108th CONGRESS
1st Session
S. 1541
To aid dislocated workers and rebuild communities devastated by international
trade, and for other purposes.
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, JULY 21), 2003
Mr. EDWARDS introduced the following bill; which was read twice and referred
to the Committee on Finance
A BILL
To aid dislocated workers and rebuild communities devastated by international
trade, 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 `Economic Revitalization Act'.
SEC. 2. ECONOMIC REVITALIZATION ZONES.
(a) IN GENERAL- Chapter 1 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subchapter:
`Subchapter Z--Economic Revitalization Zones
`Sec. 1400M. Designation of economic revitalization zones.
`Sec. 1400N. Incentives for economic revitalization zones.
`SEC. 1400M. DESIGNATION OF ECONOMIC REVITALIZATION ZONES.
`(1) DEFINITIONS- For purposes of this title, the term `economic revitalization
zone' means any area--
`(A) which is nominated by 1 or more local governments and the State or
States in which it is located for designation as an economic revitalization
zone (hereafter in this section referred to as a `nominated area'), and
`(B) which the Secretary of Labor designates as an economic revitalization
zone.
`(2) NUMBER OF DESIGNATIONS- Not more than 10 nominated areas may be designated
as economic revitalization zones.
`(3) LIMITATION ON DESIGNATIONS-
`(A) PUBLICATION OF REGULATIONS- The Secretary of Labor shall prescribe
by regulation no later than 3 months after the date of the enactment of
this section--
`(i) the procedures for nominating an area under paragraph (1)(A), and
`(ii) the parameters relating to the size characteristics of an economic
revitalization zone.
`(B) TIME LIMITATIONS- The Secretary of Labor may designate nominated
areas as economic revitalization zones only during the 180-day period
beginning on the first day of the first month following the month in which
the regulations described in subparagraph (A) are prescribed.
`(C) PROCEDURAL RULES- The Secretary of Labor shall not make any designation
of a nominated area as an economic revitalization zone under paragraph
(2) unless--
`(i) the local governments and the States in which the nominated area
is located have the authority to nominate such area for designation
as an economic revitalization zone,
`(ii) a nomination regarding such area is submitted in such a manner
and in such form, and contains such information, as the Secretary of
Labor shall by regulation prescribe, and
`(iii) the Secretary of Labor determines that any information furnished
is reasonably accurate.
`(4) PRIORITY- The Secretary of Labor shall give priority to nominated areas
which--
`(A) are located in States that have experienced employment in a trade-affected
industry decline by more than 50 percent since 1993, and
`(B) have suffered the loss of more than 1000 jobs in the trade-affected
industry within the preceding year.
`(b) PERIOD FOR WHICH DESIGNATION IS IN EFFECT-
`(1) IN GENERAL- Any designation of an area as an economic revitalization
zone shall remain in effect during the period beginning on the earliest
practicable date, as determined by the Secretary of Labor, and ending on
the earliest of--
`(B) the termination date designated by the State and local governments
in their nomination, or
`(C) the date the Secretary of Labor revokes such designation under the
terms of paragraph (2) or after determining that such revocation is necessary
to protect the public interest.
`(2) REVOCATION OF DESIGNATION- The Secretary of Labor may revoke the designation
under this section of an area if such Secretary determines that the local
government or the State in which the area is located has modified the boundaries
of the area.
`(c) AREA AND ELIGIBILITY REQUIREMENTS-
`(1) IN GENERAL- The Secretary of Labor may designate a nominated area as
an economic revitalization zone under subsection (a) only if the area meets
the requirements of paragraphs (2) and (3) of this subsection.
`(2) AREA REQUIREMENTS- A nominated area meets the requirements of this
paragraph if--
`(A) the area is within the jurisdiction of 1 or more local governments
in 1 or more trade-affected States, and
`(B) the boundary of the area is continuous.
`(3) ELIGIBILITY REQUIREMENTS- A nominated area meets the requirements of
this paragraph if the States and the local governments in which it is located
certify in writing (and the Secretary of Labor, after such review of supporting
data as the Secretary deems appropriate, accepts such certification) that--
`(A) the average unemployment rate in the area for the most recent period
for which data is available on the date of the nomination of such area
is at least 150 percent of the average national unemployment rate for
such period,
`(B) of the total employment in the area during 1993--
`(i) more than 10 percent consisted of employment in a trade-affected
industry located in such area, or
`(ii) more than 15 percent consisted of employment in all of the trade-affected
industries located in such area, and
`(C) employment in a trade-affected industry located in such area decreased
by more than 20 percent during the period from 1993 through 2002.
`(d) DEFINITIONS AND SPECIAL RULES- For purposes of this subchapter--
`(1) TRADE-AFFECTED STATE- The term `trade-affected State' means any State
in which the total number of workers located in such State who were certified
through the trade adjustment assistance and the NAFTA transitional adjustment
assistance programs under chapter 2 of title II of the Trade Act of 1974
during the period from 1994 through 2002 was not less than an amount equal
to 2.5 percent of the State's total labor force in 1994.
`(2) TRADE-AFFECTED INDUSTRY- The term `trade-affected industry' means any
industry listed in a 3-digit North American industry classification system
subsector--
`(A) which had a total labor force of at least 200,000 during 1994, as
determined by the Bureau of Labor Statistics,
`(B) in which the number of employees has declined by more than 30 percent
since 1993, and
`(C) in which the total number of workers who were certified through the
trade adjustment assistance and the NAFTA transitional adjustment assistance
programs under chapter 2 of title II of the Trade Act of 1974 during the
period from 1994 through 2002 was not less than an amount equal to 10
percent of such industry's total labor force in 1994.
`(3) LOCAL GOVERNMENT- The term `local government' means--
`(A) any county, city, town, township, parish, village, or other general
purpose political subdivision of a State, and
`(B) any combination of political subdivisions described in subparagraph
(A) recognized by the Secretary of Labor.
`(4) GOVERNMENTS- If more than 1 government seeks to nominate an area as
an economic revitalization zone, any reference to, or requirement of, this
section shall apply to all such governments.
`SEC. 1400N. INCENTIVES FOR ECONOMIC REVITALIZATION ZONES.
`(a) IN GENERAL- An economic revitalization zone shall be treated for the
period of its designation as an empowerment zone for purposes of applying--
`(1) section 1394 (relating to tax-exempt enterprise zone facility bonds),
`(2) section 1396 (relating to empowerment zone employment credit),
`(3) section 1397A (relating to increase in expensing under section 179),
and
`(4) section 1397B (relating to nonrecognition of gain on rollover of empowerment
zone investments).
`(b) NEW MARKETS TAX CREDIT- An economic revitalization zone shall be treated
for the period of its designation as a low-income community for purposes of
applying section 45D (relating to new markets tax credit).'.
(b) CLERICAL AMENDMENT- The table of subchapters for chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new item:
`Subchapter Z. Economic Revitalization Zones.'.
SEC. 3. COMMUNITY COLLEGE EMPLOYMENT GRANTS.
(a) IN GENERAL- Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C.
2271 et seq.) is amended by inserting after section 238 the following:
`SEC. 238A. JOB TRAINING PROGRAMS.
`(a) GRANT PROGRAM AUTHORIZED- The Secretary is authorized to award grants
to community colleges (as defined in section 202 of the Tech-Prep Education
Act (20 U.S.C. 2371)) on a competitive basis to establish job training programs
for adversely affected workers.
`(1) SUBMISSION- To receive a grant under this section, a community college
shall submit an application to the Secretary at such time and in such manner
as the Secretary shall require.
`(2) CONTENTS- The application submitted under paragraph (1) shall provide
a description of--
`(A) the population to be served with grant funds received under this
section;
`(B) how grant funds received under this section will be expended; and
`(C) the job training programs that will be established with grant funds
received under this section, including a description of how such programs
relate to workforce needs in the area where the community college is located.
`(c) ELIGIBILITY- To be eligible to receive a grant under this section, a
community college shall be located in an economic revitalization zone (as
defined in section 1400M(a) of the Internal Revenue Code of 1986, as added
by section 2).
`(d) DECISION ON APPLICATIONS- Not later than 30 days after submission of
an application under subsection (b), the Secretary shall approve or disapprove
the application.
`(e) USE OF FUNDS- A community college that receives a grant under this section
shall use the grant funds to establish job training programs for adversely
affected workers.
`(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary to carry out this section.'.
(b) CONFORMING AMENDMENT- The table of contents for chapter 2 of title II
of the Trade Act of 1974 is amended by inserting after the item relating to
section 238 the following new item:
`Sec. 238A. Job training programs.
SEC. 4. IMMEDIATE ASSISTANCE FOR TEXTILE WORKERS.
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended by adding
at the end the following:
`(d) ADDITIONAL RULE FOR TEXTILE AND APPAREL WORKERS-
`(1) PRESUMPTIVE CERTIFICATION- A group of workers at a textile or apparel
firm shall be presumed eligible and shall be certified by the Secretary
as adversely affected and eligible for trade adjustment assistance under
this chapter and benefits under the amendments made by title II of the Trade
Adjustment Assistance Reform Act of 2002 (Public Law 107-210; 116 Stat.
954) if--
`(A) a significant number or proportion of the workers in the workers'
firm or an appropriate subdivision of the firm has become totally or partially
separated, or are threatened to become totally or partially separated;
`(B)(i) the sales or production of the workers' firm has decreased; or
`(ii) the workers' plant or facility has closed or relocated; and
`(C) the event described in subparagraph (B) contributed importantly to
the workers' separation or threat of separation.
`(2) PERMANENT CERTIFICATION- The presumptive certification under paragraph
(1) shall become permanent 40 days after the submission of a petition by
the group of workers under section 221 unless the Secretary determines within
such period, after giving the group of workers notice and an opportunity
to be heard, that the workers do not satisfy the criteria for certification
in subsection (a).'.
END