To assure a healthy American manufacturing sector, and for other purposes.

November 18, 2003

Mr. DASCHLE (for Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Finance

To assure a healthy American manufacturing sector, 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.

This Act may be cited as the `Enhance Domestic Manufacturing and Worker Assistance Act of 2003'.

TITLE I--EXTENSION AND EXPANSION OF TRADE ADJUSTMENT ASSISTANCE

SEC. 101. EXTENSION FOR WORKERS AND FIRMS.

(a) IN GENERAL- Section 285(a) and (b)(1) and (2) of the Trade Act of 1974 (19 U.S.C. 2271 note) are amended by striking `September 30, 2007' each place it appears and inserting `September 30, 2012'.

(b) AUTHORIZATION-

(1) WORKERS- Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended by striking `September 30, 2007' and inserting `September 30, 2012'.

(2) FIRMS-

(A) IN GENERAL- Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended--

(i) by striking `$16,000,000' and inserting `$32,000,000'; and

(ii) by striking `2007' and inserting `2012'.

(B) EXPANSION OF LOANS- Section 255(h) of such Act (19 U.S.C. 2345) is amended--

(i) in paragraph (1), by striking `$3,000,000' and inserting `$6,000,000'; and

(ii) in paragraph (2), by striking `$1,000,000' and inserting `$2,000,000'.

(3) FARMERS- Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g) is amended by striking `2007' and inserting `2012'.

(c) FISHERMEN- Notwithstanding any other provision of law, for purposes of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) fishermen who harvest wild stock shall be eligible for adjustment assistance to the same extent and in the same manner as a group of workers under such chapter 2.

SEC. 102. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

(a) IN GENERAL- Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is amended to read as follows:

`CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

`SEC. 271. DEFINITIONS.

`In this chapter:

`(1) AFFECTED DOMESTIC PRODUCER- The term `affected domestic producer' means any manufacturer, producer, farmer, rancher, fisherman or worker representative (including associations of such persons) that was affected by a finding under the Antidumping Act of 1921, or by an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930.

`(2) AGRICULTURAL COMMODITY PRODUCER- The term `agricultural commodity producer' has the same meaning as the term `person' as prescribed by regulations promulgated under section 1001(5) of the Food Security Act of 1985 (7 U.S.C. 1308(5)).

`(3) COMMUNITY- The term `community' means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State that the Secretary certifies as being negatively impacted by trade.

`(4) COMMUNITY NEGATIVELY IMPACTED BY TRADE- A community negatively impacted by trade means a community with respect to which a determination has been made under section 273.

`(5) ELIGIBLE COMMUNITY- The term `eligible community' means a community certified under section 273 for assistance under this chapter.

`(6) FISHERMAN-

`(A) IN GENERAL- The term `fisherman' means any person who--

`(i) is engaged in commercial fishing; or

`(ii) is a United States fish processor.

`(B) COMMERCIAL FISHING, FISH, FISHERY, FISHING, FISHING VESSEL, PERSON, AND UNITED STATES FISH PROCESSOR- The terms `commercial fishing', `fish', `fishery', `fishing', `fishing vessel', `person', and `United States fish processor' have the same meanings as such terms have in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

`(7) JOB LOSS- The term `job loss' means the total or partial separation of an individual, as those terms are defined in section 247.

`(8) SECRETARY- The term `Secretary' means the Secretary of Commerce.

`SEC. 272. COMMUNITY TRADE ADJUSTMENT ASSISTANCE PROGRAM.

`(a) ESTABLISHMENT- Within 6 months after the date of enactment of the Enhance Domestic Manufacturing and Worker Assistance Act of 2003, the Secretary shall establish a Trade Adjustment Assistance for Communities Program at the Department of Commerce.

`(b) PERSONNEL- The Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this chapter.

`(c) COORDINATION OF FEDERAL RESPONSE- The Secretary shall--

`(1) provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible communities;

`(2) coordinate the Federal response to an eligible community--

`(A) by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress;

`(B) by ensuring that all Federal agencies offering assistance to an eligible community do so in a targeted, integrated manner that ensures that an eligible community has access to all available Federal assistance;

`(C) by assuring timely consultation and cooperation between Federal, State, and regional officials concerning economic adjustment for an eligible community; and

`(D) by identifying and strengthening existing agency mechanisms designed to assist eligible communities in their efforts to achieve economic adjustment and workforce reemployment;

`(3) provide comprehensive technical assistance to any eligible community in the efforts of that community to--

`(A) identify serious economic problems in the community that are the result of negative impacts from trade;

`(B) integrate the major groups and organizations significantly affected by the economic adjustment;

`(C) access Federal, State, and local resources designed to assist in economic development and trade adjustment assistance;

`(D) diversify and strengthen the community economy; and

`(E) develop a community-based strategic plan to address economic development and workforce dislocation, including unemployment among agricultural commodity producers, and fishermen;

`(4) establish specific criteria for submission and evaluation of a strategic plan submitted under section 274(d);

`(5) establish specific criteria for submitting and evaluating applications for grants under section 275; and

`(6) administer the grant programs established under sections 274 and 275.

`SEC. 273. CERTIFICATION AND NOTIFICATION.

`(a) CERTIFICATION- Not later than 45 days after an event described in subsection (c)(1), the Secretary of Commerce shall determine if a community described in subsection (b)(1) is negatively impacted by trade, and if a positive determination is made, shall certify the community for assistance under this chapter.

`(b) DETERMINATION THAT COMMUNITY IS ELIGIBLE-

`(1) COMMUNITY DESCRIBED- A community described in this paragraph means a community with respect to which--

`(A) the Secretary of Labor certifies a group of workers (or their authorized representative) in the community as eligible for assistance pursuant to section 223;

`(B) the Secretary of Commerce certifies a firm located in the community as eligible for adjustment assistance under section 251;

`(C) the Secretary of Agriculture certifies a group of agricultural commodity producers (or their authorized representative) in the community as eligible for adjustment assistance under section 293;

`(D) an affected domestic producer is located in the community; or

`(E) the Secretary determines that a significant number of fishermen in the community is negatively impacted by trade.

`(2) NEGATIVELY IMPACTED BY TRADE- The Secretary shall determine that a community is negatively impacted by trade, after taking into consideration--

`(A) the number of jobs affected compared to the size of workforce in the community;

`(B) the severity of the rates of unemployment in the community and the duration of the unemployment in the community;

`(C) the income levels and the extent of underemployment in the community;

`(D) the outmigration of population from the community and the extent to which the outmigration is causing economic injury in the community; and

`(E) the unique problems and needs of the community.

`(c) DEFINITION AND SPECIAL RULES-

`(1) EVENT DESCRIBED- An event described in this paragraph means one of the following:

`(A) A notification described in paragraph (2).

`(B) A certification of a firm under section 251.

`(C) A finding under the Antidumping Act of 1921, or an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930.

`(D) A determination by the Secretary that a significant number of fishermen in a community have been negatively impacted by trade.

`(2) NOTIFICATION- The Secretary of Labor, immediately upon making a determination that a group of workers is eligible for trade adjustment assistance under section 223, (or the Secretary of Agriculture, immediately upon making a determination that a group of agricultural commodity producers is eligible for adjustment assistance under section 293, as the case may be) shall notify the Secretary of Commerce of the determination.

`(d) NOTIFICATION TO ELIGIBLE COMMUNITIES- Immediately upon certification by the Secretary of Commerce that a community is eligible for assistance under subsection (b), the Secretary shall notify the community--

`(1) of the determination under subsection (b);

`(2) of the provisions of this chapter;

`(3) how to access the clearinghouse established by the Department of Commerce regarding available economic assistance;

`(4) how to obtain technical assistance provided under section 272(c)(3); and

`(5) how to obtain grants, tax credits, low income loans, and other appropriate economic assistance.

`SEC. 274. STRATEGIC PLANS.

`(a) IN GENERAL- An eligible community may develop a strategic plan for community economic adjustment and diversification and shall be eligible for assistance as provided for under section 275.

`(b) REQUIREMENTS FOR STRATEGIC PLAN- A strategic plan shall contain, at a minimum, the following:

`(1) A description and justification of the capacity for economic adjustment, including the method of financing to be used.

`(2) A description of the commitment of the community to the strategic plan over the long term and the participation and input of groups affected by economic dislocation.

`(3) A description of the projects to be undertaken by the eligible community.

`(4) A description of how the plan and the projects to be undertaken by the eligible community will lead to job creation and job retention in the community.

`(5) A description of how the plan will achieve economic adjustment and diversification.

`(6) A description of how the plan and the projects will contribute to establishing or maintaining a level of public services necessary to attract and retain economic investment.

`(7) A description and justification for the cost and timing of proposed basic and advanced infrastructure improvements in the eligible community.

`(8) A description of how the plan will address the occupational and workforce conditions in the eligible community.

`(9) A description of the educational programs available for workforce training and future employment needs.

`(10) A description of how the plan will adapt to changing markets and business cycles.

`(11) A description and justification for the cost and timing of the total funds required by the community for economic assistance.

`(12) A graduation strategy through which the eligible community demonstrates that the community will terminate the need for Federal assistance.

`(c) GRANTS TO DEVELOP STRATEGIC PLANS- The Secretary, upon receipt of an application from an eligible community, may award a grant to that community to be used to develop and implement the strategic plan.

`(d) SUBMISSION OF PLAN- A strategic plan developed under subsection (a) shall be submitted to the Secretary for evaluation and approval.

`SEC. 275. GRANTS FOR ECONOMIC DEVELOPMENT.

`(a) IN GENERAL- The Secretary, upon approval of a strategic plan from an eligible community, may award a grant to that community to carry out any project or program that is certified by the Secretary to be included in the strategic plan approved under section 274(d), or consistent with that plan.

`(b) ADDITIONAL GRANTS- Subject to paragraph (2), in order to assist eligible communities to obtain funds under Federal grant programs, other than the grants provided for in section 274(c) or subsection (a), the Secretary may, on the application of an eligible community, make a supplemental grant to the community if--

`(1) the purpose of the grant program from which the grant is made is to provide technical or other assistance for planning, constructing, or equipping public works facilities or to provide assistance for public service projects; and

`(2) the grant is 1 for which the community is eligible except for the community's inability to meet the non-Federal share requirements of the grant program.

`(c) RURAL COMMUNITY PREFERENCE- The Secretary shall develop guidelines to ensure that rural communities receive preference in the allocation of resources.

`SEC. 276. GENERAL PROVISIONS.

`(a) REGULATIONS- The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this chapter. Not later than 60 days before implementing any regulation or guideline proposed by the Secretary with respect to this chapter, the Secretary shall submit the regulation or guideline to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives for approval.

`(b) SUPPLEMENT NOT SUPPLANT- Funds appropriated under this chapter shall be used to supplement and

not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities.

`(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary to carry out this chapter amounts as follows:

`(1) For fiscal year 2005, $350,000,000.

`(2) For each of fiscal years 2006 through 2015, the amount authorized to be appropriated by this subsection for the preceding fiscal year increased by a percentage equal to the percentage by which--

`(A) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the August 31 of such preceding fiscal year, exceeds

`(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A). Amounts appropriated pursuant to this subsection shall remain available until expended.'.

(b) CONFORMING AMENDMENTS-

(1) TERMINATION- Section 285(b) of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by adding at the end the following new paragraph:

`(3) ASSISTANCE FOR COMMUNITIES- Technical assistance and other payments may not be provided under chapter 4 after September 30, 2015.'.

(2) TABLE OF CONTENTS- The table of contents for title II of the Trade Act of 1974 is amended by striking the items relating to chapter 4 of title II and inserting after the items relating to chapter 3 the following new items:

`Chapter 4--Trade Adjustment Assistance for Communities

(c) JUDICIAL REVIEW- Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended by striking `section 271' and inserting `section 273'.

(d) EFFECTIVE DATE- The provisions of this section shall take effect on October 1, 2004.

SEC. 103. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

(a) IN GENERAL- Chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.) is amended by inserting after section 255 the following new section:

`SEC. 255A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

`(a) ESTABLISHMENT- Not later than 90 days after the date of enactment of the Enhance Domestic Manufacturing and Worker Assistance Act of 2003, there shall be established in the International Trade Administration of the Department of Commerce an Office of Trade Adjustment Assistance.

`(b) PERSONNEL- The Office shall be headed by a Director, and shall have such staff as may be necessary to carry out the responsibilities of the Secretary of Commerce described in this chapter.

`(c) FUNCTIONS- The Office shall assist the Secretary of Commerce in carrying out the Secretary's responsibilities under this chapter.'.

(b) CONFORMING AMENDMENT- The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 255, the following new item:

`Sec. 255A. Office of Trade Adjustment Assistance.'.

TITLE II--REAUTHORIZATION OF CERTAIN DEPARTMENT OF COMMERCE PARTNERSHIP PROGRAMS

SEC. 201. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM.

(a) IN GENERAL- There is authorized to be appropriated for the National Institute of Standards and Technology for the Manufacturing Extension Partnership Program amounts as follows:

(1) For fiscal year 2005, $212,000,000.

(2) For fiscal year 2006, $272,000,000.

(3) For fiscal year 2007, $332,000,000.

(4) For fiscal year 2008, $392,000,000.

(5) For fiscal year 2009, $452,000,000.

(6) For fiscal year 2010, $512,000,000.

(7) For fiscal year 2011, $572,000,000.

(8) For fiscal year 2012, $632,000,000.

(9) For fiscal year 2013, $692,000,000.

(10) For fiscal year 2014, $752,000,000.

(11) For fiscal year 2015, $812,000,000.

(b) MANUFACTURING EXTENSION PARTNERSHIP PROGRAM DEFINED- In this section, the term `Manufacturing Extension Partnership Program' means the program of Manufacturing Extension Partnership carried out by the National Institute of Standards and Technology under section 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278l), as provided in part 292 of title 15, Code of Federal Regulations.

SEC. 202. ADVANCED TECHNOLOGY PROGRAM.

There are authorized to be appropriated for the National Institute of Standards and Technology for carrying out the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), $400,000,000 for each of fiscal years 2004 through 2013.

TITLE III--SMALL BUSINESS OFFICE

SEC. 301. ESTABLISHMENT OF OFFICE.

(a) IN GENERAL- Chapter 4 of title I of the Trade Act of 1974 (19 U.S.C. 2171) is amended by adding after section 141, the following new section:

`SEC. 141A. SMALL BUSINESS OFFICE.

`(a) ESTABLISHMENT- Not later than 90 days after the date of enactment of the Enhance Domestic Manufacturing and Worker Assistance Act of 2003, there shall be established in the Office of the United States Trade Representative an Office of Small Business.

`(b) PERSONNEL- The Office shall be headed by a Director, and shall have such staff as may be necessary to carry out the functions and responsibilities described in this section.

`(c) FUNCTIONS- The Office shall--

`(1) assist the United States Trade Representative in carrying out the Trade Representative's responsibilities under this chapter; and

`(2) ensure that small business manufacturing issues are taken into consideration in carrying out those responsibilities.'.

(b) CONFORMING AMENDMENT- The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 141, the following new item:

`Sec. 141A. Office of Small Business.'.

END