[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 910 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 910
To amend the Trade Act of 1974 to make certain modifications to the
trade adjustment assistance program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2007
Mr. English of Pennsylvania introduced the following bill; which was
referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Trade Act of 1974 to make certain modifications to the
trade adjustment assistance program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American
Competitiveness and Adjustment Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TRADE ADJUSTMENT ASSISTANCE
Sec. 101. Calculation of separation tolled during litigation.
Sec. 102. Revision of eligibility criteria.
Sec. 103. Health care tax credit.
Sec. 104. Alternative trade adjustment assistance.
Sec. 105. Training funds.
Sec. 106. Effective date.
TITLE II--DATA COLLECTION
Sec. 201. Data collection; study; information to workers.
Sec. 202. Determinations by the Secretary of Labor.
Sec. 203. Effective date.
TITLE III--INDUSTRY-WIDE CERTIFICATIONS
Sec. 301. Notification.
Sec. 302. Other methods of requesting investigation.
Sec. 303. Industry-Wide determination.
Sec. 304. Coordination with other trade provisions.
Sec. 305. Regulations.
Sec. 306. Effective date.
TITLE IV--OFFICE OF TRADE ADJUSTMENT ASSISTANCE
Sec. 401. Office of Trade Adjustment Assistance.
TITLE V--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
Sec. 501. Clarification of marketing year and other provisions.
Sec. 502. Eligibility.
Sec. 503. Petition process.
Sec. 504. Amount of cash benefits.
Sec. 505. Effective date.
TITLE VI--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
Sec. 601. Modification of eligibility.
TITLE VII--TRADE ADJUSTMENT ASSISTANCE FOR SERVICE WORKERS AND FIRMS
Sec. 701. Extension of trade adjustment assistance to services sector.
Sec. 702. Trade adjustment assistance for firms and industries.
Sec. 703. Monitoring and reporting.
Sec. 704. Effective date.
TITLE VIII--AUTHORIZATION OF APPROPRIATIONS
Sec. 801. Authorization of appropriations for trade adjustment
assistance.
TITLE I--TRADE ADJUSTMENT ASSISTANCE
SEC. 101. 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:
``(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.''.
SEC. 102. REVISION OF ELIGIBILITY CRITERIA.
(a) Downstream Workers.--Section 222(c)(3) of the Trade Act of 1974
(19 (U.S.C. 2272(c)(3)) is amended by striking ``, if the certification
of eligibility'' and all that follows through the end and inserting a
period.
(b) Shifts in Production.--Section 222(a)(2)(B) of the Trade Act of
1974 (19 (U.S.C. 2272(a)(2)(B)) is amended to read as follows:
``(B) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by such
firm or subdivision.''.
SEC. 103. HEALTH CARE TAX CREDIT.
(a) Removal of Training Requirement.--Section 35(c)(2) of the
Internal Revenue Act of 1986 (26 U.S.C. 35(c)(2)) is amended by
striking ``subsection (a)(3)(B)'' and inserting ``subsections (a)(3)(B)
and (a)(5)''.
(b) Presumptive Eligibility for Petitioners for Trade Adjustment
Assistance.--
(1) In general.--Section 35(c) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
paragraph:
``(5) Presumptive status as a taa recipient.--The term
`eligible individual' shall include any individual who is
covered by a petition filed with the Secretary of Labor under
section 221 of the Trade Act of 1974. This paragraph shall
apply to any individual only with respect to months which--
``(A) end after the date that such petition is so
filed, and
``(B) begin before the earlier of--
``(i) the 90th day after the date of filing
of such petition, or
``(ii) the date on which the Secretary of
Labor makes a final determination with respect
to such petition.''.
(2) Conforming amendments.--
(A) Paragraph (1) of section 7527(d) of such Code
is amended by striking ``or an eligible alternative TAA
recipient (as defined in section 35(c)(3))'' and
inserting ``, an eligible alternative TAA recipient (as
defined in section 35(c)(3)), or an individual who is
an eligible individual by reason of section 35(c)(5)''.
(B) Section 173(f)(4) of the Workforce Investment
Act of 1998 (29 U.S.C. 2918(f)(4)) is amended--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period and inserting ``, and'' ; and
(iii) by inserting after subparagraph (C),
the following new subparagraph:
``(D) an individual who is an eligible individual
by reason of section 35(c)(5) of the Internal Revenue
Code of 1986.''.
(c) Clarification of 3-Month Creditable Coverage Requirement.--
(1) In general.--Clause (i) of section 35(e)(2)(B) of the
Internal Revenue Code of 1986 is amended by inserting ``(prior
to the employment separation necessary to attain the status of
an eligible individual)'' after ``9801(c)''.
(2) Conforming amendment.--Section 173(f)(2)(B)(ii)(I) of
the Workforce Investment Act of 1998 (29 U.S.C.
2918(f)(2)(B)(ii)(I)) is amended by inserting ``(prior to the
employment separation necessary to attain the status of an
eligible individual)'' after ``1986''.
(d) Increase in Tax Credit.--Section 35(a) of the Internal Revenue
Code of 1986 is amended by striking ``65 percent'' and inserting ``75
percent''.
(e) Effective Date.--The amendments made by this section shall
apply to months beginning after the date of the enactment of this Act
in taxable years ending after that date.
SEC. 104. ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE.
(a) Eligibility of All Workers; Lower Age Requirement.--Section
246(a)(3) of the Trade Act of 1974 (19 U.S.C. 2318(a)(3)) is amended to
read as follows:
``(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--
``(A) obtains reemployment not more than 26 weeks
after the date of separation from the adversely
affected employment;
``(B) is at least 40 years of age;
``(C) earns not more than $50,000 a year in wages
from reemployment;
``(D) is employed on a full-time basis as defined
by State law in the State in which the worker is
employed; and
``(E) does not return to the employment from which
the worker was separated.''.
(b) Conforming Amendments.--
(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.
(2) Section 246(b)(2) of that Act is amended by striking
``subsection (a)(3)(B)'' and inserting ``subsection (a)(3)''.
(3) Section 35(c)(3)(A) of the Internal Revenue Code of
1986 is amended by striking ``246(a)(3)(B)'' and inserting
``246(a)(3)''.
SEC. 105. TRAINING FUNDS.
(a) Funding for Training.--Section 236(a) of the Trade Act of 1974
(19 U.S.C. 2296(a)) is amended--
(1) in paragraph (1), by striking ``Upon such approval''
and all that follows to the end; and
(2) by amending paragraph (2) to read as follows:
``(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.
``(B) Not later than 6 months after the date of enactment
of the American Competitiveness and Adjustment Act, 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--
``(i) the number of workers enrolled in trade
adjustment assistance;
``(ii) the duration of the assistance;
``(iii) the anticipated training costs for workers;
and
``(iv) any other factors the Secretary deems
appropriate.
``(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.''.
(b) 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--
(1) in subclause (I), by striking ``16th week'' and
inserting ``32nd week''; and
(2) in subclause (II), by striking ``8th week'' and
inserting ``16th week''.
(c) Approved Training Programs.--Section 236(a)(5) of the Trade Act
of 1974 (19 U.S.C. 2296(a)(5)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) entrepreneurial training; and''.
SEC. 106. EFFECTIVE DATE.
Except as provided in section 103(e), the amendments made by this
title take effect on the date that is 60 days after the date of the
enactment of this Act and apply to petitions filed or recertified on or
after that effective date.
TITLE II--DATA COLLECTION
SEC. 201. DATA COLLECTION; STUDY; INFORMATION TO WORKERS.
(a) Data Collection; Evaluations.--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:
``SEC. 250. DATA COLLECTION; EVALUATIONS; REPORTS.
``(a) Data Collection.--The Secretary shall, pursuant to
regulations prescribed by the Secretary, collect any data necessary to
meet the requirements of this chapter.
``(b) Performance Evaluations.--The Secretary shall establish an
effective performance measuring system to evaluate the following:
``(1) Program performance.--A comparison of the trade
adjustment assistance program before and after the effective
date of the Trade Adjustment Assistance Reform Act of 2002 with
respect to--
``(A) the number of workers certified and the
number of workers actually participating in the trade
adjustment assistance program;
``(B) the time for processing petitions;
``(C) the number of training waivers granted;
``(D) the coordination of programs under this
chapter with programs under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.);
``(E) the effectiveness of individual training
providers in providing appropriate information and
training;
``(F) the extent to which States have designed and
implemented health care coverage options under title II
of the Trade Act of 2002, including any difficulties
States have encountered in carrying out the provisions
of title II;
``(G) how Federal, State, and local officials are
implementing the trade adjustment assistance program to
ensure that all eligible individuals receive benefits,
including providing outreach, rapid response, and other
activities; and
``(H) any other data necessary to evaluate how
individual States are implementing the requirements of
this chapter.
``(2) Program participation.--The effectiveness of the
program relating to--
``(A) the number of workers receiving benefits and
the type of benefits being received both before and
after the effective date of the Trade Adjustment
Assistance Reform Act of 2002;
``(B) the number of workers enrolled in, and the
duration of, training by major types of training both
before and after the effective date of the Trade
Adjustment Assistance Reform Act of 2002;
``(C) earnings history of workers that reflects
wages before separation and wages in any job obtained
after receiving benefits under this Act;
``(D) reemployment rates and sectors in which
dislocated workers have been employed;
``(E) the cause of dislocation identified in each
petition that resulted in a certification under this
chapter; and
``(F) the number of petitions filed and workers
certified in each congressional district of the United
States.
``(c) State Participation.--The Secretary shall ensure, to the
extent practicable, through oversight and effective internal control
measures the following:
``(1) State participation.--Participation by each State in
the performance measurement system established under subsection
(b) and shall provide incentives for States to supplement
employment and wage data obtained through the use of
unemployment insurance wage records.
``(2) Monitoring.--Monitoring by each State of internal
control measures with respect to performance measurement data
collected by each State.
``(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)).
``(d) Reports.--
``(1) Reports by the secretary.--
``(A) Initial report.--Not later than 6 months
after the date of enactment of the American
Competitiveness and Adjustment Act, the Secretary shall
submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives a report that--
``(i) describes the performance measurement
system established under subsection (b);
``(ii) includes analysis of data collected
through the system established under subsection
(b); and
``(iii) provides recommendations for
program improvements.
``(B) Annual report.--Not later than 1 year after
the date the report is submitted under subparagraph
(A), 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 release to the public a report that
includes the information collected under clause (ii) of
subparagraph (A).
``(2) State reports.--Pursuant to regulations prescribed by
the Secretary, each State shall submit to the Secretary a
report that details its participation in the programs
established under this chapter, and that contains the data
necessary to allow the Secretary to submit the report required
under paragraph (1).
``(3) Publication.--The Secretary shall make available to
each State, to Congress, and to the public, the data gathered
and evaluated through the performance measurement system
established under subsection (b).''.
(b) Conforming Amendments.--
(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''.
(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''.
(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:
``Sec. 250. Data collection; evaluations; reports.''.
SEC. 202. 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:
``(c) Publication of Determinations.--Upon reaching a determination
on a petition, the Secretary shall--
``(1) promptly publish a summary of the determination in
the Federal Register, together with the Secretary's reasons for
making such determination; and
``(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.''.
SEC. 203. EFFECTIVE DATE.
The amendments made by this title take effect on the date that is
60 days after the date of the enactment of this Act.
TITLE III--INDUSTRY-WIDE CERTIFICATIONS
SEC. 301. NOTIFICATION.
Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended to
read as follows:
``SEC. 224. NOTIFICATIONS REGARDING AFFIRMATIVE DETERMINATIONS AND
SAFEGUARDS.
``(a) Notifications Regarding Chapter 1 Investigations and
Determinations.--Whenever the International Trade Commission (in this
chapter referred to as the `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--
``(1) notify the Secretary of Labor of that finding; and
``(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.
``(b) Notification Regarding Bilateral Safeguards.--The 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:
``(1) Section 421 of the Trade Act of 1974 (19 U.S.C.
2451).
``(2) Section 312 of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act
(19 U.S.C. 3805 note).
``(3) Section 312 of the United States-Oman Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(4) Section 312 of the United States-Australia Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(5) Section 312 of the United States-Morocco Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(6) Section 312 of the United States-Singapore Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(7) Section 312 of the United States-Chile Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(8) Section 302(b) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3352(b)).
``(9) Section 212 of the United States-Jordan Free Trade
Agreement Implementation Act (19 U.S.C. 2112).
``(10) A comparable provision in any other legislation
implementing a free trade agreement between the United States
and one or more other countries.
``(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:
``(1) Section 202 of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act
(19 U.S.C. 3805 note).
``(2) Section 202 of the United States-Australia Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(3) Section 202 of the United States-Morocco Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(4) Section 201(c) of the United States-Chile Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(5) Section 309 of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3358).
``(6) Section 301(a) of the United States-Canada Free Trade
Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).
``(7) Section 404 of the United States-Israel Free Trade
Agreement Implementation Act (19 U.S.C. 2112 note).
``(8) A comparable provision in any other legislation
implementing a free trade agreement between the United States
and one or more other countries.
``(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:
``(1) Section 322 of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act
(19 U.S.C. 3805 note).
``(2) Section 322 of the United States-Oman Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(3) Section 322 of the United States-Australia Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(4) Section 322 of the United States-Morocco Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(5) Section 322 of the United States-Chile Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(6) Section 322 of the United States-Singapore Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(7) A comparable provision in any other legislation
implementing a free trade agreement between the United States
and one or more other countries.
``(e) Antidumping and Countervailing Duties.--Whenever the
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.''.
SEC. 302. OTHER METHODS OF REQUESTING INVESTIGATION.
Section 221 of the Trade Act of 1974 (19 U.S.C. 2271) is amended--
(1) by adding at the end the following:
``(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 Ways and Means of the House of
Representatives or the Committee on Finance of the Senate, the
Secretary shall promptly initiate an investigation under this chapter
to determine the eligibility for adjustment assistance of--
``(1) a group of workers (which may include workers from
more than one facility or employer); or
``(2) all workers in an occupation as that occupation is
defined in the Bureau of Labor Statistics Standard Occupational
Classification System.'';
(2) in subsection (a)(2), by inserting ``or a request or
resolution filed under subsection (c),'' after ``paragraph
(1),''; and
(3) in subsection (a)(3), by inserting ``, request, or
resolution'' after ``petition'' each place it appears.
SEC. 303. 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:
``(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 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.''.
SEC. 304. COORDINATION WITH OTHER TRADE PROVISIONS.
(a) Industry-Wide Certification Based on Global Safeguards.--
(1) Recommendations by itc.--
(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''.
(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''.
(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:
``(1)(A) After receiving a report under section 202(f)
containing an affirmative finding regarding serious injury, or
the threat thereof, to a domestic industry--
``(i) the President shall take all appropriate and
feasible action within his power; and
``(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); and
``(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.''.
(b) Industry-Wide Certification Based on Bilateral Safeguard
Provisions or Antidumping or Countervailing Duty Orders.--
(1) In general.--Subchapter A of chapter 2 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:
``SEC. 224A. INDUSTRY-WIDE CERTIFICATION WHEN BILATERAL SAFEGUARD
PROVISIONS INVOKED OR ANTIDUMPING OR COUNTERVAILING
DUTIES IMPOSED.
``(a) 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.
``(b) Applicable Date.--In this section, the term `applicable date'
means--
``(1) 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);
``(2) the date on which a final determination is made in
the case of a notification under section 224(e); or
``(3) the date on which additional duties are assessed in
the case of a notification under section 224(c).''.
(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:
``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.
``(b) Applicable Date.--In this section, the term `applicable date'
means--
``(1) the date on which the affirmative or positive
determination or finding is made in the case of a notification
under section 224(b);
``(2) the date on which a final determination is made in
the case of a notification under section 224(e); or
``(3) the date on which additional duties are assessed in
the case of a notification under section 224(c).''.
(c) Technical and Conforming Amendments.--The table of contents for
title II of the Trade Act of 1974 is amended--
(1) by striking the item relating to section 224 and
inserting the following:
``Sec. 224. Notifications regarding affirmative determinations and
safeguards.'';
(2) by inserting after the item relating to section 224 the
following:
``Sec. 224A. Industry-wide certification based on bilateral safeguard
provisions invoked or antidumping or
countervailing duties imposed.'';
and
(3) by striking the item relating to section 294 and
inserting the following:
``Sec. 294. Industry-wide certification for agricultural commodity
producers where safeguard provisions
invoked or antidumping or countervailing
duties imposed.''.
SEC. 305. REGULATIONS.
The Secretary of the Treasury, the Secretary of Agriculture, the
Secretary of Labor, and the International Trade Commission may
promulgate such regulations as may be necessary to carry out the
amendments made by this title.
SEC. 306. EFFECTIVE DATE.
The amendments made by this title take effect on the date that is
60 days after the date of the enactment of this Act and apply to
petitions filed or recertified on or after that effective date.
TITLE IV--OFFICE OF TRADE ADJUSTMENT ASSISTANCE
SEC. 401. 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 American Competitiveness and Adjustment Act, 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 V--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
SEC. 501. 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''.
(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.
SEC. 502. 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''.
(b) 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''.
SEC. 503. PETITION PROCESS.
Section 293 of the Trade Act of 1974 (19 U.S.C. 2401c) is amended
by adding at the end the following:
``(d) Addition of Commodity Producers to Petition.--At any time
after a petition is filed under section 292 by a group of agricultural
commodity producers, including after the Secretary issues a
certification of eligibility under subsection (a) to a group of
agricultural producers, any other producer of that agricultural
commodity may elect to join the group of producers who filed the
petition. Any producer who makes an election under the preceding
sentence is eligible for assistance under this chapter to the same
extent as the producers who filed the petition.
``(e) Amendment of Petition.--In any case in which the Secretary
issues a certification of eligibility under subsection (a) pursuant to
a petition filed under section 292, the group of producers of an
agricultural commodity to whom the certification applies may thereafter
amend the petition to modify the countries described in section
292(c)(2) or to modify the heading or subheading under which the
agricultural commodity is classified under the Harmonized Tariff
Schedule of the United States.''.
SEC. 504. AMOUNT OF CASH BENEFITS.
Section 296(b)(1) of the Trade Act of 1974 (19 U.S.C. 2401e(b)(1))
is amended to read as follows:
``(1) In general.--Subject to the provisions of section
298, an adversely affected agricultural commodity producer
described in subsection (a) shall be entitled to adjustment
assistance under this chapter as follows:
``(A) Commodities receiving assistance.--
``(i) In general.--If the agricultural
commodity with respect to which the
certification under this chapter applies is
described in clause (ii), the adversely
affected agricultural commodity producer shall
be entitled to adjustment assistance under this
chapter in an amount equal to the product of--
``(I) one-half of the difference
between--
``(aa) an amount equal to
80 percent of the average of
the national average price of
the agricultural commodity
covered by the application
described in subsection (a) for
the 5 marketing years preceding
the most recent marketing year,
and
``(bb) the national average
price of the agricultural
commodity for the most recent
marketing year, and
``(II) the amount of the
agricultural commodity produced by the
agricultural commodity producer in the
most recent marketing year.
``(ii) Agricultural commodities
described.--An agricultural commodity is
described in this clause if it is--
``(I) a covered commodity for
purposes of section 1103 or 1104 of the
Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7913, 7914);
``(II) a loan commodity for
purposes of section 1202 of that Act (7
U.S.C. 7932); or
``(III) a product eligible for
assistance under subtitle C, D, or E of
title I of that Act, or the amendments
made by any such subtitle.
``(B) Other commodities.--If the agricultural
commodity with respect to which the certification under
this chapter applies is not covered under subparagraph
(A), the adversely affected agricultural commodity
producer shall be entitled to adjustment assistance
under this chapter in an amount equal to the product
of--
``(i) the difference between--
``(I) an amount equal to 80 percent
of the average of the national average
price of the agricultural commodity
covered by the application described in
subsection (a) for the 5 marketing
years preceding the most recent
marketing year, and
``(II) the national average price
of the agricultural commodity for the
most recent marketing year, and
``(ii) the amount of the agricultural
commodity produced by the agricultural
commodity producer in the most recent marketing
year.''.
SEC. 505. EFFECTIVE DATE.
The amendments made by this title apply to petitions filed or
recertified under chapter 6 of title II of the Trade Act of 1974 on or
after January 1, 2007.
TITLE VI--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
SEC. 601. MODIFICATION OF ELIGIBILITY.
Section 251(c) of the Trade Act of 1974 (19 U.S.C. 2341(c)) is
amended--
(1) in paragraph (1)(B)(ii) by striking ``sales or
production, or both, of an article that accounted for not less
than 25 percent of the total production or sales of the firm
during the 12-month period preceding the most recent 12-month
period for which data are available have decreased absolutely''
and inserting ``average monthly sales or production, or both,
during the 60-month period preceding the most recent 12-month
period for which data are available, of an article that
accounted, during such 60-month period, for not less than 25
percent of the total production or sales of the firm, have
decreased absolutely'';
(2) in paragraph (1)(C)--
(A) by striking ``increases of''; and
(B) by striking ``importantly''; and
(3) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) If imports of articles like or directly competitive
with articles which are produced by the firm concerned exceed
65 percent of the market for such articles in the United
States, the Secretary shall give substantially greater weight
to the factors set forth in subparagraphs (A) and (B) of
paragraph (1) than to that set forth in subparagraph (C) of
paragraph (1).''.
TITLE VII--TRADE ADJUSTMENT ASSISTANCE FOR SERVICE WORKERS AND FIRMS
SEC. 701. 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)''.
(b) Group Eligibility Requirements.--Section 222 of the Trade Act
of 1974 (19 U.S.C. 2272) is amended--
(1) in subsection (a)--
(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)'';
(B) in paragraph (1), by inserting ``or public
agency'' after ``of the firm''; and
(C) in paragraph (2)--
(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''; and
(ii) by amending subparagraph (B) (as
amended by section 102(b) of this Act) to read
as follows:
``(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; or
``(ii) such workers' firm, subdivision, or public agency
has obtained or is likely to obtain such services from a
foreign country.'';
(2) in subsection (b)--
(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)'';
(B) in paragraph (2), by inserting ``or service''
after ``related to the article''; and
(C) in paragraph (3)(A), by inserting ``or
services'' after ``component parts'';
(3) in subsection (c)--
(A) in paragraph (3)--
(i) by inserting ``or services'' after
``value-added production processes'';
(ii) by striking ``or finishing'' and
inserting ``, finishing, or testing'';
(iii) by inserting ``or services'' after
``for articles''; and
(iv) by inserting ``(or subdivision)''
after ``such other firm''; and
(B) in paragraph (4)--
(i) by striking ``for articles'' and
inserting ``, or services, used in the
production of articles or in the provision of
services''; and
(ii) by inserting ``(or subdivision)''
after ``such other firm''; and
(4) by adding at the end the following new subsection:
``(d) Basis for Secretary's Determinations.--
``(1) Increased imports of services.--For purposes of
subsection (a)(2)(A)(ii), the Secretary may determine that
increased imports of like or directly competitive 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 services
from a foreign country.
``(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.
``(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.''.
(c) Definitions.--Section 247 of the Trade Act of 1974 (19 U.S.C.
2319) is amended--
(1) in paragraph (1)--
(A) by inserting ``or public agency'' after ``of a
firm''; and
(B) by inserting ``or public agency'' after ``or
subdivision'';
(2) in paragraph (2)(B), by inserting ``or public agency''
after ``the firm'';
(3) by redesignating paragraphs (8) through (17) as
paragraphs (9) through (18), respectively; and
(4) by inserting after paragraph (6) the following:
``(7) The term `public agency' means a department or agency
of a State or local government or of the Federal Government.
``(8) The term `service sector firm' means an entity
engaged in the business of providing services.''.
(d) Technical Amendment.--Section 245(a) of the Trade Act of 1974
(19 U.S.C. 2317(a)) is amended by striking ``, other than subchapter
D''.
SEC. 702. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS AND INDUSTRIES.
(a) Firms.--
(1) Assistance.--Section 251 of the Trade Act of 1974 (19
U.S.C. 2341) is amended--
(A) in subsection (a), by inserting ``or service
sector firm'' after ``(including any agricultural
firm'';
(B) in subsection (c)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or service sector firm''
after ``any agricultural firm'';
(ii) in subparagraph (B)(ii), by inserting
``or service'' after ``of an article''; and
(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''; and
(C) by adding at the end the following:
``(e) Basis for Secretary Determination.--
``(1) Increased imports of services.--For purposes of
subsection (c)(1)(C), the Secretary may determine that
increases of imports of like or directly competitive 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 services from a foreign country.
``(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.''.
(2) Definition.--Section 261 of the Trade Act of 1974 (19
U.S.C. 2351) is amended--
(A) by striking ``For purposes of'' and inserting
``(a) Firm.--For purposes of''; and
(B) by adding at the end the following:
``(b) Service Sector Firm.--For purposes of this chapter, the term
`service sector firm' means a firm engaged in the business of providing
services.''.
(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''.
(c) Technical Amendments.--
(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.
(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''.
SEC. 703. MONITORING AND REPORTING.
Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended--
(1) in the first sentence--
(A) by striking ``The Secretary'' and inserting
``(a) Monitoring Programs.--The Secretary'';
(B) by inserting ``and services'' after ``imports
of articles'';
(C) by inserting ``and domestic provision of
services'' after ``domestic production'';
(D) by inserting ``or providing services'' after
``producing articles''; and
(E) by inserting ``, or provision of services,''
after ``changes in production''; and
(2) by adding at the end the following:
``(b) Collection of Data and Reports on Services Sector.--
``(1) Secretary of labor.--Not later than 3 months after
the date of the enactment of the American Competitiveness and
Adjustment Act, 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.
``(2) Secretary of commerce.--Not later than 6 months 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.''.
SEC. 704. EFFECTIVE DATE.
Except as provided in subsection (b), the amendments made by this
title shall take effect on the date that is 60 days after the date of
the enactment of this Act.
TITLE VIII--AUTHORIZATION OF APPROPRIATIONS
SEC. 801. AUTHORIZATION OF APPROPRIATIONS FOR TRADE ADJUSTMENT
ASSISTANCE.
(a) Workers.--Section 245(a) of the Trade Act of 1974 (19 U.S.C.
2317(a)) is amended by striking ``2007'' and inserting ``2012''.
(b) Firms.--Section 256(b) of such Act (19 U.S.C. 2346(b)) is
amended by striking ``$16,000,000 for each of fiscal years 2003 through
2007'' and inserting ``$50,000,000 for each of fiscal years 2008
through 2012''.
(c) Farmers.--Section 298(a) of such Act (19 U.S.C. 2401g(a)) is
amended by striking ``2007'' and inserting ``2012''.
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