II 

108TH CONGRESS 

2D SESSION S. 2157

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

program to the services sector, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2004

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

ROCKEFELLER, Mr. BREAUX, Mr. INOUYE, Mr. CARPER, Mr. BINGAMAN, 

Mr. CORZINE, Mr. BAYH, Mrs. CLINTON, Ms. LANDRIEU, Mrs. MURRAY, 

Mr. LAUTENBERG, Mr. BIDEN, Mrs. BOXER, and Mr. REID) introduced 

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

on Finance 

A BILL

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

other purposes.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trade Adjustment As5 sistance Equity for Service Workers Act of 2004’’. 
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1 SEC. 2. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE 

2 TO SERVICES SECTOR. 

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

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

8 (b) GROUP ELIGIBILITY REQUIREMENTS.—Section 

9 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amend10 ed— 

11 (1) in subsection (a)— 

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

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

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

16 or public agency)’’; 

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

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

19 (C) in paragraph (2)— 

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

23 like or directly competitive with articles 

24 produced or services provided’’; 
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1 (ii) by striking the period at the end 

2 of subparagraph (B) and inserting ‘‘; or’’; 

3 and 

4 (iii) by adding after subparagraph (B) 

5 the following: 

6 ‘‘(C)(i) there has been a shift, by such 

7 workers’ firm, subdivision, or public agency to 

8 a foreign country, in provision of services, like 

9 or directly competitive with services which are 

10 provided by such firm, subdivision, or public 

11 agency; or 

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

13 public agency has obtained or is likely to obtain 

14 such services from a foreign country.’’; 

15 (2) in subsection (b)— 

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

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

18 ‘‘agricultural firm, and workers in a service sec19 tor firm or subdivision of a service sector firm 

20 or public agency)’’; 

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

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

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

24 services’’ after ‘‘component parts’’; 

25 (3) in subsection (c)— 
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1 (A) in paragraph (3)— 

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

3 ‘‘value-added production processes’’; 

4 (ii) by striking ‘‘or finishing’’ and in5 serting ‘‘, finishing, or testing’’; 

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

7 ‘‘for articles’’; and 

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

9 after ‘‘such other firm’’; and 

10 (B) in paragraph (4)— 

11 (i) by striking ‘‘for articles’’ and in12 serting ‘‘, or services, for articles or serv13 ices, used in the production of articles or 

14 in the provision of services’’; and 

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

16 after ‘‘such other firm’’; and 

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

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

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

21 subsection (a)(2)(A)(ii), the Secretary may deter22 mine that increased imports of like or directly com23 petitive services exist if the workers’ firm or subdivi24 sion or customers of the workers’ firm or subdivision 

25 accounting for not less than 20 percent of the sales 
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1 of the workers’ firm or subdivision certify to the 

2 Secretary that they are obtaining such articles or 

3 services from a foreign country. 

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

6 determine that the workers’ firm, subdivision, or 

7 public agency has obtained or is likely to obtain like 

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

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

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

14 such other manner as the Secretary determines is 

15 appropriate.’’. 

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

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

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

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

20 1974 (19 U.S.C. 2319) is amended— 

21 (1) in paragraph (1)— 

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

23 ‘‘of a firm’’; and 

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

25 ‘‘or subdivision’’;
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1 (2) in paragraph (2)(B), by inserting ‘‘or public 

2 agency’’ after ‘‘the firm’’; 

3 (3) by redesignating paragraphs (8) through 

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

5 and 

6 (4) by inserting after paragraph (6) the fol7 lowing: 

8 ‘‘(7) The term ‘public agency’ means a depart9 ment or agency of a State or local government or of 

10 the Federal Government. 

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

12 entity engaged in the business of providing serv13 ices.’’. 

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

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

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

17 SEC. 3. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS AND 

18 INDUSTRIES. 

19 (a) FIRMS.— 

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

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

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

23 service sector firm’’ after ‘‘(including any agri24 cultural firm’’; 

25 (B) in subsection (c)(1)— 
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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘or service sector 

3 firm’’ after ‘‘any agricultural firm’’; 

4 (ii) in subparagraph (B)(ii), by insert5 ing ‘‘or service’’ after ‘‘of an article’’; and 

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

7 ‘‘articles like or directly competitive with 

8 articles which are produced’’ and inserting 

9 ‘‘articles or services like or directly com10 petitive with articles or services which are 

11 produced or provided’’; and 

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

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

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

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

16 that increases of imports of like or directly competi17 tive services exist if customers of the firm account18 ing for not less than 20 percent of the sales of the 

19 firm certify to the Secretary that they are obtaining 

20 such articles or services from a foreign country. 

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

22 Secretary may obtain the certifications under para23 graph (1) through questionnaires or in such other 

24 manner as the Secretary determines is appropriate. 

25 The subpoena power described in section 249 shall 
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1 be extended to the Secretary of Commerce for pur2 poses of carrying out this subsection.’’. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

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

5 2346(b)) is amended by striking ‘‘$16,000,000’’ and 

6 inserting ‘‘$32,000,000’’. 

7 (3) DEFINITION.—Section 261 of the Trade 

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

9 (A) by striking ‘‘For purposes of’’ and in10 serting ‘‘(a) FIRM.—For purposes of’’; and 

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

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

13 chapter, the term ‘service sector firm’ means a firm en14 gaged in the business of providing services.’’. 

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

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

17 service’’ after ‘‘new product’’. 

18 (c) TECHNICAL AMENDMENTS.—Section 249 of the 

19 Trade Act of 1974 (19 U.S.C. 2321) is amended by strik20 ing ‘‘subpena’’ and inserting ‘‘subpoena’’ each place it ap21 pears in the heading and the text. 

22 SEC. 4. MONITORING AND REPORTING. 

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

24 2393) is amended— 

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

3 Secretary’’; 

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

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

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

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

9 after ‘‘producing articles’’; and 

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

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

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

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

16 months after the date of the enactment of the Trade 

17 Adjustment Assistance Equity for Service Workers 

18 Act of 2004, the Secretary of Labor shall implement 

19 a system to collect data on adversely affected service 

20 workers that includes the number of workers by 

21 State, industry, and cause of dislocation of each 

22 worker. 

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

24 than 6 months after such date of enactment, the 

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

2 to the Congress on ways to improve the timeliness 

3 and coverage of data on trade in services, including 

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

6 and increased imports due to United States firms 

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

Æ