S 122 ISCommentsClose CommentsPermalink

To amend the Trade Act of 1974 to extend benefits to service sector workers and firms, enhance certain trade adjustment assistance authorities, and for other purposes.CommentsClose CommentsPermalink

January 4, 2007

Mr. BAUCUS (for himself and Mr. COLEMAN) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To amend the Trade Act of 1974 to extend benefits to service sector workers and firms, enhance certain trade adjustment assistance authorities, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Trade Adjustment Assistance Improvement Act of 2007'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR SERVICES SECTOR

Sec. 101. Short title.CommentsClose CommentsPermalink





Sec. 102. Extension of trade adjustment assistance to services sector.CommentsClose CommentsPermalink





Sec. 103. Trade adjustment assistance for firms and industries.CommentsClose CommentsPermalink





Sec. 104. Monitoring and reporting.CommentsClose CommentsPermalink





Sec. 105. Effective date.CommentsClose CommentsPermalink

TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR INDUSTRIES

Sec. 201. Other methods of requesting investigation.CommentsClose CommentsPermalink





Sec. 202. Notification.CommentsClose CommentsPermalink





Sec. 203. Industry-wide determination.CommentsClose CommentsPermalink





Sec. 204. Coordination with other trade provisions.CommentsClose CommentsPermalink





Sec. 205. Regulations.CommentsClose CommentsPermalink

TITLE III--OTHER TRADE ADJUSTMENT ASSISTANCE MATTERS

Subtitle A--Trade Adjustment Assistance

Sec. 301. Calculation of separation tolled during litigation.CommentsClose CommentsPermalink





Sec. 302. Establishment of Trade Adjustment Assistance Advisor.CommentsClose CommentsPermalink





Sec. 303. Office of Trade Adjustment Assistance.CommentsClose CommentsPermalink





Sec. 304. Certification of submissions.CommentsClose CommentsPermalink





Sec. 305. Wage insurance.CommentsClose CommentsPermalink





Sec. 306. Training.CommentsClose CommentsPermalink





Sec. 307. Funding for administrative costs.CommentsClose CommentsPermalink





Sec. 308. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Data Collection

Sec. 311. Short title.CommentsClose CommentsPermalink





Sec. 312. Data collection; information to workers.CommentsClose CommentsPermalink





Sec. 313. Determinations by the Secretary of Labor.CommentsClose CommentsPermalink

Subtitle C--Trade Adjustment Assistance for Farmers

Sec. 321. Clarification of marketing year and other provisions.CommentsClose CommentsPermalink





Sec. 322. Eligibility.CommentsClose CommentsPermalink

TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR SERVICES SECTOR

SEC. 101. SHORT TITLE.

This title may be cited as the `Trade Adjustment Assistance Equity for Service Workers Act of 2007'.CommentsClose CommentsPermalink

SEC. 102. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICES SECTOR.

(a) Adjustment Assistance for Workers- Section 221(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by striking `firm)' and inserting `firm, and workers in a service sector firm or subdivision of a service sector firm, or public agency)'.CommentsClose CommentsPermalink





(b) Group Eligibility Requirements; Service Workers; Shifts in Production- Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking `agricultural firm)' and inserting `agricultural firm, and workers in a service sector firm or subdivision of a service sector firm, or public agency)';CommentsClose CommentsPermalink





(B) in paragraph (1), by inserting `or public agency' after `of the firm'; andCommentsClose CommentsPermalink





(C) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A)(ii), by striking `like or directly competitive with articles produced' and inserting `or services like or directly competitive with articles produced or services provided';CommentsClose CommentsPermalink





(ii) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





`(B)(i) there has been a shift, by such workers' firm, subdivision, or public agency to a foreign country, of production of articles, or in provision of services, like or directly competitive with articles which are produced, or services which are provided by such firm, subdivision, or public agency; orCommentsClose CommentsPermalink





`(ii) such workers' firm, subdivision, or public agency has obtained or is likely to obtain such services from a foreign country.';CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking `agricultural firm)' and inserting `agricultural firm, and workers in a service sector firm or subdivision of a service sector firm, or public agency)';CommentsClose CommentsPermalink





(B) in paragraph (2), by inserting `or service' after `related to the article'; andCommentsClose CommentsPermalink





(C) in paragraph (3)(A), by inserting `or services' after `component parts';CommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (3)--CommentsClose CommentsPermalink





(i) by inserting `or services' after `value-added production processes';CommentsClose CommentsPermalink





(ii) by striking `or finishing' and inserting `, finishing, or testing';CommentsClose CommentsPermalink





(iii) by inserting `or services' after `for articles';CommentsClose CommentsPermalink





(iv) by inserting `(or subdivision)' after `such other firm'; andCommentsClose CommentsPermalink





(v) by striking `, if the certification of eligibility' and all that follows to the end period; andCommentsClose CommentsPermalink





(B) in paragraph (4)--CommentsClose CommentsPermalink





(i) by striking `for articles' and inserting `, or services, used in the production of articles or in the provision of services'; andCommentsClose CommentsPermalink





(ii) by inserting `(or subdivision)' after `such other firm'; andCommentsClose CommentsPermalink





(4) by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(d) Basis for Secretary's Determinations-CommentsClose CommentsPermalink





`(1) INCREASED IMPORTS- For purposes of subsection (a)(2)(A)(ii), the Secretary may determine that increased imports of like or directly competitive articles or services exist if the workers' firm or subdivision or customers of the workers' firm or subdivision accounting for not less than 20 percent of the sales of the workers' firm or subdivision certify to the Secretary that they are obtaining such articles or services from a foreign country.CommentsClose CommentsPermalink





`(2) OBTAINING SERVICES ABROAD- For purposes of subsection (a)(2)(B)(ii), the Secretary may determine that the workers' firm, subdivision, or public agency has obtained or is likely to obtain like or directly competitive services from a foreign country based on a certification thereof from the workers' firm, subdivision, or public agency.CommentsClose CommentsPermalink





`(3) AUTHORITY OF THE SECRETARY- The Secretary may obtain the certifications under paragraphs (1) and (2) through questionnaires or in such other manner as the Secretary determines is appropriate.'.CommentsClose CommentsPermalink





(c) Definitions- Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by inserting `or public agency' after `of a firm'; andCommentsClose CommentsPermalink





(B) by inserting `or public agency' after `or subdivision';CommentsClose CommentsPermalink





(2) in paragraph (2)(B), by inserting `or public agency' after `the firm';CommentsClose CommentsPermalink





(3) by redesignating paragraphs (8) through (17) as paragraphs (9) through (18), respectively; andCommentsClose CommentsPermalink





(4) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink





`(7) The term `public agency' means a department or agency of a State or local government or of the Federal Government.CommentsClose CommentsPermalink





`(8) The term `service sector firm' means an entity engaged in the business of providing services.'.CommentsClose CommentsPermalink

SEC. 103. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS AND INDUSTRIES.

(a) Firms-CommentsClose CommentsPermalink





(1) ASSISTANCE- Section 251 of the Trade Act of 1974 (19 U.S.C. 2341) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by inserting `or service sector firm' after `(including any agricultural firm';CommentsClose CommentsPermalink





(B) in subsection (c)(1)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by inserting `or service sector firm' after `any agricultural firm';CommentsClose CommentsPermalink





(ii) in subparagraph (B)(ii), by inserting `or service' after `of an article'; andCommentsClose CommentsPermalink





(iii) in subparagraph (C), by striking `articles like or directly competitive with articles which are produced' and inserting `articles or services like or directly competitive with articles or services which are produced or provided'; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(e) Basis for Secretary Determination-CommentsClose CommentsPermalink





`(1) INCREASED IMPORTS- For purposes of subsection (c)(1)(C), the Secretary may determine that increases of imports of like or directly competitive articles or services exist if customers accounting for not less than 20 percent of the sales of the workers' firm certify to the Secretary that they are obtaining such articles or services from a foreign country.CommentsClose CommentsPermalink





`(2) AUTHORITY OF THE SECRETARY- The Secretary may obtain the certifications under paragraph (1) through questionnaires or in such other manner as the Secretary determines is appropriate. The Secretary may exercise the authority under section 249 in carrying out this subsection.'.CommentsClose CommentsPermalink





(2) DEFINITION- Section 261 of the Trade Act of 1974 (19 U.S.C. 2351) is amended--CommentsClose CommentsPermalink





(A) by striking `For purposes of' and inserting `(a) Firm- For purposes of'; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(b) Service Sector Firm- For purposes of this chapter, the term `service sector firm' means a firm engaged in the business of providing services.'.CommentsClose CommentsPermalink





(b) Industries- Section 265(a) of the Trade Act of 1974 (19 U.S.C. 2355(a)) is amended by inserting `or service' after `new product'.CommentsClose CommentsPermalink





(c) Technical Amendments-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended by striking `subpena' and inserting `subpoena' each place it appears in the heading and the text.CommentsClose CommentsPermalink





(2) TABLE OF CONTENTS- The table of contents for the Trade Act of 1974 is amended by striking `Subpena' in the item relating to section 249 and inserting `Subpoena'.CommentsClose CommentsPermalink

SEC. 104. MONITORING AND REPORTING.

Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended--CommentsClose CommentsPermalink





(1) in the first sentence--CommentsClose CommentsPermalink





(A) by striking `The Secretary' and inserting `(a) Monitoring Programs- The Secretary';CommentsClose CommentsPermalink





(B) by inserting `and services' after `imports of articles';CommentsClose CommentsPermalink





(C) by inserting `and domestic provision of services' after `domestic production';CommentsClose CommentsPermalink





(D) by inserting `or providing services' after `producing articles'; andCommentsClose CommentsPermalink





(E) by inserting `, or provision of services,' after `changes in production'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(b) Collection of Data and Reports on Service Sector-CommentsClose CommentsPermalink





`(1) SECRETARY OF LABOR- Not later than 3 months after the date of the enactment of the Trade Adjustment Assistance Improvement Act of 2007, the Secretary of Labor shall implement a system to collect data on adversely affected service workers that includes the number of workers by State, industry, and cause of dislocation of each worker.CommentsClose CommentsPermalink





`(2) SECRETARY OF COMMERCE- Not later than 180 days after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and report to the Congress on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms obtaining services from firms in foreign countries.'.CommentsClose CommentsPermalink

SEC. 105. EFFECTIVE DATE.

The amendments made by this title shall take effect on the date that is 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR INDUSTRIES

SEC. 201. OTHER METHODS OF REQUESTING INVESTIGATION.

Section 221 of the Trade Act of 1974 (19 U.S.C. 2271) is amended--CommentsClose CommentsPermalink





(1) by adding at the end the following:CommentsClose CommentsPermalink





`(c) Other Methods of Initiating a Petition- Upon the request of the President or the United States Trade Representative, or the resolution of either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives, the Secretary shall promptly initiate an investigation under this chapter to determine the eligibility for adjustment assistance of--CommentsClose CommentsPermalink





`(1) a group of workers (which may include workers from more than one facility or employer); orCommentsClose CommentsPermalink





`(2) all workers in an occupation as that occupation is defined in the Bureau of Labor Statistics Standard Occupational Classification System.';CommentsClose CommentsPermalink





(2) in subsection (a)(2), by inserting `or a request or resolution filed under subsection (c),' after `paragraph (1),'; andCommentsClose CommentsPermalink





(3) in subsection (a)(3), by inserting `, request, or resolution' after `petition' each place it appears.CommentsClose CommentsPermalink

SEC. 202. NOTIFICATION.

Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 224. NOTIFICATIONS REGARDING AFFIRMATIVE DETERMINATIONS AND SAFEGUARDS.

`(a) Notifications Regarding Chapter 1 Investigations and Determinations- Whenever the International Trade Commission makes a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the Commission shall immediately--CommentsClose CommentsPermalink





`(1) notify the Secretary of Labor of that finding; andCommentsClose CommentsPermalink





`(2) in the case of a finding with respect to an agricultural commodity, as defined in section 291, notify the Secretary of Agriculture of that finding.CommentsClose CommentsPermalink





`(b) Notification Regarding Bilateral Safeguards- The International Trade Commission shall immediately notify the Secretary of Labor and, in an investigation with respect to an agricultural commodity, the Secretary of Agriculture, whenever the Commission makes an affirmative determination pursuant to one of the following provisions:CommentsClose CommentsPermalink





`(1) Section 421 of the Trade Act of 1974 (19 U.S.C. 2451).CommentsClose CommentsPermalink





`(2) Section 312 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(3) Section 312 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(4) Section 312 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(5) Section 312 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(6) Section 302(b) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3352(b)).CommentsClose CommentsPermalink





`(7) Section 212 of the United States-Jordan Free Trade Agreement Implementation Act (19 U.S.C. 2112).CommentsClose CommentsPermalink





`(8) Section 312 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4062).CommentsClose CommentsPermalink





`(9) Section 312 of the United States-Bahrain Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(10) Section 312 of the United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(c) Agricultural Safeguards- The Commissioner of Customs shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, whenever the Commissioner of Customs assesses additional duties on a product pursuant to one of the following provisions:CommentsClose CommentsPermalink





`(1) Section 202 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(2) Section 202 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(3) Section 201(c) of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(4) Section 309 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3358).CommentsClose CommentsPermalink





`(5) Section 301(a) of the United States-Canada Free Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).CommentsClose CommentsPermalink





`(6) Section 404 of the United States-Israel Free Trade Agreement Implementation Act (19 U.S.C. 2112 note).CommentsClose CommentsPermalink





`(7) Section 202 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4032).CommentsClose CommentsPermalink





`(d) Textile Safeguards- The President shall immediately notify the Secretary of Labor whenever the President makes a positive determination pursuant to one of the following provisions:CommentsClose CommentsPermalink





`(1) Section 322 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(2) Section 322 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(3) Section 322 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(4) Section 322 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(5) Section 322 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4082).CommentsClose CommentsPermalink





`(6) Section 322 of the United States-Bahrain Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(7) Section 322 of the United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).CommentsClose CommentsPermalink





`(e) Antidumping and Countervailing Duties- Whenever the International Trade Commission makes a final affirmative determination pursuant to section 705 or section 735 of the Tariff Act of 1930 (19 U.S.C. 1671d or 1673d), the Commission shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, of that determination.'.CommentsClose CommentsPermalink

SEC. 203. INDUSTRY-WIDE DETERMINATION.

Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(e) Investigation Regarding Industry-Wide Certification- If the Secretary receives a request or a resolution under section 221(c) on behalf of workers in a domestic industry or occupation (described in section 221(c)(2)) or receives 3 or more petitions under section 221(a) within a 180-day period on behalf of groups of workers in a domestic industry or occupation, the Secretary shall make an industry-wide determination under subsection (a) of this section with respect to the domestic industry or occupation in which the workers are or were employed. If the Secretary does not make a determination and issue a certification under the preceding sentence, the Secretary shall make a determination of eligibility under subsection (a) with respect to each group of workers in that domestic industry or occupation from which a petition was received.'.CommentsClose CommentsPermalink

SEC. 204. COORDINATION WITH OTHER TRADE PROVISIONS.

(a) Industry-Wide Certification Based on Global Safeguards-CommentsClose CommentsPermalink





(1) RECOMMENDATIONS BY ITC-CommentsClose CommentsPermalink





(A) Section 202(e)(2)(D) of the Trade Act of 1974 (19 U.S.C. 2252(e)(2)(D)) is amended by striking `, including the provision of trade adjustment assistance under chapter 2'.CommentsClose CommentsPermalink





(B) Section 203(a)(3)(D) of the Trade Act of 1974 (19 U.S.C. 2253(a)(3)(D)) is amended by striking `, including the provision of trade adjustment assistance under chapter 2'.CommentsClose CommentsPermalink





(2) ASSISTANCE FOR WORKERS- Section 203(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2253(a)(1)(A)) is amended to read as follows:CommentsClose CommentsPermalink





`(A) After receiving a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry--CommentsClose CommentsPermalink





`(i) the President shall take all appropriate and feasible action within his power; andCommentsClose CommentsPermalink





`(ii)(I) the Secretary of Labor shall certify as eligible to apply for adjustment assistance under section 223 workers employed in the domestic industry defined by the Commission if such workers become totally or partially separated, or are threatened to become totally or partially separated, not earlier than 1 year before, or not later than 1 year after, the date on which the Commission made its report to the President under section 202(f); andCommentsClose CommentsPermalink





`(II) in the case of a finding with respect to an agricultural commodity as defined in section 291, the Secretary of Agriculture shall certify as eligible to apply for adjustment assistance under section 293 agricultural commodity producers employed in the domestic production of the agricultural commodity that is the subject of the finding during the most recent marketing year.'.CommentsClose CommentsPermalink





(b) Industry-Wide Certification Based on Bilateral Safeguard Provisions or Antidumping or Countervailing Duty Orders-CommentsClose CommentsPermalink





(1) IN GENERAL- Subchapter A of chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by inserting after section 224 the following new section:CommentsClose CommentsPermalink

`SEC. 224A. INDUSTRY-WIDE CERTIFICATION WHERE BILATERAL SAFEGUARD PROVISIONS INVOKED OR ANTIDUMPING OR COUNTERVAILING DUTIES IMPOSED.

`(a) In General-CommentsClose CommentsPermalink





`(1) MANDATORY CERTIFICATION- Not later than 10 days after the date on which the Secretary of Labor receives a notification with respect to the imposition of a trade remedy, safeguard determination, or antidumping or countervailing duty determination under section 224 (a), (b), (c), (d), or (e), the Secretary shall certify as eligible for trade adjustment assistance under section 223(a) workers employed in the domestic production of the article that is the subject of the trade remedy, safeguard determination, or antidumping or countervailing duty determination, as the case may be, if such workers become totally or partially separated, or are threatened to become totally or partially separated not more than 1 year before or not more than 1 year after the applicable date.CommentsClose CommentsPermalink





`(2) APPLICABLE DATE- In this section, the term `applicable date' means--CommentsClose CommentsPermalink





`(A) the date on which the affirmative or positive determination or finding is made in the case of a notification under section 224 (a), (b), or (d);CommentsClose CommentsPermalink





`(B) the date on which a final determination is made in the case of a notification under section 224(e); orCommentsClose CommentsPermalink





`(C) the date on which additional duties are assessed in the case of a notification under section 224(c).CommentsClose CommentsPermalink





`(b) Qualifying Requirements for Workers- The provisions of subchapter B shall apply in the case of a worker covered by a certification under this section or section 223(e), except as follows:CommentsClose CommentsPermalink





`(1) Section 231(a)(5)(A)(ii) shall be applied--CommentsClose CommentsPermalink





`(A) by substituting `30th week' for `26th week' in subclause (I); andCommentsClose CommentsPermalink





`(B) by substituting `26th week' for `20th week' in subclause (II).CommentsClose CommentsPermalink





`(2) The provisions of section 236(a)(1) (A) and (B) shall not apply.'.CommentsClose CommentsPermalink





(2) AGRICULTURAL COMMODITY PRODUCERS- Chapter 6 of title II of the Trade Act of 1974 (19 U.S.C. 2401 et seq.) is amended by striking section 294 and inserting the following:CommentsClose CommentsPermalink

`SEC. 294. INDUSTRY-WIDE CERTIFICATION FOR AGRICULTURAL COMMODITY PRODUCERS WHERE SAFEGUARD PROVISIONS INVOKED OR ANTIDUMPING OR COUNTERVAILING DUTIES IMPOSED.

`(a) In General- Not later than 10 days after the date on which the Secretary of Agriculture receives a notification with respect to the imposition of a trade remedy, safeguard determination, or antidumping or countervailing duty determination under section 224 (b), (c), or (e), the Secretary shall certify as eligible for trade adjustment assistance under section 293(a) agricultural commodity producers employed in the domestic production of the agricultural commodity that is the subject of the trade remedy, safeguard determination, or antidumping or countervailing duty determination, as the case may be, during the most recent marketing year.CommentsClose CommentsPermalink





`(b) Applicable Date- In this section, the term `applicable date' means--CommentsClose CommentsPermalink





`(1) the date on which the affirmative or positive determination or finding is made in the case of a notification under section 224(b);CommentsClose CommentsPermalink





`(2) the date on which a final determination is made in the case of a notification under section 224(e); orCommentsClose CommentsPermalink





`(3) the date on which additional duties are assessed in the case of a notification under section 224(c).'.CommentsClose CommentsPermalink





(c) Technical Amendments- The table of contents for title II of the Trade Act of 1974 is amended--CommentsClose CommentsPermalink





(1) by striking the item relating to section 224 and inserting the following:CommentsClose CommentsPermalink





`Sec. 224. Notifications regarding affirmative determinations and safeguards.';CommentsClose CommentsPermalink





(2) by inserting after the item relating to section 224, the following:CommentsClose CommentsPermalink





`Sec. 224A. Industry-wide certification based on bilateral safeguard provisions invoked or antidumping or countervailing duties imposed.';CommentsClose CommentsPermalink





andCommentsClose CommentsPermalink





(3) by striking the item relating to section 294, and inserting the following:CommentsClose CommentsPermalink





`Sec. 294. Industry-wide certification for agricultural commodity producers where safeguard provisions invoked or antidumping or countervailing duties imposed.'.CommentsClose CommentsPermalink

SEC. 205. REGULATIONS.

The Secretary of the Treasury, the Secretaries of Agriculture and Labor, and the International Trade Commission may promulgate such regulations as may be necessary to carry out the amendments made by this title.CommentsClose CommentsPermalink

TITLE III--OTHER TRADE ADJUSTMENT ASSISTANCE MATTERS

Subtitle A--Trade Adjustment Assistance

SEC. 301. CALCULATION OF SEPARATION TOLLED DURING LITIGATION.

Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(h) Special Rule for Calculating Separation- Notwithstanding any other provision of this chapter, any period during which a judicial or administrative appeal is pending with respect to the denial by the Secretary of a petition under section 223 shall not be counted for purposes of calculating the period of separation under subsection (a)(2) and an adversely affected worker that would otherwise be entitled to a trade readjustment allowance shall not be denied such allowance because of such appeal.'.CommentsClose CommentsPermalink

SEC. 302. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE ADVISOR.

(a) In General- Subchapter A of chapter 2 of title II of the Trade Act of 1974 is amended by inserting after section 221, the following new section:CommentsClose CommentsPermalink

`SEC. 221A. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE ADVISOR.

`(a) In General- There is established in the Department of Labor an office to be known as the `Office of Trade Adjustment Assistance Advisor' (in this section referred to as the `Office'). The Office shall be headed by a Director, who shall be responsible for providing assistance and advice to any person or entity described in section 221(a)(1) desiring to file a petition for certification of eligibility under section 221.CommentsClose CommentsPermalink





`(b) Technical Assistance- The Director shall coordinate with each agency responsible for providing adjustment assistance under this chapter or chapter 6 (including the Office of Trade Adjustment Assistance established under section 255A) and shall provide technical and legal assistance and advice to enable persons or entities described in section 221(a)(1) to prepare and file petitions for certification under section 221.'.CommentsClose CommentsPermalink





(b) Technical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 221, the following:CommentsClose CommentsPermalink





`Sec. 221A. Establishment of Office of Trade Adjustment Assistance Advisor.'.CommentsClose CommentsPermalink

SEC. 303. 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:CommentsClose CommentsPermalink

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

`(a) Establishment- Not later than 90 days after the date of the enactment of the Trade Adjustment Assistance Improvement Act of 2007, there shall be established in the International Trade Administration of the Department of Commerce an Office of Trade Adjustment Assistance (in this section referred to as the `Office').CommentsClose CommentsPermalink





`(b) Functions- The Office shall assist the Secretary of Commerce in carrying out the Secretary's responsibilities under this chapter.CommentsClose CommentsPermalink





`(c) 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.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





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

SEC. 304. CERTIFICATION OF SUBMISSIONS.

Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended by section 203, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(f) Certification of Submissions- If an employer submits a petition on behalf of a group of workers pursuant to section 221(a)(1) or if the Secretary requests evidence or information from an employer in order to make a determination under this section, the accuracy and completeness of any evidence or information submitted by the employer shall be certified by the employer's legal counsel or by an officer of the employer.'.CommentsClose CommentsPermalink

SEC. 305. WAGE INSURANCE.

(a) In General- Section 246(a)(3) of the Trade Act of 1974 (19 U.S.C. 2318(a)(3)) is amended to read as follows:CommentsClose CommentsPermalink





`(3) ELIGIBILITY- A worker in a group that the Secretary has certified as eligible to apply for adjustment assistance under section 223 may elect to receive benefits under the alternative trade adjustment assistance program if the worker--CommentsClose CommentsPermalink





`(A) obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;CommentsClose CommentsPermalink





`(B) is at least 40 years of age;CommentsClose CommentsPermalink





`(C) earns not more than $50,000 a year in wages from reemployment;CommentsClose CommentsPermalink





`(D) is employed on a full-time basis as defined by State law in the State in which the worker is employed; andCommentsClose CommentsPermalink





`(E) does not return to the employment from which the worker was separated.'.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Subparagraphs (A) and (B) of section 246(a)(2) of the Trade Act of 1974 (19 U.S.C. 2318(a)(2)) are amended by striking `paragraph (3)(B)' and inserting `paragraph (3)' each place it appears.CommentsClose CommentsPermalink





(2) Section 246(b)(2) of such Act is amended by striking `subsection (a)(3)(B)' and inserting `subsection (a)(3)'.CommentsClose CommentsPermalink





(c) Extension- Section 246(b)(1) of such Act is amended by striking `5 years' and inserting `10 years'.CommentsClose CommentsPermalink

SEC. 306. TRAINING.

(a) Modification of Enrollment Deadlines- Section 231(a)(5)(A)(ii) of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)(A)(ii)) is amended--CommentsClose CommentsPermalink





(1) in subclause (I), by striking `16th week' and inserting `26th week'; andCommentsClose CommentsPermalink





(2) in subclause (II), by striking `8th week' and inserting `20th week'.CommentsClose CommentsPermalink





(b) Extension of Allowance to Accommodate Training- Section 233 of the Trade Act of 1974 (19 U.S.C. 2293), as amended by section 301, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(i) Extension of Allowance- Notwithstanding any other provision of this section, a trade readjustment allowance may be paid to a worker for a number of additional weeks equal to the number of weeks the worker's enrollment in training was delayed beyond the deadline applicable under section 231(a)(5)(A)(ii) pursuant to a waiver granted under section 231(c)(1)(E).'.CommentsClose CommentsPermalink





(c) Funding for Training- Section 236(a) of the Trade Act of 1974 (19 U.S.C. 2296(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1) by striking `Upon such approval' and all that follows to the end; andCommentsClose CommentsPermalink





(2) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





`(2)(A) Upon approval of a training program under paragraph (l), and subject to the limitations imposed by this section, an adversely affected worker covered by a certification issued under section 223 shall be eligible to have payment of the costs of that training, including any costs of an approved training program incurred by a worker before a certification was issued under section 223, made on behalf of the worker by the Secretary directly or through a voucher system.CommentsClose CommentsPermalink





`(B) Not later than 6 months after the date of enactment of the Trade Adjustment Assistance Improvement Act of 2007, the Secretary shall develop, and submit to Congress for approval, a formula that provides workers with an individual entitlement for training costs to be administered pursuant to sections 239 and 240. The formula shall take into account--CommentsClose CommentsPermalink





`(i) the number of workers enrolled in trade adjustment assistance;CommentsClose CommentsPermalink





`(ii) the duration of the assistance;CommentsClose CommentsPermalink





`(iii) the anticipated training costs for workers; andCommentsClose CommentsPermalink





`(iv) any other factors the Secretary deems appropriate.CommentsClose CommentsPermalink





`(C) Until such time as Congress approves the formula, the total amount of payments that may be made under subparagraph (A) for any fiscal year shall not exceed 50 percent of the amount of trade readjustment allowances paid to workers during that fiscal year.'.CommentsClose CommentsPermalink





(d) Approved Training Programs-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 236(a)(5) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is amended--CommentsClose CommentsPermalink





(A) by striking `and' at the end of subparagraph (E);CommentsClose CommentsPermalink





(B) by redesignating subparagraph (F) as subparagraph (H); andCommentsClose CommentsPermalink





(C) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





`(F) integrated workforce training;CommentsClose CommentsPermalink





`(G) entrepreneurial training; and'.CommentsClose CommentsPermalink





(2) DEFINITION- Section 247 of the Trade Act of 1974 (19 U.S.C. 2319), as amended by 102(c), is amended by adding at the end the following:CommentsClose CommentsPermalink





`(19) The term `integrated workforce training' means training that integrates occupational skills training with English language acquisition.'.CommentsClose CommentsPermalink

SEC. 307. FUNDING FOR ADMINISTRATIVE COSTS.

Section 241 of the Trade Act of 1974 (19 U.S.C. 2313) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(d) Funds provided by the Secretary to a State to cover administrative costs associated with the performance of a State's responsibilities under section 239 shall be sufficient to cover all costs of the State associated with operating the trade adjustment assistance program, including case worker costs.'.CommentsClose CommentsPermalink

SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking `2007' and inserting `2012'.CommentsClose CommentsPermalink





(b) Firms- Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by inserting `and $50,000,000 for each of fiscal years 2008 through 2012,' after `fiscal years 2003 through 2007,'.CommentsClose CommentsPermalink





(c) Termination- Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking `2007' each place it appears and inserting `2012'.CommentsClose CommentsPermalink





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

Subtitle B--Data Collection

SEC. 311. SHORT TITLE.

This subtitle may be cited as the `Trade Adjustment Assistance Accountability Act'.CommentsClose CommentsPermalink

SEC. 312. DATA COLLECTION; INFORMATION TO WORKERS.

(a) Data Collection- Subchapter C of chapter 2 of title II of the Trade Act of 1974 is amended by inserting after section 249, the following new section:CommentsClose CommentsPermalink

`SEC. 250. DATA COLLECTION; REPORT.

`(a) Data Collection- The Secretary shall, pursuant to regulations prescribed by the Secretary, collect any data necessary to meet the requirements of this chapter. The Secretary shall collect and publish, on an annual basis, the following:CommentsClose CommentsPermalink





`(1) The number of workers certified and the number of workers actually participating in the trade adjustment assistance program.CommentsClose CommentsPermalink





`(2) The time for processing petitions.CommentsClose CommentsPermalink





`(3) The number of training waivers granted.CommentsClose CommentsPermalink





`(4) The number of workers receiving benefits and the type of benefits being received.CommentsClose CommentsPermalink





`(5) The number of workers enrolled in, and the duration of, training by major types of training.CommentsClose CommentsPermalink





`(6) Earnings history of workers that reflects wages before separation and wages in any job obtained after receiving benefits under this Act.CommentsClose CommentsPermalink





`(7) Reemployment rates and sectors in which dislocated workers have been employed.CommentsClose CommentsPermalink





`(8) The cause of dislocation identified in each petition that resulted in a certification under this chapter.CommentsClose CommentsPermalink





`(9) The number of petitions filed and workers certified in each congressional district of the United States.CommentsClose CommentsPermalink





`(b) State Participation- The Secretary shall ensure, to the extent practicable, through oversight and effective internal control measures the following:CommentsClose CommentsPermalink





`(1) STATE PARTICIPATION- Participation by each State in the collection of data required under subsection (a) and shall provide incentives for States to supplement employment and wage data obtained through the use of unemployment insurance wage records.CommentsClose CommentsPermalink





`(2) MONITORING- Monitoring by each State of internal control measures with respect to program measurement data collected by each State.CommentsClose CommentsPermalink





`(3) RESPONSE- The quality and speed of the rapid response provided by each State under section 134(a)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)).CommentsClose CommentsPermalink





`(c) Report-CommentsClose CommentsPermalink





`(1) ANNUAL REPORT- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and make available to each State and to the public a report that includes the information collected under this section.'.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) COORDINATION- Section 281 of the Trade Act of 1974 (19 U.S.C. 2392) is amended by striking `Departments of Labor and Commerce' and inserting `Departments of Labor, Commerce, and Agriculture'.CommentsClose CommentsPermalink





(2) TRADE MONITORING SYSTEM- Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended by striking `The Secretary of Commerce and the Secretary of Labor' and inserting `The Secretaries of Commerce, Labor, and Agriculture'.CommentsClose CommentsPermalink





(3) TABLE OF CONTENTS- The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 249, the following new item:CommentsClose CommentsPermalink





`Sec. 250. Data collection; report.'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 313. DETERMINATIONS BY THE SECRETARY OF LABOR.

Section 223(c) of the Trade Act of 1974 (19 U.S.C. 2273(c)) is amended to read as follows:CommentsClose CommentsPermalink





`(c) Publication of Determinations- Upon reaching a determination on a petition, the Secretary shall--CommentsClose CommentsPermalink





`(1) promptly publish a summary of the determination in the Federal Register together with the Secretary's reasons for making such determination; andCommentsClose CommentsPermalink





`(2) make the full text of the determination available to the public on the Internet website of the Department of Labor with full-text searchability.'.CommentsClose CommentsPermalink

Subtitle C--Trade Adjustment Assistance for Farmers

SEC. 321. CLARIFICATION OF MARKETING YEAR AND OTHER PROVISIONS.

(a) In General- Section 291(5) of the Trade Act of 1974 (19 U.S.C. 2401(5)) is amended by inserting before the end period the following: `, or in the case of an agricultural commodity that has no officially designated marketing year, in a 12-month period for which the petitioner provides written request'.CommentsClose CommentsPermalink





(b) 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.CommentsClose CommentsPermalink

SEC. 322. ELIGIBILITY.

(a) In General- Section 292(c)(1) of the Trade Act of 1974 (19 U.S.C. 2401a(c)(1)) is amended by striking `80 percent' and inserting `90 percent'.CommentsClose CommentsPermalink





(b) Special Rule for Qualified Subsequent Years- Paragraph (2) of section 292(d) of the Trade Act of 1974 (19 U.S.C. 2401A(d)(2)) is amended to read as follows:CommentsClose CommentsPermalink





`(2) imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group contributed importantly to the decline in price determined under subsection (c)(1) without regard to whether imports of such articles increased in any year subsequent to the year the group was first certified.'.CommentsClose CommentsPermalink





(c) Net Farm Income- Section 296(a)(1)(C) of the Trade Act of 1974 (19 U.S.C. 2401e(a)(1)(C)) is amended by inserting before the end period the following: `or the producer had no positive net farm income for the 2 most recent consecutive years in which no adjustment assistance was received by the producer under this chapter'.CommentsClose CommentsPermalink