II 

109TH CONGRESS 

1ST SESSION S. 1309 

To amend the Trade Act of 1974 to extend the trade adjustment assistance 

program to the services sector, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2005 

Mr. BAUCUS (for himself, Mr. COLEMAN, and Mr. WYDEN) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL

To amend the Trade Act of 1974 to extend the trade adjustment assistance program to the services sector, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trade Adjustment As5 sistance Equity for Service Workers Act of 2005’’. 

6 SEC. 2. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE 

7 TO SERVICES SECTOR. 

8 (a) ADJUSTMENT ASSISTANCE FOR WORKERS.—Sec9 tion 221(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 

10 2271(a)(1)(A)) is amended by striking ‘‘firm)’’ and insert-
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1 ing ‘‘firm, and workers in a service sector firm or subdivi2 sion of a service sector firm or public agency)’’. 

3 (b) GROUP ELIGIBILITY REQUIREMENTS.—Section 

4 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amend5 ed— 

6 (1) in subsection (a)— 

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘agricultural firm)’’ and inserting 

9 ‘‘agricultural firm, and workers in a service sec10 tor firm or subdivision of a service sector firm 

11 or public agency)’’; 

12 (B) in paragraph (1), by inserting ‘‘or 

13 public agency’’ after ‘‘of the firm’’; and 

14 (C) in paragraph (2)— 

15 (i) in subparagraph (A)(ii), by strik16 ing ‘‘like or directly competitive with arti17 cles produced’’ and inserting ‘‘or services 

18 like or directly competitive with articles 

19 produced or services provided’’; 

20 (ii) by striking subparagraph (B) and 

21 inserting the following: 

22 ‘‘(B)(i) there has been a shift, by such 

23 workers’ firm, subdivision, or public agency to 

24 a foreign country, of production of articles, or 

25 in provision of services, like or directly competi-
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1 tive with articles which are produced, or serv2 ices which are provided, by such firm, subdivi3 sion, or public agency; or 

4 ‘‘(ii) such workers’ firm, subdivision, or 

5 public agency has obtained or is likely to obtain 

6 such services from a foreign country.’’; 

7 (2) in subsection (b)— 

8 (A) in the matter preceding paragraph (1), 

9 by striking ‘‘agricultural firm)’’ and inserting 

10 ‘‘agricultural firm, and workers in a service sec11 tor firm or subdivision of a service sector firm 

12 or public agency)’’; 

13 (B) in paragraph (2), by inserting ‘‘or 

14 service’’ after ‘‘related to the article’’; and 

15 (C) in paragraph (3)(A), by inserting ‘‘or 

16 services’’ after ‘‘component parts’’; 

17 (3) in subsection (c)— 

18 (A) in paragraph (3)— 

19 (i) by inserting ‘‘or services’’ after 

20 ‘‘value-added production processes’’; 

21 (ii) by striking ‘‘or finishing’’ and in22 serting ‘‘, finishing, or testing’’; 

23 (iii) by inserting ‘‘or services’’ after 

24 ‘‘for articles’’; and 
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1 (iv) by inserting ‘‘(or subdivision)’’ 

2 after ‘‘such other firm’’; and 

3 (B) in paragraph (4)— 

4 (i) by striking ‘‘for articles’’ and in5 serting ‘‘, or services, used in the produc6 tion of articles or in the provision of serv7 ices’’; and 

8 (ii) by inserting ‘‘(or subdivision)’’ 

9 after ‘‘such other firm’’; and 

10 (4) by adding at the end the following new sub11 section: 

12 ‘‘(d) BASIS FOR SECRETARY’S DETERMINATIONS.— 

13 ‘‘(1) INCREASED IMPORTS.—For purposes of 

14 subsection (a)(2)(A)(ii), the Secretary may deter15 mine that increased imports of like or directly com16 petitive articles or services exist if the workers’ firm 

17 or subdivision or customers of the workers’ firm or 

18 subdivision accounting for not less than 20 percent 

19 of the sales of the workers’ firm or subdivision cer20 tify to the Secretary that they are obtaining such ar21 ticles or services from a foreign country. 

22 ‘‘(2) OBTAINING SERVICES ABROAD.—For pur23 poses of subsection (a)(2)(B)(ii), the Secretary may 

24 determine that the workers’ firm, subdivision, or 

25 public agency has obtained or is likely to obtain like 
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1 or directly competitive services from a foreign coun2 try based on a certification thereof from the work3 ers’ firm, subdivision, or public agency. 

4 ‘‘(3) AUTHORITY OF THE SECRETARY.—The 

5 Secretary may obtain the certifications under para6 graphs (1) and (2) through questionnaires or in 

7 such other manner as the Secretary determines is 

8 appropriate.’’. 

9 (c) TRAINING.—Section 236(a)(2)(A) of the Trade 

10 Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by 

11 striking ‘‘$220,000,000’’ and inserting ‘‘$440,000,000’’. 

12 (d) DEFINITIONS.—Section 247 of the Trade Act of 

13 1974 (19 U.S.C. 2319) is amended— 

14 (1) in paragraph (1)— 

15 (A) by inserting ‘‘or public agency’’ after 

16 ‘‘of a firm’’; and 

17 (B) by inserting ‘‘or public agency’’ after 

18 ‘‘or subdivision’’; 

19 (2) in paragraph (2)(B), by inserting ‘‘or public 

20 agency’’ after ‘‘the firm’’; 

21 (3) by redesignating paragraphs (8) through 

22 (17) as paragraphs (9) through (18), respectively; 

23 and 

24 (4) by inserting after paragraph (6) the fol25 lowing: 
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1 ‘‘(7) The term ‘public agency’ means a depart2 ment or agency of a State or local government or of 

3 the Federal Government. 

4 ‘‘(8) The term ‘service sector firm’ means an 

5 entity engaged in the business of providing serv6 ices.’’. 

7 (e) TECHNICAL AMENDMENT.—Section 245(a) of the 

8 Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by 

9 striking ‘‘, other than subchapter D’’. 

10 SEC. 3. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS AND 

11 INDUSTRIES. 

12 (a) FIRMS.— 

13 (1) ASSISTANCE.—Section 251 of the Trade 

14 Act of 1974 (19 U.S.C. 2341) is amended— 

15 (A) in subsection (a), by inserting ‘‘or 

16 service sector firm’’ after ‘‘(including any agri17 cultural firm’’; 

18 (B) in subsection (c)(1)— 

19 (i) in the matter preceding subpara20 graph (A), by inserting ‘‘or service sector 

21 firm’’ after ‘‘any agricultural firm’’; 

22 (ii) in subparagraph (B)(ii), by insert23 ing ‘‘or service’’ after ‘‘of an article’’; and 

24 (iii) in subparagraph (C), by striking 

25 ‘‘articles like or directly competitive with 
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1 articles which are produced’’ and inserting 

2 ‘‘articles or services like or directly com3 petitive with articles or services which are 

4 produced or provided’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(e) BASIS FOR SECRETARY DETERMINATION.— 

7 ‘‘(1) INCREASED IMPORTS.—For purposes of 

8 subsection (c)(1)(C), the Secretary may determine 

9 that increases of imports of like or directly competi10 tive articles or services exist if customers accounting 

11 for not less than 20 percent of the sales of the work12 ers’ firm certify to the Secretary that they are ob13 taining such articles or services from a foreign coun14 try. 

15 ‘‘(2) AUTHORITY OF THE SECRETARY.—The 

16 Secretary may obtain the certifications under para17 graph (1) through questionnaires or in such other 

18 manner as the Secretary determines is appropriate. 

19 The Secretary may exercise the authority under sec20 tion 249 in carrying out this subsection.’’. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.—

22 Section 256(b) of the Trade Act of 1974 (19 U.S.C. 

23 2346(b)) is amended by striking ‘‘$16,000,000’’ and 

24 inserting ‘‘$32,000,000’’. 
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1 (3) DEFINITION.—Section 261 of the Trade 

2 Act of 1974 (19 U.S.C. 2351) is amended— 

3 (A) by striking ‘‘For purposes of’’ and in4 serting ‘‘(a) FIRM.—For purposes of’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(b) SERVICE SECTOR FIRM.—For purposes of this 

7 chapter, the term ‘service sector firm’ means a firm en8 gaged in the business of providing services.’’. 

9 (b) INDUSTRIES.—Section 265(a) of the Trade Act 

10 of 1974 (19 U.S.C. 2355(a)) is amended by inserting ‘‘or 

11 service’’ after ‘‘new product’’. 

12 (c) TECHNICAL AMENDMENTS.— 

13 (1) IN GENERAL.—Section 249 of the Trade 

14 Act of 1974 (19 U.S.C. 2321) is amended by strik15 ing ‘‘subpena’’ and inserting ‘‘subpoena’’ each place 

16 it appears in the heading and the text. 

17 (2) TABLE OF CONTENTS.—The table of con18 tents for the Trade Act of 1974 is amended by strik19 ing ‘‘Subpena’’ in the item relating to section 249 

20 and inserting ‘‘Subpoena’’. 

21 SEC. 4. MONITORING AND REPORTING. 

22 Section 282 of the Trade Act of 1974 (19 U.S.C. 

23 2393) is amended— 

24 (1) in the first sentence— 
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1 (A) by striking ‘‘The Secretary’’ and in2 serting ‘‘(a) MONITORING PROGRAMS.—The 

3 Secretary’’; 

4 (B) by inserting ‘‘and services’’ after ‘‘im5 ports of articles’’; 

6 (C) by inserting ‘‘and domestic provision of 

7 services’’ after ‘‘domestic production’’; 

8 (D) by inserting ‘‘or providing services’’ 

9 after ‘‘producing articles’’; and 

10 (E) by inserting ‘‘, or provision of serv11 ices,’’ after ‘‘changes in production’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(b) COLLECTION OF DATA AND REPORTS ON SERV14 ICES SECTOR.— 

15 ‘‘(1) SECRETARY OF LABOR.—Not later than 3 

16 months after the date of the enactment of the Trade 

17 Adjustment Assistance Equity for Service Workers 

18 Act of 2005, the Secretary of Labor shall implement 

19 a system to collect data on adversely affected service 

20 workers that includes the number of workers by 

21 State, industry, and cause of dislocation of each 

22 worker. 

23 ‘‘(2) SECRETARY OF COMMERCE.—Not later 

24 than 6 months after such date of enactment, the 

25 Secretary of Commerce shall, in consultation with 
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1 the Secretary of Labor, conduct a study and report 

2 to the Congress on ways to improve the timeliness 

3 and coverage of data on trade in services, including 

4 methods to identify increased imports due to the re5 location of United States firms to foreign countries, 

6 and increased imports due to United States firms 

7 obtaining services from firms in foreign countries.’’. 

8 SEC. 5. EFFECTIVE DATE. 

9 (a) IN GENERAL.—Except as provided in subsection 

10 (b), the amendments made by this Act shall take effect 

11 on the date that is 60 days after the date of the enactment 

12 of this Act. 

13 (b) SPECIAL RULE FOR CERTAIN SERVICE WORK14 ERS.—A group of workers in a service sector firm, or sub15 division of a service sector firm, or public agency (as de16 fined in section 247 (7) and (8) of the Trade Act of 1974, 

17 as added by section 2(d) of this Act) who— 

18 (1) would have been certified eligible to apply 

19 for adjustment assistance under chapter 2 of title II 

20 of the Trade Act of 1974 if the amendments made 

21 by this Act had been in effect on November 4, 2002, 

22 and 

23 (2) file a petition pursuant to section 221 of 

24 such Act within 6 months after the date of the en25 actment of this Act, shall be eligible for certification 
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1 under section 223 of the Trade Act of 1974 if the 

2 workers’ last total or partial separation from the 

3 firm or subdivision of the firm or public agency oc4 curred on or after November 4, 2002 and before the 

5 date that is 60 days after the date of the enactment 

6 of this Act.

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