 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 B Y TRADE.—The term ‘commu- nity impacted by trade’ means a community described in section 273(b)(2). ‘‘(4) E LIGIBLE 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. ESTA BL IS H MENT OF TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES PRO G RAM. ‘‘ N ot later than August 1, 2 0 09, the Secretary shall establish a trade adjustment assistance for communities program at the D epartment 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 27 6 . ‘‘SEC. 27 3 . ELIGIBILIT Y; NOTIFICATION. ‘‘(a) P ETITION.— ‘‘(1) IN GENERAL.—A community may submit a petition to the Secretary for an affirmative determination under sub- section (b)(1) that the community is eligible to apply for assist- ance under this subchapter if— Deadlin e s.19USC237 1 b. Gr an t s. Deadline. 19 USC 2371a. 19 USC 2371. 19 USC 2371 n o te.


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Page:United States Statutes at Large Volume 123.djvu/422

 123STA T .40 2 PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ (A)on o rafte rA ug u s t 1,20 0 9 ,oneor m ore c ert i fi - cations d escri b ed in subsection (b)( 3 ) are made w it h res p ect to the communit y; and ‘‘( B ) the community submits the petition not l ater than 1 8 0 days after the date of the most recent certification . ‘‘(2) SPECIALRU LE W I TH RE S PECT T O CERTAI N CO M MU- NITIES. —I n the case of a community with respect to which one or more certifications described in subsection (b)(3) were made on or after J anuary 1, 200 7, and before August 1, 2009, the community may submit not later than F ebruary 1, 2010, a petition to the Secretary for an affirmati v e determination under subsection (b)(1). ‘‘(b) A F FIRMATI V E D ETERMINATION.— ‘‘(1) IN G ENERAL.— T he Secretary shall ma k e an affirmative determination that a community is eligible to apply for assist- ance under this subchapter if the Secretary determines that the community is a community impacted by trade. ‘‘(2) C OMMUNIT Y IMPACTE DB Y 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, j obs associated with any such certification. ‘‘(3) CERTIFICATION DESCRIBED.—A certification described in this paragraph is a certification— ‘‘(A) by the Secretary of L abor 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 assist- ance under section 2 5 1; 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) N OTIFICATIONS.— ‘‘(1) NOTIFICATION TO THE GOVERNOR.—The G overnor of a State shall be notified promptly— ‘‘(A) by the Secretary of Labor, upon making a deter- mination 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 assist- ance under section 251; and ‘‘(C) by the Secretary of Agriculture, upon making a determination that a group of agricultural commodity pro- ducers in the State is eligible for assistance under section 293. ‘‘(2) NOTIFICATION TO COMMUNITY.— U pon making an affirmative determination under subsection (b)(1) that a community is eligible to apply for assistance under this sub- chapter, the Secretary shall promptly notify the community and the Governor of the State in which the community is located— ‘‘(A) of the affirmative determination; Timep e r i od.


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Page:United States Statutes at Large Volume 123.djvu/423

 123STA T .40 3 PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ (B) of theap p lic a b lep r o v i s io n softhiss u bchapter an d ‘‘( C ) of the m eans for obtainin g assistance under this subchapter and other appropriate economic assistance that ma y be available to the community .‘ ‘ SEC.274 . T EC HNI C AL ASSISTANCE. ‘‘(a) INGE NE RAL . —T he S ecretary shall provide comprehensive technical assistance to an eligible community to assist the commu - nity to— ‘‘( 1 ) diversify and strengthen the economy in the commu- nity; ‘‘( 2 ) identify significant impediments to economic develop- ment that result from the impact of trade on the community; and ‘‘( 3 ) develop a strategic plan under section 2 76 to address economic ad j ustment and w or k force dislocation in the commu- nity , including unemployment among agricultural commodity producers. ‘‘(b) C O OR DI NA T ION O FF EDERAL R E SP ONSE.—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) INTERA G EN CY CO M M U NITY A SSISTANCE W OR K ING GROUP.— ‘‘(1) IN GENERAL.—The Secretary shall establish an inter- agency 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) M EM B ERS H IP.—The Working Group shall consist of representatives of any Federal department or agency with responsibility for providing economic adjustment assistance, including the D epartment of Agriculture, the Department of Defense, the Department of E ducation, the Department of L abor, the Department of H ousing and U rban 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. 27 5 . GR ANTS FO R ELIGI B LE CO M M U NITIES. ‘‘(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 19USC237 1 d.Establi s hmen t. 19 USC 2371 c .


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 123STA T .40 4 PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ (B)adescript i on o f t h e pro j ect or pro g ra m inc lu ded in the strategic plan w ith respect to which the communit y see k s the grant . ‘‘( 2 ) CO O RDINAT ION A M ON G GRANT P ROGRAM S . —I f an entity in an eligi b le community is seeking or plans to seek a Commu - nity College and Career T raining G rant under section 2 78 ora S ector P artnership Grant under section 27 9A 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) L IMITATION.—An eligible community may not be awarded more than $5, 0 00,000 under this section. ‘‘(d) COST-S H ARING.— ‘‘( 1 ) FE DERA L SHARE.—The Federal share of a project or program for which a grant is awarded under this section may not e x ceed 95 percent of the cost of such project or program. ‘‘(2) COMM U NIT Y SHARE.—The Secretary shall re q uire, 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 M EDIUM-SI Z ED COMMUNITIES.— The Secretary shall gi v e priority to grant applications submitted under this section by eligible communities that are small- and medium-si z ed communities. ‘‘(f) ANNUAL R EPORT.— N ot later than D ecember 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 W ays and Means of the H ouse 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 .S TRA TE GI C PL A N S. ‘‘(a) IN GENERAL.— ‘‘(1) DE V ELOPMENT.—An eligible community that intends to apply for a grant under section 275 shall— ‘‘(A) develop a strategic plan for the community ’ s eco- nomic adjustment to the impact of trade; and ‘‘(B) submit the plan to the Secretary for evaluation and approval. ‘‘(2) INVOLVEMENT O F PRIVATE AND PU B LI C ENTITIES.— ‘‘(A) IN GENERAL.—To the extent practicable, an eligible community shall consult with entities described in subpara- graph (B) in developing a strategic plan under paragraph (1). ‘‘(B) E NTITIES 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; 19USC237 1 e.


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Page:United States Statutes at Large Volume 123.djvu/425

 123STA T .405PUBLIC LA W 111 – 5 —FE B.1 7, 200 9‘ ‘ (i i )f i rms, i nclud in g sm a ll - and m e dium-si z ed firms, w i th inthec o mmunit y; ‘‘(iii) local wor k force in v estment b oards established under section 1 1 7 of the W orkforce I nvestment A ct of1 9 9 8 ( 2 9 U.S . C .28 3 2); ‘‘(iv) labor organizations, including State labor fed- erations and labor-management initiatives, re p - resenting workers in the community; and ‘‘(v) educational institutions, local educational agencies, or other training providers serving the community. ‘‘(b) C ONTE NT S . —T he strategic plan shall, at a minimum, con- tain the following ‘‘(1) A description and analysis of the capacity of the eligible community to achieve economic ad j ustment 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 stra- tegic 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 re q uired 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) GRA NTS TO D E V E L O P STRATE GICP LANS.— ‘‘(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 e x ceed 75 percent of the cost of devel- oping the strategic plan. ‘‘(2) FU N D STO B E USED.— O f the funds appropriated pursu- ant to section 277(c), the Secretary may make available not more than $ 25, 0 00,000 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.27 7. G E N E RALP R OVI SIONS. ‘‘(a) R EGULATIONS.— 19USC237 1 f.Timep e r i od .


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 123STA T .406PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ (1)INGE NE RAL.—TheS e cr e ta r ys ha l l p rescr ib es u ch re g u - lati on s as are necessary to carry out the pro v isions o f this subchapter , inclu d ing— ‘‘( A ) establishing specific guidelines for the sub m ission and evaluation of strategic plans under section 276; ‘‘( B ) establishing specific guidelines for the submission and evaluation of grant applications under section 27 5 and ‘‘( C ) administering the grant programs established under sections 275 and 276. ‘‘(2) C O N SU L T AT I ONS.—The Secretary shall consult w ith the Committee on F inance of the Senate and the Committee on W ays and M eans of the H ouse of R epresentatives not less than 90 days prior to promulgating any final rule or regulation pursuant to paragraph (1). ‘‘(b) P ERSONNEL.—The Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this subchapter. ‘‘(c) AUT H ORI Z ATION O F A P PROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authori z ed to be appropriated to the Secretary $ 150,000,000 for each of the fiscal years 2009 and 2010, and $ 3 7,500,000 for the period beginning O ctober 1, 2010, and ending D ecember 31, 2010, to carry out this subchapter. ‘‘(2) A V AILA B ILIT Y .—Amounts appropriated pursuant to this subchapter— ‘‘(A) shall be available to provide ad j ustment 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 e x pended. ‘‘(3) SUPPLE M ENT 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. ‘ ‘ SubchapterB—Com mu ni t y Co l le g ean d Career T raining G rant P rogram ‘ ‘ SEC.278 .C OM M UNITY CO L LE G E A N D CA R EER TRAINING GRANT P RO - GRAM. ‘‘(a) G RANTS AUTHORIZE D .— ‘‘(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 wor k ers eligible for training under section 236. ‘‘(2) L IMITATIONS.—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) E LIGIBLE 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)), Ef f ectiv e da te .19USC237 2. D e s i gn ati o n. Dead l ine.


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 123STA T .407PUBLIC LA W 111 –5—FE B. 17 , 200 9butonlywi t hresp e c tto a pro g ra m o f fere d by the institution that can be completed in not more than 2 years .‘ ‘ ( 2 )SECR E TA R Y . —T he term ‘Secretary ’ means the Secretary of L abor. ‘‘(c) G RA N T P R OP O S A L S.— ‘‘( 1 ) I N G ENERAL.— A n eligible institution see k ing to recei v e 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 re q uire. ‘‘(2) G UID ELINES.— N ot later than J une1,2 0 0 9, the Sec - retary 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 D epartment of Labor. ‘‘( 3 ) ASSISTANCE.—The Secretary shall offer assistance in preparing a grant proposal to any eligible institution that requests such assistance. ‘‘( 4 ) GENERAL RE Q UIRE M ENTS F OR GRANT PROPOSALS.— ‘‘(A) IN GENERAL.—A grant proposal submitted to the Secretary under this section shall include a detailed description of— ‘‘(i) the specific pro j ect 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 23 6 ‘‘(ii) the e x tent 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 2 7 6; ‘‘(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 institu- tion in providing educational or career training pro- grams to workers eligible for training under section 236. ‘‘(B) A B SENCE OF E X PERIENCE.—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 ) C OMMUNITY OUTREAC H 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— Webposting.D e adl ine.


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 123STA T .408PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ (I)anyshortc o mi n g sin ex isting e du cationa l and career training o p portunities a v aila b le to w or k ers in the community and ‘‘(II) any f uture employment opportunities within the community and the educational and career training skills re q uired for workers to meet the future employment demand; ‘‘(ii) reached out to other similarly situated institu - tions in an effort to benefit from any best practices that may be shared with respect to providing edu- cational or career training programs to workers eligible for training under section 236 ‘‘(iii) reached out to any eligible partnership in the community that has sought or received a S ector P artnership G rant under section 2 79A 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 con- ducted under subparagraph (A); ‘‘(ii) the extent to which the pro j ect 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-si z ed 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) CRITE RI AFO RA W AR D OF GRA N T S .— ‘‘( 1 )IN G ENERA L .—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 opportuni- ties available to workers who complete an educational or career training program that the eligible institution pro- poses to develop, offer, or improve; and ‘‘(C) an evaluation of prior demand for training pro- grams 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) PRIORIT Y FOR C ERTAIN CO M M U NITIES.—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.
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 123STA T .409PUBLIC LA W 111 –5—FE B.1 7, 2009 ‘ ‘ (3)MATCHINGREQU IRE M ENT S.—Agrant a w ar de d u nder t his se c ti o n m a y not b e used to satis f y any p ri v ate matching re q uirement under any other provision of l aw. ‘‘(e) ANNUA LR E PO RT.— N ot later than D ecember 15 in each of the calendar years 20 0 9 through 2011 , the S ecretary shall submit to the C ommittee on F inance of the Senate and the Committee on W ays and Means of the H ouse 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 wor k ers receiving training under section 23 6 . ‘ ‘ SEC.279 . AUTHORIZ ATIO N O F A P PROPRIATIONS. ‘‘(a) AUTHORI Z ATION O F APPROPRIATIONS.— T here are authori z ed to be appropriated to the Secretary of L abor $4 0,000,000 for each of the fiscal years 2009 and 2010, and $10,000,000 for the period beginning O ctober 1, 2010, and ending December 31, 2010, to fund the Community College and Career Training G rant P rogram. Funds appropriated pursuant to this section shall remain available until e x pended. ‘‘(b) SUPPLEMENT NOT SUPPLANT.—Funds appropriated pursu - ant 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. ‘ ‘ SubchapterC—Ind u s tr yo r Sector P artnersh i p G rant Pro g ra mf or Communities Impacted by T rade ‘‘SEC. 279A. IN D USTR Y OR SECTOR PARTNERSHIP G RANT PROGRA M FOR COMMUNITIES IMPACTED B Y TRADE. ‘‘(a) PURPOSE.—The purpose of this subchapter is to facilitate efforts by industry or sector partnerships to strengthen and revi- talize industries and create employment opportunities for workers in communities impacted by trade. ‘‘(b) DEFINITIONS.— I n this subchapter ‘‘(1) COMMUNIT Y IMPACTE DB Y TRADE.—The term ‘commu- nity impacted by trade ’ has the meaning given that term in section 2 7 1. ‘‘(2) DISLOCATED W OR K ER.—The term ‘dislocated worker’ means a worker who has been totally or partially separated, or is threatened with total or partial separation, from employ- ment in an industry or sector in a community impacted by trade. ‘‘(3) E LIGIBLE 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 199 8 (29 U .S.C. 2832); 19USC237 3 .Timep e r i od . 19 USC 2372 a .


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 123STA T .4 1 0PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ (E)labor or g a niz a t ion s, in c l ud ing S tat e labor f edera - tions and labor- m anagement initiati v es, re p resenting w or k ersint h e communit y; and ‘‘( F ) educational institutions, local educational agen- cies, or other training providers serving the community . ‘‘( 4 ) LEAD E NTI T Y . —T he 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 e x pending any Sector P artnership G rant 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 )SE CR ETARY.—The term ‘Secretary’ means the Secretary of Labor. ‘‘( 6 ) TAR G ETED IND US TRY O R SECTOR.—The term ‘targeted industry or sector’ means the industry or sector represented by an eligible partnership. ‘‘(c) SECTOR PARTNERS H I P GRANTS AUTHORI Z ED.—Beginning on August 1, 20 0 9 , and sub j ect to the appropriation of funds, the Secretary shall award Sector Partnership Grants to eligible partner- ships 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) U SEO F SECTOR PARTNERSHIP GRANTS.—An eligible partner- ship 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 q ualified 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 tar- geted 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 produc- tivity 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 Ef f ectiv e da te .


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 123STA T .4 11 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9the e lig i b le par t n er s hip an do ther lo c al ser v ice s u ppliers that could assist the f ir m s in meeting needs for s k illed w orkers ‘ (7) seeking , appl y ing, and disseminating best practices learned from similarly situated communities impacted by trade in the development and implementation of economic growth and revitali z ation 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 2 7 5 ora C ommunity College and Career T raining G rant under section 278 (sub j ect to meeting any additional re q uirements of those sections) . ‘‘(e) G RANTP R OP O S A L S. — ‘‘( 1 ) I N GE NERAL.—The lead entity of an eligible partnership seeking to receive a S ector 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 Sec - retary may require. ‘‘(2) GENERAL RE QUI RE M ENTS O F GRANT PROPOSALS.— A grant proposal submitted under paragraph (1) shall, at a min- imum— ‘‘(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 )e x plain— ‘‘(i) whether— ‘‘(I) the community impacted by trade has sought or received a community grant under sec- tion 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) A W AR D OF GRANTS.— ‘‘(1) IN GENERAL.— U pon application by the lead entity of an eligible partnership, the Secretary may award a Sector Partnership Grant to the eligible partnership to assist the


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 123STA T .4 12 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9partne r shi pin c arr y in gou tanyo f the pro j ects in the grant proposa l that the S ecretary d eter m ines w ill further the pur - poses of this su b chapter .‘ ‘ (2)LIM I TA TI ONS . —A n eligible partnership may not be awarded— ‘‘(A) more than one Sector P artnership G rant or ‘‘( B ) a total grant award under this subchapter in e x cess of— ‘‘(i) except as pro v ided in clause (ii) ,$ 2, 50 0,000; 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 C ommunity College and Career T raining Grant under section 2 78, $ 3 ,000,000. ‘‘(g) A D MINIST R ATION BY T HE SE C RETARY.— ‘‘( 1 ) TECHNICA L ASSISTANCE AND O V ERSI G HT.— ‘‘(A) I N GENERAL.—The Secretary shall provide tech- nical 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 pro- vided under subparagraph (A) shall include providing con- ferences and such other methods of collecting and dissemi- nating information on best practices developed by eligible partnerships as the Secretary determines appropriate. ‘‘(C) GRANTS OR CONTRACTS F OR TECHNICAL ASSIST- ANCE.—The Secretary may award a grant or contract to one or more national or State organi z ations to provide technical assistance to foster the planning, formation, and implementation of eligible partnerships. ‘‘(2) PERFORMANCE MEAS U RES.—The Secretary shall issue a range of performance measures, with q uantifiable bench- mar k s, 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) R E P ORTS.— ‘‘(1) PROGRESS REPORT.— N ot 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 Part- nership Grant approved by the Secretary under this sub- chapter. ‘‘(2) ANNUAL REPORT.—Not later than D ecember 15 in each of the calendar years 200 9 through 2011, the Secretary shall submit to the Committee on F inance of the Senate and the


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 123STA T .4 13 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9Com m it t e eo nWays an dM eans o f t h e H o u se of R e pr esentati v es a report —‘ ‘ (A) des c ri b in g each S ector P artnership G rant a w arded toane l igible 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 wor k ers and employers in communities impacted by trade .‘ ‘ SEC.279B . AUTHORIZ ATIO N O F A P PROPRIATIONS. ‘‘(a) IN G E NE RAL .— T here are authori z ed to be appropriated to the Secretary of L abor $40, 000,000 for each of the fiscal years 2 00 9 and 20 1 0, and $10,000,000 for the period beginning O ctober 1, 2010, and ending D ecember 3 1, 2010, to carry out the Sector Partnership Grant program under section 2 7 9A. F unds appropriated pursuant to this section shall remain available until e x pended. ‘‘(b) S UP PLE M EN TNO T SUPPLANT.—Funds appropriated pursu - ant 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) A D M I NI S TRATI V E 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. ‘ ‘ SubchapterD—G e n era lP r ovis ions ‘‘SEC. 279C. RU L E OF CONSTRUCTION. ‘‘Nothing in this chapter prevents a worker from receiving trade ad j ustment 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 sub- chapter 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. 18 7 3 . CONFOR M IN G AMEN D MENTS. (a) TA B LEO F 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

‘ CHAPTER4—T RA D E A D JUS T M E N T ASS I STAN C E FO R COMMUNITIES ‘‘ Subchapter A—Tra d eAd j u s t m e n t Ass i stance fo r Communities ‘‘Sec .271 . D efinitions. ‘‘Sec. 272. E stab l ishment of trade adjustment assistance for communities pro g ram. ‘‘Sec. 27 3 . Eligibilit y; notification. ‘‘Sec. 274. Technical assistance. ‘‘Sec. 27 5 . G rants for eligible communities. ‘‘Sec. 27 6 . Strategic plans. ‘‘Sec. 277. General pro v isions. ‘‘Subchapter B —Community College and Career Training Grant P rogram ‘‘Sec. 27 8 . Community college and career training grant program. ‘‘Sec. 27 9 . Authori z ation of appropriations. 19USC2374.Timep e r i od . 19 USC 2373 a .