(b) EFFECTIVE DATE.-The amendments made by this title shall 19 USC 2401 take effect on the date that is 180 days after the date of enactment note. of this Act. SEC. 142. CONFORMING AMENDMENTS. (a) JUDICIAL REVIEW.— (1) Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended— (A) by inserting "an agricultural commodity producer (as defined in section 291(2)) aggrieved by a determination of the Secretary of Agriculture under section 293," after "section 251 of this title,"; and (B) in the second sentence of subsection (a) and in subsections (b) and (c), by striking "or the Secretary of Commerce" each place it appears and inserting ", the Secretary of Commerce, or the Secretary of Agriculture". (b) CHAPTERS 6.-The table of contents for title II of the Trade Act of 1974, as amended by subparagraph (A), is amended by inserting after the items relating to chapter 5 the following: "CHAPTER 6-ADJUSTMENT ASSISTANCE FOR FARMERS "Sec. 291. Definitions. "Sec. 292. Petitions; group eligibility. "Sec. 293. Determinations by Secretary of Agriculture. "Sec. 294. Study by Secretary of Agriculture when International Trade Commission begins investigation. "Sec. 295. Benefit information to agricultural commodity producers. "Sec. 296. Qualifying requirements for agricultural commodity producers. "Sec. 297. Fraud and recovery of overpayments. "Sec. 298. Authorization of appropriations.". SEC. 143. STUDY ON TAA FOR FISHERMEN. 19 USC 2251 note. Not later than 1 year after the date of enactment of this Deadline. Act, the Secretary of Commerce shall conduct a study and report to Congress regarding whether a trade adjustment assistance program is appropriate and feasible for fishermen. For purposes of the preceding sentence, the term "fishermen" means any person who is engaged in commercial fishing or is a United States fish processor. Subtitle D-Effective Date SEC. 151. EFFECTIVE DATE. (a) IN GENERAL.-Except as otherwise provided in sections 123(c) and 141(b), and subsections (b), (c), and (d) of this section, the amendments made by this division shall apply to petitions for certification filed under chapter 2 or 3 of title II of the Trade Act of 1974 on or after the date that is 90 days after the date of enactment of this Act. (b) WORKERS CERTIFIED AS ELIGIBLE BEFORE EFFECTIVE DATE. Notwithstanding subsection (a), a worker shall continue to receive (or be eligible to receive) trade adjustment assistance and other benefits under chapter 2 of title II of the Trade Act of 1974, as in effect on September 30, 2001, for any week for which the worker meets the eligibility requirements of such chapter 2 as in effect on such date, if on or before such date, the worker(1) was certified as eligible for trade adjustment assistance benefits under such chapter as in effect on such date; and 19 USC note prec. 2271. 26 USC 35. (2) would otherwise be eligible to receive trade adjustment assistance benefits under such chapter as in effect on such date. (c) WORKERS WHO BECAME ELIGIBLE DURING QUALIFIED PERIOD.— (1) IN GENERAL.-Notwithstanding subsection (a) or any other provision of law, including section 285 of the Trade Act of 1974, any worker who would have been eligible to receive trade adjustment assistance or other benefits under chapter 2 of title II of the Trade Act of 1974 during the qualified period if such chapter 2 had been in effect during such period, shall be eligible to receive trade adjustment assistance and other benefits under chapter 2 of title II of the Trade Act of 1974, as in effect on September 30, 2001, for any week during the qualified period for which the worker meets the eligibility requirements of such chapter 2 as in effect on September 30, 2001. (2) QUALIFIED PERIOD.-For purposes of this subsection, the term "qualified period" means the period beginning on January 11, 2002, and ending on the date that is 90 days after the date of enactment of this Act. (d) ADJUSTMENT ASSISTANCE FOR FIRMS. (1) IN GENERAL.-Notwithstanding subsection (a) or any other provision of law, including section 285 of the Trade Act of 1974, and except as provided in paragraph (2), any firm that would have been eligible to receive adjustment assistance under chapter 3 of title II of the Trade Act if 1974 during the qualified period if such chapter 3 had been in effect during such period, shall be eligible to receive adjustment assistance under chapter 3 of title II of the Trade Act of 1974, as in effect on September 30, 2001, for any week during the qualified period for which the firm meets the eligibility requirements of such chapter 3 as in effect on September 30, 2001. (2) QUALIFIED PERIOD.-For purposes of this subsection, the term "qualified period" means the period beginning on October 1, 2001, and ending on the date that is 90 days after the date of enactment of this Act. TITLE II-CREDIT FOR HEALTH INSUR- SEC. 201. CREDIT FOR HEALTH INSURANCE COSTS OF INDIVIDUALS (a) IN GENERAL.-Subpart C of part IV of subchapter A of "(a) IN GENERAL.-In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to 65 percent of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under qualified health insurance for eligible coverage months beginning in the taxable year. "(b) ELIGIBLE COVERAGE MONTH.-For purposes of this section "(1) IN GENERAL.-The term 'eligible coverage month' means any month if— "(A) as of the first day of such month, the taxpayer “(i) is an eligible individual, "(ii) is covered by qualified health insurance, the premium for which is paid by the taxpayer, "(iii) does not have other specified coverage, and "(iv) is not imprisoned under Federal, State, or local authority, and "(B) such month begins more than 90 days after the date of the enactment of the Trade Act of 2002. “(2) JOINT RETURNS.-In the case of a joint return, the requirements of paragraph (1)(A) shall be treated as met with respect to any month if at least 1 spouse satisfies such requirements. “(c) ELIGIBLE INDIVIDUAL.—For purposes of this section— "(1) IN GENERAL.-The term 'eligible individual' means— "(B) an eligible alternative TAA recipient, and “(2) ELIGIBLE TAA RECIPIENT.-The term 'eligible TAA recipient' means, with respect to any month, any individual who is receiving for any day of such month a trade readjustment allowance under chapter 2 of title II cf the Trade Act of 1974 or who would be eligible to receive such allowance if section 231 of such Act were applied without regard to subsection (a)(3)(B) of such section. An individual shall continue to be treated as an eligible TAA recipient during the first month that such individual would otherwise cease to be an eligible TAA recipient by reason of the preceding sentence. "(3) ELIGIBLE ALTERNATIVE TAA RECIPIENT.-The term 'eligible alternative TAA recipient' means, with respect to any month, any individual who— "(A) is a worker described in section 246(a)(3)(B) of the Trade Act of 1974 who is participating in the program established under section 246(a)(1) of such Act, and "(B) is receiving a benefit for such month under section 246(a)(2) of such Act. An individual shall continue to be treated as an eligible alternative TAA recipient during the first month that such individual would otherwise cease to be an eligible alternative TAA recipient by reason of the preceding sentence. “(4) ELIGIBLE PBGC PENSION RECIPIENT.-The term 'eligible PBGC pension recipient' means, with respect to any month, any individual who "(A) has attained age 55 as of the first day of such month, and "(B) is receiving a benefit for such month any portion of which is paid by the Pension Benefit Guaranty Corporation under title IV of the Employee Retirement Income Security Act of 1974. “(d) QUALIFYING FAMILY MEMBER. For purposes of this section "(1) IN GENERAL.-The term 'qualifying family member' means "(A) the taxpayer's spouse, and "(B) any dependent of the taxpayer with respect to whom the taxpayer is entitled to a deduction under section 151(c). Such term does not include any individual who has other specified coverage. "(2) SPECIAL DEPENDENCY TEST IN CASE OF DIVORCED PARENTS, ETC.-If paragraph (2) or (4) of section 152(e) applies to any child with respect to any calendar year, in the case of any taxable year beginning in such calendar year, such child shall be treated as described in paragraph (1)(B) with respect to the custodial parent (within the meaning of section 152(e)(1)) and not with respect to the noncustodial parent. "(e) QUALIFIED HEALTH INSURANCE. For purposes of this section "(1) IN GENERAL.-The term 'qualified health insurance' means any of the following: "(A) Coverage under a COBRA continuation provision (as defined in section 9832(d)(1)). "(B) State-based continuation coverage provided by the State under a State law that requires such coverage. "(C) Coverage offered through a qualified State high risk pool (as defined in section 2744(c)(2) of the Public Health Service Act). "(D) Coverage under a health insurance program offered for State employees. "(E) Coverage under a State-based health insurance program that is comparable to the health insurance program offered for State employees. "(F) Coverage through an arrangement entered into by a State and— "(i) a group health plan (including such a plan which is a multiemployer plan as defined in section 3(37) of the Employee Retirement Income Security Act of 1974), "(ii) an issuer of health insurance coverage, "(iii) an administrator, or "(iv) an employer. "(G) Coverage offered through a State arrangement with a private sector health care coverage purchasing pool. "(H) Coverage under a State-operated health plan that does not receive any Federal financial participation. "(I) Coverage under a group health plan that is available through the employment of the eligible individual's spouse. "(J) In the case of any eligible individual and such individual's qualifying family members, coverage under individual health insurance if the eligible individual was covered under individual health insurance during the entire 30-day period that ends on the date that such individual became separated from the employment which qualified such individual for "(i) in the case of an eligible TAA recipient, the allowance described in subsection (c)(2), "(ii) in the case of an eligible alternative TAA recipient, the benefit described in subsection (c)(3)(B), or "(iii) in the case of any eligible PBGC pension recipient, the benefit described in subsection (c)(4)(B). For purposes of this subparagraph, the term 'individual health insurance' means any insurance which constitutes medical care offered to individuals other than in connection with a group health plan and does not include Federalor State-based health insurance coverage. “(2) REQUIREMENTS FOR STATE-BASED COVERAGE.— "(A) IN GENERAL.-The term 'qualified health insurance' does not include any coverage described in subparagraphs (B) through (H) of paragraph (1) unless the State involved has elected to have such coverage treated as qualified health insurance under this section and such coverage meets the following requirements: "(i) GUARANTEED ISSUE.-Each qualifying individual is guaranteed enrollment if the individual pays the premium for enrollment or provides a qualified health insurance costs credit eligibility certificate described in section 7527 and pays the remainder of such premium. "(ii) NO IMPOSITION OF PREEXISTING CONDITION EXCLUSION.-No pre-existing condition limitations are imposed with respect to any qualifying individual. "(iii) NONDISCRIMINATORY PREMIUM.-The total premium (as determined without regard to any subsidies) with respect to a qualifying individual may not be greater than the total premium (as so determined) for a similarly situated individual who is not a qualifying individual. "(iv) SAME BENEFITS.-Benefits under the coverage are the same as (or substantially similar to) the benefits provided to similarly situated individuals who are not qualifying individuals. "(B) QUALIFYING INDIVIDUAL.-For purposes of this paragraph, the term 'qualifying individual' means “(i) an eligible individual for whom, as of the date on which the individual seeks to enroll in the coverage described in subparagraphs (B) through (H) of paragraph (1), the aggregate of the periods of creditable coverage (as defined in section 9801(c)) is 3 months or longer and who, with respect to any month, meets the requirements of clauses (iii) and (iv) of subsection. (b)(1)(A); and "(ii) the qualifying family members of such eligible individual. "(3) EXCEPTION.-The term 'qualified health insurance' shall not include "(A) a flexible spending or similar arrangement, and "(B) any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c). |
