‘‘(i) identify all firms operating within 
the domestic industry described in para-
graph (1) or (2) or subsection (b) that are 
covered by the determination; and 
‘‘(ii) certify all workers of such firms 
as a group of workers eligible to apply for 
assistance under this subchapter, without 
any other determination of whether such 
group meets the requirements of section 222. 
‘‘(B) OTHER REQUIREMENTS.— 
‘‘(i) IN GENERAL.—Each certification 
under subparagraph (A)(ii) shall specify the 
date on which the total or partial separa-
tion began or threatened to begin, except 
that— 
‘‘(I) with respect to a request or a 
resolution under subsection (a), such 
date may not be a date that precedes 
one year before the date on which the 
Secretary receives the request or resolu-
tion, as the case may be; and 
‘‘(II) with respect to the third cer-
tification of workers in a domestic in-
dustry described in subsection (a), such 
date may not be a date that precedes 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
one year before the date on which the 
Secretary certifies the 3d such petition. 
‘‘(ii) 
INAPPLICABILITY.—A 
certifi-
cation under subparagraph (A)(ii) shall not 
apply to any worker whose last total or 
partial separation from the firm occurred 
before the applicable date specified in clause 
(i). 
‘‘(iii) 
TRAINING
BEFORE
SEPARA-
TION.—Any worker covered by a certifi-
cation under subparagraph (A)(ii) shall be 
deemed to be an adversely affected worker 
for purposes of receiving training under sec-
tion 236, without regard to whether the 
worker has been totally or partially sepa-
rated from employment. 
‘‘(2) NEGATIVE
DETERMINATION.—If the Sec-
retary makes a negative determination under sub-
section (b), the Secretary shall notify the Committee 
on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate of the 
reasons for the Secretary’s determination. 
‘‘(3) PUBLICATION.—Upon making a determina-
tion under subsection (b), the Secretary shall prompt-
ly publish a summary of the determination in the 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
Federal Register and on the Website of the Depart-
ment of Labor, together with the reasons for making 
such determination. 
‘‘(4) TERMINATION.—Whenever the Secretary de-
termines that a certification under paragraph (1) is 
no longer warranted, the Secretary shall terminate 
the certification and promptly have notice of the ter-
mination published in the Federal Register and on 
the Website of the Department of Labor, together with 
the reasons for making such determination under this 
paragraph. Such termination shall apply only with 
respect to total or partial separations occurring after 
the termination date specified by the Secretary. 
‘‘(d) OUTREACH.—Upon making a certification under 
subsection (c)(1) of eligibility for adjustment assistance 
under this chapter of a group of workers or all workers in 
a domestic industry, the Secretary shall notify each Gov-
ernor of a State in which the workers are located of the 
certification. 
‘‘(e) REGULATIONS.—The Secretary shall, not later 
than 1 year after the date of the enactment of the Trade 
and Globalization Assistance Act of 2007, issue regulations 
for making determinations under this section, including 
criteria for making such determinations. The Secretary 
shall develop such regulations in consultation with the Com-
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
mittee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate, and the Sec-
retary shall submit such regulations to each such committee 
at least 60 days before the regulations go into effect. 
‘‘(f) DOMESTIC INDUSTRY DEFINED.—In this section, 
the term ‘domestic industry’ means an industry in the 
United States, as that industry is defined by the North 
American Industry Classification System.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
title II of the Trade Act of 1974 is amended by inserting 
after the item relating to section 223 the following: 
‘‘Sec. 223A. Industry-wide determinations.’’. 
(c) CONFORMING AMENDMENTS.—Chapter 2 of title II 
of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amend-
ed— 
(1) in section 225— 
(A) in subsection (a), in the last sentence by 
inserting ‘‘or 223A’’ after ‘‘223’’; and 
(B) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘sub-
chapter A of this chapter’’ and inserting 
‘‘this subchapter’’; and 
(ii) in paragraph (2), by striking 
‘‘subchapter A’’ and inserting ‘‘this sub-
chapter’’; and 
(2) in section 231— 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
(A) in subsection (a)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘more than 60 days’’ and 
all that follows through ‘‘section 221’’ and 
inserting ‘‘on or after the date of such cer-
tification’’; and 
(ii) in paragraph (1)— 
(I) in subparagraph (B), by in-
serting ‘‘or 223A (as the case may be)’’ 
after ‘‘223’’; and 
(II) in subparagraph (C), by in-
serting ‘‘or 223A(c)(4), as the case may 
be’’ after ‘‘223(d)’’; and 
(B) in subsection (b)— 
(i) by striking paragraph (2); and 
(ii) in paragraph (1)— 
(I) by striking ‘‘(1)’’; 
(II) by redesignating subpara-
graphs (A) and (B) as paragraph (1) 
and (2), respectively; 
(III) by redesignating clauses (i) 
and (ii) as subparagraphs (A) and 
(B), respectively; and 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
(IV) by redesignating subclauses 
(I) and (II) as clauses (i) and (ii), re-
spectively. 
SEC. 112. NOTIFICATIONS REGARDING AFFIRMATIVE DE-
TERMINATIONS AND SAFEGUARDS. 
(a) IN GENERAL.—Section 224 of the Trade Act of 
1974 (19 U.S.C. 2274) is amended— 
(1) in the heading, by striking ‘‘STUDY
BY 
SECRETARY OF LABOR WHEN INTERNATIONAL 
TRADE COMMISSION BEGINS INVESTIGATION’’ 
and inserting ‘‘STUDY AND NOTIFICATIONS RE-
GARDING TRADE REMEDY DETERMINATIONS’’; 
(2) in subsection (a), by striking ‘‘Whenever’’ 
and inserting ‘‘STUDY
OF DOMESTIC INDUSTRY.— 
Whenever’’; 
(3) in subsection (b)— 
(A) by striking ‘‘The report’’ and inserting 
‘‘REPORT BY THE SECRETARY.—The report’’; 
(B) by striking ‘‘his report’’ and inserting 
‘‘the Secretary’s report’’; and 
(C) by inserting ‘‘and on the Website of the 
Department of Labor’’ after ‘‘Federal Register’’; 
and 
(4) by adding at the end the following: 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
(B) by moving the remaining text 2 ems to 
the right; and 
(C) by adding at the end the following: 
‘‘(ii) MARKETABLE SKILLS DEFINED.— 
For purposes of clause (i), the term ‘market-
able skills’ may include the possession of a 
postgraduate degree from an institution of 
higher education (as defined in section 
101(a) of the Higher Education Act of 
1965) or equivalent foreign institution, or 
the possession of an equivalent postgraduate 
certification in a specialized field.’’; and 
(2) in paragraph (3)— 
(A) in subparagraph (A), by striking ‘‘may 
authorize’’ and inserting ‘‘shall authorize’’; 
(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A) the 
following: 
‘‘(B) DURATION
OF
WAIVERS.—A waiver 
issued under paragraph (1) by a cooperating 
State shall be effective for not more than 3 
months after the date on which the waiver is 
issued, except that the State, upon reviewing the 
waiver, may extend the waiver for an additional 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
period of not more than 3 months if the State de-
termines that the waiver should be maintained.’’. 
(c) DETERMINATIONS OF ELIGIBILITY BY STATE EM-
PLOYEES APPOINTED ON MERIT BASIS.—Such section 231 
is further amended by adding at the end the following: 
‘‘(d) DETERMINATIONS OF ELIGIBILITY BY STATE EM-
PLOYEES APPOINTED ON MERIT BASIS.—All determina-
tions of eligibility for trade readjustment allowances under 
this part shall be made by employees of the State who are 
appointed on a merit basis.’’. 
(d) CONFORMING AMENDMENT.—Section 233 of the 
Trade Act of 1974 (19 U.S.C. 2293) is amended by striking 
subsection (b) and redesignating subsections (c) through (g) 
as subsections (b) through (f), respectively. 
SEC. 122. WEEKLY AMOUNTS. 
(a) IN GENERAL.—Section 232 of the Trade Act of 
1974 (19 U.S.C. 2292) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘subsections (b) and (c)’’ 
and inserting ‘‘subsections (b), (c), and (d)’’; 
(B) by striking ‘‘total unemployment’’ the 
first place it appears and inserting ‘‘unemploy-
ment’’; and 
(C) in paragraph (2), by adding at the end 
before the period the following: ‘‘, except that in 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
the case of an adversely affected worker who is 
participating in full-time training under this 
chapter, such income shall not include earnings 
from work for such week that are equal to or less 
than the most recent weekly benefit amount of 
the unemployment insurance payable to the 
worker for a week of total unemployment pre-
ceding the worker’s first exhaustion of unemploy-
ment insurance (as determined for purposes of 
section 231(a)(3)(B))’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b)(1) Notwithstanding section 231(a)(3)(B), if an 
adversely affected worker who is participating in training 
qualifies for unemployment insurance under State law, 
based in whole or in part upon part-time or short-term em-
ployment following approval of the worker’s initial trade 
readjustment allowance application under section 231(a), 
then for any week for which unemployment insurance is 
payable and for which the worker would otherwise be enti-
tled to a trade readjustment allowance based upon the cer-
tification under section 223, the worker shall, in addition 
to any such unemployment insurance, be paid a trade read-
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
justment allowance in the amount described in paragraph 
(2). 
‘‘(2) The trade readjustment allowance payable under 
paragraph (1) shall be equal to the weekly benefit amount 
of the unemployment insurance upon which the worker’s 
trade readjustment allowance was initially determined 
under subsection (a), reduced by— 
‘‘(A) the amount of the unemployment insurance 
benefit payable to such worker for that week of unem-
ployment for which a trade readjustment allowance is 
payable under paragraph (1); and 
‘‘(B) the amounts described in paragraphs (1) 
and (2) of subsection (a).’’. 
(b) CONFORMING AMENDMENTS.—Section 233 of the 
Trade Act of 1974 (19 U.S.C. 2293) is amended— 
(1) in subsection (a)(1), by striking ‘‘section 
232(a)’’ and inserting ‘‘subsections (a) and (b) of sec-
tion 232’’; and 
(2) in subsection (c), by striking ‘‘section 232(b)’’ 
and inserting ‘‘section 232(c)’’. 
SEC. 123. LIMITATIONS ON TRADE READJUSTMENT ALLOW-
ANCES; ALLOWANCES FOR EXTENDED TRAIN-
ING AND BREAKS IN TRAINING. 
Section 233(a) of the Trade Act of 1974 (19 U.S.C. 
2293(a)) is amended— 
VerDate Aug 31 2005 
02:40 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
(1) in paragraph (2), by inserting ‘‘under para-
graph (1)’’ after ‘‘trade readjustment allowance’’; 
(2) in paragraph (3)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘52 additional weeks’’ 
and inserting ‘‘78 additional weeks’’; and 
(ii) by striking ‘‘52-week’’ and insert-
ing ‘‘91-week’’; and 
(B) in the matter following subparagraph 
(B), by striking ‘‘52-week’’ and inserting ‘‘91- 
week’’. 
SEC. 124. SPECIAL RULES FOR CALCULATION OF ELIGI-
BILITY PERIOD. 
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) 
is amended by adding at the end the following: 
‘‘(g) SPECIAL
RULE
FOR
CALCULATING
SEPARA-
TION.—Notwithstanding any other provision of this chap-
ter, any period during which a judicial or administrative 
appeal is pending with respect to the denial by the Sec-
retary of a petition under section 223 shall not be counted 
for purposes of calculating the period of separation under 
subsection (a)(2) or for purposes of calculating time periods 
specified in section 231(a)(5)(A). 
VerDate Aug 31 2005 
02:40 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
‘‘(h) SPECIAL RULE FOR JUSTIFIABLE CAUSE.—The 
Secretary may extend the periods during which trade read-
justment allowances are payable to an adversely affected 
worker under paragraphs (2) and (3) of subsection (a) and 
under subsection (f) (but not the maximum amounts of such 
allowances that are payable under this section), if the Sec-
retary determines that there is justifiable cause for such an 
extension, such as the failure to provide the worker with 
timely information, delays in certification due to adminis-
trative reconsideration or judicial review, or justifiable 
breaks in training that exceed the period allowable under 
subsection (e).’’. 
SEC. 125. APPLICATION OF STATE LAWS AND REGULATIONS 
ON GOOD CAUSE FOR WAIVER OF TIME LIM-
ITS OR LATE FILING OF CLAIMS. 
Section 234 of the Trade Act of 1974 (19 U.S.C. 2294) 
is amended— 
(1) by striking ‘‘Except where inconsistent’’ and 
inserting ‘‘(a) IN GENERAL.—Except where incon-
sistent’’; and 
(2) by adding at the end the following: 
‘‘(b) STATE LAWS AND REGULATIONS ON GOOD CAUSE 
FOR WAIVER
OF TIME LIMITS
OR LATE FILING
OF 
CLAIMS.—Any law or regulation of a cooperating State 
under section 239 that allows for a waiver for good cause 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
of any time limit, including a waiver for good cause to 
allow the late filing of any claim, for trade readjustment 
allowances or other adjustment assistance under this chap-
ter shall, in the administration of the program by the State 
under this chapter, apply to the applicable time limitation 
referred to or specified in this chapter or any regulation 
prescribed to carry out this chapter.’’. 
SEC. 126. EMPLOYMENT AND CASE MANAGEMENT SERV-
ICES. 
(a) IN GENERAL.—Section 235 of the Trade Act of 
1974 (19 U.S.C. 2295) is amended to read as follows: 
‘‘SEC. 235. EMPLOYMENT AND CASE MANAGEMENT SERV-
ICES. 
‘‘The Secretary shall provide, directly or through 
agreements with States under section 239, to adversely af-
fected workers covered by a certification under subchapter 
A of this chapter the following employment and case man-
agement services: 
‘‘(1) Comprehensive and specialized assessment 
of skill levels and service needs, including through— 
‘‘(A) diagnostic testing and use of other as-
sessment tools; and 
‘‘(B) in-depth interviewing and evaluation 
to identify employment barriers and appropriate 
employment goals. 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
‘‘(2) Development of an individual employment 
plan to identify employment goals and objectives, and 
appropriate training to achieve those goals and objec-
tives. 
‘‘(3) Information on training available in local 
and regional areas, information on individual coun-
seling to determine which training is suitable train-
ing, and information on how to apply for such train-
ing. 
‘‘(4) Information on how to apply for financial 
aid, including referring workers to educational oppor-
tunity centers under section 402F of the Higher Edu-
cation Act of 1965, where applicable, and notifying 
workers that the workers may ask financial aid ad-
ministrators at institutions of higher education to 
allow use of their current year income in the finan-
cial aid process. 
‘‘(5) Short-term prevocational services, including 
development of learning skills, communications skills, 
interviewing skills, punctuality, personal mainte-
nance skills, and professional conduct to prepare in-
dividuals for employment or training. 
‘‘(6) Individual career counseling, including job 
search and placement counseling, during the period 
in which the individual is receiving a trade adjust-
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
ment allowance or training under this chapter, and 
for purposes of job placement after receiving such 
training. 
‘‘(7) Provision of employment statistics informa-
tion, including the provision of accurate information 
relating to local, regional, and national labor market 
areas, including— 
‘‘(A) job vacancy listings in such labor mar-
ket areas; 
‘‘(B) information on jobs skills necessary to 
obtain jobs identified in job vacancy listings de-
scribed in subparagraph (A); 
‘‘(C) information relating to local occupa-
tions that are in demand and earnings potential 
of such occupations; and 
‘‘(D) skills requirements for local occupa-
tions described in subparagraph (C). 
‘‘(8) Supportive services, including services relat-
ing to child care, transportation, dependent care, 
housing assistance, and need-related payments that 
are necessary to enable an individual to participate 
in training.’’. 
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 235 in the table of contents for title II of the Trade 
Act of 1974 is amended to read as follows: 
‘‘235. Employment and case management services.’’. 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6213
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
SEC. 127. TRAINING. 
(a) IN GENERAL.—Subsection (a)(1) of section 236 of 
the Trade Act of 1974 (19 U.S.C. 2296) is amended by 
striking the last sentence. 
(b) FUNDING.—Subsection (a)(2) of such section is 
amended— 
(1) in subparagraph (A), to read as follows: 
‘‘(A) The total amount of payments that may be made 
under paragraph (1) for each of the fiscal years 2008 and 
2009 shall not exceed $440,000,000. The total amount of 
payments that may be made under paragraph (1) for fiscal 
year 2010 and each subsequent fiscal year shall not exceed 
$660,000,000.’’; and 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) Not later than 120 days after the date of the en-
actment of the Trade and Globalization Assistance Act of 
2007, the Secretary shall establish and implement proce-
dures for the allocation among the States in each fiscal year 
of funds available to pay the costs of training for workers 
under this section. The Secretary shall, at least 60 days be-
fore the date on which the procedures described in this sub-
paragraph are first implemented, consult with the Com-
mittee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate with respect 
to such procedures. 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
‘‘(C) In establishing and implementing the procedures 
under subparagraph (B), the Secretary shall— 
‘‘(i) provide for at least 3 distributions of funds 
available for training in the fiscal year, and, in the 
first such distribution, disburse not more than 50 per-
cent of the total amount of funds available for train-
ing in that fiscal year; 
‘‘(ii) consider using a broad range of factors for 
the allocation of training funds distributed to States 
for each fiscal year, including factors such as— 
‘‘(I) the number of workers certified under 
sections 223 and 223A in the preceding fiscal 
year; 
‘‘(II) the total number of workers certified 
under sections 223 and 223A that are enrolled in 
training approved under this section; 
‘‘(III) the minimum level of funding nec-
essary to provide training approved under this 
section; and 
‘‘(IV) notifications under the Worker Ad-
justment and Retraining Notification Act or 
other layoff notifications; 
‘‘(iii) after the initial distribution of training 
funds to States at the beginning of each fiscal year, 
provide for subsequent distributions of training funds 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
remaining, based on the factors described in clause 
(ii) (but, in the case of the factor described in sub-
clause (I) of clause (ii), based on data from the pre-
ceding 2 fiscal quarters) if a State requests the dis-
tribution of the remaining funds; 
‘‘(iv) ensure that any final distribution of funds 
during a fiscal year is made not later than July 1 
of that fiscal year; and 
‘‘(v) develop an explicit policy for re-capture and 
redistribution of training funds, to the extent such re- 
capture and redistribution of training funds is nec-
essary.’’. 
(c) DETERMINATIONS REGARDING TRAINING.—Sub-
section (a)(9) of such section is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(A) Subject to subparagraph (B), the Secretary’’; 
and 
(2) by adding at the end the following: 
‘‘(B)(i) In determining under paragraph (1)(E) 
whether a worker is qualified to undertake and complete 
training, the Secretary may not disallow training for a pe-
riod longer than the worker’s period of eligibility for trade 
readjustment allowances under part I if the worker dem-
onstrates that the worker has sufficient financial resources 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
to complete the training after the expiration of the worker’s 
period of eligibility for such trade readjustment allowances. 
‘‘(ii) In determining the reasonable cost of training 
under paragraph (1)(F) with respect to a worker, the Sec-
retary may consider whether other public or private funds 
are reasonably available to the worker, except that the Sec-
retary may not require a worker to obtain such funds as 
a condition of approval of training under paragraph (1).’’. 
(d) DETERMINATIONS OF ELIGIBILITY BY STATE EM-
PLOYEES APPOINTED ON MERIT BASIS.—Such section is 
further amended— 
(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) DETERMINATIONS OF ELIGIBILITY BY STATE EM-
PLOYEES APPOINTED ON MERIT BASIS.—All determina-
tions of eligibility for training under this section shall be 
made by employees of the State who are appointed on a 
merit basis.’’. 
(e) GAO STUDY AND REPORT.— 
(1) STUDY.—The Comptroller General of the 
United States shall conduct a study of the procedures 
for the allocation of training funds for workers under 
subparagraphs (B) and (C) of section 236(a)(2) of the 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
Trade Act of 1974 (19 U.S.C. 2296), as added by sub-
section (a) of this section, that are established and 
implemented by the Secretary of Labor pursuant to 
such section. In carrying out the study, the Comp-
troller General shall examine the overall adequacy of 
funding for training for workers by State and the ef-
fectiveness of the procedures for allocating training 
funds between States and among workers. 
(2) REPORTS.— 
(A) INTERIM
REPORT.—The Comptroller 
General of the United States shall submit to the 
Committee on Ways and Means of the House of 
Representatives and the Committee on Finance 
of the Senate an interim report that contains the 
results of the study conducted under paragraph 
(1) for the first fiscal year with respect to which 
the procedures described in paragraph (1) are 
implemented. 
(B) FINAL REPORT.—The Comptroller Gen-
eral of the United States shall submit to the 
Committee on Ways and Means of the House of 
Representatives and the Committee on Finance 
of the Senate a final report that contains the re-
sults of the study conducted under paragraph (1) 
for the first three fiscal years with respect to 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
which the procedures described in paragraph (1) 
are implemented. 
SEC. 128. PREREQUISITE EDUCATION; APPROVED TRAINING 
PROGRAMS. 
(a) IN GENERAL.—Section 236(a)(5) of the Trade Act 
of 1974 (19 U.S.C. 2296(a)(5)) is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘and’’ at the end of clause 
(i); 
(B) by adding ‘‘and’’ at the end of clause 
(ii); and 
(C) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) apprenticeship programs registered 
under the National Apprenticeship Act (29 
U.S.C. 50 et seq.),’’; 
(2) by redesignating subparagraphs (E) and (F) 
as subparagraphs (F) and (G), respectively; 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) any program of prerequisite education or 
coursework required to enroll in training that may be 
approved under this section,’’; 
(4) in subparagraph (F)(ii), as redesignated by 
paragraph (1), by striking ‘‘and’’ at the end; 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
(5) in subparagraph (G), as redesignated by 
paragraph (1), by striking the period at the end and 
inserting ‘‘, and’’; and 
(6) by adding at the end the following: 
‘‘(H) any training program or coursework at an 
accredited institution of higher education (as defined 
in section 101(a) of the Higher Education Act of 
1965), including a training program or coursework 
for the purpose of— 
‘‘(i) obtaining a degree or certification; or 
‘‘(ii) completing a degree or certification 
that the worker had previously begun at an ac-
credited institution of higher education. 
The Secretary may not limit approval of a training pro-
gram under paragraph (1) to a program provided pursuant 
to title I of the Workforce Investment Act of 1998.’’. 
(b) CONFORMING AMENDMENTS.—Section 233 of the 
Trade Act of 1974 (19 U.S.C. 2293) is amended— 
(1) in subsection (a)(2), by inserting ‘‘pre-
requisite education or’’ after ‘‘requires a program of’’; 
and 
(2) in subsection (f) (as redesignated by section 
121(d) of this Act), by inserting ‘‘prerequisite edu-
cation or’’ after ‘‘includes a program of’’. 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
SEC. 129. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE 
AND PROGRAM BENEFITS WHILE IN TRAIN-
ING. 
(a) IN GENERAL.—Section 236(d) of the Trade Act of 
1974 (19 U.S.C. 2296(d)) is amended to read as follows: 
‘‘(d) ELIGIBILITY.—A worker may not be determined 
to be ineligible or disqualified for unemployment insurance 
or program benefits under this subchapter— 
‘‘(1) because the worker— 
‘‘(A) is enrolled in training approved under 
subsection (a); or 
‘‘(B) left work— 
‘‘(i) that was not suitable employment 
to enter such training; or 
‘‘(ii) that the worker engaged in on a 
temporary basis during a break in such 
training or a delay in the commencement of 
such training; or 
‘‘(2) because the provisions of State law or Fed-
eral unemployment insurance law relating to avail-
ability for work, active search for work, or refusal to 
accept work apply to a week of training approved 
under subsection (a).’’. 
(b) DEFINITION.—Subchapter B of chapter 2 of title 
II of the Trade Act of 1974 (19 U.S.C. 2291 et seq.) is 
amended— 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
(1) in section 233(d) (as redesignated by section 
121(d) of this Act), by inserting ‘‘suitable’’ before ‘‘on- 
the-job training’’; and 
(2) in section 236— 
(A) by inserting ‘‘suitable’’ before ‘‘on-the- 
job training’’ each place it appears; and 
(B) by adding at the end the following: 
‘‘(h) SUITABLE ON-THE-JOB TRAINING.—For purposes 
of this section, the term ‘suitable on-the-job training’ means 
on-the-job training— 
‘‘(1) that can reasonably be expected to lead to 
suitable employment; 
‘‘(2) that is compatible with the skills of the 
worker; 
‘‘(3) that— 
‘‘(A) involves a curriculum through which 
the worker learns the skills necessary for the job 
for which the worker is being trained; and 
‘‘(B) can be measured by benchmarks that 
indicate that the worker is learning such skills; 
and 
‘‘(4) that is certified by the State as an on-the- 
job training program that meets the requirements of 
paragraph (3).’’. 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
Subtitle D—Health Care Provisions 
SEC. 141. MODIFICATIONS RELATING HEALTH INSURANCE 
ASSISTANCE FOR CERTAIN TAA AND PBGC 
PENSION RECIPIENTS. 
(a) INCREASE IN CREDIT PERCENTAGE AMOUNT.— 
(1) IN GENERAL.—Subsection (a) of section 35 of 
the Internal Revenue Code of 1986 is amended by 
striking ‘‘65 percent’’ and inserting ‘‘85 percent’’. 
(2) CONFORMING
AMENDMENT.—Subsection (b) 
of section 7527 of such Code is amended by striking 
‘‘65 percent’’ and inserting ‘‘85 percent’’. 
(b) TAA RECIPIENTS RECEIVING UNEMPLOYMENT 
COMPENSATION AND NOT ENROLLED IN TRAINING PRO-
GRAM ELIGIBLE FOR CREDIT.—Paragraph (2) of section 
35(c) of such Code is amended to read as follows: 
‘‘(2) ELIGIBLE TAA RECIPIENT.—The term ‘eligi-
ble TAA recipient’ means, with respect to any month, 
any individual who— 
‘‘(A) is receiving for any day of such month 
a trade readjustment allowance under chapter 2 
of title II of the Trade Act of 1974, or 
‘‘(B) who is receiving unemployment com-
pensation (as defined in section 85) for such 
month and who would be eligible to receive such 
allowance for such month if section 231 of such 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
Act were applied without regard to subsections 
(a)(3)(B) and (a)(5) thereof. 
An individual shall continue to be treated as an eligi-
ble TAA recipient during the first month that such 
individual would otherwise cease to be an eligible 
TAA recipient by reason of the preceding sentence.’’. 
(c) ELIGIBILITY FOR ELIGIBLE INDIVIDUALS MADE 
RETROACTIVE TO TAA-RELATED LOSS OF EMPLOYMENT.— 
Subsection (c) of section 35 of such Code is amended by 
adding at the end the following new paragraph: 
‘‘(5) RETROACTIVE ELIGIBILITY FOR TAA RECIPI-
ENTS.—In the case of any individual who is an eligi-
ble TAA recipient or eligible alternative TAA recipi-
ent for any month, such individual shall be treated as 
an eligible individual for any month which precedes 
such month and which begins after the later of— 
‘‘(A) the date of the separation from em-
ployment which gives rise to such individual 
being an eligible TAA recipient or eligible alter-
native TAA recipient, or 
‘‘(B) December 31, 2007.’’. 
(d) CONTINUED QUALIFICATION OF FAMILY MEMBERS 
AFTER CERTAIN EVENTS.— 
(1) IN GENERAL.—Subsection (g) of section 35 of 
such Code is amended by redesignating paragraph (9) 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
as paragraph (10) and inserting after paragraph (8) 
the following new paragraph: 
‘‘(9) CONTINUED
QUALIFICATION
OF
FAMILY 
MEMBERS AFTER CERTAIN EVENTS.— 
‘‘(A) MEDICARE ELIGIBILITY.—In the case 
of any month which would be an eligible cov-
erage month with respect to an eligible indi-
vidual but for subsection (f)(2)(A), such month 
shall be treated as an eligible coverage month 
with respect to such eligible individual solely for 
purposes of determining the amount of the credit 
under this section with respect to any qualifying 
family members of such individual (and any ad-
vance payment of such credit under section 
7527). This subparagraph shall only apply with 
respect to the first 36 months after such eligible 
individual is first entitled to the benefits de-
scribed in subsection (f)(2)(A). 
‘‘(B) DIVORCE.—In the case of the finaliza-
tion of a divorce between an eligible individual 
and such individual’s spouse, such spouse shall 
be treated as an eligible individual for purposes 
of this section and section 7527 for a period of 
36 months beginning with the date of such final-
ization, except that the only qualifying family 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
members who may be taken into account with re-
spect to such spouse are those individuals who 
were qualifying family members immediately be-
fore such finalization. 
‘‘(C) DEATH.—In the case of the death of 
an eligible individual— 
‘‘(i) any spouse of such individual (de-
termined at the time of such death) shall be 
treated as an eligible individual for pur-
poses of this section and section 7527 for a 
period of 36 months beginning with the date 
of such death, except that the only quali-
fying family members who may be taken 
into account with respect to such spouse are 
those individuals who were qualifying fam-
ily members immediately before such death, 
and 
‘‘(ii) any individual who was a quali-
fying family member of the decedent imme-
diately before such death (or, in the case of 
an individual to whom paragraph (4) ap-
plies, the taxpayer to whom the deduction 
under section 151 is allowable) shall be 
treated as an eligible individual for pur-
poses of this section and section 7527 for a 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
period of 36 months beginning with the date 
of such death, except that in determining 
the amount of such credit only such quali-
fying family member may be taken into ac-
count.’’. 
(2) CONFORMING
AMENDMENT.—Section 173(f) 
of the Workforce Investment Act of 1998 (29 U.S.C. 
2918(f)) is amended by adding at the end the fol-
lowing: 
‘‘(8) CONTINUED
QUALIFICATION
OF
FAMILY 
MEMBERS AFTER CERTAIN EVENTS.— 
‘‘(A) MEDICARE ELIGIBILITY.—In the case 
of any month which would be an eligible cov-
erage month with respect to an eligible indi-
vidual but for paragraph (7)(B)(i), such month 
shall be treated as an eligible coverage month 
with respect to such eligible individual solely for 
purposes of determining the eligibility of quali-
fying family members of such individual under 
this subsection. This subparagraph shall only 
apply with respect to the first 36 months after 
such eligible individual is first entitled to the 
benefits described in paragraph (7)(B)(i). 
‘‘(B) DIVORCE.—In the case of the finaliza-
tion of a divorce between an eligible individual 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
and such individual’s spouse, such spouse shall 
be treated as an eligible individual for purposes 
of this subsection for a period of 36 months be-
ginning with the date of such finalization, except 
that the only qualifying family members who 
may be taken into account with respect to such 
spouse are those individuals who were qualifying 
family members immediately before such final-
ization. 
‘‘(C) DEATH.—In the case of the death of 
an eligible individual— 
‘‘(i) any spouse of such individual (de-
termined at the time of such death) shall be 
treated as an eligible individual for pur-
poses of this subsection for a period of 36 
months beginning with the date of such 
death, except that the only qualifying fam-
ily members who may be taken into account 
with respect to such spouse are those indi-
viduals who were qualifying family mem-
bers immediately before such death, and 
‘‘(ii) any individual who was a quali-
fying family member of the decedent imme-
diately before such death shall be treated as 
an eligible individual for purposes this sub-
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
section for a period of 36 months beginning 
with the date of such death, except that no 
qualifying family members may be taken 
into account with respect to such indi-
vidual.’’. 
(e) MODIFICATION OF CREDITABLE COVERAGE RE-
QUIREMENT.— 
(1) IN GENERAL.—Subparagraph (B) of section 
35(e)(2) of such Code is amended to read as follows: 
‘‘(B) QUALIFYING
INDIVIDUAL.—For pur-
poses of this paragraph, the term ‘qualifying in-
dividual’ means an eligible individual and the 
qualifying family members of such individual if 
such individual meets the requirements of clauses 
(iii) and (iv) of subsection (b)(1)(A) and— 
‘‘(i) in the case of an eligible TAA re-
cipient or an eligible alternative TAA re-
cipient, has (as of the date on which the in-
dividual seeks to enroll in the coverage de-
scribed in subparagraphs (B) through (H) 
of paragraph (1)) a period of creditable cov-
erage (as defined in section 9801(c)), or 
‘‘(ii) in the case of an eligible PBGC 
pension recipient, enrolls in such coverage 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
during the 90-day period beginning on the 
later of— 
‘‘(I) the last day of the first 
month with respect to which such re-
cipient becomes an eligible PBGC pen-
sion recipient, or 
‘‘(II) the date of the enactment of 
this subparagraph.’’. 
(2) CONFORMING
AMENDMENT.—Clause (ii) of 
section 172(f)(2)(B) of the Workforce Investment Act 
of 1998 (29 U.S.C. 2918(f)(2)(B)) is amended to read 
as follows: 
‘‘(ii) QUALIFYING
INDIVIDUAL.—For 
purposes of this subparagraph, the term 
‘qualifying individual’ means an eligible 
individual and the qualifying family mem-
bers of such individual if such individual 
meets the requirements of clauses (iii) and 
(iv) of section 35(b)(1)(A) of the Internal 
Revenue Code of 1986 and— 
‘‘(I) in the case of an eligible TAA 
recipient or an eligible alternative 
TAA recipient, has (as of the date on 
which the individual seeks to enroll in 
the coverage described in clauses (ii) 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
through (viii) of subparagraph (A)) a 
period of creditable coverage (as de-
fined in section 9801(c) of such Code), 
or 
‘‘(II) in the case of an eligible 
PBGC pension recipient, enrolls in 
such coverage during the 90-day period 
beginning on the later of— 
‘‘(aa) the last day of the first 
month with respect to which such 
recipient 
becomes 
an 
eligible 
PBGC pension recipient, or 
‘‘(bb) the date of the enact-
ment of this clause.’’. 
(3) OUTREACH.—The Secretary of the Treasury 
shall carry out a program to notify individuals prior 
to their becoming eligible PBGC pension recipients 
(as defined in section 35 of the Internal Revenue Code 
of 1986) of the requirement of subsection (e)(2)(B)(ii) 
of such section, as added by this subsection. 
(f) TAA PRE-CERTIFICATION PERIOD RULE FOR PUR-
POSES OF DETERMINING WHETHER THERE IS A 63-DAY 
LAPSE IN CREDITABLE COVERAGE.— 
(1) IRC AMENDMENT.—Section 9801(c)(2) of the 
Internal Revenue Code of 1986 (relating to not count-
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
ing periods before significant breaks in creditable cov-
erage) is amended by adding at the end the following 
new subparagraph: 
‘‘(D) TAA-ELIGIBLE INDIVIDUALS.— 
‘‘(i) TAA PRE-CERTIFICATION PERIOD 
RULE.—In the case of a TAA-eligible indi-
vidual, the period beginning on the date the 
individual has a TAA-related loss of cov-
erage and ending on the date which is 5 
days after the postmark date of the notice 
by the Secretary (or by any person or entity 
designated by the Secretary) that the indi-
vidual is eligible for a qualified health in-
surance costs credit eligibility certificate for 
purposes of section 7527 shall not be taken 
into account in determining the continuous 
period under subparagraph (A). 
‘‘(ii) DEFINITIONS.—The terms ‘TAA- 
eligible individual’, and ‘TAA-related loss of 
coverage’ have the meanings given such 
terms in section 4980B(f)(5)(C)(iv).’’. 
(2) ERISA AMENDMENT.—Section 701(c)(2) of 
the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1181(c)(2)) is amended by adding at 
the end the following new subparagraph: 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
‘‘(C) TAA-ELIGIBLE INDIVIDUALS.— 
‘‘(i) TAA PRE-CERTIFICATION PERIOD 
RULE.—In the case of a TAA-eligible indi-
vidual, the period beginning on the date the 
individual has a TAA-related loss of cov-
erage and ending on the date that is 5 days 
after the postmark date of the notice by the 
Secretary (or by any person or entity des-
ignated by the Secretary) that the indi-
vidual is eligible for a qualified health in-
surance costs credit eligibility certificate for 
purposes of section 7527 of the Internal 
Revenue Code of 1986 shall not be taken 
into account in determining the continuous 
period under subparagraph (A). 
‘‘(ii) DEFINITIONS.—The terms ‘TAA- 
eligible individual’, and ‘TAA-related loss of 
coverage’ have the meanings given such 
terms in section 605(b)(4)(c).’’. 
(3) PHSA AMENDMENT.—Section 2701(c)(2) of 
the Public Health Service Act (42 U.S.C. 300gg(c)(2)) 
is amended by adding at the end the following new 
subparagraph: 
‘‘(C) TAA-ELIGIBLE INDIVIDUALS.— 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
‘‘(i) TAA PRE-CERTIFICATION PERIOD 
RULE.—In the case of a TAA-eligible indi-
vidual, the period beginning on the date the 
individual has a TAA-related loss of cov-
erage and ending on the date that is 5 days 
after the postmark date of the notice by the 
Secretary (or by any person or entity des-
ignated by the Secretary) that the indi-
vidual is eligible for a qualified health in-
surance costs credit eligibility certificate for 
purposes of section 7527 of the Internal 
Revenue Code of 1986 shall not be taken 
into account in determining the continuous 
period under subparagraph (A). 
‘‘(ii) DEFINITIONS.—The terms ‘TAA- 
eligible individual’, and ‘TAA-related loss of 
coverage’ have the meanings given such 
terms in section 2205(b)(4)(c).’’. 
(g) RATING SYSTEM REQUIREMENT
FOR CERTAIN 
STATE-BASED COVERAGE.— 
(1) IN GENERAL.—Subparagraph (A) of section 
35(e)(2) of such Code is amended by adding at the 
end the following new clause: 
‘‘(v) RATING SYSTEM REQUIREMENT.— 
In the case of coverage described in para-
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
graph (1)(F)(ii), the premiums for such cov-
erage are restricted, based on a community 
rating system with respect to eligible indi-
viduals and their qualifying family mem-
bers, or based on a rate-band system under 
which the maximum rate which may be 
charged does not exceed 150 percent of the 
standard rate with respect to eligible indi-
viduals and their qualifying family mem-
bers.’’. 
(2) CONFORMING
AMENDMENT.—Clause (i) of 
section 173(f)(2)(B) of the Workforce Investment Act 
of 1998 (29 U.S.C. 2918(f)(2)(B)) is amended by add-
ing at the end the following new subclause: 
‘‘(V) RATING
SYSTEM
REQUIRE-
MENT.—In the case of coverage de-
scribed in subparagraph (A)(vi)(II), 
the premiums for such coverage are re-
stricted, based on a community rating 
system with respect to eligible individ-
uals and their qualifying family mem-
bers, or based on a rate-band system 
under which the maximum rate which 
may be charged does not exceed 150 
percent of the standard rate with re-
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
tion shall apply to months beginning after December 
31, 2007, in taxable years ending after such date. 
(2) 
RATING
SYSTEM
REQUIREMENT.—The 
amendments made by subsection (g) shall apply to 
months beginning after March 31, 2008, in taxable 
years ending after such date. 
(3) DISCRETION TO DELAY EFFECTIVE DATE FOR 
PURPOSES OF ADVANCE PAYMENT PROGRAM.—Solely 
for purposes of carrying out the advance payment 
program under section 7527, the Secretary may pro-
vide that one or more amendments made by sub-
sections (b), (c), and (d) shall not apply to one or 
more months beginning before March 31, 2008, to the 
extent that the Secretary determines that such delay 
is necessary to properly implement any such amend-
ment as part of such program. 
(j) GAO STUDY AND REPORT.— 
(1) STUDY.—The Comptroller General of the 
United States shall conduct a study regarding the 
health insurance tax credit allowed under section 35 
of the Internal Revenue Code of 1986. 
(2) REPORT.—Not later than March 1, 2009, the 
Comptroller General shall submit a report to Congress 
regarding the results of the study conducted under 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
paragraph (1). Such report shall include an analysis 
of— 
(A) the administrative costs— 
(i) of the Federal Government with re-
spect to such credit and the advance pay-
ment of such credit under section 7527 of 
such Code, and 
(ii) of providers of qualified health in-
surance with respect to providing such in-
surance to eligible individuals and their 
qualifying family members, 
(B) the health status and relative risk status 
of eligible individuals and qualifying family 
members covered under such insurance, 
(C) participation in such credit and the ad-
vance payment of such credit by eligible individ-
uals and their qualifying family members, in-
cluding the reasons why such individuals did or 
did not participate and the effect of the amend-
ments made by this section on such participa-
tion, and 
(D) the extent to which eligible individuals 
and their qualifying family members— 
(i) obtained health insurance other 
than qualifying health insurance, or 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
(ii) went without health insurance cov-
erage. 
(3) ACCESS TO RECORDS.—For purposes of con-
ducting the study required under this subsection, the 
Comptroller General and any of his duly authorized 
representatives shall have access to, and the right to 
examine and copy, all documents, records, and other 
recorded information— 
(A) within the possession or control of pro-
viders of qualified health insurance, and 
(B) determined by the Comptroller General 
(or any such representative) to be relevant to the 
study. 
The Comptroller General shall not disclose the iden-
tity of any provider of qualified health insurance or 
any eligible individual in making any information 
obtained under this section available to the public. 
(4) DEFINITIONS.—Any term which is defined in 
section 35 of the Internal Revenue Code of 1986 shall 
have the same meaning when used in this subsection. 
Subtitle E—Wage Insurance 
SEC. 151. REEMPLOYMENT TRADE ADJUSTMENT ASSIST-
ANCE PROGRAM FOR OLDER WORKERS. 
(a) IN GENERAL.—Section 246 of the Trade Act of 
1974 (19 U.S.C. 2318) is amended— 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
(1) by amending the heading to read as follows: 
‘‘REEMPLOYMENT TRADE ADJUSTMENT ASSIST-
ANCE’’; 
(2) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘alter-
native’’ and inserting ‘‘reemployment’’; 
(B) in paragraph (2)(A), by striking ‘‘for a 
period not to exceed 2 years’’ and inserting ‘‘for 
the eligibility period under paragraph (3)(C)’’; 
and 
(C) by striking paragraphs (3) through (5) 
and inserting the following: 
‘‘(3) ELIGIBILITY.— 
‘‘(A) IN GENERAL.—A group of workers cer-
tified under subchapter A as eligible for adjust-
ment assistance under subchapter A is eligible 
for benefits described in paragraph (2) under the 
program established under paragraph (1). 
‘‘(B) INDIVIDUAL
ELIGIBILITY.—A worker 
in a group of workers described in subparagraph 
(A) may elect to receive benefits described in 
paragraph (2) under the program established 
under paragraph (1) if the worker— 
‘‘(i) is at least 50 years of age; 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
‘‘(ii) earns not more than $60,000 each 
year in wages from reemployment; 
‘‘(iii)(I) is employed on a full-time 
basis as defined by State law in the State 
in which the worker is employed; or 
‘‘(II) is employed at least 20 hours per 
week and is enrolled in training approved 
under section 236; and 
‘‘(iv) does not return to the employ-
ment from which the worker was separated. 
In the case of a worker described in clause 
(iii)(II), the percentage referred to in paragraph 
(2)(A) shall be deemed to be a percentage equal 
to 1⁄2 of the ratio of weekly hours of employment 
referred to in clause (iii)(II) to weekly hours of 
employment of that worker at the time of separa-
tion (but not more than 50 percent). 
‘‘(C) 
ELIGIBILITY
PERIOD
FOR
PAY-
MENTS.—A worker in a group of workers de-
scribed in subparagraph (A) may receive pay-
ments described in paragraph (2)(A) under the 
program established under paragraph (1) for a 
period not to exceed 2 years from the date on 
which the worker exhausts all rights to unem-
ployment insurance based on the separation of 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
the worker from adversely affected employment 
or the date on which the worker obtains reem-
ployment, whichever is earlier. 
‘‘(D) TRAINING.—A worker described in 
subparagraph (B) shall be eligible to receive 
training approved under section 236. 
‘‘(4) TOTAL AMOUNT OF PAYMENTS.—The pay-
ments described in paragraph (2)(A) made to a work-
er may not exceed $12,000 per worker during the eli-
gibility period under paragraph (3)(C). 
‘‘(5) LIMITATION ON OTHER BENEFITS.—A work-
er described in paragraph (3) may not receive a trade 
readjustment allowance under part I of subchapter B 
during any week for which the worker receives a pay-
ment described in paragraph (2)(A).’’; and 
(3) in subsection (b)(2), by striking ‘‘subsection 
(a)(3)(B)’’ and inserting ‘‘subsection (a)(3)’’. 
(b) EXTENSION OF PROGRAM.—Subsection (b)(1) of 
such section is amended by striking ‘‘5’’ and inserting ‘‘10’’. 
(c) CLERICAL AMENDMENT.—The table of contents for 
title II of the Trade Act of 1974 is amended by striking 
the item relating to section 246 and inserting the following: 
‘‘Sec. 246. Reemployment trade adjustment assistance program.’’. 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6213
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
‘‘(1) to oversee and implement the administra-
tion of trade adjustment assistance for workers under 
this chapter; and 
‘‘(2) to carry out functions delegated to the Sec-
retary of Labor under this chapter, including— 
‘‘(A) making determinations under section 
223 or 223A; 
‘‘(B) providing information about the pro-
gram and assisting groups of workers and other 
parties to prepare petitions or applications for 
program benefits under section 225; 
‘‘(C) ensuring workers covered by a certifi-
cation receive the employment services described 
in section 235; 
‘‘(D) ensuring States fully comply with 
agreements under section 239; 
‘‘(E) acting as a vigorous advocate for 
workers applying for assistance under this chap-
ter; 
‘‘(F) receiving complaints, grievances, and 
requests for assistance from workers under this 
chapter; 
‘‘(G) establishing and overseeing a hotline 
that workers, employers, and other entities may 
call to obtain information regarding eligibility 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
criteria, procedural requirements, and benefits 
available under this chapter; and 
‘‘(H) carrying out such other duties with re-
spect to this chapter as the President may speci-
fy for purposes of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
title II of the Trade Act of 1974 is amended by inserting 
after the item relating to section 249 the following: 
‘‘Sec. 250. Office of Trade Adjustment Assistance; Deputy Assistant Secretary for 
Trade Adjustment Assistance.’’. 
SEC. 165. COLLECTION OF DATA AND REPORTS; INFORMA-
TION TO WORKERS. 
(a) IN GENERAL.—Subchapter C of chapter 2 of title 
II of the Trade Act of 1974 (19 U.S.C. 2311 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 250A. COLLECTION OF DATA AND REPORTS; INFOR-
MATION TO WORKERS. 
‘‘(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of the Trade and Globalization Assist-
ance Act of 2007, the Secretary shall implement a system 
to collect and publicly disseminate data on all adversely 
affected workers who apply for or receive adjustment assist-
ance under this chapter. 
‘‘(b) DATA TO BE INCLUDED.—The system required 
under subsection (a) shall include collection of the following 
data classified by State, industry, and nationwide totals: 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
‘‘(1) The number of petitions and number of 
workers covered by petitions filed, certified and de-
nied. 
‘‘(2) The date of filing of each petition and the 
date of the determination, and the average processing 
time, by year, on petitions. 
‘‘(3) A breakdown, by the claimed cause of dis-
location, of petitions denied, such as increased im-
ports, shift in production, and other bases for eligi-
bility. 
‘‘(4) A breakdown of the number of certified peti-
tions by the cause of dislocation, such as increase in 
imports, shift in production, and other causes of eligi-
bility for adjustment assistance. 
‘‘(5) The number of workers participating in 
any aspect of the adjustment assistance program 
under this chapter. 
‘‘(6) Reemployment rates and sectors in which 
dislocated workers have been employed after receiving 
adjustment assistance under this chapter. 
‘‘(7) The type of adjustment assistance received 
under this chapter, such as training or education as-
sistance, reemployment adjustment assistance, cash 
benefits, health coverage, and relocation allowances, 
the number of workers receiving each type of assist-
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
ance, and the average duration of time workers re-
ceive each type of assistance. 
‘‘(8) The fields of training or education in which 
workers receiving training or education benefits under 
this chapter are enrolled, the number of workers par-
ticipating in each field, classified by major types of 
training or education. 
‘‘(9) The number of workers leaving training be-
fore completing a course of training or education, 
classified by the cause for early termination. 
‘‘(10) The number of training waivers granted, 
classified by type of waiver. 
‘‘(11) The wages of workers before separation 
and any job obtained after receiving benefits under 
the trade adjustment assistance program under this 
chapter. 
‘‘(12) The average duration of training that was 
completed. 
‘‘(c) REPORT.—Not later than 16 months after the date 
of the enactment of the Trade and Globalization Assistance 
Act of 2007, and annually thereafter, the Secretary shall 
submit to the Committee on Ways and Means of the House 
of Representatives, the Committee on Finance of the Senate, 
and any other congressional committee of appropriate juris-
diction, a report on whether changes to eligibility require-
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
ments, benefits, or training funding under the trade adjust-
ment assistance program under this chapter should be made 
based on the data collected under subsection (b). 
‘‘(d) AVAILABILITY ON WEBSITE OF THE DEPARTMENT 
OF LABOR.—The Secretary shall make the data collected 
under subsection (b) publicly available on the website of the 
Department of Labor, in a searchable format, and shall up-
date the data quarterly.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
title II of the Trade Act of 1974 is amended by inserting 
after the item relating to section 250 (as added by section 
163(b) of this Act) the following: 
‘‘Sec. 250A. Collection of data and reports; information to workers.’’. 
SEC. 166. EXTENSION OF TAA PROGRAM. 
(a) FOR WORKERS.—Section 245(a) of the Trade Act 
of 1974 (19 U.S.C. 2317(a)) is amended by striking ‘‘De-
cember 31, 2007’’ and inserting ‘‘September 30, 2012’’. 
(b) TERMINATION.—Section 285 of the Trade Act of 
1974 (19 U.S.C. 2271 note) is amended by striking ‘‘Decem-
ber 31, 2007’’ each place it appears and inserting ‘‘Sep-
tember 30, 2012’’. 
(c) FOR FARMERS.—Section 298(a) of the Trade Act 
of 1974 (19 U.S.C. 2401g(a)) is amended by adding at the 
end the following: ‘‘There are authorized to be appropriated 
to the Department of Agriculture not to exceed $81,000,000 
for the 9-month period beginning on January 1, 2008, and 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
$90,000,000 for each of the fiscal years 2009 through 2012 
to carry out the purposes of this chapter.’’. 
SEC. 167. JUDICIAL REVIEW. 
Section 284 of the Trade Act of 1974 (19 U.S.C. 2395) 
is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘or 223A’’ after ‘‘223’’; 
and 
(B) by striking ‘‘271’’ and inserting ‘‘273’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) STANDARD
OF REVIEW.—The Court of Inter-
national Trade shall have jurisdiction to review the case 
as provided in section 706 of title 5, Untied States Code. 
The findings of fact by the Secretary of Labor, the Secretary 
of Commerce, or the Secretary of Agriculture, as the case 
may be, must be supported by substantial evidence and 
must be based on a reasonable investigation. The Court of 
International Trade may— 
‘‘(1) remand the case to such Secretary to take 
further evidence; or 
‘‘(2) reverse the action of such Secretary. 
If the case is remanded under paragraph (1), the Secretary 
concerned may make new or modified findings of fact and 
may modify the Secretary’s previous action, and shall cer-
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
cent 12-month period for which data are 
available, have decreased absolutely, or 
‘‘(iv) sales or production, or both, of an 
article or service that accounted for not less 
than 25 percent of the total production or 
sales of the firm during the 36-month period 
preceding the most recent 12-month period 
for which data are available have decreased 
absolutely, and’’; and 
(B) in the matter preceding subparagraph 
(A) of paragraph (2) , by striking ‘‘paragraph 
(1)(C)—’’ and inserting ‘‘paragraph (1)(C):’’; 
and 
(3) by adding at the end the following: 
‘‘(e) BASIS FOR THE DETERMINATION OF THE SEC-
RETARY.— 
‘‘(1) INCREASED IMPORTS.—For purposes of sub-
section (c)(1)(C), the Secretary— 
‘‘(A) may use data from any of the pre-
ceding three calendar years to determine if the 
requirements of such subsection have been met; 
‘‘(B) may determine that increases of im-
ports of like or directly competitive articles or 
services exist if customers accounting for a sig-
nificant percentage of the decrease in the sales of 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
the firm certify to the Secretary that such cus-
tomers are obtaining such articles or services 
from a foreign country; and 
‘‘(C) may, in determining whether increased 
imports of like or directly competitive articles or 
services exist, give special consideration to 
whether it is difficult to demonstrate an increase 
of such imports if the share of such imports rel-
ative to production or consumption in the 
United States of the article produced or service 
provided by the firm concerned is already sig-
nificant. 
‘‘(2) PROCESS
AND
METHODS
FOR
OBTAINING 
CERTIFICATIONS.— 
‘‘(A) REQUEST
BY
PETITIONER.—If re-
quested by a firm, the Secretary shall obtain the 
certifications under paragraph (1)(B) in such 
manner as the Secretary determines is appro-
priate. 
‘‘(B) PROTECTION OF CONFIDENTIAL INFOR-
MATION.—The Secretary may not release infor-
mation obtained under subparagraph (A) that 
the Secretary considers to be confidential busi-
ness information unless the party submitting the 
confidential business information had notice, at 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
the time of submission, that such information 
would be released by the Secretary, or such party 
subsequently consents to the release of the infor-
mation. Nothing in this subparagraph shall be 
construed to prohibit a court from requiring the 
submission of such confidential business infor-
mation to the court in camera. 
‘‘(f) NOTIFICATION TO FIRMS OF AVAILABILITY OF 
BENEFITS.—Upon receiving notice from the Secretary of 
Labor under section 225(c) of the identity of a firm or firms 
that are covered by a certification issued under section 223 
or 223A, the Secretary of Commerce shall notify such firm 
or firms of the availability of adjustment assistance under 
this chapter.’’. 
(b) DEFINITION.—Section 261 of the Trade Act of 1974 
(19 U.S.C. 2351) is amended— 
(1) by striking ‘‘For purposes of’’ and inserting 
‘‘(a) FIRM.—For purposes of’’; and 
(2) by adding at the end the following: 
‘‘(b) SERVICE SECTOR FIRM.—For purposes of this 
chapter, the term ‘service sector firm’ means a firm engaged 
in the business of providing services.’’. 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
SEC. 202. EXTENSION OF AUTHORIZATION OF TRADE AD-
JUSTMENT ASSISTANCE FOR FIRMS. 
Section 256(b) of the Trade Act of 1974 (19 U.S.C. 
2346(b)) is amended— 
(1) by striking ‘‘and $4,000,000 for the 3-month 
period beginning on October 1, 2007,’’ inserting ‘‘and 
$50,000,000 for each of fiscal years 2008 through 
2012,’’ after ‘‘fiscal years 2003 through 2007,’’; and 
(2) by inserting after the first sentence the fol-
lowing: ‘‘Of the amounts appropriated pursuant to 
this subsection for each fiscal year, $350,000 shall be 
available for full-time positions in the Department of 
Commerce to administer the program under this 
chapter.’’. 
SEC. 203. INDUSTRY-WIDE PROGRAMS FOR THE DEVELOP-
MENT OF NEW SERVICES. 
Section 265(a) of the Trade Act of 1974 (19 U.S.C. 
2355(a)) is amended— 
(1) in the first sentence, by striking ‘‘new prod-
uct development’’ and inserting ‘‘the development of 
new products and services’’; and 
(2) in the second sentence, by inserting ‘‘, 223A,’’ 
after ‘‘223’’. 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS
SEC. 
204. 
DEMONSTRATION 
PROJECT 
ON 
STRATEGIC 
TRADE TRANSFORMATION ASSISTANCE. 
(a) IN GENERAL.—Chapter 3 of title II of the Trade 
Act of 1974 (19 U.S.C. 2341 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 266. DEMONSTRATION PROJECT ON STRATEGIC 
TRADE TRANSFORMATION ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary shall conduct a 
demonstration project (in this section referred to as the 
‘project’) to demonstrate a programmatic framework that 
will allow small- and medium-sized manufacturers in the 
United States to gain access to resources that will help them 
better compete domestically and globally. The project should 
include among its primary goals the following: 
‘‘(1) Expanding the number of firms capable of 
taking advantage of a trade remedy program without 
drastically increasing the cost of the remedy to the 
taxpayer. 
‘‘(2) Certifying and providing assistance to ap-
proximately 700 firms. 
‘‘(3) Integrating the benefits of other applicable 
government programs into the project, and making 
benefits from the project subject to that integration. 
‘‘(4) Increasing the number of small- and me-
dium-sized firms that export and increasing the value 
of exports from these firms. 
VerDate Aug 31 2005 
01:01 Oct 30, 2007
Jkt 069200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6203
E:\BILLS\H3920.RH
H3920
cnoel on PRODPC60 with BILLS