II 

110TH CONGRESS 

1ST SESSION S. 1848 

To amend the Trade Act of 1974 to address the impact of globalization, 

to reauthorize trade adjustment assistance, to extend trade adjustment 

assistance to service workers, communities, firms, and farmers, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2007 

Mr. BAUCUS (for himself, Ms. SNOWE, Mr. WYDEN, Mr. COLEMAN, Ms. 

STABENOW, Ms. CANTWELL, Mr. SALAZAR, Mrs. MURRAY, Mr. BINGAMAN, Ms. KLOBUCHAR, Mr. LEVIN, and Mr. OBAMA) 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 address the impact 

of globalization, to reauthorize trade adjustment assistance, to extend trade adjustment assistance to service 

workers, communities, firms, and farmers, 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 and Globalization Adjustment Assistance Act of 

6 2007’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—TRADE ADJUSTMENT ASSISTANCE FOR WORKERS 

Subtitle A—Trade Adjustment Assistance for Services Sector; Shifts in 

Production Overseas 

Sec. 101. Extension of trade adjustment assistance to services sector; shifts in 

production. 

Sec. 102. Monitoring and reporting. 

Sec. 103. Effective date. 

Subtitle B—Industry-Wide Trade Adjustment Assistance 

Sec. 111. Other methods of requesting investigation. 

Sec. 112. Notification. 

Sec. 113. Industry-wide determination. 

Sec. 114. Regulations. 

Subtitle C—Training 

Sec. 121. Prerequisite education; approved training programs. 

Sec. 122. Enrollment period; waivers. 

Sec. 123. Temporary employment and on-the-job training accountability. 

Sec. 124. Training funds. 

Subtitle D—Health Coverage Improvement 

Sec. 131. Short title. 

Sec. 132. Improvement of the affordability of the credit. 

Sec. 133. Payment for monthly premiums paid prior to certification of eligibility for credit. 

Sec. 134. TAA recipients not enrolled in training programs eligible for credit. 

Sec. 135. TAA pre-certification period rule for purposes of determining whether 

there is a 63-day lapse in creditable coverage. 

Sec. 136. Continued qualification of family members after certain events. 

Sec. 137. Preservation of State-based ratings laws. 

Sec. 138. Alignment of COBRA coverage with TAA period for TAA-eligible individuals. 

Sec. 139. Addition of coverage through voluntary employees’ beneficiary associations. 

Sec. 140. Notice requirements. 

Sec. 141. Annual report on enhanced TAA benefits. 

Sec. 142. Extension of national emergency grants. 

Subtitle E—Wage Insurance 

Sec. 151. Wage insurance. 

Subtitle F—Other Trade Adjustment Assistance Matters 

Sec. 161. Calculation of eligibility period for allowance to accommodate extended training, allowable breaks in training, litigation, and 

military service. 


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Sec. 162. Job search and relocation allowances. 

Sec. 163. Certification of submissions; transparency. 

Sec. 164. Establishment of the Office of the Ombudsman for the Trade Adjustment Assistance program. 

Sec. 165. Data collection; information to workers. 

Sec. 166. Pilot program for distribution of information to workers. 

Sec. 167. Technical and conforming amendments. 

Sec. 168. Extension of authorization of trade adjustment assistance for workers. 

TITLE II—TRADE ADJUSTMENT ASSISTANCE FOR RURAL AND 

DISTRESSED COMMUNITIES 

Sec. 201. Purpose. 

Sec. 202. Trade Adjustment Assistance for communities. 

Sec. 203. Conforming amendments. 

Sec. 204. Effective date. 

TITLE III—TRADE ADJUSTMENT ASSISTANCE FOR FIRMS 

Sec. 301. Trade adjustment assistance for firms. 

Sec. 302. Extension of authorization of trade adjustment assistance for firms. 

TITLE IV—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS AND 

FISHERMEN 

Sec. 401. Clarification of marketing year. 

Sec. 402. Application to fisherman. 

Sec. 403. Eligibility. 

Sec. 404. Benefits. 

Sec. 405. Audits and reports. 

Sec. 406. Extension of authorization of trade adjustment assistance for farmers. 

1 TITLE I—TRADE ADJUSTMENT 

2 ASSISTANCE FOR WORKERS 

3 Subtitle A—Trade Adjustment As4 sistance for Services Sector; 

5 Shifts in Production Overseas 

6 SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE 

7 TO SERVICES SECTOR; SHIFTS IN PRODUC8 TION. 

9 (a) ADJUSTMENT ASSISTANCE FOR WORKERS.—Sec10 tion 221(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 

11 2271(a)(1)(A)) is amended by striking ‘‘firm)’’ and insertVerDate Aug 31 2005 06:55 Jul 24, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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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; SERVICE

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

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

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’’; and 

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 competiVerDate Aug 31 2005 06:55 Jul 24, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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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, testing, packaging, or 

23 maintenance or transportation services’’; 

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

25 ‘‘for articles’’; 


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

2 after ‘‘such other firm’’; and 

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

4 eligibility’’ and all that follows through 

5 ‘‘Canada or Mexico’’; and 

6 (B) in paragraph (4)— 

7 (i) by striking ‘‘for articles’’ and in8 serting ‘‘, or services, used in the produc9 tion of articles or in the provision of serv10 ices’’; and 

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

12 after ‘‘such other firm’’; and 

13 (4) by adding at the end the following: 

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

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

16 subsection (a)(2)(A)(ii), the Secretary may deter17 mine that increased imports of like or directly com18 petitive articles or services exist if the workers’ firm 

19 or subdivision, or customers of the workers’ firm or 

20 subdivision accounting for not less than 20 percent 

21 of the sales of the workers’ firm or subdivision, cer22 tify to the Secretary that such customers are obtain23 ing such articles or services from a foreign country. 

24 ‘‘(2) OBTAINING SERVICES ABROAD.—For pur25 poses of subsection (a)(2)(B)(ii), the Secretary may 


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1 determine that the workers’ firm, subdivision, or 

2 public agency has obtained or is likely to obtain like 

3 or directly competitive services from a foreign coun4 try based on a certification thereof from the work5 ers’ firm, subdivision, or public agency. 

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

7 Secretary may obtain the certifications under para8 graphs (1) and (2) through questionnaires or in 

9 such other manner as the Secretary determines is 

10 appropriate. 

11 ‘‘(e) ADDITIONAL INFORMATION.—In determining 

12 whether to certify a group of workers under subsection 

13 (a) or (b) pursuant to a petition filed under section 221, 

14 the Secretary should confirm information furnished in the 

15 petition and elicit other relevant information by con16 tacting— 

17 ‘‘(1) officials of firms and unions; 

18 ‘‘(2) employees and any other persons; 

19 ‘‘(3) Federal and State agencies; and 

20 ‘‘(4) public and private organizations.’’. 

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

22 1974 (19 U.S.C. 2319) is amended— 

23 (1) in paragraph (1)— 

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

25 ‘‘of a firm’’; and 


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

2 ‘‘or subdivision’’; 

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

4 agency’’ after ‘‘the firm’’; 

5 (3) by redesignating paragraphs (8) through 

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

7 and 

8 (4) by inserting after paragraph (6) the fol9 lowing: 

10 ‘‘(7) The term ‘public agency’ means a depart11 ment or agency of a State or local government or of 

12 the Federal Government. 

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

14 entity engaged in the business of providing serv15 ices.’’. 

16 SEC. 102. MONITORING AND REPORTING. 

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

18 2393) is amended— 

19 (1) in the first sentence— 

20 (A) by striking ‘‘The Secretary’’ and in21 serting the following: 

22 ‘‘(a) MONITORING PROGRAMS.—The Secretary’’; 

23 (B) by inserting ‘‘and services’’ after ‘‘im24 ports of articles’’; 


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

2 services’’ after ‘‘domestic production’’; 

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

4 after ‘‘producing articles’’; and 

5 (E) by inserting ‘‘, or provision of serv6 ices,’’ after ‘‘changes in production’’; and 

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

8 ‘‘(b) COLLECTION OF DATA AND REPORTS ON SERV9 ICE SECTOR.— 

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

11 90 days after the date of the enactment of the Trade 

12 and Globalization Adjustment Assistance Act of 

13 2007, the Secretary of Labor shall implement a sys14 tem to collect data on adversely affected service 

15 workers that includes the number of workers by 

16 State, industry, and cause of dislocation of each 

17 worker. 

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

19 than 180 days after such date of enactment, the 

20 Secretary of Commerce shall, in consultation with 

21 the Secretary of Labor, conduct a study and report 

22 to Congress on ways to improve the timeliness and 

23 coverage of data on trade in services, including 

24 methods to identify increased imports due to the re25 location of United States firms to foreign countries, 


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1 and increased imports due to United States firms 

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

3 SEC. 103. EFFECTIVE DATE. 

4 The amendments made by this subtitle shall take ef5 fect on the date that is 90 days after the date of the enact6 ment of this Act. 

7 Subtitle B—Industry-Wide Trade 

8 Adjustment Assistance 

9 SEC. 111. OTHER METHODS OF REQUESTING INVESTIGA10 TION. 

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

12 2271) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (2), by inserting ‘‘or a 

15 request or resolution filed under subsection 

16 (c),’’ after ‘‘paragraph (1),’’; and 

17 (B) in paragraph (3), by inserting ‘‘, re18 quest, or resolution’’ after ‘‘petition’’ each place 

19 it appears; and 

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

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

22 Upon the request of the President or the United States 

23 Trade Representative, or the resolution of either the Com24 mittee on Finance of the Senate or the Committee on 

25 Ways and Means of the House of Representatives, the 


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1 Secretary shall promptly initiate an investigation under 

2 this chapter to determine the eligibility for adjustment as3 sistance of— 

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

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

6 ‘‘(2) all workers in an occupation as that occu7 pation is defined in the Bureau of Labor Statistics 

8 Standard Occupational Classification System.’’. 

9 SEC. 112. 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 this Act. 

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

10 Free Trade Agreement Implementation Act (19 

11 U.S.C. 3805 note). 

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

13 Free Trade Agreement Implementation Act (19 

14 U.S.C. 3805 note). 

15 ‘‘(4) Section 312 of the United States-Singa16 pore Free Trade Agreement Implementation Act (19 

17 U.S.C. 3805 note). 

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

19 Free Trade Agreement Implementation Act (19 

20 U.S.C. 3805 note). 

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

22 Free Trade Agreement Implementation Act (19 

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


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

2 Free Trade Area Implementation Act (19 U.S.C. 

3 2112 note). 

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 U.S. Customs and Border Protection of the De15 partment of Homeland Security shall immediately notify 

16 the Secretary of Labor and, in the case of an agricultural 

17 commodity, the Secretary of Agriculture, whenever the 

18 Commissioner assesses additional duties on a product pur19 suant to one of the following provisions: 

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

21 Free Trade Agreement Implementation Act (19 

22 U.S.C. 3805 note). 

23 ‘‘(2) Section 202 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 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 Area Implementation Act of 1985 (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 735 of the Tariff Act of 1930 (19 U.S.C. 

20 1671d and 1673d), the Commission shall immediately no21 tify the Secretary of Labor and, in the case of an agricul22 tural commodity, the Secretary of Agriculture, of that de23 termination.’’. 


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1 SEC. 113. 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) DETERMINATION REGARDING INDUSTRY-WIDE

5 CERTIFICATION.— 

6 ‘‘(1) DETERMINATION.—If the Secretary re7 ceives a request or a resolution under section 221(c) 

8 on behalf of workers in a domestic industry or occu9 pation (described in section 221(c)(2)) or certifies 3 

10 or more petitions under section 221(a) within a 180- 

11 day period on behalf of groups of workers in a do12 mestic industry or occupation, the Secretary shall— 

13 ‘‘(A) make a determination, under sub14 section (a), of the eligibility of all adversely af15 fected workers in that domestic industry or oc16 cupation; or 

17 ‘‘(B) make a determination, under sub18 section (a), of the eligibility of all adversely af19 fected workers in that domestic industry or oc20 cupation who are located in one or more States 

21 or regions of the United States. 

22 ‘‘(2) PUBLICATION.—Upon making a deter23 mination of the eligibility for adjustment assistance 

24 under this chapter of a group of workers or all work25 ers in an industry or occupation under paragraph 

26 (1), the Secretary shall— 


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1 ‘‘(A) notify each State in which the work2 ers are located of the determination; and 

3 ‘‘(B) promptly publish a summary of the 

4 determination, together with a summary of the 

5 basis for the determination, in the Federal Reg6 ister and on the website of the Department of 

7 Labor.’’. 

8 SEC. 114. REGULATIONS. 

9 The Secretary of Labor may promulgate such regula10 tions as may be necessary to carry out the amendments 

11 made by this subtitle. 

12 Subtitle C—Training 

13 SEC. 121. PREREQUISITE EDUCATION; APPROVED TRAIN14 ING PROGRAMS. 

15 (a) IN GENERAL.—Section 236(a)(5) of the Trade 

16 Act of 1974 (19 U.S.C. 2296(a)(5)) is amended— 

17 (1) by redesignating subparagraphs (E) and 

18 (F) as subparagraphs (F) and (G), respectively; 

19 (2) by inserting after subparagraph (D) the fol20 lowing: 

21 ‘‘(E) any program of prerequisite education or 

22 coursework required to enroll in training that may 

23 be approved under this section,’’; 

24 (3) in subparagraph (F)(ii), as redesignated by 

25 paragraph (1), by striking ‘‘and’’ at the end; 


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1 (4) in subparagraph (G), as redesignated by 

2 paragraph (1), by striking the period at the end and 

3 inserting ‘‘, and’’; and 

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

5 ‘‘(H) any training program or coursework at an 

6 accredited institution of higher education (as defined 

7 in section 101(a) of the Higher Education Act of 

8 1965) if there is a reasonable expectation of reem9 ployment upon completion of the training program 

10 or coursework, including a training program or 

11 coursework for the purpose of— 

12 ‘‘(i) obtaining a degree or certification; or 

13 ‘‘(ii) completing a degree or certification 

14 that the worker had previously begun at an ac15 credited institution of higher education.’’. 

16 (b) CONFORMING AMENDMENTS.—Section 233 of the 

17 Trade Act of 1974 (19 U.S.C. 2293) is amended— 

18 (1) in subsection (a)(2), by inserting ‘‘pre19 requisite education or’’ after ‘‘requires a program 

20 of’’; and 

21 (2) in subsection (g), by inserting ‘‘prerequisite 

22 education or’’ after ‘‘includes a program of’’. 

23 SEC. 122. ENROLLMENT PERIOD; WAIVERS. 

24 (a) IN GENERAL.—Section 231 of the Trade Act of 

25 1974 (19 U.S.C. 2291) is amended— 


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1 (1) in subsection (a)(5)(A)(ii)— 

2 (A) in subclause (I), by striking ‘‘16th’’ 

3 and inserting ‘‘26th’’; and 

4 (B) in subclause (II), by striking ‘‘8th’’ 

5 and inserting ‘‘26th’’; and 

6 (2) in subsection (c)(1), by adding at the end 

7 the following: 

8 ‘‘(G) ADVANCED DEGREE OR CERTIFI9 CATION.—The worker possesses a postgraduate 

10 degree from an institution of higher education 

11 (as defined in section 101(a) of the Higher 

12 Education Act of 1965) and there is a reason13 able expectation of reemployment. 

14 ‘‘(H) ADMINISTRATIVE ERROR.—The 

15 worker did not enroll in training before the date 

16 described in subsection (a)(5) as a result of an 

17 administrative error made by a State.’’. 

18 (b) CONFORMING AMENDMENT.—Section 233(b) of 

19 the Trade Act of 1974 (19 U.S.C. 2293(b)) is amended 

20 by striking ‘‘within 210 days after the date of the worker’s 

21 first certification’’ and all that follows through the end 

22 period and inserting ‘‘in accordance with section 

23 231(a)(5).’’. 


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1 SEC. 123. TEMPORARY EMPLOYMENT AND ON-THE-JOB 

2 TRAINING ACCOUNTABILITY. 

3 Section 236(d) of the Trade Act of 1974 (19 U.S.C. 

4 2296(d)) is amended to read as follows: 

5 ‘‘(d) ELIGIBILITY.— 

6 ‘‘(1) IN GENERAL.—A worker may not be deter7 mined to be ineligible or disqualified for unemploy8 ment insurance or benefits under this subchapter— 

9 ‘‘(A) because the worker— 

10 ‘‘(i) is in training approved under sub11 section (a); 

12 ‘‘(ii) left work that was not suitable 

13 employment to enter such training; 

14 ‘‘(iii) left work that the worker en15 gaged in on a temporary basis during a 

16 break in such training or a delay in the 

17 commencement of such training; 

18 ‘‘(iv) left or refused on-the-job train19 ing that was not suitable on-the-job train20 ing; or 

21 ‘‘(v) refused on-the-job training to at22 tend a classroom training course approved 

23 under subsection (a); or 

24 ‘‘(B) because the provisions of State law or 

25 Federal unemployment insurance law relating 

26 to availability for work, active search for work, 


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1 or refusal to accept work apply to a week of 

2 training approved under subsection (a). 

3 ‘‘(2) ELECTION OF TRADE READJUSTMENT AL4 LOWANCE OVER UNEMPLOYMENT INSURANCE.—A 

5 worker may elect to receive benefits under this sub6 chapter instead of receiving unemployment insurance 

7 if— 

8 ‘‘(A) the worker leaves work that the work9 er engaged in on a temporary basis during a 

10 break in training, as described in paragraph 

11 (1)(A)(iii); 

12 ‘‘(B) the worker is eligible for benefits 

13 under this subchapter for which the worker was 

14 eligible before engaging in such work; and 

15 ‘‘(C) the worker is eligible for unemploy16 ment insurance based on leaving such work. 

17 ‘‘(3) SUITABLE ON-THE-JOB TRAINING.—For 

18 purposes of this subsection, the term ‘suitable on19 the-job training’ means on-the-job training— 

20 ‘‘(A) that can reasonably be expected to 

21 lead to suitable employment; 

22 ‘‘(B) that is compatible with the skills of 

23 the worker; 

24 ‘‘(C) that— 


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1 ‘‘(i) involves a curriculum through 

2 which the worker learns the skills nec3 essary for the job for which the worker is 

4 being trained; and 

5 ‘‘(ii) can be measured by benchmarks 

6 that indicate that the worker is learning 

7 such skills; and 

8 ‘‘(D) that is certified by the State as an 

9 on-the-job training program that meets the re10 quirements of subparagraph (C).’’. 

11 SEC. 124. TRAINING FUNDS. 

12 Section 236(a)(2) of the Trade Act of 1974 (19 

13 U.S.C. 2296(a)(2)) is amended to read as follows: 

14 ‘‘(2) TOTAL PAYMENTS; ALLOCATION OF PAY15 MENTS.— 

16 ‘‘(A) TOTAL PAYMENTS FOR FISCAL YEAR

17 2008 AND SUCCEEDING FISCAL YEARS.— 

18 ‘‘(i) FISCAL YEAR 2008.—The total 

19 amount of payments that may be made 

20 under paragraph (1) for fiscal year 2008 

21 shall not exceed $440,000,000. 

22 ‘‘(ii) FISCAL YEAR 2009 AND SUC23 CEEDING FISCAL YEARS.—The following 

24 shall apply to fiscal year 2009 and each 

25 fiscal year thereafter: 


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1 ‘‘(I) IN GENERAL.—The amount 

2 of the total payments that may be 

3 made for a fiscal year shall be 110 

4 percent of the total payments author5 ized to be made for the preceding fis6 cal year, if during the preceding fiscal 

7 year the total amount obligated or ex8 pended by States was equivalent to 90 

9 percent or more of the total payments 

10 authorized to be made for such pre11 ceding fiscal year. 

12 ‘‘(II) EXCEPTION.—The amount 

13 of the total payments that may be 

14 made for a fiscal year shall be 100 

15 percent of the total payments author16 ized to be made for the preceding fis17 cal year, if during the preceding fiscal 

18 year the total amount obligated or ex19 pended by States was equivalent to 

20 less than 90 percent of the total pay21 ments authorized to be made for such 

22 preceding fiscal year. 

23 ‘‘(B) ALLOCATION OF TOTAL PAYMENTS.— 

24 ‘‘(i) PLAN AND RULEMAKING.— 


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1 ‘‘(I) PLAN.—Not later than 90 

2 days after the date of the enactment 

3 of the Trade and Globalization Ad4 justment Assistance Act of 2007, the 

5 Secretary shall submit to Congress a 

6 plan— 

7 ‘‘(aa) for allocating and dis8 bursing payments among States 

9 in a manner that takes into ac10 count— 

11 ‘‘(AA) historic trends in 

12 the number of workers cov13 ered by certifications under 

14 this chapter in each State, 

15 including the most recent 6- 

16 month period for which data 

17 are available; 

18 ‘‘(BB) historic trends 

19 in the number of workers 

20 enrolled in training under 

21 this section in each State, 

22 including the most recent 6- 

23 month period for which data 

24 are available; 


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•S 1848 IS

1 ‘‘(CC) the obligations of 

2 States to make payments 

3 with respect to training 

4 under this section for work5 ers in the following fiscal 

6 year; and 

7 ‘‘(DD) the ability of 

8 States to respond to unan9 ticipated demands for train10 ing under this section; and 

11 ‘‘(bb) for ensuring that 

12 States collect and report accurate 

13 information on the trends, obliga14 tions, and demands described in 

15 subclause (I). 

16 ‘‘(II) RULEMAKING.— 

17 ‘‘(aa) IN GENERAL.—The 

18 Secretary shall prescribe regula19 tions, pursuant to section 553 of 

20 title 5, United States Code, to 

21 carry out the plan required by 

22 subclause (I). 

23 ‘‘(bb) TIMING OF RULE24 MAKING.—The Secretary shall 

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1 making with respect to the regu2 lations required by item (aa) not 

3 earlier than the date that is 90 

4 days after the date on which the 

5 Secretary submits the plan under 

6 subclause (I). 

7 ‘‘(ii) DISTRIBUTION OF REMAINING

8 FUNDS.—If, in any fiscal year, the Sec9 retary does not distribute all of the funds 

10 authorized for payments under subpara11 graph (A), the Secretary shall distribute 

12 the remaining funds in a manner to be de13 termined by the Secretary— 

14 ‘‘(I) to any State that requests 

15 the distribution of such funds and 

16 has— 

17 ‘‘(aa) expended more than 

18 50 percent of the funds already 

19 distributed; or 

20 ‘‘(bb) obligated more than 

21 75 percent of the funds already 

22 distributed; and 

23 ‘‘(II) to any State that the Sec24 retary determines needs additional 

25 funds. 


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1 ‘‘(iii) ALLOCATION OF PAYMENTS IF

2 COSTS ESTIMATED TO EXCEED TOTAL PAY3 MENTS.—If, during a fiscal year, the Sec4 retary estimates that the amount of funds 

5 necessary to pay the costs of training ap6 proved under this section will exceed the 

7 amount of limitations imposed under sub8 paragraph (A), the Secretary shall decide 

9 how the portion of such limitations that 

10 has not been expended at the time of such 

11 estimate is to be apportioned among the 

12 States for the remainder of such fiscal 

13 year. 

14 ‘‘(C) USE OF TRAINING FUNDS FOR CASE15 WORKER SERVICES.—Notwithstanding any 

16 other provision of law, a State may expend not 

17 more than 5 percent of the funds allocated to 

18 the State in a fiscal year for the costs of train19 ing approved under this section to provide serv20 ices related to benefits under this chapter. 

21 ‘‘(D) REPORT.—Not later than 90 days 

22 after the date of the enactment of the Trade 

23 and Globalization Adjustment Assistance Act of 

24 2007, and every 90 days thereafter, the Sec25 retary shall submit to the Committee on FiVerDate Aug 31 2005 06:55 Jul 24, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 nance of the Senate and the Committee on 

2 Ways and Means of the House of Representa3 tives a report on— 

4 ‘‘(i) the allocation among States of 

5 funds for training approved under section 

6 236; 

7 ‘‘(ii) the amount of funds obligated or 

8 expended to provide training under sub9 section (a), including obligations accrued 

10 for the following fiscal year, during the 

11 preceding quarter and cumulatively during 

12 the fiscal year; 

13 ‘‘(iii) the demand for such funds an14 ticipated for any remaining quarters in the 

15 fiscal year; and 

16 ‘‘(iv) the efforts of the Department of 

17 Labor to ensure that each State receives 

18 funds sufficient to provide training ap19 proved under section 236 to all eligible 

20 workers.’’. 

21 Subtitle D—Health Coverage 

22 Improvement 

23 SEC. 131. SHORT TITLE. 

24 This title may be cited as the ‘‘TAA Health Coverage 

25 Improvement Act of 2007’’. 


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1 SEC. 132. IMPROVEMENT OF THE AFFORDABILITY OF THE 

2 CREDIT. 

3 (a) IMPROVEMENT OF AFFORDABILITY.— 

4 (1) IN GENERAL.—Section 35(a) of the Internal 

5 Revenue Code of 1986 (relating to credit for health 

6 insurance costs of eligible individuals) is amended by 

7 striking ‘‘65’’ and inserting ‘‘85’’. 

8 (2) CONFORMING AMENDMENT.—Section 

9 7527(b) of such Code (relating to advance payment 

10 of credit for health insurance costs of eligible indi11 viduals) is amended by striking ‘‘65’’ and inserting 

12 ‘‘85’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section apply to taxable years beginning after Decem15 ber 31, 2007. 

16 SEC. 133. PAYMENT FOR MONTHLY PREMIUMS PAID PRIOR 

17 TO CERTIFICATION OF ELIGIBILITY FOR 

18 CREDIT. 

19 (a) PAYMENT FOR PREMIUMS DUE PRIOR TO CER20 TIFICATION OF ELIGIBILITY FOR THE CREDIT.—Section 

21 7527 of the Internal Revenue Code of 1986 (relating to 

22 advance payment of credit for health insurance costs of 

23 eligible individuals) is amended by adding at the end the 

24 following new subsection: 

25 ‘‘(e) PAYMENT FOR PREMIUMS DUE PRIOR TO

26 ISSUANCE OF CERTIFICATE.—The program established 


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1 under subsection (a) shall provide that the Secretary shall 

2 make 1 or more retroactive payments on behalf of a cer3 tified individual in an aggregate amount equal to 85 per4 cent of the premiums for coverage of the taxpayer and 

5 qualifying family members under qualified health insur6 ance for eligible coverage months (as defined in section 

7 35(b)) occurring prior to the issuance of a qualified health 

8 insurance costs credit eligibility certificate.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this section shall apply to months beginning after the date 

11 of the enactment of this Act in taxable years ending after 

12 such date. 

13 SEC. 134. TAA RECIPIENTS NOT ENROLLED IN TRAINING 

14 PROGRAMS ELIGIBLE FOR CREDIT. 

15 (a) IN GENERAL.—Paragraph (2) of section 35(c) of 

16 the Internal Revenue Code of 1986 (defining eligible TAA 

17 recipient) is amended by inserting ‘‘or (a)(5)’’ after ‘‘sub18 section (a)(3)(B)’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 this section shall apply to months beginning after the date 

21 of the enactment of this Act in taxable years ending after 

22 such date. 


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1 SEC. 135. TAA PRE-CERTIFICATION PERIOD RULE FOR PUR2 POSES OF DETERMINING WHETHER THERE IS 

3 A 63-DAY LAPSE IN CREDITABLE COVERAGE. 

4 (a) IRC AMENDMENT.—Section 9801(c)(2) of the In5 ternal Revenue Code of 1986 (relating to not counting pe6 riods before significant breaks in creditable coverage) is 

7 amended by adding at the end the following new subpara8 graph: 

9 ‘‘(D) TAA-ELIGIBLE INDIVIDUALS.— 

10 ‘‘(i) TAA PRE-CERTIFICATION PERIOD

11 RULE.—In the case of a TAA-eligible indi12 vidual, the period beginning on the date 

13 the individual has a TAA-related loss of 

14 coverage and ending on the date which is 

15 5 days after the date of the notice by the 

16 Secretary (or by any person or entity des17 ignated by the Secretary) that the indi18 vidual is eligible for a qualified health in19 surance costs credit eligibility certificate 

20 for purposes of section 7527 shall not be 

21 taken into account in determining the con22 tinuous period under subparagraph (A). 

23 ‘‘(ii) DEFINITIONS.—The terms ‘TAA24 eligible individual’, and ‘TAA-related loss 

25 of coverage’ have the meanings given such 

26 terms in section 4980B(f)(5)(C)(iv).’’. 


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•S 1848 IS

1 (b) ERISA AMENDMENT.—Section 701(c)(2) of the 

2 Employee Retirement Income Security Act of 1974 (29 

3 U.S.C. 1181(c)(2)) is amended by adding at the end the 

4 following new subparagraph: 

5 ‘‘(C) TAA-ELIGIBLE INDIVIDUALS.— 

6 ‘‘(i) TAA PRE-CERTIFICATION PERIOD

7 RULE.—In the case of a TAA-eligible indi8 vidual, the period beginning on the date 

9 the individual has a TAA-related loss of 

10 coverage and ending on the date that is 5 

11 days after the date of the notice by the 

12 Secretary of the Treasury (or by any per13 son or entity designated by the Secretary 

14 of the Treasury) that the individual is eli15 gible for a qualified health insurance costs 

16 credit eligibility certificate for purposes of 

17 section 7527 of the Internal Revenue Code 

18 of 1986 shall not be taken into account in 

19 determining the continuous period under 

20 subparagraph (A). 

21 ‘‘(ii) DEFINITIONS.—The terms ‘TAA22 eligible individual’, and ‘TAA-related loss 

23 of coverage’ have the meanings given such 

24 terms in section 605(b)(4).’’. 


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•S 1848 IS

1 (c) PHSA AMENDMENT.—Section 2701(c)(2) of the 

2 Public Health Service Act (42 U.S.C. 300gg(c)(2)) is 

3 amended by adding at the end the following new subpara4 graph: 

5 ‘‘(C) TAA-ELIGIBLE INDIVIDUALS.— 

6 ‘‘(i) TAA PRE-CERTIFICATION PERIOD

7 RULE.—In the case of a TAA-eligible indi8 vidual, the period beginning on the date 

9 the individual has a TAA-related loss of 

10 coverage and ending on the date that is 5 

11 days after the date of the notice by the 

12 Secretary of the Treasury (or by any per13 son or entity designated by the Secretary 

14 of the Treasury) that the individual is eli15 gible for a qualified health insurance costs 

16 credit eligibility certificate for purposes of 

17 section 7527 of the Internal Revenue Code 

18 of 1986 shall not be taken into account in 

19 determining the continuous period under 

20 subparagraph (A). 

21 ‘‘(ii) DEFINITIONS.—The terms ‘TAA22 eligible individual’, and ‘TAA-related loss 

23 of coverage’ have the meanings given such 

24 terms in section 2205(b)(4).’’. 


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•S 1848 IS

1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to months beginning after the date 

3 of the enactment of this Act in taxable years ending after 

4 such date. 

5 SEC. 136. CONTINUED QUALIFICATION OF FAMILY MEM6 BERS AFTER CERTAIN EVENTS. 

7 (a) IN GENERAL.—Subsection (g) of section 35 of the 

8 Internal Revenue Code of 1986 is amended by redesig9 nating paragraph (9) as paragraph (10) and inserting 

10 after paragraph (8) the following new paragraph: 

11 ‘‘(9) CONTINUED QUALIFICATION OF FAMILY

12 MEMBERS AFTER CERTAIN EVENTS.— 

13 ‘‘(A) ELIGIBLE INDIVIDUAL BECOMES

14 MEDICARE ELIGIBLE.—In the case of a month 

15 which would be an eligible coverage month with 

16 respect to an eligible individual but for sub17 section (f)(2)(A), such month shall be treated 

18 as an eligible coverage month with respect to 

19 such eligible individual solely for purposes of 

20 determining the amount of the credit under this 

21 section with respect to any qualifying family 

22 member of such individual. 

23 ‘‘(B) DIVORCE.—In the case of a month 

24 which would be an eligible coverage month with 

25 respect to a former spouse of a taxpayer but for 


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•S 1848 IS

1 the finalization of a divorce between the spouse 

2 and the taxpayer that occurs during the period 

3 in which the taxpayer is an eligible individual, 

4 such month shall be treated as an eligible cov5 erage month with respect to such former 

6 spouse. 

7 ‘‘(C) DEATH.—In the case of a month 

8 which occurs after the death of an eligible indi9 vidual and which would be an eligible coverage 

10 month with respect to such eligible individual if 

11 the individual had survived and met any appli12 cable eligibility requirements for the maximum 

13 permissible period, such month shall be treated 

14 as an eligible coverage month with respect to 

15 the spouse of such eligible individual.’’. 

16 (b) CONFORMING AMENDMENT.—Section 173(f) of 

17 the Workforce Investment Act of 1998 (29 U.S.C. 

18 2918(f)) is amended by adding at the end the following: 

19 ‘‘(8) CONTINUED QUALIFICATION OF FAMILY

20 MEMBERS AFTER CERTAIN EVENTS.— 

21 ‘‘(A) ELIGIBLE INDIVIDUAL BECOMES

22 MEDICARE ELIGIBLE.—In the case of a month 

23 which would be an eligible coverage month with 

24 respect to an eligible individual but for para25 graph (7)(B)(i), such month shall be treated as 


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•S 1848 IS

1 an eligible coverage month with respect to such 

2 eligible individual solely for purposes of deter3 mining the amount of the credit under this sec4 tion with respect to any qualifying family mem5 ber of such individual. 

6 ‘‘(B) DIVORCE.—In the case of a month 

7 which would be an eligible coverage month with 

8 respect to a former spouse of a taxpayer but for 

9 the finalization of a divorce between the spouse 

10 and the taxpayer that occurs during the period 

11 in which the taxpayer is an eligible individual, 

12 such month shall be treated as an eligible cov13 erage month with respect to such former 

14 spouse. 

15 ‘‘(C) DEATH.—In the case of a month 

16 which would be an eligible coverage month with 

17 respect to an eligible individual but for the 

18 death of such individual, such month shall be 

19 treated as an eligible coverage month with re20 spect to the spouse of such eligible individual.’’. 

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

22 this section shall apply to months beginning after the date 

23 of the enactment of this Act in taxable years ending after 

24 such date. 


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•S 1848 IS

1 SEC. 137. PRESERVATION OF STATE-BASED RATINGS LAWS. 

2 (a) RATINGS REQUIREMENT.—Subparagraph (A) of 

3 section 35(e)(2) of the Internal Revenue Code of 1986 is 

4 amended by adding at the end the following new clause: 

5 ‘‘(v) RISK RATING.—If risk rating is 

6 used to determine premiums for insurance 

7 provided under any subparagraph of para8 graph (1) to which this subparagraph ap9 plies, the issuer of the insurance meets, 

10 with respect to such insurance, any re11 quirements with respect to risk rating 

12 which are applicable under the laws of the 

13 State in which the insurance is issued to 

14 health insurance coverage provided to em15 ployees by an employer who normally em16 ploys between 2 and 50 employees on a 

17 typical business day.’’. 

18 (b) CONFORMING AMENDMENT.—Section 

19 173(f)(2)(B)(i) of the Workforce Investment Act of 1998 

20 (29 U.S.C. 2918(f)(2)(B)(i)) is amended by adding at the 

21 end the following new subclause: 

22 ‘‘(V) RISK RATING.—If risk rat23 ing is used to determine premiums for 

24 insurance provided under any clause 

25 of subparagraph (A) to which this 

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1 ance meets, with respect to such in2 surance, any requirements with re3 spect to risk rating which are applica4 ble under the laws of the State in 

5 which the insurance is issued to 

6 health insurance coverage provided to 

7 employees by an employer who nor8 mally employs between 2 and 50 em9 ployees on a typical business day.’’. 

10 SEC. 138. ALIGNMENT OF COBRA COVERAGE WITH TAA PE11 RIOD FOR TAA-ELIGIBLE INDIVIDUALS. 

12 (a) INTERNAL REVENUE CODE OF 1986.—Section 

13 4980B(f)(5)(C) of the Internal Revenue Code of 1986 is 

14 amended— 

15 (1) in the subparagraph heading, by inserting 

16 ‘‘AND COVERAGE’’ after ‘‘ELECTION’’; and 

17 (2) in clause (ii)— 

18 (A) in the clause heading, by inserting 

19 ‘‘AND PERIOD’’ after ‘‘COMMENCEMENT’’; and 

20 (B) by adding at the end the following new 

21 sentence: ‘‘In no event shall the maximum pe22 riod required under paragraph (2)(B)(i) with 

23 respect to such continuation coverage be less 

24 than the period during which the individual is 

25 a TAA-eligible individual.’’. 


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•S 1848 IS

1 (b) ERISA.—Section 605(b) of the Employee Retire2 ment Income Security Act of 1974 (29 U.S.C. 1165(b)) 

3 is amended— 

4 (1) in the subsection heading, by inserting 

5 ‘‘AND COVERAGE’’ after ‘‘ELECTION’’; and 

6 (2) in paragraph (2)— 

7 (A) in the paragraph heading, by inserting 

8 ‘‘AND PERIOD’’ after ‘‘COMMENCEMENT’’; and 

9 (B) by adding at the end the following new 

10 sentence: ‘‘In no event shall the maximum pe11 riod required under section 602(2)(A) with re12 spect to such continuation coverage be less than 

13 the period during which the individual is a 

14 TAA-eligible individual.’’. 

15 (c) PUBLIC HEALTH SERVICE ACT.—Section 

16 2205(b) of the Public Health Service Act (42 U.S.C. 

17 300bb–5(b)) is amended— 

18 (1) in the subsection heading, by inserting 

19 ‘‘AND COVERAGE’’ after ‘‘ELECTION’’; and 

20 (2) in paragraph (2)— 

21 (A) in the paragraph heading, by inserting 

22 ‘‘AND PERIOD’’ after ‘‘COMMENCEMENT’’; and 

23 (B) by adding at the end the following new 

24 sentence: ‘‘In no event shall the maximum pe25 riod required under section 2202(2)(A) with reVerDate Aug 31 2005 06:55 Jul 24, 2007 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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•S 1848 IS

1 spect to such continuation coverage be less than 

2 the period during which the individual is a 

3 TAA-eligible individual.’’. 

4 SEC. 139. ADDITION OF COVERAGE THROUGH VOLUNTARY 

5 EMPLOYEES’ BENEFICIARY ASSOCIATIONS. 

6 (a) IN GENERAL.—Paragraph (1) of section 35(e) of 

7 the Internal Revenue Code of 1986 is amended by adding 

8 at the end the following new subparagraph: 

9 ‘‘(K) Coverage under an employee benefit 

10 plan funded by a voluntary employees’ bene11 ficiary association (as defined in section 

12 501(c)(9)) established pursuant to an order of 

13 a bankruptcy court, or by agreement with an 

14 authorized representative, as provided in section 

15 1114 of title 11, United States Code.’’. 

16 (b) CONFORMING AMENDMENT.—Section 

17 173(f)(2)(A) of the Workforce Investment Act of 1998 (29 

18 U.S.C. 2918(f)(2)(A)) is amended by adding at the end 

19 the following new clause: 

20 ‘‘(xi) Coverage under an employee 

21 benefit plan funded by a voluntary employ22 ees’ beneficiary association (as defined in 

23 section 501(c)(9) of the Internal Revenue 

24 Code of 1986) established pursuant to an 

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•S 1848 IS

1 ment with an authorized representative, as 

2 provided in section 1114 of title 11, United 

3 States Code.’’. 

4 SEC. 140. NOTICE REQUIREMENTS. 

5 Section 7527 of the Internal Revenue Code of 1986 

6 (relating to advance payment of credit for health insur7 ance costs of eligible individuals), as amended by this Act, 

8 is amended by adding at the end the following new sub9 section: 

10 ‘‘(f) INCLUSION OF CERTAIN INFORMATION.—The 

11 notice by the Secretary (or by any person or entity des12 ignated by the Secretary) that an individual is eligible for 

13 a qualified health insurance costs credit eligibility certifi14 cate shall include— 

15 ‘‘(1) the name, address, and telephone number 

16 of the State office or offices responsible for deter17 mining that the individual is eligible for such certifi18 cate and for providing the individual with assistance 

19 with enrollment in qualified health insurance (as de20 fined in section 35(e)), 

21 ‘‘(2) a list of the coverage options that are 

22 treated as qualified health insurance (as so defined) 

23 by the State in which the individual resides, and 

24 ‘‘(3) in the case of a TAA-eligible individual (as 

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1 ment informing the individual that the individual 

2 has 63 days from the date that is 5 days after the 

3 date of such notice to enroll in such insurance with4 out a lapse in creditable coverage (as defined in sec5 tion 9801(c)).’’. 

6 SEC. 141. ANNUAL REPORT ON ENHANCED TAA BENEFITS. 

7 Not later than October 1 of each year (beginning in 

8 2007) the Secretary of the Treasury, after consultation 

9 with the Secretary of Labor, shall report to the Committee 

10 on Finance and the Committee on Health, Education, 

11 Labor, and Pensions of the Senate and the Committee on 

12 Ways and Means and the Committee on Education and 

13 Labor of the House of Representatives the following infor14 mation with respect to the most recent taxable year ending 

15 before such date: 

16 (1) The total number of participants utilizing 

17 the health insurance tax credit under section 35 of 

18 the Internal Revenue Code of 1986, including a 

19 measurement of such participants identified— 

20 (A) by State, and 

21 (B) by coverage under COBRA continu22 ation provisions (as defined in section 

23 9832(d)(1) of such Code) and by non-COBRA 

24 coverage (further identified by group and indi25 vidual market). 


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•S 1848 IS

1 (2) The range of monthly health insurance pre2 miums offered and the average and median monthly 

3 health insurance premiums offered to TAA-eligible 

4 individuals (as defined in section 

5 4980B(f)(5)(C)(iv)(II) of such Code) under COBRA 

6 continuation provisions (as defined in section 

7 9832(d)(1) of such Code), State-based continuation 

8 coverage provided under a State law that requires 

9 such coverage, and each category of coverage de10 scribed in section 35(e)(1) of such Code, identified 

11 by State and by the actuarial value of such coverage 

12 and the specific benefits provided and cost-sharing 

13 imposed under such coverage. 

14 (3) The number of States applying for and re15 ceiving national emergency grants under section 

16 173(f) of the Workforce Investment Act of 1998 (29 

17 U.S.C. 2918(f)) and the time necessary for applica18 tion approval of such grants. 

19 (4) The cost of administering the health credit 

20 program under section 35 of such Code, by function, 

21 including the cost of subcontractors. 

22 SEC. 142. EXTENSION OF NATIONAL EMERGENCY GRANTS. 

23 (a) IN GENERAL.—Section 173(f) of the Workforce 

24 Investment Act of 1998 (29 U.S.C. 2918(f)), as amended 

25 by this Act, is amended— 


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•S 1848 IS

1 (1) by striking paragraph (1) and inserting the 

2 following new paragraph: 

3 ‘‘(1) USE OF FUNDS.— 

4 ‘‘(A) HEALTH INSURANCE COVERAGE FOR

5 ELIGIBLE INDIVIDUALS IN ORDER TO OBTAIN

6 QUALIFIED HEALTH INSURANCE THAT HAS

7 GUARANTEED ISSUE AND OTHER CONSUMER

8 PROTECTIONS.—Funds made available to a 

9 State or entity under paragraph (4)(A) of sub10 section (a) shall be used to provide an eligible 

11 individual described in paragraph (4)(C) and 

12 such individual’s qualifying family members 

13 with health insurance coverage for the 3-month 

14 period that immediately precedes the first eligi15 ble coverage month (as defined in section 35(b) 

16 of the Internal Revenue Code of 1986) in which 

17 such eligible individual and such individual’s 

18 qualifying family members are covered by quali19 fied health insurance that meets the require20 ments described in clauses (i) through (v) of 

21 section 35(e)(2)(A) of the Internal Revenue 

22 Code of 1986 (or such longer minimum period 

23 as is necessary in order for such eligible indi24 vidual and such individual’s qualifying family 


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•S 1848 IS

1 members to be covered by qualified health in2 surance that meets such requirements). 

3 ‘‘(B) ADDITIONAL USES.—Funds made 

4 available to a State or entity under paragraph 

5 (4)(A) of subsection (a) may be used by the 

6 State or entity for the following: 

7 ‘‘(i) HEALTH INSURANCE COV8 ERAGE.—To assist an eligible individual 

9 and such individual’s qualifying family 

10 members with enrolling in health insurance 

11 coverage and qualified health insurance or 

12 paying premiums for such coverage or in13 surance. 

14 ‘‘(ii) ADMINISTRATIVE EXPENSES AND

15 START-UP EXPENSES TO ESTABLISH

16 GROUP HEALTH PLAN COVERAGE OPTIONS

17 FOR QUALIFIED HEALTH INSURANCE.—To 

18 pay the administrative expenses related to 

19 the enrollment of eligible individuals and 

20 such individuals’ qualifying family mem21 bers in health insurance coverage and 

22 qualified health insurance, including— 

23 ‘‘(I) eligibility verification activi24 ties; 


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•S 1848 IS

1 ‘‘(II) the notification of eligible 

2 individuals of available health insur3 ance and qualified health insurance 

4 options; 

5 ‘‘(III) processing qualified health 

6 insurance costs credit eligibility cer7 tificates provided for under section 

8 7527 of the Internal Revenue Code of 

9 1986; 

10 ‘‘(IV) providing assistance to eli11 gible individuals in enrolling in health 

12 insurance coverage and qualified 

13 health insurance; 

14 ‘‘(V) the development or installa15 tion of necessary data management 

16 systems; and 

17 ‘‘(VI) any other expenses deter18 mined appropriate by the Secretary, 

19 including start-up costs and on going 

20 administrative expenses, in order for 

21 the State to treat the coverage de22 scribed in subparagraphs (C) through 

23 (H) of section 35(e)(1) of the Internal 

24 Revenue Code of 1986 as qualified 

25 health insurance under that section. 


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•S 1848 IS

1 ‘‘(iii) OUTREACH.—To pay for out2 reach to eligible individuals to inform such 

3 individuals of available health insurance 

4 and qualified health insurance options, in5 cluding outreach consisting of notice to eli6 gible individuals of such options made 

7 available after the date of enactment of 

8 this clause and direct assistance to help 

9 potentially eligible individuals and such in10 dividual’s qualifying family members qual11 ify and remain eligible for the credit estab12 lished under section 35 of the Internal 

13 Revenue Code of 1986 and advance pay14 ment of such credit under section 7527 of 

15 such Code. 

16 ‘‘(iv) BRIDGE FUNDING.—To assist 

17 potentially eligible individuals purchase 

18 qualified health insurance coverage prior to 

19 issuance of a qualified health insurance 

20 costs credit eligibility certificate under sec21 tion 7527 of the Internal Revenue Code of 

22 1986 and commencement of advance pay23 ment, and receipt of expedited payment, 

24 under subsections (a) and (e), respectively, 

25 of that section. 


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1 ‘‘(C) RULE OF CONSTRUCTION.—The in2 clusion of a permitted use under this paragraph 

3 shall not be construed as prohibiting a similar 

4 use of funds permitted under subsection (g).’’; 

5 and 

6 (2) by striking paragraph (2) and inserting the 

7 following new paragraph: 

8 ‘‘(2) QUALIFIED HEALTH INSURANCE.—For 

9 purposes of this subsection and subsection (g), the 

10 term ‘qualified health insurance’ has the meaning 

11 given that term in section 35(e) of the Internal Rev12 enue Code of 1986.’’. 

13 (b) FUNDING.—Section 174(c)(1) of the Workforce 

14 Investment Act of 1998 (29 U.S.C. 2919(c)(1)) is amend15 ed— 

16 (1) in the paragraph heading, by striking ‘‘AU17 THORIZATION AND APPROPRIATION FOR FISCAL

18 YEAR 2002’’ and inserting ‘‘APPROPRIATIONS’’; and 

19 (2) by striking subparagraph (A) and inserting 

20 the following new subparagraph: 

21 ‘‘(A) to carry out subsection (a)(4)(A) of 

22 section 173— 

23 ‘‘(i) $10,000,000 for fiscal year 2002; 

24 and 


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1 ‘‘(ii) $300,000,000 for the period of 

2 fiscal years 2008 through 2010; and’’. 

3 (c) REPORT REGARDING FAILURE TO COMPLY WITH

4 REQUIREMENTS FOR EXPEDITED APPROVAL PROCE5 DURES.—Section 173(f) of the Workforce Investment Act 

6 of 1998 (29 U.S.C. 2918(f)), as amended by section 6, 

7 is amended by adding at the end the following new para8 graph: 

9 ‘‘(9) REPORT FOR FAILURE TO COMPLY WITH

10 REQUIREMENTS FOR EXPEDITED APPROVAL PROCE11 DURES.—If the Secretary fails to make the notifica12 tion required under clause (i) of paragraph (3)(A) 

13 within the 15-day period required under that clause, 

14 or fails to provide the technical assistance required 

15 under clause (ii) of such paragraph within a timely 

16 manner so that a State or entity may submit an ap17 proved application within 2 months of the date on 

18 which the State or entity’s previous application was 

19 disapproved, the Secretary shall submit a report to 

20 Congress explaining such failure.’’. 

21 (d) TECHNICAL AMENDMENT.—Effective as if in22 cluded in the enactment of the Trade Act of 2002 (Public 

23 Law 107–210; 116 Stat. 933), subsection (f) of section 

24 203 of that Act is repealed. 


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1 Subtitle E—Wage Insurance 

2 SEC. 151. WAGE INSURANCE. 

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

4 1974 (19 U.S.C. 2318) is amended— 

5 (1) in the heading, by striking ‘‘ALTERNATIVE

6 TRADE ADJUSTMENT ASSISTANCE FOR OLDER

7 WORKERS’’ and inserting ‘‘WAGE INSURANCE’’; 

8 (2) by striking ‘‘alternative trade adjustment 

9 assistance’’ each place it appears and inserting 

10 ‘‘wage insurance’’; 

11 (3) in subsection (a)— 

12 (A) in paragraph (2)— 

13 (i) in subparagraph (A)— 

14 (I) by striking ‘‘for a period not 

15 to exceed 2 years’’ and inserting ‘‘for 

16 the eligibility period under paragraph 

17 (4)’’; and 

18 (II) by striking ‘‘paragraph 

19 (3)(B)’’ and inserting ‘‘paragraph 

20 (3)’’; and 

21 (ii) in subparagraph (B)— 

22 (I) by striking ‘‘for a period not 

23 to exceed 2 years’’ and inserting ‘‘for 

24 the eligibility period under paragraph 

25 (4)’’; and 


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1 (II) by striking ‘‘paragraph 

2 (3)(B)’’ and inserting ‘‘paragraph 

3 (3)’’; 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(C) TRAINING.—A worker described in 

7 paragraph (3) shall be eligible to receive train8 ing approved under section 236.’’; 

9 (B) by striking paragraphs (3) through (5) 

10 and inserting the following: 

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

12 the Secretary has certified as eligible to apply for 

13 adjustment assistance under section 223 may elect 

14 to receive benefits under the wage insurance pro15 gram if the worker— 

16 ‘‘(A) is at least 40 years of age; 

17 ‘‘(B) does not earn more than $60,000 a 

18 year in wages from reemployment; and 

19 ‘‘(C) does not return to the employment 

20 from which the worker was separated and— 

21 ‘‘(i) obtains reemployment on a full22 time basis as defined by State law in the 

23 State in which the worker is employed; 


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1 ‘‘(ii) obtains reemployment of not less 

2 than 20 hours a week and is enrolled in 

3 training approved under section 236; or 

4 ‘‘(iii) received a trade readjustment 

5 allowance under part I of subchapter B for 

6 less than the total number of weeks for 

7 which the worker was eligible to receive 

8 such allowance under section 233 and ob9 tains reemployment not later than 26 

10 weeks after successfully completing a train11 ing program approved under section 236. 

12 ‘‘(4) ELIGIBILITY PERIOD.— 

13 ‘‘(A) WORKER WHO HAS NOT RECEIVED

14 TRADE ADJUSTMENT ALLOWANCE.—In the case 

15 of a worker described in paragraph (3) who has 

16 not received a trade readjustment allowance 

17 under part I of subchapter B, the worker may 

18 receive wage insurance under this section for a 

19 period not to exceed 2 years from the date that 

20 is the earlier of— 

21 ‘‘(i) the date on which the worker ex22 hausts all rights to unemployment insur23 ance based on the separation of the worker 

24 from adversely affected employment; or 


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1 ‘‘(ii) the date on which the worker ob2 tains reemployment. 

3 ‘‘(B) WORKER WHO HAS RECEIVED TRADE

4 ADJUSTMENT ALLOWANCE.—In the case of a 

5 worker described in paragraph (3) who received 

6 a trade readjustment allowance under part I of 

7 subchapter B, the worker may receive wage in8 surance under this section for a period— 

9 ‘‘(i) beginning on the date on which 

10 the worker obtains reemployment; and 

11 ‘‘(ii) not to exceed— 

12 ‘‘(I) the total number of weeks 

13 for which the worker is eligible for 

14 such allowance, less 

15 ‘‘(II) the total number of weeks 

16 for which the worker received such al17 lowance. 

18 ‘‘(5) TOTAL AMOUNT OF PAYMENTS.—The pay19 ments described in paragraph (2)(A) made to a 

20 worker may not exceed $12,000 per worker during 

21 the eligibility period under paragraph (4). 

22 ‘‘(6) LIMITATION ON TRADE READJUSTMENT

23 ALLOWANCES.—A worker described in paragraph (3) 

24 may not receive a trade readjustment allowance 

25 under part I of subchapter B during any week for 


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1 which the worker receives a payment described in 

2 paragraph (2)(A).’’; and 

3 (4) in subsection (b)(2), by striking ‘‘subsection 

4 (a)(3)(B)’’ and inserting ‘‘subsection (a)(3)’’. 

5 (b) EXTENSION OF PROGRAM.—Section 246(b)(1) of 

6 the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended 

7 by striking ‘‘5’’ and inserting ‘‘10’’. 

8 (c) TECHNICAL AMENDMENT.—The table of contents 

9 for title II of the Trade Act of 1974 is amended by amend10 ing the item relating to section 246 to read as follows: 

‘‘Sec. 246. Demonstration project for wage insurance.’’. 

11 Subtitle F—Other Trade 

12 Adjustment Assistance Matters 

13 SEC. 161. CALCULATION OF ELIGIBILITY PERIOD FOR AL14 LOWANCE TO ACCOMMODATE EXTENDED 

15 TRAINING, ALLOWABLE BREAKS IN TRAIN16 ING, LITIGATION, AND MILITARY SERVICE. 

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

18 2293), as amended by sections 121(b) and 122(b), is fur19 ther amended— 

20 (1) in subsection (f), by striking ‘‘30’’ and in21 serting ‘‘90’’; and 

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

23 ‘‘(h) EXTENSION OF ALLOWANCE.—Notwithstanding 

24 any other provision of this section, a trade readjustment 

25 allowance may be paid to a worker for a period equivalent 


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1 to the period the worker’s enrollment in training was ex2 tended beyond the deadline applicable under section 

3 231(a)(5)(A)(ii) pursuant to a waiver granted under sub4 paragraph (D), (E), or (F) of section 231(c)(1). 

5 ‘‘(i) SPECIAL RULE FOR CALCULATING SEPARA6 TION.—Notwithstanding any other provision of this chap7 ter, any period during which a judicial or administrative 

8 appeal is pending with respect to the denial by the Sec9 retary of a petition under section 223 shall not be counted 

10 for purposes of calculating the period of separation under 

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

12 would otherwise be entitled to a trade readjustment allow13 ance shall not be denied such allowance because of such 

14 appeal. 

15 ‘‘(j) SPECIAL RULE FOR ACTIVE DUTY MILITARY

16 SERVICE.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of this section, an adversely affected work19 er described in paragraph (2) shall be eligible for a 

20 trade readjustment allowance and other benefits 

21 under this subchapter in the same manner and to 

22 the same extent as if a petition that resulted in a 

23 certification under section 223 for that worker was 

24 filed on the date described in paragraph (3). 


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1 ‘‘(2) WORKER DESCRIBED.—A worker described 

2 in this paragraph means a worker who— 

3 ‘‘(A) is a member of a reserve component 

4 of the Armed Forces; and 

5 ‘‘(B) serves on active duty— 

6 ‘‘(i) after the date on which the work7 er became totally separated, or partially 

8 separated, from the adversely affected em9 ployment; and 

10 ‘‘(ii) before the worker completes 

11 training approved under section 236. 

12 ‘‘(3) DATE DESCRIBED.—The date described in 

13 this paragraph is a date that is on or before the 

14 30th day after the worker returns from active duty 

15 or such later date as determined on a case-by-case 

16 basis by the Secretary.’’. 

17 SEC. 162. JOB SEARCH AND RELOCATION ALLOWANCES. 

18 (a) JOB SEARCH ALLOWANCES.—Section 237(b) of 

19 the Trade Act of 1974 (19 U.S.C. 2297(b)) is amended— 

20 (1) in paragraph (1), by striking ‘‘90 percent of 

21 the cost of’’ and inserting ‘‘all’’; and 

22 (2) in paragraph (2), by striking ‘‘$1,250’’ and 

23 inserting ‘‘$1,500’’. 

24 (b) RELOCATION ALLOWANCES.—Section 238(b) of 

25 the Trade Act of 1974 (19 U.S.C. 2298(b)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘90 percent of 

2 the’’ and inserting ‘‘all’’; and 

3 (2) in paragraph (2), by striking ‘‘$1,250’’ and 

4 inserting ‘‘$1,500’’. 

5 SEC. 163. CERTIFICATION OF SUBMISSIONS; TRANS6 PARENCY. 

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

8 2273), as amended by section 113, is further amended by 

9 adding at the end the following: 

10 ‘‘(f) SUBMISSIONS.— 

11 ‘‘(1) CERTIFICATION.—If an employer submits 

12 a petition on behalf of a group of workers pursuant 

13 to section 221(a)(1) or if the Secretary requests evi14 dence or information from an employer in order to 

15 make a determination under this section, the accu16 racy and completeness of any evidence or informa17 tion submitted by the employer shall be certified by 

18 the employer’s legal counsel or by an officer of the 

19 employer. 

20 ‘‘(2) SUBPOENAS.—It is the sense of Congress 

21 that the Secretary should require an employer to 

22 provide evidence or information requested by the 

23 Secretary under paragraph (1) by subpoena pursu24 ant to section 249 if, within 20 days of such request, 

25 the employer does not— 


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1 ‘‘(A) provide such evidence or information; 

2 or 

3 ‘‘(B) demonstrate to the satisfaction of the 

4 Secretary that the employer will provide such 

5 evidence or information within a reasonable 

6 time. 

7 ‘‘(g) STANDARDS FOR INVESTIGATIONS AND DETER8 MINATIONS.— 

9 ‘‘(1) PLAN.—Not later than 90 days after the 

10 date of the enactment of the Trade and 

11 Globalization Adjustment Assistance Act of 2007, 

12 the Secretary shall submit to Congress a plan for es13 tablishing standards, including data requirements, 

14 for investigations of petitions filed under section 221 

15 and criteria for making determinations under sub16 section (a). 

17 ‘‘(2) RULEMAKING.— 

18 ‘‘(A) IN GENERAL.—The Secretary shall 

19 prescribe regulations, pursuant to section 553 

20 of title 5, United States Code, to carry out the 

21 plan required by paragraph (1). 

22 ‘‘(B) TIMING OF RULEMAKING.—The Sec23 retary shall issue the notice of proposed rule24 making with respect to the regulations required 

25 by subparagraph (A) not earlier than the date 


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1 that is 90 days after the date on which the Sec2 retary submits the plan under paragraph (1).’’. 

3 SEC. 164. ESTABLISHMENT OF THE OFFICE OF THE OM4 BUDSMAN FOR THE TRADE ADJUSTMENT AS5 SISTANCE PROGRAM. 

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

7 II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is 

8 amended by inserting after section 221 the following: 

9 ‘‘SEC. 221A. ESTABLISHMENT OF THE OFFICE OF THE 

10 TRADE ADJUSTMENT ASSISTANCE OMBUDS11 MAN. 

12 ‘‘(a) ESTABLISHMENT.—There is established in the 

13 Department of Labor an office to be known as the ‘Office 

14 of the Trade Adjustment Assistance Ombudsman’ (in this 

15 section referred to as the ‘Office’). 

16 ‘‘(b) HEAD.—The head of the Office shall be the Om17 budsman. The individual serving as Ombudsman shall be 

18 either of the following: 

19 ‘‘(1) An officer or employee of the Department 

20 of Labor designated by the Secretary from among 

21 officers and employees of the Department who have 

22 experience and expertise necessary to carry out the 

23 duties of the Office specified in subsection (c). 

24 ‘‘(2) An individual employed by the Secretary 

25 from the private sector from among individuals in 


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1 the private sector who have experience and expertise 

2 necessary to carry out the duties of the Office speci3 fied in subsection (c). 

4 ‘‘(c) DUTIES.—The duties of the Office shall be as 

5 follows: 

6 ‘‘(1) To provide information on— 

7 ‘‘(A) the benefits available under this chap8 ter; 

9 ‘‘(B) the requirements and procedures ap10 plicable to the provision of such benefits; and 

11 ‘‘(C) the tax credit for health insurance 

12 costs under section 35 of the Internal Revenue 

13 Code of 1986. 

14 ‘‘(2) To provide technical assistance to individ15 uals, groups of workers, and other parties seeking to 

16 file petitions with the Secretary for benefits under 

17 section 221. 

18 ‘‘(3) To provide assistance to employers to pro19 vide information required by the Secretary related to 

20 a pending petition. 

21 ‘‘(4) To receive complaints, grievances, and re22 quests for assistance from workers seeking benefits 

23 under this chapter with respect to the administra24 tion of such benefits. 


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1 ‘‘(5) To carry out such other duties with re2 spect to this chapter as the Secretary shall specify 

3 for purposes of this section. 

4 ‘‘(d) INDEPENDENT OFFICE.—The Secretary shall 

5 take appropriate actions to ensure the independence of the 

6 Office within the Department of Labor, including inde7 pendence from other officers and employees of the Depart8 ment engaged in activities relating to the administration 

9 of the provisions of this chapter. 

10 ‘‘(e) ANNUAL REPORT.— 

11 ‘‘(1) IN GENERAL.—Not later than February 

12 15 each year, the Ombudsman shall submit to Con13 gress a report on the activities of the Office under 

14 this section. 

15 ‘‘(2) CONTENTS.—Each report under para16 graph (1) shall set forth the following: 

17 ‘‘(A) The number and types of complaints, 

18 grievances, and requests for assistance received 

19 by the Ombudsman under this chapter during 

20 the preceding year. 

21 ‘‘(B) An assessment of the most common 

22 difficulties encountered by workers seeking ben23 efits under this chapter during the preceding 

24 year. 


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1 ‘‘(3) INITIAL REPORT.—The first report under 

2 paragraph (1) shall be the report submitted in 2008. 

3 ‘‘(f) OUTREACH.—The Secretary of Labor (and the 

4 Secretary of the Treasury, with respect to the tax credit 

5 for health insurance costs under section 35 of the Internal 

6 Revenue Code of 1986) shall undertake outreach to advise 

7 the public of the existence and duties of the Office.’’. 

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

9 for title II of the Trade Act of 1974 is amended by insert10 ing after the item relating to section 221 the following: 

‘‘Sec. 221A. Establishment of the Office of the Trade Adjustment Assistance 

Ombudsman.’’. 

11 SEC. 165. DATA COLLECTION; INFORMATION TO WORKERS. 

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

13 of title II of the Trade Act of 1974 (19 U.S.C. 2311 et 

14 seq.) is amended by adding at the end the following: 

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

16 ‘‘(a) DATA COLLECTION.—The Secretary shall, pur17 suant to regulations prescribed by the Secretary, collect 

18 any data necessary to meet the requirements of this chap19 ter. The Secretary shall collect and publish, on an annual 

20 basis, the following: 

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

22 number of workers actually participating in the 

23 trade adjustment assistance program. 


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1 ‘‘(2) The time for processing petitions filed 

2 under section 221. 

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

4 under section 231(c), classified by the type of waiver 

5 granted. 

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

7 and the type of benefits being received. 

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

9 the duration of, training approved under section 236 

10 by major types of training. 

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

12 wages before separation and wages in any job ob13 tained after receiving benefits under this chapter. 

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

15 dislocated workers have been employed. 

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

17 petition that resulted in a certification under this 

18 chapter. 

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

20 certified in each congressional district of the United 

21 States. 

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

23 ensure, to the extent practicable, through oversight and 

24 effective internal control measures, the following: 


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

2 each State in the collection of data required under 

3 subsection (a) and incentives for States to supple4 ment employment and wage data obtained through 

5 the use of unemployment insurance wage records. 

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

7 of internal control measures with respect to program 

8 measurement data collected by each State. 

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

10 rapid response provided by each State under section 

11 134(a)(2)(A) of the Workforce Investment Act of 

12 1998 (29 U.S.C. 2864(a)(2)(A)). 

13 ‘‘(c) REPORT.— 

14 ‘‘(1) IN GENERAL.—Not later than 1 year after 

15 the date of the enactment of the Trade and 

16 Globalization Adjustment Assistance Act of 2007, 

17 and annually thereafter, the Secretary shall submit 

18 to the Committee on Finance of the Senate and the 

19 Committee on Ways and Means of the House of 

20 Representatives a report that includes the informa21 tion collected under this section. 

22 ‘‘(2) AVAILABILITY.—The Secretary shall make 

23 a report required by paragraph (1) available to each 

24 State and to the public.’’. 

25 (b) CONFORMING AMENDMENTS.— 


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

2 Act of 1974 (19 U.S.C. 2392) is amended by strik3 ing ‘‘Departments of Labor and Commerce’’ and in4 serting ‘‘Departments of Labor, Commerce, and Ag5 riculture’’. 

6 (2) TRADE MONITORING SYSTEM.—Section 282 

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

8 amended by striking ‘‘The Secretary of Commerce 

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

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

11 (3) TABLE OF CONTENTS.—The table of con12 tents for title II of the Trade Act of 1974 is amend13 ed by inserting after the item relating to section 249 

14 the following: 

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

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

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

17 after the date of the enactment of this Act. 

18 SEC. 166. PILOT PROGRAM FOR DISTRIBUTION OF INFOR19 MATION TO WORKERS. 

20 (a) IN GENERAL.—Not later than September 30, 

21 2008, the Secretary of Labor shall fully implement a pilot 

22 program to provide information on the availability of trade 

23 adjustment assistance under chapter 2 of title II of the 

24 Trade Act of 1974 (19 U.S.C. 2271 et seq.) to workers 

25 who inquire about or receive unemployment insurance benVerDate Aug 31 2005 06:55 Jul 24, 2007 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 efits. The pilot program shall use telephone, Internet, and 

2 in-person communication to distribute such information to 

3 workers. 

4 (b) STUDY AND REPORT BY COMPTROLLER GEN5 ERAL.—Not later than March 31, 2011, the Comptroller 

6 General of the United States shall— 

7 (1) conduct a study of the implementation and 

8 outcomes of the pilot program under subsection (a); 

9 and 

10 (2) submit to the Committee on Finance of the 

11 Senate and the Committee on Ways and Means of 

12 the House of Representatives a report on the find13 ings of the study conducted under paragraph (1). 

14 (c) REGULATIONS.—The Secretary of Labor shall 

15 prescribe such regulations as may be necessary to imple16 ment the pilot program under subsection (a), pursuant to 

17 section 553 of title 5, United States Code. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as may be 

20 necessary to carry out this section. 

21 SEC. 167. TECHNICAL AND CONFORMING AMENDMENTS. 

22 (a) TECHNICAL AMENDMENTS.— 

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

24 Act of 1974 (19 U.S.C. 2321) is amended by strikVerDate Aug 31 2005 06:55 Jul 24, 2007 Jkt 059200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 ing ‘‘subpena’’ and inserting ‘‘subpoena’’ each place 

2 it appears in the heading and the text. 

3 (2) TABLE OF CONTENTS.—The table of con4 tents for the Trade Act of 1974 is amended by strik5 ing ‘‘Subpena’’ in the item relating to section 249 

6 and inserting ‘‘Subpoena’’. 

7 (b) CONFORMING AMENDMENT.—Section 265(a) of 

8 the Trade Act of 1974 (19 U.S.C. 2355(a)) is amended 

9 by striking ‘‘new product development’’ and inserting ‘‘the 

10 development of new products and services’’. 

11 SEC. 168. EXTENSION OF AUTHORIZATION OF TRADE AD12 JUSTMENT ASSISTANCE FOR WORKERS. 

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

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

15 ‘‘2007’’ and inserting ‘‘2012’’. 

16 (b) TERMINATION.—Section 285(a) of the Trade Act 

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

18 ‘‘2007’’ each place it appears and inserting ‘‘2012’’. 

19 TITLE II—TRADE ADJUSTMENT 

20 ASSISTANCE FOR RURAL AND 

21 DISTRESSED COMMUNITIES 

22 SEC. 201. PURPOSE. 

23 The purpose of this title is to assist communities neg24 atively impacted by trade with economic adjustment 

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1 tions, the coordination of Federal, State, and local re2 sources, the creation of community-based development 

3 strategies, and the provision of economic transition assist4 ance. 

5 SEC. 202. TRADE ADJUSTMENT ASSISTANCE FOR COMMU6 NITIES. 

7 Chapter 4 of title II of the Trade Act of 1974 (19 

8 U.S.C. 2371 et seq.) is amended to read as follows: 

9 ‘‘CHAPTER 4—TRADE ADJUSTMENT 

10 ASSISTANCE FOR COMMUNITIES 

11 ‘‘SEC. 271. DEFINITIONS. 

12 ‘‘In this chapter: 

13 ‘‘(1) AGRICULTURAL COMMODITY PRODUCER.— 

14 The term ‘agricultural commodity producer’ has the 

15 same meaning as the term ‘person’ as prescribed by 

16 regulations promulgated under section 1001(e) of 

17 the Food Security Act of 1985 (7 U.S.C. 1308(e)). 

18 ‘‘(2) COMMUNITY.—The term ‘community’ 

19 means a city, county, or other political subdivision of 

20 a State or a consortium of political subdivisions of 

21 a State that the Secretary certifies as being nega22 tively impacted by trade. 

23 ‘‘(3) COMMUNITY NEGATIVELY IMPACTED BY

24 TRADE.—A community negatively impacted by trade 


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1 means a community with respect to which a positive 

2 determination has been made under section 273. 

3 ‘‘(4) ELIGIBLE COMMUNITY.—The term ‘eligible 

4 community’ means a community certified under sec5 tion 273 for assistance under this chapter. 

6 ‘‘(5) FISHERMAN.— 

7 ‘‘(A) IN GENERAL.—The term ‘fisherman’ 

8 means any person who— 

9 ‘‘(i) is engaged in commercial fishing; 

10 or 

11 ‘‘(ii) is a United States fish processor. 

12 ‘‘(B) COMMERCIAL FISHING, FISH, FISH13 ERY, FISHING, FISHING VESSEL, PERSON, AND

14 UNITED STATES FISH PROCESSOR.—The terms 

15 ‘commercial fishing’, ‘fish’, ‘fishery’, ‘fishing’, 

16 ‘fishing vessel’, ‘person’, and ‘United States fish 

17 processor’ have the same meanings as such 

18 terms have in section 3 of the Magnuson-Ste19 vens Fishery Conservation and Management 

20 Act (16 U.S.C. 1802). 

21 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 

22 the Secretary of Commerce. 


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1 ‘‘SEC. 272. COMMUNITY TRADE ADJUSTMENT ASSISTANCE 

2 PROGRAM. 

3 ‘‘(a) ESTABLISHMENT.—Within 6 months after the 

4 date of the enactment of the Trade and Globalization Ad5 justment Assistance Act of 2007, the Secretary shall es6 tablish a trade adjustment assistance for communities pro7 gram at the Department of Commerce. 

8 ‘‘(b) PERSONNEL.—The Secretary shall designate 

9 such staff as may be necessary to carry out the respon10 sibilities described in this chapter. 

11 ‘‘(c) COORDINATION OF FEDERAL RESPONSE.—The 

12 Secretary shall— 

13 ‘‘(1) provide leadership, support, and coordina14 tion for a comprehensive management program to 

15 address economic dislocation in eligible communities; 

16 ‘‘(2) coordinate the Federal response to an eli17 gible community— 

18 ‘‘(A) by identifying all Federal, State, and 

19 local resources that are available to assist the 

20 eligible community in recovering from economic 

21 distress; 

22 ‘‘(B) by ensuring that all Federal agencies 

23 offering assistance to an eligible community do 

24 so in a targeted, integrated manner that en25 sures that an eligible community has access to 

26 all available Federal assistance; 


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1 ‘‘(C) by assuring timely consultation and 

2 cooperation between Federal, State, and re3 gional officials concerning economic adjustment 

4 for an eligible community; and 

5 ‘‘(D) by identifying and strengthening ex6 isting agency mechanisms designed to assist eli7 gible communities in their efforts to achieve 

8 economic adjustment and workforce reemploy9 ment; 

10 ‘‘(3) provide comprehensive technical assistance 

11 to any eligible community in the efforts of that com12 munity to— 

13 ‘‘(A) identify serious economic problems in 

14 the community that are the result of negative 

15 impacts from trade; 

16 ‘‘(B) integrate the major groups and orga17 nizations significantly affected by the economic 

18 adjustment; 

19 ‘‘(C) access Federal, State, and local re20 sources designed to assist in economic develop21 ment and trade adjustment assistance; 

22 ‘‘(D) diversify and strengthen the commu23 nity economy; and 

24 ‘‘(E) develop a community-based strategic 

25 plan to address economic development and 


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1 workforce dislocation, including unemployment 

2 among agricultural commodity producers and 

3 fishermen; 

4 ‘‘(4) establish specific criteria for submission 

5 and evaluation of a strategic plan submitted under 

6 section 274(d); 

7 ‘‘(5) establish specific criteria for submitting 

8 and evaluating applications for grants under section 

9 275; 

10 ‘‘(6) administer the grant programs established 

11 under sections 274 and 275; and 

12 ‘‘(7) establish an interagency Trade Adjustment 

13 Assistance for Communities Working Group, chaired 

14 by the Secretary or a designee of the Secretary, con15 sisting of the representatives of any Federal depart16 ment or agency with responsibility for economic ad17 justment assistance, including the Department of 

18 Agriculture, the Department of Education, the De19 partment of Labor, the Department of Housing and 

20 Urban Development, the Department of Health and 

21 Human Services, the Small Business Administra22 tion, the Department of the Treasury, the Depart23 ment of Commerce, and any other Federal, State, or 

24 regional department or agency the Secretary deter25 mines necessary or appropriate. 


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1 ‘‘SEC. 273. CERTIFICATION AND NOTIFICATION. 

2 ‘‘(a) CERTIFICATION.—Not later than 180 days after 

3 an event described in subsection (c)(1), a community de4 scribed in subsection (b)(1) may submit a petition to the 

5 Secretary for a determination under subsection (b)(2) that 

6 the community is negatively impacted by trade, as de7 scribed in subsection (b)(2). If the Secretary makes a posi8 tive determination, the Secretary shall certify the commu9 nity as eligible for assistance under this chapter. 

10 ‘‘(b) DETERMINATION THAT COMMUNITY IS ELIGI11 BLE.— 

12 ‘‘(1) COMMUNITY DESCRIBED.—A community 

13 described in this paragraph means a community 

14 with respect to which, on or after October 1, 2008— 

15 ‘‘(A) the Secretary of Labor certifies a 

16 group of workers (or their authorized represent17 ative) in the community as eligible to apply for 

18 assistance pursuant to section 223; 

19 ‘‘(B) the Secretary of Commerce certifies a 

20 firm located in the community as eligible to 

21 apply for adjustment assistance under section 

22 251; or 

23 ‘‘(C) the Secretary of Agriculture certifies 

24 a group of agricultural commodity producers 

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1 munity as eligible to apply for adjustment as2 sistance under section 293. 

3 ‘‘(2) NEGATIVELY IMPACTED BY TRADE.—The 

4 Secretary shall determine that a community is nega5 tively impacted by trade, after taking into consider6 ation— 

7 ‘‘(A) the number of jobs affected compared 

8 to the size of the workforce in the community; 

9 ‘‘(B) the severity of the rate of unemploy10 ment in the community and the duration of the 

11 unemployment in the community; 

12 ‘‘(C) the income levels and the extent of 

13 underemployment in the community; 

14 ‘‘(D) the out-migration of population from 

15 the community and the extent to which the out16 migration is causing economic injury in the 

17 community; and 

18 ‘‘(E) the unique problems and needs of the 

19 community. 

20 ‘‘(c) DEFINITION AND SPECIAL RULES.— 

21 ‘‘(1) EVENT DESCRIBED.—An event described 

22 in this paragraph means one of the following: 

23 ‘‘(A) A notification described in paragraph 

24 (2). 


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1 ‘‘(B) A certification of a firm under section 

2 251. 

3 ‘‘(C) A determination by the Secretary 

4 that a significant number of fishermen in a 

5 community have been negatively impacted by 

6 trade. 

7 ‘‘(2) NOTIFICATION.—The Governor of a State 

8 shall be notified immediately— 

9 ‘‘(A) by the Secretary of Labor, upon mak10 ing a determination that a group of workers in 

11 the State is eligible for trade adjustment assist12 ance under section 223; 

13 ‘‘(B) by the Secretary of Commerce, upon 

14 making a determination that a firm in the 

15 State is eligible for adjustment assistance under 

16 section 251; and 

17 ‘‘(C) by the Secretary of Agriculture, upon 

18 making a determination that a group of agricul19 tural commodity producers in the State is eligi20 ble for adjustment assistance under section 

21 293. 

22 ‘‘(3) LOOK BACK.— 

23 ‘‘(A) IN GENERAL.—Not later than 210 

24 days after the date described in clause (ii), a 

25 community described in subsection (b)(1) may 


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1 petition the Secretary for a determination that 

2 the community is negatively impacted by trade, 

3 as described in subsection (b)(2), in any case in 

4 which an event described in paragraph (1) oc5 curs— 

6 ‘‘(i) on or after January 1, 2007; and 

7 ‘‘(ii) before the date on which the Sec8 retary completes the implementation of the 

9 program established pursuant to section 

10 272(a). 

11 ‘‘(B) NOTIFICATIONS.— 

12 ‘‘(i) NOTIFICATIONS TO THE SEC13 RETARY OF COMMERCE.—If, during the pe14 riod described in subparagraph (A), the 

15 Secretary of Labor makes a determination 

16 that a group of workers is eligible for trade 

17 adjustment assistance under section 223 

18 (or the Secretary of Agriculture makes a 

19 determination that a group of agricultural 

20 commodity producers is eligible for adjust21 ment assistance under section 293, as the 

22 case may be) the Secretary of Labor (or 

23 the Secretary of Agriculture, as the case 

24 may be) shall notify the Secretary of the 


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1 determination not later than 30 days after 

2 the date described in subparagraph (A)(ii). 

3 ‘‘(ii) NOTIFICATIONS TO STATES.— 

4 The Secretary shall notify the Governor of 

5 a State of— 

6 ‘‘(I) a determination— 

7 ‘‘(aa) described in clause (i) 

8 made during the period described 

9 in subparagraph (A) in the State 

10 immediately upon receiving the 

11 notification required by clause 

12 (i); or 

13 ‘‘(bb) made by the Secretary 

14 during the period described in 

15 subparagraph (A) that a firm in 

16 the State is eligible for adjust17 ment assistance under section 

18 251; and 

19 ‘‘(II) the ability of a community 

20 affected by such a determination to 

21 petition under subparagraph (A) for a 

22 determination that the community is 

23 negatively impacted by trade. 

24 ‘‘(d) NOTIFICATION TO ELIGIBLE COMMUNITIES.— 

25 Immediately upon certification by the Secretary that a 


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1 community is eligible for assistance under subsection (b), 

2 the Secretary shall notify the community— 

3 ‘‘(1) of the determination under subsection (b); 

4 ‘‘(2) of the provisions of this chapter; 

5 ‘‘(3) how to access the clearinghouse established 

6 by the Department of Commerce regarding available 

7 economic assistance; 

8 ‘‘(4) how to obtain technical assistance provided 

9 under section 272(c)(3); and 

10 ‘‘(5) how to obtain grants, tax credits, low in11 come loans, and other appropriate economic assist12 ance. 

13 ‘‘SEC. 274. STRATEGIC PLANS. 

14 ‘‘(a) IN GENERAL.—An eligible community may de15 velop a strategic plan for community economic adjustment 

16 and diversification. 

17 ‘‘(b) REQUIREMENTS FOR STRATEGIC PLAN.—A 

18 strategic plan shall contain, at a minimum, the following: 

19 ‘‘(1) A description and justification of the ca20 pacity for economic adjustment, including the meth21 od of financing to be used. 

22 ‘‘(2) A description of the commitment of the 

23 community to the strategic plan over the long term 

24 and the participation and input of groups affected 

25 by economic dislocation. 


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1 ‘‘(3) A description of the projects to be under2 taken by the eligible community. 

3 ‘‘(4) A description of how the plan and the 

4 projects to be undertaken by the eligible community 

5 will lead to job creation and job retention in the 

6 community. 

7 ‘‘(5) A description of how the plan will achieve 

8 economic adjustment and diversification. 

9 ‘‘(6) A description of how the plan and the 

10 projects will contribute to establishing or maintain11 ing a level of public services necessary to attract and 

12 retain economic investment. 

13 ‘‘(7) A description and justification for the cost 

14 and timing of proposed basic and advanced infra15 structure improvements in the eligible community. 

16 ‘‘(8) A description of how the plan will address 

17 the occupational and workforce conditions in the eli18 gible community. 

19 ‘‘(9) A description of the educational programs 

20 available for workforce training and future employ21 ment needs. 

22 ‘‘(10) A description of how the plan will adapt 

23 to changing markets and business cycles. 


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1 ‘‘(11) A description and justification for the 

2 cost and timing of the total funds required by the 

3 community for economic assistance. 

4 ‘‘(12) A graduation strategy through which the 

5 eligible community demonstrates that the community 

6 will terminate the need for Federal assistance. 

7 ‘‘(c) GRANTS TO DEVELOP STRATEGIC PLANS.—The 

8 Secretary, upon receipt of an application from an eligible 

9 community, may award a grant to that community to be 

10 used to develop the strategic plan under subsection (a). 

11 ‘‘(d) SUBMISSION OF PLAN.—A strategic plan devel12 oped under subsection (a) shall be submitted to the Sec13 retary for evaluation and approval. 

14 ‘‘SEC. 275. GRANTS FOR ECONOMIC DEVELOPMENT. 

15 ‘‘(a) IN GENERAL.—The Secretary, upon approval of 

16 a strategic plan from an eligible community, may award 

17 a grant to that community to carry out any project or 

18 program that is certified by the Secretary to be included 

19 in the strategic plan approved under section 274(d), or 

20 consistent with that plan. 

21 ‘‘(b) ADDITIONAL GRANTS.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 in order to assist eligible communities to obtain 

24 funds under Federal grant programs, other than the 

25 grants provided for in section 274(c) or subsection 


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1 (a) of this section, the Secretary may, upon the ap2 plication of an eligible community, make a supple3 mental grant to the community if— 

4 ‘‘(A) the purpose of the grant program 

5 from which the grant is made is to provide 

6 technical or other assistance for planning, con7 structing, or equipping public works facilities or 

8 to provide assistance for public service projects; 

9 and 

10 ‘‘(B) the grant is one for which the com11 munity is eligible except for the community’s in12 ability to meet the non-Federal share require13 ments of the grant program. 

14 ‘‘(2) USE AS NON-FEDERAL SHARE.—A supple15 mental grant made under this subsection may be 

16 used to provide the non-Federal share of a project, 

17 unless the total Federal contribution to the project 

18 for which the grant is being made exceeds 80 per19 cent and that excess is not permitted by law. 

20 ‘‘(c) RURAL COMMUNITY PREFERENCE.—The Sec21 retary shall develop guidelines to ensure that rural com22 munities receive preference in the allocation of resources. 

23 ‘‘SEC. 276. GENERAL PROVISIONS. 

24 ‘‘(a) REGULATIONS.—The Secretary shall prescribe 

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1 sions of this chapter. The Secretary may not implement 

2 any regulation or guideline proposed by the Secretary with 

3 respect to this chapter, until the date that is 60 days after 

4 the date the Secretary submits the regulation or guideline 

5 to the Committee on Finance of the Senate and the Com6 mittee on Ways and Means of the House of Representa7 tives. 

8 ‘‘(b) SUPPLEMENT NOT SUPPLANT.—Funds appro9 priated under this chapter shall be used to supplement and 

10 not supplant other Federal, State, and local public funds 

11 expended to provide economic development assistance for 

12 communities. 

13 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Secretary 

15 $300,000,000 for each of fiscal years 2009 through 2013 

16 to carry out this chapter. Amounts appropriated pursuant 

17 to this subsection shall remain available until expended.’’. 

18 SEC. 203. CONFORMING AMENDMENTS. 

19 (a) TERMINATION.—Section 285(b) of the Trade Act 

20 of 1974 (19 U.S.C. 2271 note) is amended by adding at 

21 the end the following: 

22 ‘‘(3) ASSISTANCE FOR COMMUNITIES.—Tech23 nical assistance and other payments may not be pro24 vided under chapter 4 after September 30, 2013.’’. 


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

2 the Trade Act of 1974 is amended by striking the items 

3 relating to chapter 4 of title II and inserting the following: 

‘‘CHAPTER 4—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

‘‘Sec. 271. Definitions. 

‘‘Sec. 272. Community Trade Adjustment Assistance Program. 

‘‘Sec. 273. Certification and notification. 

‘‘Sec. 274. Strategic plans. 

‘‘Sec. 275. Grants for economic development. 

‘‘Sec. 276. General provisions.’’. 

4 (c) JUDICIAL REVIEW.— 

5 (1) Section 284(a) of the Trade Act of 1974 

6 (19 U.S.C. 2395(a)) is amended— 

7 (A) by inserting ‘‘or 296’’ after ‘‘section 

8 293’’; 

9 (B) by striking ‘‘or any other interested 

10 domestic party’’ and inserting ‘‘or authorized 

11 representative of a community’’; and 

12 (C) by striking ‘‘section 271’’ and inserting 

13 ‘‘section 273’’. 

14 (2) Section 1581(d) of title 28, United States 

15 Code, is amended— 

16 (A) in paragraph (2), by striking ‘‘; and’’ 

17 and inserting a semicolon; 

18 (B) in paragraph (3)— 

19 (i) by striking ‘‘271’’ and inserting 

20 ‘‘273’’; and 

21 (ii) by striking the period and insert22 ing ‘‘; and’’; and 


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

2 ‘‘(4) any final determination of the Secretary of 

3 Agriculture under section 293 or 296 of the Trade 

4 Act of 1974 (19 U.S.C. 2401b) with respect to the 

5 eligibility of a group of agricultural commodity pro6 ducers for adjustment assistance under such Act.’’. 

7 SEC. 204. EFFECTIVE DATE. 

8 The provisions of this title shall take effect on Octo9 ber 1, 2008. 

10 TITLE III—TRADE ADJUSTMENT 

11 ASSISTANCE FOR FIRMS 

12 SEC. 301. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS. 

13 (a) IN GENERAL.—Section 251 of the Trade Act of 

14 1974 (19 U.S.C. 2341) is amended— 

15 (1) in subsection (a), by inserting ‘‘or service 

16 sector firm’’ after ‘‘(including any agricultural 

17 firm’’; 

18 (2) in subsection (c)— 

19 (A) in paragraph (1)— 

20 (i) in the matter preceding subpara21 graph (A), by inserting ‘‘or service sector 

22 firm’’ after ‘‘any agricultural firm’’; 

23 (ii) in subparagraph (B)— 

24 (I) in clause (i), by striking ‘‘, 

25 or’’ and inserting a comma; 


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1 (II) in clause (ii)— 

2 (aa) by inserting ‘‘or serv3 ice’’ after ‘‘of an article’’; and 

4 (bb) by striking ‘‘, and’’ and 

5 inserting ‘‘, or’’; and 

6 (III) by adding at the end the 

7 following: 

8 ‘‘(iii) sales or production, or both, of 

9 an article or service that accounted for not 

10 less than 25 percent of the total produc11 tion or sales of the firm during the 60- 

12 month period preceding the most recent 

13 12-month period for which data are avail14 able have decreased absolutely, and’’; and 

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

16 ‘‘increases of imports of articles like or di17 rectly competitive with articles which are 

18 produced’’ and inserting ‘‘imports of arti19 cles or services like or directly competitive 

20 with articles or services which are pro21 duced or provided’’; and 

22 (B) in paragraph (2), in the matter pre23 ceding subparagraph (A), by striking ‘‘para24 graph (1)(C)—’’ and inserting ‘‘paragraph 

25 (1)(C):’’; and 


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

2 ‘‘(e) BASIS FOR THE DETERMINATION OF THE SEC3 RETARY.— 

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

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

6 that increases of imports of like or directly competi7 tive articles or services exist if customers accounting 

8 for not less than 20 percent of the sales of the work9 ers’ firm certify to the Secretary that such cus10 tomers are obtaining such articles or services from 

11 a foreign country. 

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

13 Secretary may obtain the certifications under para14 graph (1) through questionnaires or in such other 

15 manner as the Secretary determines is appropriate. 

16 The Secretary may exercise the authority under sec17 tion 249 in carrying out this subsection.’’. 

18 (b) DEFINITION.—Section 261 of the Trade Act of 

19 1974 (19 U.S.C. 2351) is amended— 

20 (1) by striking ‘‘For purposes of’’ and inserting 

21 ‘‘(a) FIRM.—For purposes of’’; and 

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

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

24 chapter, the term ‘service sector firm’ means a firm en25 gaged in the business of providing services.’’. 


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1 SEC. 302. EXTENSION OF AUTHORIZATION OF TRADE AD2 JUSTMENT ASSISTANCE FOR FIRMS. 

3 (a) IN GENERAL.—Section 256(b) of the Trade Act 

4 of 1974 (19 U.S.C. 2346(b)) is amended by inserting ‘‘and 

5 $50,000,000 for each of fiscal years 2008 through 2012,’’ 

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

7 (b) TERMINATION.—Section 285(b)(1) of the Trade 

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

9 ‘‘2007’’ and inserting ‘‘2012’’. 

10 TITLE IV—TRADE ADJUSTMENT 

11 ASSISTANCE FOR FARMERS 

12 AND FISHERMEN 

13 SEC. 401. CLARIFICATION OF MARKETING YEAR. 

14 Section 291(5) of the Trade Act of 1974 (19 U.S.C. 

15 2401(5)) is amended to read as follows: 

16 ‘‘(5) NATIONAL AVERAGE PRICE.—The term 

17 ‘national average price’ means— 

18 ‘‘(A) the national average price paid to an 

19 agricultural commodity producer for an agricul20 tural commodity in a marketing year as deter21 mined by the Secretary; or 

22 ‘‘(B) in the case of an agricultural com23 modity that has no officially designated mar24 keting year, the national average price paid to 

25 an agricultural commodity producer for that 


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1 commodity in the 12-month period requested by 

2 the petitioner.’’. 

3 SEC. 402. APPLICATION TO FISHERMAN. 

4 Notwithstanding any other provision of law, for pur5 poses of chapter 2 of title II of the Trade Act of 1974 

6 (19 U.S.C. 2271 et seq.), fishermen and aquaculture pro7 ducers shall be eligible for adjustment assistance without 

8 regard to whether such fishermen seek such assistance 

9 based on an increase in imports of wild stock or an in10 crease of imports of farm-raised stock. 

11 SEC. 403. ELIGIBILITY. 

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

13 Act of 1974 (19 U.S.C. 2401a(c)(1)) is amended to read 

14 as follows: 

15 ‘‘(1) that either— 

16 ‘‘(A) the national average price for the ag17 ricultural commodity, or a class of goods within 

18 the agricultural commodity, produced by the 

19 group for the most recent marketing year for 

20 which the national average price is available is 

21 less than 90 percent of the average of the na22 tional average price for such agricultural com23 modity, or such class of goods, for the 5 mar24 keting years preceding the most recent mar25 keting year; or 


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1 ‘‘(B) the national average price for the ag2 ricultural commodity for the most recent 2 mar3 keting years for which the national average 

4 price is available is less than 90 percent of the 

5 average of the national average price for such 

6 agricultural commodity, or such class of goods, 

7 for the 3 marketing years preceding the 2 most 

8 recent marketing years; and’’. 

9 (b) SPECIAL RULE FOR QUALIFIED SUBSEQUENT

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

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

12 as follows: 

13 ‘‘(2) imports of articles like or directly competi14 tive with the agricultural commodity, or class of 

15 goods within the agricultural commodity, produced 

16 by the group, contributed importantly to the decline 

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

18 regard to whether imports of such articles increased 

19 in the year after the year the group was first cer20 tified.’’. 

21 (c) ELIGIBILITY OF CERTAIN OTHER PRODUCERS.— 

22 Section 292 of the Trade Act of 1974 (19 U.S.C. 2401a) 

23 is amended by adding at the end the following: 

24 ‘‘(f) ELIGIBILITY OF CERTAIN OTHER PRO25 DUCERS.—An agricultural commodity producer or group 


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1 of producers that resides outside of the State or region 

2 identified in a petition filed under subsection (a) may file 

3 a request to become a party to that petition not later than 

4 15 days after the date notice is published in the Federal 

5 Register with respect to that petition.’’. 

6 (d) NET FARM INCOME.—Section 296(a)(1)(C) of 

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

8 amended— 

9 (1) by striking ‘‘The producer’s’’ and inserting 

10 ‘‘(i) The producer’s’’; 

11 (2) by striking the period and inserting ‘‘; or’’; 

12 and 

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

14 ‘‘(ii) the producer had no positive net farm 

15 income for the 2 most recent consecutive years 

16 in which no adjustment assistance was received 

17 by the producer under this chapter.’’. 

18 SEC. 404. BENEFITS. 

19 (a) AMOUNT OF CASH BENEFITS.—Section 

20 296(b)(1) of the Trade Act of 1974 (19 U.S.C. 

21 2401e(b)(1)) is amended— 

22 (1) in subparagraph (A), by striking ‘‘one-half’’ 

23 and inserting ‘‘85 percent’’; and 

24 (2) in clause (i) of subparagraph (A), by strik25 ing ‘‘80 percent’’ and inserting ‘‘90 percent’’. 


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1 (b) INTENSIVE TECHNICAL ASSISTANCE.—Section 

2 295 of the Trade Act of 1974 (19 U.S.C. 2401d) is 

3 amended by adding at the end the following: 

4 ‘‘(c) INTENSIVE TECHNICAL TRAINING.— 

5 ‘‘(1) IN GENERAL.—An adversely affected agri6 cultural producer that fulfills the requirements set 

7 forth in subparagraphs (A), (B), and (D) of section 

8 296(a)(1) may opt to receive intensive technical as9 sistance from the Secretary for a period not to ex10 ceed 2 years from the date of certification of a peti11 tion described in section 292(a). 

12 ‘‘(2) DESIGNATION OF AGRICULTURAL EXTEN13 SION SERVICE CENTER.—The Secretary shall des14 ignate a Cooperative State Research, Education, and 

15 Extension Service to develop and coordinate an in16 tensive technical assistance curriculum for adversely 

17 affected agricultural commodity producers. 

18 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated $5,000,000 

20 in each of the fiscal years 2008 through 2012 to the 

21 Secretary for the purpose of delivering the intensive 

22 technical assistance described in paragraph (1).’’. 

23 (c) CLERICAL AMENDMENT.—Section 295(a) of the 

24 Trade Act of 1974 (19 U.S.C. 2401d(a)) is amended by 


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1 striking ‘‘groups’’ and inserting ‘‘agricultural commodity 

2 producers (or groups of such producers)’’. 

3 SEC. 405. AUDITS AND REPORTS. 

4 Section 293 of the Trade Act of 1974 (19 U.S.C. 

5 2401b) is amended by adding at the end the following: 

6 ‘‘(d) AUDIT AND REPORT BY THE COMPTROLLER

7 GENERAL.— 

8 ‘‘(1) IN GENERAL.—Not later than January 31, 

9 2012, the Comptroller General of the United States 

10 shall conduct an evaluation of the program under 

11 this chapter and shall report the results of the eval12 uation to the Committee on Finance of the Senate 

13 and the Committee on Ways and Means of the 

14 House of Representatives. 

15 ‘‘(2) CONTENTS OF EVALUATION AND RE16 PORT.—The evaluation and report shall include— 

17 ‘‘(A) an assessment of the extent to which 

18 the Department of Agriculture is fulfilling its 

19 obligations under this chapter; 

20 ‘‘(B) an assessment of the outreach to po21 tentially eligible agricultural commodity pro22 ducers and groups of such producers; 

23 ‘‘(C) an assessment of the effectiveness 

24 and outcomes of the benefits received; and 


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1 ‘‘(D) recommendations for improving the 

2 program. 

3 ‘‘(e) REPORT BY SECRETARY.—Not later than No4 vember 15, 2008, and annually thereafter, the Secretary 

5 of Agriculture shall report to the Committee on Finance 

6 of the Senate and the Committee on Ways and Means of 

7 the House of Representatives on, for the 12-month period 

8 ending October 31 of the current calendar year— 

9 ‘‘(1) the agricultural commodities covered by a 

10 certification under this chapter and the States or re11 gions in which such commodities are produced; 

12 ‘‘(2) the total number of such commodities, by 

13 State; 

14 ‘‘(3) the total number of agricultural com15 modity producers, by congressional district, receiving 

16 cash benefits under section 296(b); and 

17 ‘‘(4) the total number of agicultural commodity 

18 producers, by congressional district, receiving inten19 sive technical training under section 296(c).’’. 

20 SEC. 406. EXTENSION OF AUTHORIZATION OF TRADE AD21 JUSTMENT ASSISTANCE FOR FARMERS. 

22 (a) IN GENERAL.—Section 298(a) of the Trade Act 

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

24 ‘‘2007’’ and inserting ‘‘2012’’. 


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1 (b) TERMINATION.—Section 285(b)(2) of the Trade 

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

3 ‘‘2007’’ each place it appears and inserting ‘‘2012’’. 

Æ 


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