II 

110TH CONGRESS 

1ST SESSION S. 122 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. BAUCUS (for himself and Mr. COLEMAN) 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 benefits to 

service sector workers and firms, enhance certain trade 

adjustment assistance authorities, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Trade Adjustment Assistance Improvement Act of 

6 2007’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—TRADE ADJUSTMENT ASSISTANCE FOR SERVICES 

SECTOR 

Sec. 101. Short title. 

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

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

Sec. 104. Monitoring and reporting. 

Sec. 105. Effective date. 

TITLE II—TRADE ADJUSTMENT ASSISTANCE FOR INDUSTRIES 

Sec. 201. Other methods of requesting investigation. 

Sec. 202. Notification. 

Sec. 203. Industry-wide determination. 

Sec. 204. Coordination with other trade provisions. 

Sec. 205. Regulations. 

TITLE III—OTHER TRADE ADJUSTMENT ASSISTANCE MATTERS 

Subtitle A—Trade Adjustment Assistance 

Sec. 301. Calculation of separation tolled during litigation. 

Sec. 302. Establishment of Trade Adjustment Assistance Advisor. 

Sec. 303. Office of Trade Adjustment Assistance. 

Sec. 304. Certification of submissions. 

Sec. 305. Wage insurance. 

Sec. 306. Training. 

Sec. 307. Funding for administrative costs. 

Sec. 308. Authorization of appropriations. 

Subtitle B—Data Collection 

Sec. 311. Short title. 

Sec. 312. Data collection; information to workers. 

Sec. 313. Determinations by the Secretary of Labor. 

Subtitle C—Trade Adjustment Assistance for Farmers 

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

Sec. 322. Eligibility. 

1 TITLE I—TRADE ADJUSTMENT 

2 ASSISTANCE FOR SERVICES 

3 SECTOR 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Trade Adjustment As6 sistance Equity for Service Workers Act of 2007’’. 


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1 SEC. 102. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE 

2 TO SERVICES SECTOR. 

3 (a) ADJUSTMENT ASSISTANCE FOR WORKERS.—Sec4 tion 221(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 

5 2271(a)(1)(A)) is amended by striking ‘‘firm)’’ and insert6 ing ‘‘firm, and workers in a service sector firm or subdivi7 sion of a service sector firm, or public agency)’’. 

8 (b) GROUP ELIGIBILITY REQUIREMENTS; SERVICE

9 WORKERS; SHIFTS IN PRODUCTION.—Section 222 of the 

10 Trade Act of 1974 (19 U.S.C. 2272) is amended— 

11 (1) in subsection (a)— 

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

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

14 ‘‘agricultural firm, and workers in a service sec15 tor firm or subdivision of a service sector firm, 

16 or public agency)’’; 

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

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

19 (C) in paragraph (2)— 

20 (i) in subparagraph (A)(ii), by strik21 ing ‘‘like or directly competitive with arti22 cles produced’’ and inserting ‘‘or services 

23 like or directly competitive with articles 

24 produced or services provided’’; 

25 (ii) by striking subparagraph (B) and 

26 inserting the following: 


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

2 workers’ firm, subdivision, or public agency to 

3 a foreign country, of production of articles, or 

4 in provision of services, like or directly competi5 tive with articles which are produced, or serv6 ices which are provided by such firm, subdivi7 sion, or public agency; or 

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

9 public agency has obtained or is likely to obtain 

10 such services from a foreign country.’’; 

11 (2) in subsection (b)— 

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

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

14 ‘‘agricultural firm, and workers in a service sec15 tor firm or subdivision of a service sector firm, 

16 or public agency)’’; 

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

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

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

20 services’’ after ‘‘component parts’’; 

21 (3) in subsection (c)— 

22 (A) in paragraph (3)— 

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

24 ‘‘value-added production processes’’; 


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1 (ii) by striking ‘‘or finishing’’ and in2 serting ‘‘, finishing, or testing’’; 

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

4 ‘‘for articles’’; 

5 (iv) by inserting ‘‘(or subdivision)’’ 

6 after ‘‘such other firm’’; and 

7 (v) by striking ‘‘, if the certification of 

8 eligibility’’ and all that follows to the end 

9 period; and 

10 (B) in paragraph (4)— 

11 (i) by striking ‘‘for articles’’ and in12 serting ‘‘, or services, used in the produc13 tion of articles or in the provision of serv14 ices’’; and 

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

16 after ‘‘such other firm’’; and 

17 (4) by adding at the end the following new sub18 section: 

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

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

21 subsection (a)(2)(A)(ii), the Secretary may deter22 mine that increased imports of like or directly com23 petitive articles or services exist if the workers’ firm 

24 or subdivision or customers of the workers’ firm or 

25 subdivision accounting for not less than 20 percent 


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1 of the sales of the workers’ firm or subdivision cer2 tify to the Secretary that they are obtaining such ar3 ticles or services from a foreign country. 

4 ‘‘(2) OBTAINING SERVICES ABROAD.—For pur5 poses of subsection (a)(2)(B)(ii), the Secretary may 

6 determine that the workers’ firm, subdivision, or 

7 public agency has obtained or is likely to obtain like 

8 or directly competitive services from a foreign coun9 try based on a certification thereof from the work10 ers’ firm, subdivision, or public agency. 

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

12 Secretary may obtain the certifications under para13 graphs (1) and (2) through questionnaires or in 

14 such other manner as the Secretary determines is 

15 appropriate.’’. 

16 (c) DEFINITIONS.—Section 247 of the Trade Act of 

17 1974 (19 U.S.C. 2319) is amended— 

18 (1) in paragraph (1)— 

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

20 ‘‘of a firm’’; and 

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

22 ‘‘or subdivision’’; 

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

24 agency’’ after ‘‘the firm’’; 


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1 (3) by redesignating paragraphs (8) through 

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

3 and 

4 (4) by inserting after paragraph (6) the fol5 lowing: 

6 ‘‘(7) The term ‘public agency’ means a depart7 ment or agency of a State or local government or of 

8 the Federal Government. 

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

10 entity engaged in the business of providing serv11 ices.’’. 

12 SEC. 103. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS 

13 AND INDUSTRIES. 

14 (a) FIRMS.— 

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

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

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

18 service sector firm’’ after ‘‘(including any agri19 cultural firm’’; 

20 (B) in subsection (c)(1)— 

21 (i) in the matter preceding subpara22 graph (A), by inserting ‘‘or service sector 

23 firm’’ after ‘‘any agricultural firm’’; 

24 (ii) in subparagraph (B)(ii), by insert25 ing ‘‘or service’’ after ‘‘of an article’’; and 


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

2 ‘‘articles like or directly competitive with 

3 articles which are produced’’ and inserting 

4 ‘‘articles or services like or directly com5 petitive with articles or services which are 

6 produced or provided’’; and 

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

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

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

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

11 that increases of imports of like or directly competi12 tive articles or services exist if customers accounting 

13 for not less than 20 percent of the sales of the work14 ers’ firm certify to the Secretary that they are ob15 taining such articles or services from a foreign coun16 try. 

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

18 Secretary may obtain the certifications under para19 graph (1) through questionnaires or in such other 

20 manner as the Secretary determines is appropriate. 

21 The Secretary may exercise the authority under sec22 tion 249 in carrying out this subsection.’’. 

23 (2) DEFINITION.—Section 261 of the Trade 

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


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1 (A) by striking ‘‘For purposes of’’ and in2 serting ‘‘(a) FIRM.—For purposes of’’; and 

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

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

5 chapter, the term ‘service sector firm’ means a firm en6 gaged in the business of providing services.’’. 

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

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

9 service’’ after ‘‘new product’’. 

10 (c) TECHNICAL AMENDMENTS.— 

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

12 Act of 1974 (19 U.S.C. 2321) is amended by strik13 ing ‘‘subpena’’ and inserting ‘‘subpoena’’ each place 

14 it appears in the heading and the text. 

15 (2) TABLE OF CONTENTS.—The table of con16 tents for the Trade Act of 1974 is amended by strik17 ing ‘‘Subpena’’ in the item relating to section 249 

18 and inserting ‘‘Subpoena’’. 

19 SEC. 104. MONITORING AND REPORTING. 

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

21 2393) is amended— 

22 (1) in the first sentence— 

23 (A) by striking ‘‘The Secretary’’ and in24 serting ‘‘(a) MONITORING PROGRAMS.—The 

25 Secretary’’; 


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1 (B) by inserting ‘‘and services’’ after ‘‘im2 ports of articles’’; 

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

4 services’’ after ‘‘domestic production’’; 

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

6 after ‘‘producing articles’’; and 

7 (E) by inserting ‘‘, or provision of serv8 ices,’’ after ‘‘changes in production’’; and 

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

10 ‘‘(b) COLLECTION OF DATA AND REPORTS ON SERV11 ICE SECTOR.— 

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

13 months after the date of the enactment of the Trade 

14 Adjustment Assistance Improvement Act of 2007, 

15 the Secretary of Labor shall implement a system to 

16 collect data on adversely affected service workers 

17 that includes the number of workers by State, indus18 try, and cause of dislocation of each worker. 

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

20 than 180 days after such date of enactment, the 

21 Secretary of Commerce shall, in consultation with 

22 the Secretary of Labor, conduct a study and report 

23 to the Congress on ways to improve the timeliness 

24 and coverage of data on trade in services, including 

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1 location of United States firms to foreign countries, 

2 and increased imports due to United States firms 

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

4 SEC. 105. EFFECTIVE DATE. 

5 The amendments made by this title shall take effect 

6 on the date that is 90 days after the date of the enactment 

7 of this Act. 

8 TITLE II—TRADE ADJUSTMENT 

9 ASSISTANCE FOR INDUSTRIES 

10 SEC. 201. OTHER METHODS OF REQUESTING INVESTIGA11 TION. 

12 Section 221 of the Trade Act of 1974 (19 U.S.C. 

13 2271) is amended— 

14 (1) by adding at the end the following: 

15 ‘‘(c) OTHER METHODS OF INITIATING A PETITION.— 

16 Upon the request of the President or the United States 

17 Trade Representative, or the resolution of either the Com18 mittee on Finance of the Senate or the Committee on 

19 Ways and Means of the House of Representatives, the 

20 Secretary shall promptly initiate an investigation under 

21 this chapter to determine the eligibility for adjustment as22 sistance of— 

23 ‘‘(1) a group of workers (which may include 

24 workers from more than one facility or employer); or 


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1 ‘‘(2) all workers in an occupation as that occu2 pation is defined in the Bureau of Labor Statistics 

3 Standard Occupational Classification System.’’; 

4 (2) in subsection (a)(2), by inserting ‘‘or a re5 quest or resolution filed under subsection (c),’’ after 

6 ‘‘paragraph (1),’’; and 

7 (3) in subsection (a)(3), by inserting ‘‘, request, 

8 or resolution’’ after ‘‘petition’’ each place it appears. 

9 SEC. 202. NOTIFICATION. 

10 Section 224 of the Trade Act of 1974 (19 U.S.C. 

11 2274) is amended to read as follows: 

12 ‘‘SEC. 224. NOTIFICATIONS REGARDING AFFIRMATIVE DE13 TERMINATIONS AND SAFEGUARDS. 

14 ‘‘(a) NOTIFICATIONS REGARDING CHAPTER 1 INVES15 TIGATIONS AND DETERMINATIONS.—Whenever the Inter16 national Trade Commission makes a report under section 

17 202(f) containing an affirmative finding regarding serious 

18 injury, or the threat thereof, to a domestic industry, the 

19 Commission shall immediately— 

20 ‘‘(1) notify the Secretary of Labor of that find21 ing; and 

22 ‘‘(2) in the case of a finding with respect to an 

23 agricultural commodity, as defined in section 291, 

24 notify the Secretary of Agriculture of that finding. 


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1 ‘‘(b) NOTIFICATION REGARDING BILATERAL SAFE2 GUARDS.—The International Trade Commission shall im3 mediately notify the Secretary of Labor and, in an inves4 tigation with respect to an agricultural commodity, the 

5 Secretary of Agriculture, whenever the Commission makes 

6 an affirmative determination pursuant to one of the fol7 lowing provisions: 

8 ‘‘(1) Section 421 of the Trade Act of 1974 (19 

9 U.S.C. 2451). 

10 ‘‘(2) Section 312 of the United States-Australia 

11 Free Trade Agreement Implementation Act (19 

12 U.S.C. 3805 note). 

13 ‘‘(3) Section 312 of the United States-Morocco 

14 Free Trade Agreement Implementation Act (19 

15 U.S.C. 3805 note). 

16 ‘‘(4) Section 312 of the United States-Singa17 pore Free Trade Agreement Implementation Act (19 

18 U.S.C. 3805 note). 

19 ‘‘(5) Section 312 of the United States-Chile 

20 Free Trade Agreement Implementation Act (19 

21 U.S.C. 3805 note). 

22 ‘‘(6) Section 302(b) of the North American 

23 Free Trade Agreement Implementation Act (19 

24 U.S.C. 3352(b)). 


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1 ‘‘(7) Section 212 of the United States-Jordan 

2 Free Trade Agreement Implementation Act (19 

3 U.S.C. 2112). 

4 ‘‘(8) Section 312 of the Dominican Republic5 Central America-United States Free Trade Agree6 ment Implementation Act (19 U.S.C. 4062). 

7 ‘‘(9) Section 312 of the United States-Bahrain 

8 Free Trade Agreement Implementation Act (19 

9 U.S.C. 3805 note). 

10 ‘‘(10) Section 312 of the United States-Oman 

11 Free Trade Agreement Implementation Act (19 

12 U.S.C. 3805 note). 

13 ‘‘(c) AGRICULTURAL SAFEGUARDS.—The Commis14 sioner of Customs shall immediately notify the Secretary 

15 of Labor and, in the case of an agricultural commodity, 

16 the Secretary of Agriculture, whenever the Commissioner 

17 of Customs assesses additional duties on a product pursu18 ant to one of the following provisions: 

19 ‘‘(1) Section 202 of the United States-Australia 

20 Free Trade Agreement Implementation Act (19 

21 U.S.C. 3805 note). 

22 ‘‘(2) Section 202 of the United States-Morocco 

23 Free Trade Agreement Implementation Act (19 

24 U.S.C. 3805 note). 


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1 ‘‘(3) Section 201(c) of the United States-Chile 

2 Free Trade Agreement Implementation Act (19 

3 U.S.C. 3805 note). 

4 ‘‘(4) Section 309 of the North American Free 

5 Trade Agreement Implementation Act (19 U.S.C. 

6 3358). 

7 ‘‘(5) Section 301(a) of the United States-Can8 ada Free Trade Agreement Implementation Act of 

9 1988 (19 U.S.C. 2112 note). 

10 ‘‘(6) Section 404 of the United States-Israel 

11 Free Trade Agreement Implementation Act (19 

12 U.S.C. 2112 note). 

13 ‘‘(7) Section 202 of the Dominican Republic14 Central America-United States Free Trade Agree15 ment Implementation Act (19 U.S.C. 4032). 

16 ‘‘(d) TEXTILE SAFEGUARDS.—The President shall 

17 immediately notify the Secretary of Labor whenever the 

18 President makes a positive determination pursuant to one 

19 of the following provisions: 

20 ‘‘(1) Section 322 of the United States-Australia 

21 Free Trade Agreement Implementation Act (19 

22 U.S.C. 3805 note). 

23 ‘‘(2) Section 322 of the United States-Morocco 

24 Free Trade Agreement Implementation Act (19 

25 U.S.C. 3805 note). 


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1 ‘‘(3) Section 322 of the United States-Chile 

2 Free Trade Agreement Implementation Act (19 

3 U.S.C. 3805 note). 

4 ‘‘(4) Section 322 of the United States-Singa5 pore Free Trade Agreement Implementation Act (19 

6 U.S.C. 3805 note). 

7 ‘‘(5) Section 322 of the Dominican Republic8 Central America-United States Free Trade Agree9 ment Implementation Act (19 U.S.C. 4082). 

10 ‘‘(6) Section 322 of the United States-Bahrain 

11 Free Trade Agreement Implementation Act (19 

12 U.S.C. 3805 note). 

13 ‘‘(7) Section 322 of the United States-Oman 

14 Free Trade Agreement Implementation Act (19 

15 U.S.C. 3805 note). 

16 ‘‘(e) ANTIDUMPING AND COUNTERVAILING DU17 TIES.—Whenever the International Trade Commission 

18 makes a final affirmative determination pursuant to sec19 tion 705 or section 735 of the Tariff Act of 1930 (19 

20 U.S.C. 1671d or 1673d), the Commission shall imme21 diately notify the Secretary of Labor and, in the case of 

22 an agricultural commodity, the Secretary of Agriculture, 

23 of that determination.’’. 


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1 SEC. 203. INDUSTRY-WIDE DETERMINATION. 

2 Section 223 of the Trade Act of 1974 (19 U.S.C. 

3 2273) is amended by adding at the end the following: 

4 ‘‘(e) INVESTIGATION REGARDING INDUSTRY-WIDE

5 CERTIFICATION.—If the Secretary receives a request or 

6 a resolution under section 221(c) on behalf of workers in 

7 a domestic industry or occupation (described in section 

8 221(c)(2)) or receives 3 or more petitions under section 

9 221(a) within a 180-day period on behalf of groups of 

10 workers in a domestic industry or occupation, the Sec11 retary shall make an industry-wide determination under 

12 subsection (a) of this section with respect to the domestic 

13 industry or occupation in which the workers are or were 

14 employed. If the Secretary does not make a determination 

15 and issue a certification under the preceding sentence, the 

16 Secretary shall make a determination of eligibility under 

17 subsection (a) with respect to each group of workers in 

18 that domestic industry or occupation from which a petition 

19 was received.’’. 

20 SEC. 204. COORDINATION WITH OTHER TRADE PROVI21 SIONS. 

22 (a) INDUSTRY-WIDE CERTIFICATION BASED ON

23 GLOBAL SAFEGUARDS.— 

24 (1) RECOMMENDATIONS BY ITC.— 

25 (A) Section 202(e)(2)(D) of the Trade Act 

26 of 1974 (19 U.S.C. 2252(e)(2)(D)) is amended 


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1 by striking ‘‘, including the provision of trade 

2 adjustment assistance under chapter 2’’. 

3 (B) Section 203(a)(3)(D) of the Trade Act 

4 of 1974 (19 U.S.C. 2253(a)(3)(D)) is amended 

5 by striking ‘‘, including the provision of trade 

6 adjustment assistance under chapter 2’’. 

7 (2) ASSISTANCE FOR WORKERS.—Section 

8 203(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 

9 2253(a)(1)(A)) is amended to read as follows: 

10 ‘‘(A) After receiving a report under section 

11 202(f) containing an affirmative finding regard12 ing serious injury, or the threat thereof, to a 

13 domestic industry— 

14 ‘‘(i) the President shall take all appro15 priate and feasible action within his power; 

16 and 

17 ‘‘(ii)(I) the Secretary of Labor shall 

18 certify as eligible to apply for adjustment 

19 assistance under section 223 workers em20 ployed in the domestic industry defined by 

21 the Commission if such workers become to22 tally or partially separated, or are threat23 ened to become totally or partially sepa24 rated, not earlier than 1 year before, or 

25 not later than 1 year after, the date on 


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1 which the Commission made its report to 

2 the President under section 202(f); and 

3 ‘‘(II) in the case of a finding with re4 spect to an agricultural commodity as de5 fined in section 291, the Secretary of Agri6 culture shall certify as eligible to apply for 

7 adjustment assistance under section 293 

8 agricultural commodity producers em9 ployed in the domestic production of the 

10 agricultural commodity that is the subject 

11 of the finding during the most recent mar12 keting year.’’. 

13 (b) INDUSTRY-WIDE CERTIFICATION BASED ON BI14 LATERAL SAFEGUARD PROVISIONS OR ANTIDUMPING OR

15 COUNTERVAILING DUTY ORDERS.— 

16 (1) IN GENERAL.—Subchapter A of chapter 1 

17 of title II of the Trade Act of 1974 (19 U.S.C. 2271 

18 et seq.) is amended by inserting after section 224 

19 the following new section: 

20 ‘‘SEC. 224A. INDUSTRY-WIDE CERTIFICATION WHERE BILAT21 ERAL SAFEGUARD PROVISIONS INVOKED OR 

22 ANTIDUMPING OR COUNTERVAILING DUTIES 

23 IMPOSED. 

24 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) MANDATORY CERTIFICATION.—Not later 

2 than 10 days after the date on which the Secretary 

3 of Labor receives a notification with respect to the 

4 imposition of a trade remedy, safeguard determina5 tion, or antidumping or countervailing duty deter6 mination under section 224 (a), (b), (c), (d), or (e), 

7 the Secretary shall certify as eligible for trade ad8 justment assistance under section 223(a) workers 

9 employed in the domestic production of the article 

10 that is the subject of the trade remedy, safeguard 

11 determination, or antidumping or countervailing 

12 duty determination, as the case may be, if such 

13 workers become totally or partially separated, or are 

14 threatened to become totally or partially separated 

15 not more than 1 year before or not more than 1 year 

16 after the applicable date. 

17 ‘‘(2) APPLICABLE DATE.—In this section, the 

18 term ‘applicable date’ means— 

19 ‘‘(A) the date on which the affirmative or 

20 positive determination or finding is made in the 

21 case of a notification under section 224 (a), (b), 

22 or (d); 

23 ‘‘(B) the date on which a final determina24 tion is made in the case of a notification under 

25 section 224(e); or 


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1 ‘‘(C) the date on which additional duties 

2 are assessed in the case of a notification under 

3 section 224(c). 

4 ‘‘(b) QUALIFYING REQUIREMENTS FOR WORKERS.— 

5 The provisions of subchapter B shall apply in the case of 

6 a worker covered by a certification under this section or 

7 section 223(e), except as follows: 

8 ‘‘(1) Section 231(a)(5)(A)(ii) shall be applied— 

9 ‘‘(A) by substituting ‘30th week’ for ‘26th 

10 week’ in subclause (I); and 

11 ‘‘(B) by substituting ‘26th week’ for ‘20th 

12 week’ in subclause (II). 

13 ‘‘(2) The provisions of section 236(a)(1) (A) 

14 and (B) shall not apply.’’. 

15 (2) AGRICULTURAL COMMODITY PRODUCERS.— 

16 Chapter 6 of title II of the Trade Act of 1974 (19 

17 U.S.C. 2401 et seq.) is amended by striking section 

18 294 and inserting the following: 

19 ‘‘SEC. 294. INDUSTRY-WIDE CERTIFICATION FOR AGRICUL20 TURAL COMMODITY PRODUCERS WHERE 

21 SAFEGUARD PROVISIONS INVOKED OR ANTI22 DUMPING OR COUNTERVAILING DUTIES IM23 POSED. 

24 ‘‘(a) IN GENERAL.—Not later than 10 days after the 

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1 fication with respect to the imposition of a trade remedy, 

2 safeguard determination, or antidumping or counter3 vailing duty determination under section 224 (b), (c), or 

4 (e), the Secretary shall certify as eligible for trade adjust5 ment assistance under section 293(a) agricultural com6 modity producers employed in the domestic production of 

7 the agricultural commodity that is the subject of the trade 

8 remedy, safeguard determination, or antidumping or coun9 tervailing duty determination, as the case may be, during 

10 the most recent marketing year. 

11 ‘‘(b) APPLICABLE DATE.—In this section, the term 

12 ‘applicable date’ means— 

13 ‘‘(1) the date on which the affirmative or posi14 tive determination or finding is made in the case of 

15 a notification under section 224(b); 

16 ‘‘(2) the date on which a final determination is 

17 made in the case of a notification under section 

18 224(e); or 

19 ‘‘(3) the date on which additional duties are as20 sessed in the case of a notification under section 

21 224(c).’’. 

22 (c) TECHNICAL AMENDMENTS.—The table of con23 tents for title II of the Trade Act of 1974 is amended— 

24 (1) by striking the item relating to section 224 

25 and inserting the following: 

‘‘Sec. 224. Notifications regarding affirmative determinations and safeguards.’’; 


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1 (2) by inserting after the item relating to sec2 tion 224, the following: 

‘‘Sec. 224A. Industry-wide certification based on bilateral safeguard provisions 

invoked or antidumping or countervailing duties imposed.’’; 

3 and 

4 (3) by striking the item relating to section 294, 

5 and inserting the following: 

‘‘Sec. 294. Industry-wide certification for agricultural commodity producers 

where safeguard provisions invoked or antidumping or countervailing duties imposed.’’. 

6 SEC. 205. REGULATIONS. 

7 The Secretary of the Treasury, the Secretaries of Ag8 riculture and Labor, and the International Trade Commis9 sion may promulgate such regulations as may be necessary 

10 to carry out the amendments made by this title. 

11 TITLE III—OTHER TRADE AD12 JUSTMENT ASSISTANCE MAT13 TERS 

14 Subtitle A—Trade Adjustment 

15 Assistance 

16 SEC. 301. CALCULATION OF SEPARATION TOLLED DURING 

17 LITIGATION. 

18 Section 233 of the Trade Act of 1974 (19 U.S.C. 

19 2293) is amended by adding at the end the following: 

20 ‘‘(h) SPECIAL RULE FOR CALCULATING SEPARA21 TION.—Notwithstanding any other provision of this chap22 ter, any period during which a judicial or administrative 


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1 appeal is pending with respect to the denial by the Sec2 retary of a petition under section 223 shall not be counted 

3 for purposes of calculating the period of separation under 

4 subsection (a)(2) and an adversely affected worker that 

5 would otherwise be entitled to a trade readjustment allow6 ance shall not be denied such allowance because of such 

7 appeal.’’. 

8 SEC. 302. ESTABLISHMENT OF TRADE ADJUSTMENT ASSIST9 ANCE ADVISOR. 

10 (a) IN GENERAL.—Subchapter A of chapter 2 of title 

11 II of the Trade Act of 1974 is amended by inserting after 

12 section 221, the following new section: 

13 ‘‘SEC. 221A. ESTABLISHMENT OF TRADE ADJUSTMENT AS14 SISTANCE ADVISOR. 

15 ‘‘(a) IN GENERAL.—There is established in the De16 partment of Labor an office to be known as the ‘Office 

17 of Trade Adjustment Assistance Advisor’ (in this section 

18 referred to as the ‘Office’). The Office shall be headed by 

19 a Director, who shall be responsible for providing assist20 ance and advice to any person or entity described in sec21 tion 221(a)(1) desiring to file a petition for certification 

22 of eligibility under section 221. 

23 ‘‘(b) TECHNICAL ASSISTANCE.—The Director shall 

24 coordinate with each agency responsible for providing ad25 justment assistance under this chapter or chapter 6 (inVerDate Aug 31 2005 03:06 Jan 07, 2007 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S122.IS S122

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1 cluding the Office of Trade Adjustment Assistance estab2 lished under section 255A) and shall provide technical and 

3 legal assistance and advice to enable persons or entities 

4 described in section 221(a)(1) to prepare and file petitions 

5 for certification under section 221.’’. 

6 (b) TECHNICAL AMENDMENT.—The table of contents 

7 for title II of the Trade Act of 1974 is amended by insert8 ing after the item relating to section 221, the following: 

‘‘Sec. 221A. Establishment of Office of Trade Adjustment Assistance Advisor.’’. 

9 SEC. 303. OFFICE OF TRADE ADJUSTMENT ASSISTANCE. 

10 (a) IN GENERAL.—Chapter 3 of title II of the Trade 

11 Act of 1974 (19 U.S.C. 2341 et seq.) is amended by in12 serting after section 255 the following: 

13 ‘‘SEC. 255A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE. 

14 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 

15 the date of the enactment of the Trade Adjustment Assist16 ance Improvement Act of 2007, there shall be established 

17 in the International Trade Administration of the Depart18 ment of Commerce an Office of Trade Adjustment Assist19 ance (in this section referred to as the ‘Office’). 

20 ‘‘(b) FUNCTIONS.—The Office shall assist the Sec21 retary of Commerce in carrying out the Secretary’s re22 sponsibilities under this chapter. 

23 ‘‘(c) PERSONNEL.—The Office shall be headed by a 

24 Director, and shall have such staff as may be necessary 


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1 to carry out the responsibilities of the Secretary of Com2 merce described in this chapter.’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents for the Trade Act of 1974 is amended by inserting 

5 after the item relating to section 255, the following: 

‘‘Sec. 255A. Office of Trade Adjustment Assistance.’’. 

6 SEC. 304. CERTIFICATION OF SUBMISSIONS. 

7 Section 223 of the Trade Act of 1974 (19 U.S.C. 

8 2273), as amended by section 203, is amended by adding 

9 at the end the following: 

10 ‘‘(f) CERTIFICATION OF SUBMISSIONS.—If an em11 ployer submits a petition on behalf of a group of workers 

12 pursuant to section 221(a)(1) or if the Secretary requests 

13 evidence or information from an employer in order to 

14 make a determination under this section, the accuracy and 

15 completeness of any evidence or information submitted by 

16 the employer shall be certified by the employer’s legal 

17 counsel or by an officer of the employer.’’. 

18 SEC. 305. WAGE INSURANCE. 

19 (a) IN GENERAL.—Section 246(a)(3) of the Trade 

20 Act of 1974 (19 U.S.C. 2318(a)(3)) is amended to read 

21 as follows: 

22 ‘‘(3) ELIGIBILITY.—A worker in a group that 

23 the Secretary has certified as eligible to apply for 

24 adjustment assistance under section 223 may elect 


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1 to receive benefits under the alternative trade ad2 justment assistance program if the worker— 

3 ‘‘(A) obtains reemployment not more than 

4 26 weeks after the date of separation from the 

5 adversely affected employment; 

6 ‘‘(B) is at least 40 years of age; 

7 ‘‘(C) earns not more than $50,000 a year 

8 in wages from reemployment; 

9 ‘‘(D) is employed on a full-time basis as 

10 defined by State law in the State in which the 

11 worker is employed; and 

12 ‘‘(E) does not return to the employment 

13 from which the worker was separated.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) Subparagraphs (A) and (B) of section 

16 246(a)(2) of the Trade Act of 1974 (19 U.S.C. 

17 2318(a)(2)) are amended by striking ‘‘paragraph 

18 (3)(B)’’ and inserting ‘‘paragraph (3)’’ each place it 

19 appears. 

20 (2) Section 246(b)(2) of such Act is amended 

21 by striking ‘‘subsection (a)(3)(B)’’ and inserting 

22 ‘‘subsection (a)(3)’’. 

23 (c) EXTENSION.—Section 246(b)(1) of such Act is 

24 amended by striking ‘‘5 years’’ and inserting ‘‘10 years’’. 


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1 SEC. 306. TRAINING. 

2 (a) MODIFICATION OF ENROLLMENT DEADLINES.— 

3 Section 231(a)(5)(A)(ii) of the Trade Act of 1974 (19 

4 U.S.C. 2291(a)(5)(A)(ii)) is amended— 

5 (1) in subclause (I), by striking ‘‘16th week’’ 

6 and inserting ‘‘26th week’’; and 

7 (2) in subclause (II), by striking ‘‘8th week’’ 

8 and inserting ‘‘20th week’’. 

9 (b) EXTENSION OF ALLOWANCE TO ACCOMMODATE

10 TRAINING.—Section 233 of the Trade Act of 1974 (19 

11 U.S.C. 2293), as amended by section 301, is amended by 

12 adding at the end the following: 

13 ‘‘(i) EXTENSION OF ALLOWANCE.—Notwithstanding 

14 any other provision of this section, a trade readjustment 

15 allowance may be paid to a worker for a number of addi16 tional weeks equal to the number of weeks the worker’s 

17 enrollment in training was delayed beyond the deadline ap18 plicable under section 231(a)(5)(A)(ii) pursuant to a waiv19 er granted under section 231(c)(1)(E).’’. 

20 (c) FUNDING FOR TRAINING.—Section 236(a) of the 

21 Trade Act of 1974 (19 U.S.C. 2296(a)) is amended— 

22 (1) in paragraph (1) by striking ‘‘Upon such 

23 approval’’ and all that follows to the end; and 

24 (2) by amending paragraph (2) to read as fol25 lows: 


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1 ‘‘(2)(A) Upon approval of a training program 

2 under paragraph (l), and subject to the limitations 

3 imposed by this section, an adversely affected worker 

4 covered by a certification issued under section 223 

5 shall be eligible to have payment of the costs of that 

6 training, including any costs of an approved training 

7 program incurred by a worker before a certification 

8 was issued under section 223, made on behalf of the 

9 worker by the Secretary directly or through a vouch10 er system. 

11 ‘‘(B) Not later than 6 months after the date of 

12 enactment of the Trade Adjustment Assistance Im13 provement Act of 2007, the Secretary shall develop, 

14 and submit to Congress for approval, a formula that 

15 provides workers with an individual entitlement for 

16 training costs to be administered pursuant to sec17 tions 239 and 240. The formula shall take into ac18 count— 

19 ‘‘(i) the number of workers enrolled in 

20 trade adjustment assistance; 

21 ‘‘(ii) the duration of the assistance; 

22 ‘‘(iii) the anticipated training costs for 

23 workers; and 

24 ‘‘(iv) any other factors the Secretary deems 

25 appropriate. 


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1 ‘‘(C) Until such time as Congress approves the 

2 formula, the total amount of payments that may be 

3 made under subparagraph (A) for any fiscal year 

4 shall not exceed 50 percent of the amount of trade 

5 readjustment allowances paid to workers during that 

6 fiscal year.’’. 

7 (d) APPROVED TRAINING PROGRAMS.— 

8 (1) IN GENERAL.—Section 236(a)(5) of the 

9 Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is 

10 amended— 

11 (A) by striking ‘‘and’’ at the end of sub12 paragraph (E); 

13 (B) by redesignating subparagraph (F) as 

14 subparagraph (H); and 

15 (C) by inserting after subparagraph (E) 

16 the following: 

17 ‘‘(F) integrated workforce training; 

18 ‘‘(G) entrepreneurial training; and’’. 

19 (2) DEFINITION.—Section 247 of the Trade 

20 Act of 1974 (19 U.S.C. 2319), as amended by 

21 102(c), is amended by adding at the end the fol22 lowing: 

23 ‘‘(19) The term ‘integrated workforce training’ 

24 means training that integrates occupational skills 

25 training with English language acquisition.’’. 


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1 SEC. 307. FUNDING FOR ADMINISTRATIVE COSTS. 

2 Section 241 of the Trade Act of 1974 (19 U.S.C. 

3 2313) is amended by adding at the end the following: 

4 ‘‘(d) Funds provided by the Secretary to a State to 

5 cover administrative costs associated with the performance 

6 of a State’s responsibilities under section 239 shall be suf7 ficient to cover all costs of the State associated with oper8 ating the trade adjustment assistance program, including 

9 case worker costs.’’. 

10 SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—Section 245(a) of the Trade Act 

12 of 1974 (19 U.S.C. 2317(a)) is amended by striking 

13 ‘‘2007’’ and inserting ‘‘2012’’. 

14 (b) FIRMS.—Section 256(b) of the Trade Act of 1974 

15 (19 U.S.C. 2346(b)) is amended by inserting ‘‘and 

16 $50,000,000 for each of fiscal years 2008 through 2012,’’ 

17 after ‘‘fiscal years 2003 through 2007,’’. 

18 (c) TERMINATION.—Section 285 of the Trade Act of 

19 1974 (19 U.S.C. 2271 note) is amended by striking 

20 ‘‘2007’’ each place it appears and inserting ‘‘2012’’. 

21 (d) FARMERS.—Section 298(a) of the Trade Act of 

22 1974 (19 U.S.C. 2401g(a)) is amended by striking 

23 ‘‘2007’’ and inserting ‘‘2012’’. 


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1 Subtitle B—Data Collection 

2 SEC. 311. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Trade Adjustment 

4 Assistance Accountability Act’’. 

5 SEC. 312. DATA COLLECTION; INFORMATION TO WORKERS. 

6 (a) DATA COLLECTION.—Subchapter C of chapter 2 

7 of title II of the Trade Act of 1974 is amended by insert8 ing after section 249, the following new section: 

9 ‘‘SEC. 250. DATA COLLECTION; REPORT. 

10 ‘‘(a) DATA COLLECTION.—The Secretary shall, pur11 suant to regulations prescribed by the Secretary, collect 

12 any data necessary to meet the requirements of this chap13 ter. The Secretary shall collect and publish, on an annual 

14 basis, the following: 

15 ‘‘(1) The number of workers certified and the 

16 number of workers actually participating in the 

17 trade adjustment assistance program. 

18 ‘‘(2) The time for processing petitions. 

19 ‘‘(3) The number of training waivers granted. 

20 ‘‘(4) The number of workers receiving benefits 

21 and the type of benefits being received. 

22 ‘‘(5) The number of workers enrolled in, and 

23 the duration of, training by major types of training. 


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1 ‘‘(6) Earnings history of workers that reflects 

2 wages before separation and wages in any job ob3 tained after receiving benefits under this Act. 

4 ‘‘(7) Reemployment rates and sectors in which 

5 dislocated workers have been employed. 

6 ‘‘(8) The cause of dislocation identified in each 

7 petition that resulted in a certification under this 

8 chapter. 

9 ‘‘(9) The number of petitions filed and workers 

10 certified in each congressional district of the United 

11 States. 

12 ‘‘(b) STATE PARTICIPATION.—The Secretary shall 

13 ensure, to the extent practicable, through oversight and 

14 effective internal control measures the following: 

15 ‘‘(1) STATE PARTICIPATION.—Participation by 

16 each State in the collection of data required under 

17 subsection (a) and shall provide incentives for States 

18 to supplement employment and wage data obtained 

19 through the use of unemployment insurance wage 

20 records. 

21 ‘‘(2) MONITORING.—Monitoring by each State 

22 of internal control measures with respect to program 

23 measurement data collected by each State. 

24 ‘‘(3) RESPONSE.—The quality and speed of the 

25 rapid response provided by each State under section 


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1 134(a)(2)(A) of the Workforce Investment Act of 

2 1998 (29 U.S.C. 2864(a)(2)(A)). 

3 ‘‘(c) REPORT.— 

4 ‘‘(1) ANNUAL REPORT.—Not later than 1 year 

5 after the date of enactment of this Act, and annually 

6 thereafter, the Secretary shall submit to the Com7 mittee on Finance of the Senate and the Committee 

8 on Ways and Means of the House of Representatives 

9 and make available to each State and to the public 

10 a report that includes the information collected 

11 under this section.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) COORDINATION.—Section 281 of the Trade 

14 Act of 1974 (19 U.S.C. 2392) is amended by strik15 ing ‘‘Departments of Labor and Commerce’’ and in16 serting ‘‘Departments of Labor, Commerce, and Ag17 riculture’’. 

18 (2) TRADE MONITORING SYSTEM.—Section 282 

19 of the Trade Act of 1974 (19 U.S.C. 2393) is 

20 amended by striking ‘‘The Secretary of Commerce 

21 and the Secretary of Labor’’ and inserting ‘‘The 

22 Secretaries of Commerce, Labor, and Agriculture’’. 

23 (3) TABLE OF CONTENTS.—The table of con24 tents for title II of the Trade Act of 1974 is amendVerDate Aug 31 2005 03:06 Jan 07, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S122.IS S122

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1 ed by inserting after the item relating to section 

2 249, the following new item: 

‘‘Sec. 250. Data collection; report.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date that is 60 days 

5 after the date of enactment of this Act. 

6 SEC. 313. DETERMINATIONS BY THE SECRETARY OF LABOR. 

7 Section 223(c) of the Trade Act of 1974 (19 U.S.C. 

8 2273(c)) is amended to read as follows: 

9 ‘‘(c) PUBLICATION OF DETERMINATIONS.—Upon 

10 reaching a determination on a petition, the Secretary 

11 shall— 

12 ‘‘(1) promptly publish a summary of the deter13 mination in the Federal Register together with the 

14 Secretary’s reasons for making such determination; 

15 and 

16 ‘‘(2) make the full text of the determination 

17 available to the public on the Internet website of the 

18 Department of Labor with full-text searchability.’’. 

19 Subtitle C—Trade Adjustment 

20 Assistance for Farmers 

21 SEC. 321. CLARIFICATION OF MARKETING YEAR AND 

22 OTHER PROVISIONS. 

23 (a) IN GENERAL.—Section 291(5) of the Trade Act 

24 of 1974 (19 U.S.C. 2401(5)) is amended by inserting be25 fore the end period the following: ‘‘, or in the case of an 


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1 agricultural commodity that has no officially designated 

2 marketing year, in a 12-month period for which the peti3 tioner provides written request’’. 

4 (b) FISHERMEN.—Notwithstanding any other provi5 sion of law, for purposes of chapter 2 of title II of the 

6 Trade Act of 1974 (19 U.S.C. 2271 et seq.) fishermen 

7 who harvest wild stock shall be eligible for adjustment as8 sistance to the same extent and in the same manner as 

9 a group of workers under such chapter 2. 

10 SEC. 322. ELIGIBILITY. 

11 (a) IN GENERAL.—Section 292(c)(1) of the Trade 

12 Act of 1974 (19 U.S.C. 2401a(c)(1)) is amended by strik13 ing ‘‘80 percent’’ and inserting ‘‘90 percent’’. 

14 (b) SPECIAL RULE FOR QUALIFIED SUBSEQUENT

15 YEARS.—Paragraph (2) of section 292(d) of the Trade 

16 Act of 1974 (19 U.S.C. 2401A(d)(2)) is amended to read 

17 as follows: 

18 ‘‘(2) imports of articles like or directly competi19 tive with the agricultural commodity, or class of 

20 goods within the agricultural commodity, produced 

21 by the group contributed importantly to the decline 

22 in price determined under subsection (c)(1) without 

23 regard to whether imports of such articles increased 

24 in any year subsequent to the year the group was 

25 first certified.’’. 


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1 (c) NET FARM INCOME.—Section 296(a)(1)(C) of the 

2 Trade Act of 1974 (19 U.S.C. 2401e(a)(1)(C)) is amended 

3 by inserting before the end period the following: ‘‘or the 

4 producer had no positive net farm income for the 2 most 

5 recent consecutive years in which no adjustment assist6 ance was received by the producer under this chapter’’. 

Æ 


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