S 1117
112th CONGRESS
1st Session
S. 1117
To amend section 35 of the Internal Revenue Code of 1986 to
improve the health coverage tax credit, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 26, 2011
Mr. ROCKEFELLER (for himself, Ms. STABENOW, and Mr. BROWN of Ohio)
introduced the following bill; which was read twice and referred to
the Committee on Finance
A BILL
To amend section 35 of the Internal Revenue Code of 1986 to
improve the health coverage tax credit, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `TAA Health Coverage Improvement
Act of 2011'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Improvement of the affordability of the credit.
Sec. 3. 100 percent credit and payment for monthly premiums paid prior
to certification of eligibility for the credit.
Sec. 4. Eligibility for certain pension plan recipients; presumptive
eligibility.
Sec. 5. Clarification of 3-month creditable coverage requirement.
Sec. 6. TAA pre-certification period and PBGC recipient rule for purposes
of determining whether there is a 63-day lapse in creditable coverage.
Sec. 7. Continued qualification of family members after certain events.
Sec. 8. Permanent extension of COBRA benefits for certain TAA-eligible
individuals and PBGC recipients.
Sec. 9. TAA recipients not enrolled in training programs eligible
for credit.
Sec. 10. Offering of Federal group coverage.
Sec. 11. Additional requirements for individual health insurance costs.
Sec. 12. Alignment of COBRA coverage with TAA period for TAA-eligible
individuals.
Sec. 13. Notice requirements.
Sec. 14. Extension of national emergency grants.
SEC. 2. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.
(a) Improvement of Affordability-
(1) IN GENERAL- Section 35(a) of the Internal Revenue Code of 1986
(relating to credit for health insurance costs of eligible individuals)
is amended by striking `65 percent (80 percent in the case of eligible
coverage months beginning before February 13, 2011)' and inserting
`95 percent'.
(2) CONFORMING AMENDMENT- Section 7527(b) of such Code (relating to
advance payment of credit for health insurance costs of eligible individuals)
is amended by striking `65 percent (80 percent in the case of eligible
coverage months beginning before February 13, 2011)' and inserting
`95 percent'.
(b) Effective Date- The amendments made by this section shall apply
to eligible coverage months (as defined in section 35(b) of the Internal
Revenue Code of 1986) beginning after February 13, 2011.
SEC. 3. 100 PERCENT CREDIT AND PAYMENT FOR MONTHLY PREMIUMS PAID PRIOR
TO CERTIFICATION OF ELIGIBILITY FOR THE CREDIT.
(a) In General- Subsection (a) of section 35 of the Internal Revenue
Code of 1986, as amended by section 2(a)(1), is amended--
(1) by striking the subsection heading and all that follows through
`In case' and inserting `Amount of Credit-
`(1) IN GENERAL- In case', and
(2) by adding at the end the following new paragraph:
`(2) 100 PERCENT CREDIT FOR MONTHS PRIOR TO ISSUANCE OF ELIGIBILITY
CERTIFICATE- The amount allowed as a credit against the tax imposed
by subtitle A shall be equal to 100 percent in the case of the taxpayer's
first eligible coverage months occurring prior to the issuance of
a qualified health insurance costs credit eligibility certificate.'.
(b) Payment for Premiums Due Prior to Certification of Eligibility for
the Credit- Section 7527 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
`(f) Payment for Premiums Due Prior to Issuance of Certificate- The
program established under subsection (a) shall provide--
`(1) that the Secretary shall make payments on behalf of a certified
individual of an amount equal to 100 percent of the premiums for coverage
of the taxpayer and qualifying family members under qualified health
insurance for eligible coverage months (as defined in section 35(b))
occurring prior to the issuance of a qualified health insurance costs
credit eligibility certificate; and
`(2) that any payments made under paragraph (1) shall not be included
in the gross income of the taxpayer on whose behalf such payments
were made.'.
(c) Effective Date- The amendments made by this section shall apply
to months beginning after the date of the enactment of this Act in taxable
years ending after such date.
SEC. 4. ELIGIBILITY FOR CERTAIN PENSION PLAN RECIPIENTS; PRESUMPTIVE
ELIGIBILITY.
(a) Eligibility for Certain Pension Plan Recipients- Subsection (c)
of section 35 of the Internal Revenue Code of 1986 is amended--
(A) by striking `and' at the end of subparagraph (B),
(B) by striking the period at the end of subparagraph (C) and inserting
`, and', and
(C) by adding at the end the following new subparagraph:
`(D) an eligible multiemployer pension participant.', and
(2) by adding at the end the following new paragraph:
`(5) ELIGIBLE MULTIEMPLOYER PENSION RECIPIENT- The term `eligible
multiemployer pension recipient' means, with respect to any month,
any individual--
`(A) who has attained age 55 as of the first day of such month,
`(B) who is receiving a benefit from a multiemployer plan (as defined
in section 3(37)(A) of the Employee Retirement Income Security Act
of 1974), and
`(C) whose former employer has withdrawn from such multiemployer
plan pursuant to section 4203(a) of such Act.'.
(b) Presumptive Eligibility for Petitioners for Trade Adjustment Assistance-
Subsection (c) of section 35 of the Internal Revenue Code of 1986, as
amended by subsection (a), is amended by adding at the end the following
new paragraph:
`(6) PRESUMPTIVE STATUS AS A TAA RECIPIENT- The term `eligible individual'
shall include any individual who is covered by a petition filed with
the Secretary of Labor under section 221 of the Trade Act of 1974.
This paragraph shall apply to any individual only with respect to
months which--
`(A) end after the date that such petition is so filed, and
`(B) begin before the earlier of--
`(i) the 90th day after the date of filing of such petition, or
`(ii) the date on which the Secretary of Labor makes a final determination
with respect to such petition.'.
(c) Conforming Amendments-
(1) Paragraph (1) of section 7527(d) of the Internal Revenue Code
of 1986 is amended by striking `or an eligible alternative TAA recipient
(as defined in section 35(c)(3))' and inserting `, an eligible alternative
TAA recipient (as defined in section 35(c)(3)), an eligible multiemployer
pension recipient (as defined in section 35(c)(5), or an individual
who is an eligible individual by reason of section 35(c)(6)'.
(2) Section 173(f)(4) of the Workforce Investment Act of 1998 (29
U.S.C. 2918(f)(4)) is amended--
(A) in subparagraph (B), by striking `and' at the end; and
(B) by inserting after subparagraph (C) the following new subparagraphs:
`(D) an eligible multiemployer pension recipient (as defined in
section 35(c)(5) of the Internal Revenue Code of 1986), and
`(E) an individual who is an eligible individual by reason of section
35(c)(6) of the Internal Revenue Code of 1986,'.
(d) Technical Amendment Clarifying Eligibility of Certain Displaced
Workers Receiving a Benefit Under a Defined Benefit Pension Plan- The
first sentence of section 35(c)(2) of the Internal Revenue Code of 1986
is amended by inserting before the period the following: `, and shall
include any such individual who would be eligible to receive such an
allowance but for the fact that the individual is receiving a benefit
under a defined benefit plan (as defined in section 3(35) of the Employee
Retirement Income Security Act of 1974).'.
(e) Effective Date- The amendments made by this section shall apply
to months beginning after the date of the enactment of this Act in taxable
years ending after such date.
SEC. 5. CLARIFICATION OF 3-MONTH CREDITABLE COVERAGE REQUIREMENT.
(a) In General- Clause (i) of section 35(e)(2)(B) of the Internal Revenue
Code of 1986 is amended by inserting `(prior to the employment separation
necessary to attain the status of an eligible individual)' after `9801(c))'.
(b) Effective Date- The amendment made by this section shall apply to
months beginning after the date of the enactment of this Act in taxable
years ending after such date.
SEC. 6. TAA PRE-CERTIFICATION PERIOD AND PBGC RECIPIENT RULE FOR PURPOSES
OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.
(a) ERISA Amendment- Section 701(c)(2) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1181(c)(2)) is amended by striking subparagraph
(C) and by inserting the following new subparagraphs:
`(C) TAA-ELIGIBLE INDIVIDUALS-
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the case of a TAA-eligible
individual, the period beginning on the date the individual has
a TAA-related loss of coverage and ending on the date that is
5 days after the postmark date of the notice by the Secretary
(or by any person or entity designated by the Secretary) that
the individual is eligible for a qualified health insurance costs
credit eligibility certificate for purposes of section 7527 of
the Internal Revenue Code of 1986 shall not be taken into account
in determining the continuous period under subparagraph (A).
`(ii) DEFINITIONS- The terms `TAA-eligible individual', and `TAA-related
loss of coverage' have the meanings given such terms in section
605(b)(4).
`(D) PBGC RECIPIENTS- In the case of an individual who has a loss
of creditable coverage and who has a nonforfeitable right to a benefit
any portion of which is to be paid by the Pension Benefit Guaranty
Corporation under title IV, the period beginning on the date of
such loss of coverage and ending on the date such individual receives
any such benefit paid by such Corporation shall not be taken into
account in determining the continuous period under subparagraph
(A).'.
(1) IN GENERAL- Section 2701(c)(2) of the Public Health Service Act
(42 U.S.C. 300gg(c)(2)) is amended by striking subparagraph (C) and
by inserting the following new subparagraphs:
`(C) TAA-ELIGIBLE INDIVIDUALS-
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the case of a TAA-eligible
individual, the period beginning on the date the individual has
a TAA-related loss of coverage and ending on the date that is
5 days after the postmark date of the notice by the Secretary
(or by any person or entity designated by the Secretary) that
the individual is eligible for a qualified health insurance costs
credit eligibility certificate for purposes of section 7527 of
the Internal Revenue Code of 1986 shall not be taken into account
in determining the continuous period under subparagraph (A).
`(ii) DEFINITIONS- The terms `TAA-eligible individual', and `TAA-related
loss of coverage' have the meanings given such terms in section
2205(b)(4).
`(D) PBGC RECIPIENTS- In the case of an individual who has a loss
of creditable coverage and who has a nonforfeitable right to a benefit
any portion of which is to be paid by the Pension Benefit Guaranty
Corporation under title IV of the Employee Retirement Income Security
Act of 1974, the period beginning on the date of such loss of coverage
and ending on the date such individual receives any such benefit
paid by such Corporation shall not be taken into account in determining
the continuous period under subparagraph (A).'.
(2) TECHNICAL AMENDMENT- Effective on January 1, 2014, section 2704(c)(2)
of the Public Health Service Act (42 U.S.C. 300gg-3(c)(2)) is amended
by striking subparagraph (C) and by inserting the following new subparagraphs:
`(C) TAA-ELIGIBLE INDIVIDUALS-
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the case of a TAA-eligible
individual, the period beginning on the date the individual has
a TAA-related loss of coverage and ending on the date that is
5 days after the postmark date of the notice by the Secretary
(or by any person or entity designated by the Secretary) that
the individual is eligible for a qualified health insurance costs
credit eligibility certificate for purposes of section 7527 of
the Internal Revenue Code of 1986 shall not be taken into account
in determining the continuous period under subparagraph (A).
`(ii) DEFINITIONS- The terms `TAA-eligible individual', and `TAA-related
loss of coverage' have the meanings given such terms in section
2205(b)(4).
`(D) PBGC RECIPIENTS- In the case of an individual who has a loss
of creditable coverage and who has a nonforfeitable right to a benefit
any portion of which is to be paid by the Pension Benefit Guaranty
Corporation under title IV of the Employee Retirement Income Security
Act of 1974, the period beginning on the date of such loss of coverage
and ending on the date such individual receives any such benefit
paid by such Corporation shall not be taken into account in determining
the continuous period under subparagraph (A).'.
(c) IRC Amendment- Section 9801(c)(2) of the Internal Revenue Code of
1986 is amended by striking subparagraph (D) and by inserting the following
new subparagraphs:
`(D) TAA-ELIGIBLE INDIVIDUALS-
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the case of a TAA-eligible
individual, the period beginning on the date the individual has
a TAA-related loss of coverage and ending on the date which is
5 days after the postmark date of the notice by the Secretary
(or by any person or entity designated by the Secretary) that
the individual is eligible for a qualified health insurance costs
credit eligibility certificate for purposes of section 7527 shall
not be taken into account in determining the continuous period
under subparagraph (A).
`(ii) DEFINITIONS- The terms `TAA-eligible individual', and `TAA-related
loss of coverage' have the meanings given such terms in section
4980B(f)(5)(C)(iv).
`(E) PBGC RECIPIENTS- In the case of an individual who has a loss
of creditable coverage and who has a nonforfeitable right to a benefit
any portion of which is to be paid by the Pension Benefit Guaranty
Corporation under title IV, the period beginning on the date of
such loss of coverage and ending on the date such individual receives
any such benefit paid by such Corporation shall not be taken into
account in determining the continuous period under subparagraph
(A).'.
(d) Effective Date- The amendments made by this section shall apply
to months beginning after the date of the enactment of this Act in taxable
years ending after such date.
SEC. 7. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS.
(a) Technical Amendment Related to the American Recovery and Reinvestment
Act of 2009- Subparagraph (A) of section 3001(a)(14) of the American
Recovery and Reinvestment Act of 2009 is amended by striking `is amended
by redesignating paragraph (9) as paragraph (10)' and inserting `, as
amended by this Act, is amended by redesignating paragraphs (9) and
(10) as paragraphs (10) and (11), respectively,'.
(b) Amendment to Internal Revenue Code of 1986- Paragraph (10) of section
35(g) of the Internal Revenue Code of 1986 is amended to read as follows:
`(10) CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS-
`(A) ELIGIBLE INDIVIDUAL BECOMES MEDICARE ELIGIBLE- In the case
of a month which would be an eligible coverage month with respect
to an eligible individual but for subsection (f)(2)(A), such month
shall be treated as an eligible coverage month with respect to any
qualifying family member of such eligible individual (but not with
respect to such eligible individual).
`(B) DIVORCE- In the case of a month which would be an eligible
coverage month with respect to a former spouse of a taxpayer but
for the finalization of a divorce between the spouse and the taxpayer
that occurs during the period in which the taxpayer is an eligible
individual, such month shall be treated as an eligible coverage
month with respect to such former spouse.
`(C) DEATH- In the case of a month which would be an eligible coverage
month with respect to an eligible individual but for the death of
such individual, such month shall be treated as an eligible coverage
month with respect to any qualifying family member of such eligible
individual.'.
(c) Conforming Amendment- Paragraph (8) of section 173(f) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(f)) is amended to read as follows:
`(8) CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS-
`(A) ELIGIBLE INDIVIDUAL BECOMES MEDICARE ELIGIBLE- In the case
of a month which would be an eligible coverage month with respect
to an eligible individual but for paragraph (7)(B)(i), such month
shall be treated as an eligible coverage month with respect to any
qualifying family member of such eligible individual (but not with
respect to such eligible individual).
`(B) DIVORCE- In the case of a month which would be an eligible
coverage month with respect to a former spouse of a taxpayer but
for the finalization of a divorce between the spouse and the taxpayer
that occurs during the period in which the taxpayer is an eligible
individual, such month shall be treated as an eligible coverage
month with respect to such former spouse.
`(C) DEATH- In the case of a month which would be an eligible coverage
month with respect to an eligible individual but for the death of
such individual, such month shall be treated as an eligible coverage
month with respect to any qualifying family member of such eligible
individual.'.
(1) IN GENERAL- Except as provided in paragraph (2), the amendments
made by this section shall apply to eligible coverage months (as defined
in section 35(b) of the Internal Revenue Code of 1986) beginning after
February 13, 2011.
(2) TECHNICAL AMENDMENT- The amendment made by subsection (a) shall
apply as if included in section 3001(a)(14)(A) of the American Recovery
and Reinvestment Act of 2009.
SEC. 8. PERMANENT EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE
INDIVIDUALS AND PBGC RECIPIENTS.
(a) ERISA Amendments- Clauses (v) and (vi) of section 602(2)(A) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A))
are each amended by striking the last sentence.
(b) IRC Amendments- Subclauses (V) and (VI) of section 4980B(f)(2)(B)(i)
of the Internal Revenue Code of 1986 are each amended by striking the
last sentence.
(c) PHSA Amendments- Clause (iv) of section 2202(2)(A) of the Public
Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended by striking
the last sentence.
(d) Effective Date- The amendments made by this section shall apply
to periods of coverage which would (without regard to the amendments
made by this section) end on or after the date of the enactment of this
Act.
SEC. 9. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE
FOR CREDIT.
Subparagraph (B) of section 35(c)(2) of the Internal Revenue Code of
1986 is amended by inserting `and any eligible coverage month beginning
after the date of the enactment of the TAA Health Coverage Improvement
Act of 2011,' after `February 13, 2011,'.
SEC. 10. OFFERING OF FEDERAL GROUP COVERAGE.
(a) Provision of Group Coverage-
(1) IN GENERAL- The Director of the Office of Personnel Management
jointly with the Secretary of the Treasury shall establish a program
under which eligible individuals (as defined in section 35(c) of the
Internal Revenue Code of 1986) are offered enrollment under health
benefit plans that are made available under FEHBP.
(2) TERMS AND CONDITIONS- The terms and conditions of health benefits
plans offered under paragraph (1) shall be the same as the terms and
coverage offered under FEHBP, except that the percentage of the premium
charged to eligible individuals (as so defined) for such health benefit
plans shall be equal to 5 percent.
(3) STUDY- The Director of the Office of Personnel Management jointly
with the Secretary of the Treasury shall conduct a study of the impact
of the offering of health benefit plans under this subsection on the
terms and conditions, including premiums, for health benefit plans
offered under FEHBP and shall submit to Congress, not later than 2
years after the date of the enactment of this Act, a report on such
study. Such report may contain such recommendations regarding the
establishment of separate risk pools for individuals covered under
FEHBP and eligible individuals covered under health benefit plans
offered under paragraph (1) as may be appropriate to protect the interests
of individuals covered under FEHBP and alleviate any adverse impact
on FEHBP that may result from the offering of such health benefit
plans.
(4) FEHBP DEFINED- In this section, the term `FEHBP' means the Federal
Employees Health Benefits Program offered under chapter 89 of title
5, United States Code.
(b) Conforming Amendment- Paragraph (1) of section 35(e) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
`(L) Coverage under a health benefits plan offered under section
8(a)(1) of the TAA Health Coverage Improvement Act of 2011.'.
SEC. 11. ADDITIONAL REQUIREMENTS FOR INDIVIDUAL HEALTH INSURANCE COSTS.
(a) In General- Subparagraph (A) of section 35(e)(2) of such Code is
amended by striking `subparagraphs (B) through (H) of paragraph (1)'
and inserting `paragraph (1) (other than subparagraphs (A), (I), and
(L) thereof)'.
(b) Rating System Requirement- Subparagraph (J) of section 35(e)(1)
of such Code is amended by adding at the end the following: `For purposes
of this subparagraph and clauses (ii), (iii), and (iv) of subparagraph
(F), such term does not include any insurance unless the premiums for
such insurance are restricted based on a community rating system (determined
other than on the basis of age).'.
(c) Clarification of Congressional Intent To Limit Use of Individual
Health Insurance Coverage Option- Section 35(e)(1)(J) is amended by
inserting `, but only' after `under individual health insurance' in
the matter preceding clause (i).
SEC. 12. ALIGNMENT OF COBRA COVERAGE WITH TAA PERIOD FOR TAA-ELIGIBLE
INDIVIDUALS.
(a) ERISA- Section 605(b) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1165(b)) is amended--
(1) in the subsection heading, by inserting `and Coverage' after `Election';
and
(A) in the paragraph heading, by inserting `AND PERIOD' after `COMMENCEMENT';
(B) by striking `and shall' and inserting `, shall'; and
(C) by inserting `, and in no event shall the maximum period required
under section 602(2)(A) be less than the period during which the
individual is a TAA-eligible individual' before the period at the
end.
(b) Internal Revenue Code of 1986- Section 4980B(f)(5)(C) of the Internal
Revenue Code of 1986 is amended--
(1) in the subparagraph heading, by inserting `AND COVERAGE' after
`ELECTION'; and
(A) in the clause heading, by inserting `AND PERIOD' after `COMMENCEMENT';
(B) by striking `and shall' and inserting `, shall'; and
(C) by inserting `, and in no event shall the maximum period required
under paragraph (2)(B)(i) be less than the period during which the
individual is a TAA-eligible individual' before the period at the
end.
(c) Public Health Service Act- Section 2205(b) of the Public Health
Service Act (42 U.S.C. 300bb-5(b)) is amended--
(1) in the subsection heading, by inserting `and Coverage' after `Election';
and
(A) in the paragraph heading, by inserting `AND PERIOD' after `COMMENCEMENT';
(B) by striking `and shall' and inserting `, shall'; and
(C) by inserting `, and in no event shall the maximum period required
under section 2202(2)(A) be less than the period during which the
individual is a TAA-eligible individual' before the period at the
end.
SEC. 13. NOTICE REQUIREMENTS.
(a) In General- Paragraph (2) of section 7527(d) of the Internal Revenue
Code of 1986 is amended by striking `In the case of any statement described
in paragraph (1) which is issued before February 13, 2011, such statement'
and inserting `A statement described in paragraph (1)'.
(b) Effective Date- The amendment made by this section shall apply to
months beginning after the date of the enactment of this Act in taxable
years ending after such date.
SEC. 14. EXTENSION OF NATIONAL EMERGENCY GRANTS.
(a) In General- Section 173(f)(1) of the Workforce Investment Act of
1998 (29 U.S.C. 2918(f)) is amended--
(1) in subparagraph (A), by striking `may be used' and inserting `shall
be used', and
(2) in subparagraph (B)(ii), by striking subclause (VI) and inserting
the following:
`(VI) any other expenses determined appropriate by the Secretary,
including start-up costs and ongoing administrative expenses,
in order for the State to treat the coverage described in subparagraph
(C), (D), (E), or (F)(i) of section 35(e)(1) of the Internal
Revenue Code of 1986, or, only if the coverage is under a group
health plan, the coverage described in subparagraph (G), (H),
or (I) or clause (ii), (iii), or (iv) of subparagraph (F) of
such section, as qualified health insurance under that section.'.
(b) Funding- Section 174(c)(1)(A) of the Workforce Investment Act of
1998 (29 U.S.C. 2919(c)(1)) is amended--
(1) by striking `and' at the end of clause (i), and
(2) by adding at the end the following new clause:
`(iii) $300,000,000 for the period of fiscal years 2012 through
2014; and'.
(c) Report Regarding Failure To Comply With Requirements for Expedited
Approval Procedures- Section 173(f) of the Workforce Investment Act
of 1998 (29 U.S.C. 2918(f)) is amended by adding at the end the following
new paragraph:
`(9) REPORT FOR FAILURE TO COMPLY WITH REQUIREMENTS FOR EXPEDITED
APPROVAL PROCEDURES- If the Secretary fails to make the notification
required under clause (i) of paragraph (3)(A) within the 15-day period
required under that clause, or fails to provide the technical assistance
required under clause (ii) of such paragraph within a timely manner
so that a State or entity may submit an approved application within
2 months after the date on which the State or entity's previous application
was disapproved, the Secretary shall submit a report to the appropriate
committees of Congress explaining such failure.'.
(d) Technical Amendment- Effective as if included in the enactment of
the Trade Act of 2002 (Public Law 107-210; 116 Stat. 933), subsection
(f) of section 203 of that Act is repealed.
END
