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Code · BILL · 117th Congress · H.R. 3974 (Introduced in House) — To extend the trade adjustment assistance program, and for other purposes. · Sec. 301

Sec. 301. Trade adjustment assistance for communities

2,432 words·~11 min read·/bill/117/hr/3974/ih/section-301

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The purpose of this section and the amendments made by this section is to provide assistance to communities impacted by trade through— the coordination of Federal, State, regional, and local resources; the creation of community-based development strategies; and the development and provision of programs that meet the training needs of workers covered by certifications under section 223 of the Trade Act of 1974 ( 19 U.S.C. 2273 ) (as amended by section 103). Chapter 4 of title II of the Trade Act of 1974 ( 19 U.S.C. 2371 et seq. ) is amended— by inserting after the chapter heading the following: ; by redesignating sections 271 and 272 as sections 279 and 279A, respectively; and by inserting before subchapter B (as designated by paragraph (1)) the following:
In this subchapter: The term agricultural commodity producer has the meaning given that term in section 291. The term community means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State. 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. The term Secretary means the Secretary of Commerce. The term underserved community has the meaning given that term in section 247.
The Secretary, acting through the Assistant Secretary for Economic Development, shall, not later than 90 days after the date of the enactment of this subchapter, establish a program to provide communities impacted by trade with assistance in accordance with the requirements of this subchapter. Except as provided in paragraph (2), a community may submit to the Secretary a petition for a determination under subsection (b)(1) that the community is eligible to apply for assistance under this subchapter if— on or after the date of the enactment of this subchapter, one or more certifications described in paragraph
(3)of subsection
(b)are made with respect to the community; and the community submits the petition not later than 180 days after the date on which the most recent such certification is made. In the case of a community with respect to which one or more certifications described in paragraph
(3)of subsection
(b)were made on or after January 1, 1994, and before the date of the enactment of this subchapter, the community may, not later than December 31, 2022, submit to the Secretary a petition for a determination under subsection (b)(1) that the community is eligible to apply for assistance under this subchapter. If one or more certifications described in paragraph
(3)of subsection
(b)are made with respect to a community, the Secretary shall, concurrently with each such certification, notify the community and the Governor of the State in which the community is located of the ability of the community— to submit to the Secretary a petition under this subsection; and to receive technical assistance under paragraph
(4)in developing the petition. The Secretary shall, subject to the availability of appropriations, offer assistance in preparing a petition under this subsection to any community that requests such assistance. The Secretary shall make a determination that a community is eligible to apply for assistance under this subchapter if the Secretary determines that the community is a community impacted by trade in accordance with paragraph (2). A community is a community impacted by trade if— one or more certifications described in paragraph
(3)are made with respect to the community; and the community— has a per capita income of 80 percent or less of the national average; has a history of economic distress and long-term unemployment, as determined by the Secretary; or is significantly affected by the threat to, or the loss of, jobs associated with any such certification, as determined by the Secretary. A certification described in this paragraph is a certification— by the Secretary of Labor that a group of workers located in the community is eligible to apply for assistance under section 223; by the Secretary of Commerce that a firm located in the community is eligible to apply for adjustment assistance under section 251; or by the Secretary of Agriculture that a group of agricultural commodity producers located in the community is eligible to apply for adjustment assistance under section 293. Upon making a determination under subsection (b)(1) that a community is eligible to apply for assistance under this subchapter, the Secretary shall promptly notify the community and the Governor of the State in which the community is located— of the determination; of the applicable provisions of this subchapter, including of the means for obtaining assistance under this subchapter; of the means for obtaining assistance that may be available to the community under other provisions of law; and of the availability to the community of technical assistance under subsection
(4)in developing its petition for assistance under this subchapter. The Secretary shall, subject to the availability of appropriations, award a grant under this section to an eligible community to assist the community in carrying out projects included in a strategic plan developed by the community under section 275. An eligible community seeking to receive a grant under this section shall submit to the Secretary an application that contains— the strategic plan developed by the community under section 275 that is approved by the Secretary under such section; and a description of the projects included in the strategic plan. If an eligible institution (as such term is defined in section 279) located in an eligible community is seeking a grant under section 279 at the same time the community is seeking a grant under this section— the Secretary, upon receipt of such information from the Secretary of Labor as required under section 279(e), shall notify the community that the institution is seeking a grant under section 279; and the community shall include in the application to be submitted under this subsection, in coordination with the institution, a description of how the community will integrate projects included in the strategic plan with the specific project for which the institution submits the grant proposal under section 279. The total amount of grants awarded to an eligible community under this section for each of the fiscal years 2022 through 2026 may not exceed $25,000,000. The Secretary shall, in awarding grants under this section, give priority to eligible communities that have a history of economic distress and long-term unemployment, as determined by the Secretary. The Secretary shall, in awarding grants under this section, ensure that grants are provided to communities from geographically diverse areas. The Secretary shall, in meeting the requirement under paragraph (1), award a grant under this section for each of the fiscal years 2022 through 2026 to at least one community located in each geographic region for which regional offices of the Economic Development Administration of the Department of Commerce are responsible. The Secretary shall require an eligible community that receives a grant under this section to submit to the Secretary a report that describes how funding under the grant is being allocated and implemented in furtherance of projects included in the strategic plan developed by the community under section 275. The report required by this subsection shall be submitted not later than 180 days after the eligible community initiates projects included in its strategic plan and every 180 days thereafter during the period in which the community is carrying out such projects. Not later than March 1, 2023, and annually thereafter for four years, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate for the preceding fiscal year a report describing— each grant awarded under this section to an eligible community; and the impact of such grant on the community, including the information contained in the reports submitted to the Secretary under subsection (e). An eligible community that seeks to receive a grant under section 274 shall develop a strategic plan to achieve economic adjustment to the impact of trade in accordance with the requirements of this section. To the extent practicable, an eligible community shall consult with the entities described in paragraph
(2)in developing the strategic plan. The entities described in this paragraph are public and private entities located in or serving the eligible community, including— local, county, or State government agencies; firms, including small- and medium-sized firms; local workforce investment boards; labor organizations, including State labor federations and labor-management initiatives, representing workers in the community; educational institutions, local educational agencies, and other training providers; and local civil rights organizations and community-based organizations, including organizations representing underserved communities. The strategic plan shall, at a minimum, contain the following: A description and analysis of the capacity of the eligible community to achieve economic adjustment to the impact of trade. An analysis of the economic development challenges and opportunities facing the community, including the strengths and weaknesses of the economy of the community. An assessment of— the commitment of the community to carry out the strategic plan on a long-term basis; the participation and input of members of the community who are dislocated from employment due to the impact of trade; and the extent to which underserved communities have been impacted by trade. A description of how underserved communities will benefit from the strategic plan. A description of the role of the entities described in subsection (b)(2) in developing the strategic plan. A description of projects under the strategic plan to facilitate the community’s economic adjustment to the impact of trade, including projects to— develop public facilities, public services, jobs, and businesses; provide for the demolition of vacant or abandoned commercial, industrial, or residential property; remediate environmental contamination; establish or support land banks; support energy conservation; and support historic preservation. A strategy for continuing the community’s economic adjustment to the impact of trade after the completion of such projects. A description of the educational and training programs and the potential employment opportunities available to workers in the community, including for workers under the age of 25, and the future employment needs of the community. An assessment of— the cost of implementing the strategic plan; and the timing of funding required by the community to implement the strategic plan. A description of the methods of financing to be used to implement the strategic plan, including— a grant received under section 274 or under other authorities; a loan, including the establishment of a revolving loan fund; or other types of financing. An assessment of how the community will address unemployment among agricultural commodity producers, if applicable. The Secretary shall, subject to the availability of appropriations, offer assistance in developing a strategic plan under this section to any eligible community that requests such assistance. The Secretary may make available not more than $50,000,000 of the amounts appropriated pursuant to the authorization of appropriations under section 277(c) for each of the fiscal years 2022 through 2026 to provide assistance to communities under this subsection. The Secretary shall approve the strategic plan developed by an eligible community under this section if the Secretary determines that the strategic plan meets the requirements of this section. The Secretary shall coordinate the Federal response with respect to an eligible community that is awarded a grant under section 274 to carry out the community’s strategic plan developed under section 275 by— identifying and consulting, as appropriate, with— the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Energy, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury; and any other Federal, State, regional, or local government agency, if appropriate; assisting the community to access assistance from other available Federal sources as necessary to fulfil the community’s strategic plan developed under section 275; and ensuring that such assistance is provided in a targeted, integrated manner. In addition to the coordination and assistance described in subsection (a), the Secretary shall, subject to the availability of appropriations, provide technical assistance for communities— to identify significant impediments to economic development that result from the impact of trade on the community, including in the course of developing a strategic plan under section 275; and to access assistance under other available sources, including State, local, or private sources by carrying out projects that diversify and strengthen the economy in the community. The Secretary shall, subject to paragraph (3), promulgate such regulations as may be necessary to carry out this subchapter, including— administering the awarding of grants under section 274, including establishing guidelines for the submission and evaluation of grant applications under such section; and establishing guidelines for the evaluation of strategic plans developed under section 275. The Secretary shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not later than 90 days prior to promulgating any final rule or regulation under this subsection. The Secretary, to the maximum extent practicable, shall— rely on and apply regulations promulgated to carry out other economic development programs of the Department of Commerce for purposes of carrying out this subchapter; and provide guidance regarding the manner and extent to which such other economic development programs relate to this subchapter. The Secretary shall— designate such staff as may be necessary to provide sufficiently individualized assistance to each eligible community that seeks technical assistance under section 273(a)(4), 275(d), or 276(b) to develop and implement its strategic plan under section 275; and designate such staff and allocate such existing resources as may be necessary to carry out this subchapter. There is authorized to be appropriated to the Secretary $1,000,000,000 for each of the fiscal years 2022 through 2026 to carry out this subchapter. Amounts appropriated pursuant to the authorization of appropriations under this subsection— shall remain available until expended; and shall be used to supplement, and not supplant, other Federal, State, regional, and local government funds made available to provide economic development assistance for communities. . The table of contents for the Trade Act of 1974 is amended by striking the items relating to chapter 4 of title II and inserting the following: Chapter 4—Trade Adjustment Assistance for Communities Subchapter A—Trade Adjustment Assistance for Communities Sec. 271. Definitions. Sec. 272. Establishment of trade adjustment assistance for communities program. Sec. 273. Eligibility; notification. Sec. 274. Grants to eligible communities. Sec. 275. Strategic plans. Sec. 276. Coordination of Federal response and other additional technical assistance. Sec. 277. General provisions. Subchapter B—Community College and Career Training Grant Program Sec. 279. Community College and Career Training Grant Program. Sec. 279A. Authorization of appropriations. .
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Sec. 301
Trade adjustment assistance for communities
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