I 
110TH CONGRESS 
1ST SESSION 
H. R. 910 
To amend the Trade Act of 1974 to make certain modifications to the 
trade adjustment assistance program. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2007 
Mr. ENGLISH of Pennsylvania introduced the following bill; which was referred 
to the Committee on Ways and Means 
A BILL 
To amend the Trade Act of 1974 to make certain 
modifications to the trade adjustment assistance program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘American Competitiveness and Adjustment Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—TRADE ADJUSTMENT ASSISTANCE 
Sec. 101. Calculation of separation tolled during litigation. 
Sec. 102. Revision of eligibility criteria. 
Sec. 103. Health care tax credit. 
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Sec. 104. Alternative trade adjustment assistance. 
Sec. 105. Training funds. 
Sec. 106. Effective date. 
TITLE II—DATA COLLECTION 
Sec. 201. Data collection; study; information to workers. 
Sec. 202. Determinations by the Secretary of Labor. 
Sec. 203. Effective date. 
TITLE III—INDUSTRY-WIDE CERTIFICATIONS 
Sec. 301. Notification. 
Sec. 302. Other methods of requesting investigation. 
Sec. 303. Industry-Wide determination. 
Sec. 304. Coordination with other trade provisions. 
Sec. 305. Regulations. 
Sec. 306. Effective date. 
TITLE IV—OFFICE OF TRADE ADJUSTMENT ASSISTANCE 
Sec. 401. Office of Trade Adjustment Assistance. 
TITLE V—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS 
Sec. 501. Clarification of marketing year and other provisions. 
Sec. 502. Eligibility. 
Sec. 503. Petition process. 
Sec. 504. Amount of cash benefits. 
Sec. 505. Effective date. 
TITLE VI—TRADE ADJUSTMENT ASSISTANCE FOR FIRMS 
Sec. 601. Modification of eligibility. 
TITLE VII—TRADE ADJUSTMENT ASSISTANCE FOR SERVICE 
WORKERS AND FIRMS 
Sec. 701. Extension of trade adjustment assistance to services sector. 
Sec. 702. Trade adjustment assistance for firms and industries. 
Sec. 703. Monitoring and reporting. 
Sec. 704. Effective date. 
TITLE VIII—AUTHORIZATION OF APPROPRIATIONS 
Sec. 801. Authorization of appropriations for trade adjustment assistance. 
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TITLE I—TRADE ADJUSTMENT 
ASSISTANCE 
SEC. 101. CALCULATION OF SEPARATION TOLLED DURING 
LITIGATION. 
Section 233 of the Trade Act of 1974 (19 U.S.C. 
2293) is amended by adding at the end the following: 
‘‘(h) 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), and an adversely affected worker that 
would otherwise be entitled to a trade readjustment allow-
ance shall not be denied such allowance because of such 
appeal.’’. 
SEC. 102. REVISION OF ELIGIBILITY CRITERIA. 
(a) DOWNSTREAM WORKERS.—Section 222(c)(3) of 
the Trade Act of 1974 (19 (U.S.C. 2272(c)(3)) is amend-
ed by striking ‘‘, if the certification of eligibility’’ and all 
that follows through the end and inserting a period. 
(b) SHIFTS IN PRODUCTION.—Section 222(a)(2)(B) 
of the Trade Act of 1974 (19 (U.S.C. 2272(a)(2)(B)) is 
amended to read as follows: 
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‘‘(B) there has been a shift in production by 
such workers’ firm or subdivision to a foreign coun-
try of articles like or directly competitive with arti-
cles which are produced by such firm or subdivi-
sion.’’. 
SEC. 103. HEALTH CARE TAX CREDIT. 
(a) REMOVAL OF TRAINING REQUIREMENT.—Section 
35(c)(2) of the Internal Revenue Act of 1986 (26 U.S.C. 
35(c)(2)) is amended by striking ‘‘subsection (a)(3)(B)’’ 
and inserting ‘‘subsections (a)(3)(B) and (a)(5)’’. 
(b) PRESUMPTIVE ELIGIBILITY
FOR PETITIONERS 
FOR TRADE ADJUSTMENT ASSISTANCE.— 
(1) IN GENERAL.—Section 35(c) of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new paragraph: 
‘‘(5) PRESUMPTIVE STATUS AS A TAA RECIPI-
ENT.—The term ‘eligible individual’ shall include 
any individual who is covered by a petition filed with 
the Secretary of Labor under section 221 of the 
Trade Act of 1974. This paragraph shall apply to 
any individual only with respect to months which— 
‘‘(A) end after the date that such petition 
is so filed, and 
‘‘(B) begin before the earlier of— 
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(c) CLARIFICATION OF 3-MONTH CREDITABLE COV-
ERAGE REQUIREMENT.— 
(1) 
IN
GENERAL.—Clause 
(i) 
of 
section 
35(e)(2)(B) of the Internal Revenue Code of 1986 is 
amended by inserting ‘‘(prior to the employment 
separation necessary to attain the status of an eligi-
ble individual)’’ after ‘‘9801(c)’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
173(f)(2)(B)(ii)(I) of the Workforce Investment Act 
of 1998 (29 U.S.C. 2918(f)(2)(B)(ii)(I)) is amended 
by inserting ‘‘(prior to the employment separation 
necessary to attain the status of an eligible indi-
vidual)’’ after ‘‘1986’’. 
(d) INCREASE IN TAX CREDIT.—Section 35(a) of the 
Internal Revenue Code of 1986 is amended by striking 
‘‘65 percent’’ and inserting ‘‘75 percent’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to months beginning after the date 
of the enactment of this Act in taxable years ending after 
that date. 
SEC. 104. ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE. 
(a) ELIGIBILITY OF ALL WORKERS; LOWER AGE RE-
QUIREMENT.—Section 246(a)(3) of the Trade Act of 1974 
(19 U.S.C. 2318(a)(3)) is amended to read as follows: 
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‘‘(3) ELIGIBILITY.—A worker in a group that 
the Secretary has certified as eligible to apply for 
adjustment assistance under section 223 may elect 
to receive benefits under the alternative trade ad-
justment assistance program if the worker— 
‘‘(A) obtains reemployment not more than 
26 weeks after the date of separation from the 
adversely affected employment; 
‘‘(B) is at least 40 years of age; 
‘‘(C) earns not more than $50,000 a year 
in wages from reemployment; 
‘‘(D) is employed on a full-time basis as 
defined by State law in the State in which the 
worker is employed; and 
‘‘(E) does not return to the employment 
from which the worker was separated.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Subparagraphs (A) and (B) of section 
246(a)(2) of the Trade Act of 1974 (19 U.S.C. 
2318(a)(2)) are amended by striking ‘‘paragraph 
(3)(B)’’ and inserting ‘‘paragraph (3)’’ each place it 
appears. 
(2) Section 246(b)(2) of that Act is amended by 
striking ‘‘subsection (a)(3)(B)’’ and inserting ‘‘sub-
section (a)(3)’’. 
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(3) Section 35(c)(3)(A) of the Internal Revenue 
Code 
of 
1986 
is 
amended 
by 
striking 
‘‘246(a)(3)(B)’’ and inserting ‘‘246(a)(3)’’. 
SEC. 105. TRAINING FUNDS. 
(a) FUNDING FOR TRAINING.—Section 236(a) of the 
Trade Act of 1974 (19 U.S.C. 2296(a)) is amended— 
(1) in paragraph (1), by striking ‘‘Upon such 
approval’’ and all that follows to the end; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2)(A) Upon approval of a training program 
under paragraph (l), and subject to the limitations 
imposed by this section, an adversely affected worker 
covered by a certification issued under section 223 
shall be eligible to have payment of the costs of that 
training, including any costs of an approved training 
program incurred by a worker before a certification 
was issued under section 223, made on behalf of the 
worker by the Secretary directly or through a vouch-
er system. 
‘‘(B) Not later than 6 months after the date of 
enactment of the American Competitiveness and Ad-
justment Act, the Secretary shall develop and submit 
to Congress for approval a formula that provides 
workers with an individual entitlement for training 
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costs to be administered pursuant to sections 239 
and 240. The formula shall take into account— 
‘‘(i) the number of workers enrolled in 
trade adjustment assistance; 
‘‘(ii) the duration of the assistance; 
‘‘(iii) the anticipated training costs for 
workers; and 
‘‘(iv) any other factors the Secretary deems 
appropriate. 
‘‘(C) Until such time as Congress approves the 
formula, the total amount of payments that may be 
made under subparagraph (A) for any fiscal year 
shall not exceed 50 percent of the amount of trade 
readjustment allowances paid to workers during that 
fiscal year.’’. 
(b) MODIFICATION OF ENROLLMENT DEADLINES.— 
Section 231(a)(5)(A)(ii) of the Trade Act of 1974 (19 
U.S.C. 2291(a)(5)(A)(ii)) is amended— 
(1) in subclause (I), by striking ‘‘16th week’’ 
and inserting ‘‘32nd week’’; and 
(2) in subclause (II), by striking ‘‘8th week’’ 
and inserting ‘‘16th week’’. 
(c) 
APPROVED
TRAINING
PROGRAMS.—Section 
236(a)(5) of the Trade Act of 1974 (19 U.S.C. 
2296(a)(5)) is amended— 
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(1) by striking ‘‘and’’ at the end of subpara-
graph (E); 
(2) by redesignating subparagraph (F) as sub-
paragraph (G); and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) entrepreneurial training; and’’. 
SEC. 106. EFFECTIVE DATE. 
Except as provided in section 103(e), the amend-
ments made by this title take effect on the date that is 
60 days after the date of the enactment of this Act and 
apply to petitions filed or recertified on or after that effec-
tive date. 
TITLE II—DATA COLLECTION 
SEC. 201. DATA COLLECTION; STUDY; INFORMATION TO 
WORKERS. 
(a) DATA COLLECTION; EVALUATIONS.—Subchapter 
C of chapter 2 of title II of the Trade Act of 1974 is 
amended by inserting after section 249 the following new 
section: 
‘‘SEC. 250. DATA COLLECTION; EVALUATIONS; REPORTS. 
‘‘(a) DATA COLLECTION.—The Secretary shall, pur-
suant to regulations prescribed by the Secretary, collect 
any data necessary to meet the requirements of this chap-
ter. 
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