‘‘(b) PERFORMANCE EVALUATIONS.—The Secretary 
shall establish an effective performance measuring system 
to evaluate the following: 
‘‘(1) PROGRAM PERFORMANCE.—A comparison 
of the trade adjustment assistance program before 
and after the effective date of the Trade Adjustment 
Assistance Reform Act of 2002 with respect to— 
‘‘(A) the number of workers certified and 
the number of workers actually participating in 
the trade adjustment assistance program; 
‘‘(B) the time for processing petitions; 
‘‘(C) the number of training waivers grant-
ed; 
‘‘(D) the coordination of programs under 
this chapter with programs under the Work-
force Investment Act of 1998 (29 U.S.C. 2801 
et seq.); 
‘‘(E) the effectiveness of individual train-
ing providers in providing appropriate informa-
tion and training; 
‘‘(F) the extent to which States have de-
signed and implemented health care coverage 
options under title II of the Trade Act of 2002, 
including any difficulties States have encoun-
tered in carrying out the provisions of title II; 
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‘‘(G) how Federal, State, and local officials 
are implementing the trade adjustment assist-
ance program to ensure that all eligible individ-
uals receive benefits, including providing out-
reach, rapid response, and other activities; and 
‘‘(H) any other data necessary to evaluate 
how individual States are implementing the re-
quirements of this chapter. 
‘‘(2) PROGRAM PARTICIPATION.—The effective-
ness of the program relating to— 
‘‘(A) the number of workers receiving ben-
efits and the type of benefits being received 
both before and after the effective date of the 
Trade Adjustment Assistance Reform Act of 
2002; 
‘‘(B) the number of workers enrolled in, 
and the duration of, training by major types of 
training both before and after the effective date 
of the Trade Adjustment Assistance Reform 
Act of 2002; 
‘‘(C) earnings history of workers that re-
flects wages before separation and wages in any 
job obtained after receiving benefits under this 
Act; 
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‘‘(D) reemployment rates and sectors in 
which dislocated workers have been employed; 
‘‘(E) the cause of dislocation identified in 
each petition that resulted in a certification 
under this chapter; and 
‘‘(F) the number of petitions filed and 
workers certified in each congressional district 
of the United States. 
‘‘(c) STATE PARTICIPATION.—The Secretary shall 
ensure, to the extent practicable, through oversight and 
effective internal control measures the following: 
‘‘(1) STATE PARTICIPATION.—Participation by 
each State in the performance measurement system 
established under subsection (b) and shall provide 
incentives for States to supplement employment and 
wage data obtained through the use of unemploy-
ment insurance wage records. 
‘‘(2) MONITORING.—Monitoring by each State 
of internal control measures with respect to perform-
ance measurement data collected by each State. 
‘‘(3) RESPONSE.—The quality and speed of the 
rapid response provided by each State under section 
134(a)(2)(A) of the Workforce Investment Act of 
1998 (29 U.S.C. 2864(a)(2)(A)). 
‘‘(d) REPORTS.— 
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‘‘(1) REPORTS BY THE SECRETARY.— 
‘‘(A) INITIAL REPORT.—Not later than 6 
months after the date of enactment of the 
American Competitiveness and Adjustment Act, 
the Secretary shall submit to the Committee on 
Finance of the Senate and the Committee on 
Ways and Means of the House of Representa-
tives a report that— 
‘‘(i) describes the performance meas-
urement system established under sub-
section (b); 
‘‘(ii) includes analysis of data col-
lected through the system established 
under subsection (b); and 
‘‘(iii) provides recommendations for 
program improvements. 
‘‘(B) ANNUAL REPORT.—Not later than 1 
year after the date the report is submitted 
under subparagraph (A), and annually there-
after, the Secretary shall submit to the Com-
mittee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of 
Representatives and release to the public a re-
port that includes the information collected 
under clause (ii) of subparagraph (A). 
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‘‘(2) STATE REPORTS.—Pursuant to regulations 
prescribed by the Secretary, each State shall submit 
to the Secretary a report that details its participa-
tion in the programs established under this chapter, 
and that contains the data necessary to allow the 
Secretary to submit the report required under para-
graph (1). 
‘‘(3) PUBLICATION.—The Secretary shall make 
available to each State, to Congress, and to the pub-
lic, the data gathered and evaluated through the per-
formance measurement system established under 
subsection (b).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) COORDINATION.—Section 281 of the Trade 
Act of 1974 (19 U.S.C. 2392) is amended by strik-
ing ‘‘Departments of Labor and Commerce’’ and in-
serting ‘‘Departments of Labor, Commerce, and Ag-
riculture’’. 
(2) TRADE MONITORING SYSTEM.—Section 282 
of the Trade Act of 1974 (19 U.S.C. 2393) is 
amended by striking ‘‘The Secretary of Commerce 
and the Secretary of Labor’’ and inserting ‘‘The 
Secretaries of Commerce, Labor, and Agriculture’’. 
(3) TABLE OF CONTENTS.—The table of con-
tents for title II of the Trade Act of 1974 is amend-
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ed by inserting after the item relating to section 249 
the following new item: 
‘‘Sec. 250. Data collection; evaluations; reports.’’. 
SEC. 202. DETERMINATIONS BY THE SECRETARY OF LABOR. 
Section 223(c) of the Trade Act of 1974 (19 U.S.C. 
2273(c)) is amended to read as follows: 
‘‘(c) PUBLICATION
OF
DETERMINATIONS.—Upon 
reaching a determination on a petition, the Secretary 
shall— 
‘‘(1) promptly publish a summary of the deter-
mination in the Federal Register, together with the 
Secretary’s reasons for making such determination; 
and 
‘‘(2) make the full text of the determination 
available to the public on the Internet website of the 
Department of Labor, with full-text searchability.’’. 
SEC. 203. EFFECTIVE DATE. 
The amendments made by this title take effect on the 
date that is 60 days after the date of the enactment of 
this Act. 
TITLE III—INDUSTRY-WIDE 
CERTIFICATIONS 
SEC. 301. NOTIFICATION. 
Section 224 of the Trade Act of 1974 (19 U.S.C. 
2274) is amended to read as follows: 
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‘‘SEC. 224. NOTIFICATIONS REGARDING AFFIRMATIVE DE-
TERMINATIONS AND SAFEGUARDS. 
‘‘(a) NOTIFICATIONS REGARDING CHAPTER 1 INVES-
TIGATIONS AND DETERMINATIONS.—Whenever the Inter-
national Trade Commission (in this chapter referred to as 
the ‘Commission’) makes a report under section 202(f) 
containing an affirmative finding regarding serious injury, 
or the threat thereof, to a domestic industry, the Commis-
sion shall immediately— 
‘‘(1) notify the Secretary of Labor of that find-
ing; and 
‘‘(2) in the case of a finding with respect to an 
agricultural commodity, as defined in section 291, 
notify the Secretary of Agriculture of that finding. 
‘‘(b) NOTIFICATION REGARDING BILATERAL SAFE-
GUARDS.—The Commission shall immediately notify the 
Secretary of Labor and, in an investigation with respect 
to an agricultural commodity, the Secretary of Agri-
culture, whenever the Commission makes an affirmative 
determination pursuant to one of the following provisions: 
‘‘(1) Section 421 of the Trade Act of 1974 (19 
U.S.C. 2451). 
‘‘(2) Section 312 of the Dominican Republic- 
Central America-United States Free Trade Agree-
ment Implementation Act (19 U.S.C. 3805 note). 
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‘‘(3) Section 312 of the United States-Oman 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(4) Section 312 of the United States-Australia 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(5) Section 312 of the United States-Morocco 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(6) Section 312 of the United States-Singa-
pore Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(7) Section 312 of the United States-Chile 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(8) Section 302(b) of the North American 
Free Trade Agreement Implementation Act (19 
U.S.C. 3352(b)). 
‘‘(9) Section 212 of the United States-Jordan 
Free Trade Agreement Implementation Act (19 
U.S.C. 2112). 
‘‘(10) A comparable provision in any other leg-
islation implementing a free trade agreement be-
tween the United States and one or more other 
countries. 
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‘‘(c) AGRICULTURAL SAFEGUARDS.—The Commis-
sioner of Customs shall immediately notify the Secretary 
of Labor and, in the case of an agricultural commodity, 
the Secretary of Agriculture, whenever the Commissioner 
of Customs assesses additional duties on a product pursu-
ant to one of the following provisions: 
‘‘(1) Section 202 of the Dominican Republic- 
Central America-United States Free Trade Agree-
ment Implementation Act (19 U.S.C. 3805 note). 
‘‘(2) Section 202 of the United States-Australia 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(3) Section 202 of the United States-Morocco 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(4) Section 201(c) of the United States-Chile 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(5) Section 309 of the North American Free 
Trade Agreement Implementation Act (19 U.S.C. 
3358). 
‘‘(6) Section 301(a) of the United States-Can-
ada Free Trade Agreement Implementation Act of 
1988 (19 U.S.C. 2112 note). 
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‘‘(7) Section 404 of the United States-Israel 
Free Trade Agreement Implementation Act (19 
U.S.C. 2112 note). 
‘‘(8) A comparable provision in any other legis-
lation implementing a free trade agreement between 
the United States and one or more other countries. 
‘‘(d) TEXTILE SAFEGUARDS.—The President shall 
immediately notify the Secretary of Labor whenever the 
President makes a positive determination pursuant to one 
of the following provisions: 
‘‘(1) Section 322 of the Dominican Republic- 
Central America-United States Free Trade Agree-
ment Implementation Act (19 U.S.C. 3805 note). 
‘‘(2) Section 322 of the United States-Oman 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(3) Section 322 of the United States-Australia 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(4) Section 322 of the United States-Morocco 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(5) Section 322 of the United States-Chile 
Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
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‘‘(6) Section 322 of the United States-Singa-
pore Free Trade Agreement Implementation Act (19 
U.S.C. 3805 note). 
‘‘(7) A comparable provision in any other legis-
lation implementing a free trade agreement between 
the United States and one or more other countries. 
‘‘(e) ANTIDUMPING
AND
COUNTERVAILING
DU-
TIES.—Whenever the Commission makes a final affirma-
tive determination pursuant to section 705 or section 735 
of the Tariff Act of 1930 (19 U.S.C. 1671d or 1673d), 
the Commission shall immediately notify the Secretary of 
Labor and, in the case of an agricultural commodity, the 
Secretary of Agriculture, of that determination.’’. 
SEC. 302. OTHER METHODS OF REQUESTING INVESTIGA-
TION. 
Section 221 of the Trade Act of 1974 (19 U.S.C. 
2271) is amended— 
(1) by adding at the end the following: 
‘‘(c) OTHER METHODS OF INITIATING A PETITION.— 
Upon the request of the President or the United States 
Trade Representative, or the resolution of either the Com-
mittee on Ways and Means of the House of Representa-
tives or the Committee on Finance of the Senate, the Sec-
retary shall promptly initiate an investigation under this 
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chapter to determine the eligibility for adjustment assist-
ance of— 
‘‘(1) a group of workers (which may include 
workers from more than one facility or employer); or 
‘‘(2) all workers in an occupation as that occu-
pation is defined in the Bureau of Labor Statistics 
Standard Occupational Classification System.’’; 
(2) in subsection (a)(2), by inserting ‘‘or a re-
quest or resolution filed under subsection (c),’’ after 
‘‘paragraph (1),’’; and 
(3) in subsection (a)(3), by inserting ‘‘, request, 
or resolution’’ after ‘‘petition’’ each place it appears. 
SEC. 303. INDUSTRY-WIDE DETERMINATION. 
Section 223 of the Trade Act of 1974 (19 U.S.C. 
2273) is amended by adding at the end the following: 
‘‘(e) INVESTIGATION REGARDING INDUSTRY-WIDE 
CERTIFICATION.—If the Secretary receives a request or 
a resolution under section 221(c) on behalf of workers in 
a domestic industry or occupation (described in section 
221(c)(2)) or receives 3 or more petitions under section 
221(a) within a 180-day period on behalf of groups of 
workers in a domestic industry or occupation, the Sec-
retary shall make an industry-wide determination under 
subsection (a) of this section with respect to the domestic 
industry or occupation in which the workers are or were 
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employed. If the Secretary does not make certification 
under the preceding sentence, the Secretary shall make 
a determination of eligibility under subsection (a) with re-
spect to each group of workers in that domestic industry 
or occupation from which a petition was received.’’. 
SEC. 304. COORDINATION WITH OTHER TRADE PROVI-
SIONS. 
(a) INDUSTRY-WIDE
CERTIFICATION
BASED
ON 
GLOBAL SAFEGUARDS.— 
(1) RECOMMENDATIONS BY ITC.— 
(A) Section 202(e)(2)(D) of the Trade Act 
of 1974 (19 U.S.C. 2252(e)(2)(D)) is amended 
by striking ‘‘, including the provision of trade 
adjustment assistance under chapter 2’’. 
(B) Section 203(a)(3)(D) of the Trade Act 
of 1974 (19 U.S.C. 2253(a)(3)(D)) is amended 
by striking ‘‘, including the provision of trade 
adjustment assistance under chapter 2’’. 
(2) 
ASSISTANCE
FOR
WORKERS.—Section 
203(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 
2253(a)(1)(A)) is amended to read as follows: 
‘‘(1)(A) After receiving a report under section 
202(f) containing an affirmative finding regarding 
serious injury, or the threat thereof, to a domestic 
industry— 
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‘‘(i) the President shall take all appro-
priate and feasible action within his power; and 
‘‘(ii)(I) the Secretary of Labor shall certify 
as eligible to apply for adjustment assistance 
under section 223 workers employed in the do-
mestic industry defined by the Commission if 
such workers become totally or partially sepa-
rated, or are threatened to become totally or 
partially separated, not earlier than 1 year be-
fore, or not later than 1 year after, the date on 
which the Commission made its report to the 
President under section 202(f); and 
‘‘(II) in the case of a finding with respect 
to an agricultural commodity as defined in sec-
tion 291, the Secretary of Agriculture shall cer-
tify as eligible to apply for adjustment assist-
ance under section 293 agricultural commodity 
producers employed in the domestic production 
of the agricultural commodity that is the sub-
ject of the finding during the most recent mar-
keting year.’’. 
(b) INDUSTRY-WIDE CERTIFICATION BASED ON BI-
LATERAL SAFEGUARD PROVISIONS OR ANTIDUMPING OR 
COUNTERVAILING DUTY ORDERS.— 
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(1) IN GENERAL.—Subchapter A of chapter 2 
of title II of the Trade Act of 1974 (19 U.S.C. 2271 
et seq.) is amended by inserting after section 224 
the following new section: 
‘‘SEC. 224A. INDUSTRY-WIDE CERTIFICATION WHEN BILAT-
ERAL SAFEGUARD PROVISIONS INVOKED OR 
ANTIDUMPING OR COUNTERVAILING DUTIES 
IMPOSED. 
‘‘(a) MANDATORY CERTIFICATION.—Not later than 
10 days after the date on which the Secretary of Labor 
receives a notification with respect to the imposition of a 
trade remedy, safeguard determination, or antidumping or 
countervailing duty determination under section 224 (a), 
(b), (c), (d), or (e), the Secretary shall certify as eligible 
for trade adjustment assistance under section 223(a) 
workers employed in the domestic production of the article 
that is the subject of the trade remedy, safeguard deter-
mination, or antidumping or countervailing duty deter-
mination, as the case may be, if such workers become to-
tally or partially separated, or are threatened to become 
totally or partially separated, not more than 1 year before 
or not more than 1 year after the applicable date. 
‘‘(b) APPLICABLE DATE.—In this section, the term 
‘applicable date’ means— 
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‘‘(1) the date on which the affirmative or posi-
tive determination or finding is made in the case of 
a notification under section 224 (a), (b), or (d); 
‘‘(2) the date on which a final determination is 
made in the case of a notification under section 
224(e); or 
‘‘(3) the date on which additional duties are as-
sessed in the case of a notification under section 
224(c).’’. 
(2) AGRICULTURAL COMMODITY PRODUCERS.— 
Chapter 6 of title II of the Trade Act of 1974 (19 
U.S.C. 2401 et seq.) is amended by striking section 
294 and inserting the following: 
‘‘SEC. 294. INDUSTRY-WIDE CERTIFICATION FOR AGRICUL-
TURAL 
COMMODITY 
PRODUCERS 
WHERE 
SAFEGUARD PROVISIONS INVOKED OR ANTI-
DUMPING OR COUNTERVAILING DUTIES IM-
POSED. 
‘‘(a) IN GENERAL.—Not later than 10 days after the 
date on which the Secretary of Agriculture receives a noti-
fication with respect to the imposition of a trade remedy, 
safeguard determination, or antidumping or counter-
vailing duty determination under section 224 (b), (c), or 
(e), the Secretary shall certify as eligible for trade adjust-
ment assistance under section 293(a) agricultural com-
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modity producers employed in the domestic production of 
the agricultural commodity that is the subject of the trade 
remedy, safeguard determination, or antidumping or coun-
tervailing duty determination, as the case may be, during 
the most recent marketing year. 
‘‘(b) APPLICABLE DATE.—In this section, the term 
‘applicable date’ means— 
‘‘(1) the date on which the affirmative or posi-
tive determination or finding is made in the case of 
a notification under section 224(b); 
‘‘(2) the date on which a final determination is 
made in the case of a notification under section 
224(e); or 
‘‘(3) the date on which additional duties are as-
sessed in the case of a notification under section 
224(c).’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
The table of contents for title II of the Trade Act of 1974 
is amended— 
(1) by striking the item relating to section 224 
and inserting the following: 
‘‘Sec. 224. Notifications regarding affirmative determinations and safeguards.’’; 
(2) by inserting after the item relating to sec-
tion 224 the following: 
‘‘Sec. 224A. Industry-wide certification based on bilateral safeguard provisions 
invoked or antidumping or countervailing duties imposed.’’; 
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and 
(3) by striking the item relating to section 294 
and inserting the following: 
‘‘Sec. 294. Industry-wide certification for agricultural commodity producers 
where safeguard provisions invoked or antidumping or counter-
vailing duties imposed.’’. 
SEC. 305. REGULATIONS. 
The Secretary of the Treasury, the Secretary of Agri-
culture, the Secretary of Labor, and the International 
Trade Commission may promulgate such regulations as 
may be necessary to carry out the amendments made by 
this title. 
SEC. 306. EFFECTIVE DATE. 
The amendments 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 effective date. 
TITLE IV—OFFICE OF TRADE 
ADJUSTMENT ASSISTANCE 
SEC. 401. OFFICE OF TRADE ADJUSTMENT 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 in-
serting after section 255 the following new section: 
‘‘SEC. 255A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE. 
‘‘(a) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of the American Competitiveness 
and Adjustment Act, there shall be established in the 
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International Trade Administration of the Department of 
Commerce an Office of Trade Adjustment Assistance. 
‘‘(b) PERSONNEL.—The Office shall be headed by a 
Director, and shall have such staff as may be necessary 
to carry out the responsibilities of the Secretary of Com-
merce described in this chapter. 
‘‘(c) FUNCTIONS.—The Office shall assist the Sec-
retary of Commerce in carrying out the Secretary’s re-
sponsibilities under this chapter.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Trade Act of 1974 is amended by inserting 
after the item relating to section 255 the following new 
item: 
‘‘Sec. 255A. Office of Trade Adjustment Assistance.’’. 
TITLE V—TRADE ADJUSTMENT 
ASSISTANCE FOR FARMERS 
SEC. 501. CLARIFICATION OF MARKETING YEAR AND 
OTHER PROVISIONS. 
(a) IN GENERAL.—Section 291(5) of the Trade Act 
of 1974 (19 U.S.C. 2401(5)) is amended by inserting be-
fore the end period the following: ‘‘, or in the case of an 
agricultural commodity that has no officially designated 
marketing year, in a 12-month period for which the peti-
tioner provides written request’’. 
(b) FISHERMEN.—Notwithstanding any other provi-
sion of law, for purposes of chapter 2 of title II of the 
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Trade Act of 1974 (19 U.S.C. 2271 et seq.) fishermen 
who harvest wild stock shall be eligible for adjustment as-
sistance to the same extent and in the same manner as 
a group of workers under such chapter 2. 
SEC. 502. ELIGIBILITY. 
(a) IN GENERAL.—Section 292(c)(1) of the Trade 
Act of 1974 (19 U.S.C. 2401a(c)(1)) is amended by strik-
ing ‘‘80 percent’’ and inserting ‘‘90 percent’’. 
(b) NET FARM INCOME.—Section 296(a)(1)(C) of 
the Trade Act of 1974 (19 U.S.C. 2401e(a)(1)(C)) is 
amended by inserting before the end period the following: 
‘‘or the producer had no positive net farm income for the 
2 most recent consecutive years in which no adjustment 
assistance was received by the producer under this chap-
ter’’. 
SEC. 503. PETITION PROCESS. 
Section 293 of the Trade Act of 1974 (19 U.S.C. 
2401c) is amended by adding at the end the following: 
‘‘(d) ADDITION OF COMMODITY PRODUCERS TO PE-
TITION.—At any time after a petition is filed under section 
292 by a group of agricultural commodity producers, in-
cluding after the Secretary issues a certification of eligi-
bility under subsection (a) to a group of agricultural pro-
ducers, any other producer of that agricultural commodity 
may elect to join the group of producers who filed the peti-
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tion. Any producer who makes an election under the pre-
ceding sentence is eligible for assistance under this chap-
ter to the same extent as the producers who filed the peti-
tion. 
‘‘(e) AMENDMENT OF PETITION.—In any case in 
which the Secretary issues a certification of eligibility 
under subsection (a) pursuant to a petition filed under 
section 292, the group of producers of an agricultural 
commodity to whom the certification applies may there-
after amend the petition to modify the countries described 
in section 292(c)(2) or to modify the heading or sub-
heading under which the agricultural commodity is classi-
fied under the Harmonized Tariff Schedule of the United 
States.’’. 
SEC. 504. AMOUNT OF CASH BENEFITS. 
Section 296(b)(1) of the Trade Act of 1974 (19 
U.S.C. 2401e(b)(1)) is amended to read as follows: 
‘‘(1) IN GENERAL.—Subject to the provisions of 
section 298, an adversely affected agricultural com-
modity producer described in subsection (a) shall be 
entitled to adjustment assistance under this chapter 
as follows: 
‘‘(A) COMMODITIES
RECEIVING
ASSIST-
ANCE.— 
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‘‘(i) IN GENERAL.—If the agricultural 
commodity with respect to which the cer-
tification under this chapter applies is de-
scribed in clause (ii), the adversely affected 
agricultural commodity producer shall be 
entitled to adjustment assistance under 
this chapter in an amount equal to the 
product of— 
‘‘(I) one-half of the difference be-
tween— 
‘‘(aa) an amount equal to 80 
percent of the average of the na-
tional average price of the agri-
cultural commodity covered by 
the application described in sub-
section (a) for the 5 marketing 
years preceding the most recent 
marketing year, and 
‘‘(bb) the national average 
price of the agricultural com-
modity for the most recent mar-
keting year, and 
‘‘(II) the amount of the agricul-
tural commodity produced by the agri-
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cultural commodity producer in the 
most recent marketing year. 
‘‘(ii) AGRICULTURAL
COMMODITIES 
DESCRIBED.—An agricultural commodity 
is described in this clause if it is— 
‘‘(I) a covered commodity for 
purposes of section 1103 or 1104 of 
the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 7913, 
7914); 
‘‘(II) a loan commodity for pur-
poses of section 1202 of that Act (7 
U.S.C. 7932); or 
‘‘(III) a product eligible for as-
sistance under subtitle C, D, or E of 
title I of that Act, or the amendments 
made by any such subtitle. 
‘‘(B) OTHER COMMODITIES.—If the agri-
cultural commodity with respect to which the 
certification under this chapter applies is not 
covered under subparagraph (A), the adversely 
affected agricultural commodity producer shall 
be entitled to adjustment assistance under this 
chapter in an amount equal to the product of— 
‘‘(i) the difference between— 
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‘‘(I) an amount equal to 80 per-
cent of the average of the national av-
erage price of the agricultural com-
modity covered by the application de-
scribed in subsection (a) for the 5 
marketing years preceding the most 
recent marketing year, and 
‘‘(II) the national average price 
of the agricultural commodity for the 
most recent marketing year, and 
‘‘(ii) the amount of the agricultural 
commodity produced by the agricultural 
commodity producer in the most recent 
marketing year.’’. 
SEC. 505. EFFECTIVE DATE. 
The amendments made by this title apply to petitions 
filed or recertified under chapter 6 of title II of the Trade 
Act of 1974 on or after January 1, 2007. 
TITLE VI—TRADE ADJUSTMENT 
ASSISTANCE FOR FIRMS 
SEC. 601. MODIFICATION OF ELIGIBILITY. 
Section 251(c) of the Trade Act of 1974 (19 U.S.C. 
2341(c)) is amended— 
(1) in paragraph (1)(B)(ii) by striking ‘‘sales or 
production, or both, of an article that accounted for 
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not less than 25 percent of the total production or 
sales of the firm during the 12-month period pre-
ceding the most recent 12-month period for which 
data are available have decreased absolutely’’ and in-
serting ‘‘average monthly sales or production, or 
both, during the 60-month period preceding the 
most recent 12-month period for which data are 
available, of an article that accounted, during such 
60-month period, for not less than 25 percent of the 
total production or sales of the firm, have decreased 
absolutely’’; 
(2) in paragraph (1)(C)— 
(A) by striking ‘‘increases of’’; and 
(B) by striking ‘‘importantly’’; and 
(3) in paragraph (2), by striking subparagraph 
(A) and inserting the following: 
‘‘(A) If imports of articles like or directly com-
petitive with articles which are produced by the firm 
concerned exceed 65 percent of the market for such 
articles in the United States, the Secretary shall give 
substantially greater weight to the factors set forth 
in subparagraphs (A) and (B) of paragraph (1) than 
to that set forth in subparagraph (C) of paragraph 
(1).’’. 
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TITLE VII—TRADE ADJUSTMENT 
ASSISTANCE 
FOR 
SERVICE 
WORKERS AND FIRMS 
SEC. 701. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE 
TO SERVICES SECTOR. 
(a) ADJUSTMENT ASSISTANCE FOR WORKERS.—Sec-
tion 221(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 
2271(a)(1)(A)) is amended by striking ‘‘firm)’’ and insert-
ing ‘‘firm, and workers in a service sector firm or subdivi-
sion of a service sector firm or public agency)’’. 
(b) GROUP ELIGIBILITY REQUIREMENTS.—Section 
222 of the Trade Act of 1974 (19 U.S.C. 2272) is amend-
ed— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘agricultural firm)’’ and inserting 
‘‘agricultural firm, and workers in a service sec-
tor firm or subdivision of a service sector firm 
or public agency)’’; 
(B) in paragraph (1), by inserting ‘‘or 
public agency’’ after ‘‘of the firm’’; and 
(C) in paragraph (2)— 
(i) in subparagraph (A)(ii), by strik-
ing ‘‘like or directly competitive with arti-
cles produced’’ and inserting ‘‘or services 
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like or directly competitive with articles 
produced or services provided’’; and 
(ii) by amending subparagraph (B) 
(as amended by section 102(b) of this Act) 
to read as follows: 
‘‘(B)(i) there has been a shift, by such workers’ 
firm, subdivision, or public agency to a foreign coun-
try, of production of articles, or in provision of serv-
ices, like or directly competitive with articles which 
are produced, or services which are provided, by 
such firm, subdivision, or public agency; or 
‘‘(ii) such workers’ firm, subdivision, or public 
agency has obtained or is likely to obtain such serv-
ices from a foreign country.’’; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘agricultural firm)’’ and inserting 
‘‘agricultural firm, and workers in a service sec-
tor firm or subdivision of a service sector firm 
or public agency)’’; 
(B) in paragraph (2), by inserting ‘‘or 
service’’ after ‘‘related to the article’’; and 
(C) in paragraph (3)(A), by inserting ‘‘or 
services’’ after ‘‘component parts’’; 
(3) in subsection (c)— 
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(A) in paragraph (3)— 
(i) by inserting ‘‘or services’’ after 
‘‘value-added production processes’’; 
(ii) by striking ‘‘or finishing’’ and in-
serting ‘‘, finishing, or testing’’; 
(iii) by inserting ‘‘or services’’ after 
‘‘for articles’’; and 
(iv) by inserting ‘‘(or subdivision)’’ 
after ‘‘such other firm’’; and 
(B) in paragraph (4)— 
(i) by striking ‘‘for articles’’ and in-
serting ‘‘, or services, used in the produc-
tion of articles or in the provision of serv-
ices’’; and 
(ii) by inserting ‘‘(or subdivision)’’ 
after ‘‘such other firm’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(d) BASIS FOR SECRETARY’S DETERMINATIONS.— 
‘‘(1) INCREASED IMPORTS OF SERVICES.—For 
purposes of subsection (a)(2)(A)(ii), the Secretary 
may determine that increased imports of like or di-
rectly competitive services exist if the workers’ firm 
or subdivision or customers of the workers’ firm or 
subdivision accounting for not less than 20 percent 
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of the sales of the workers’ firm or subdivision cer-
tify to the Secretary that they are obtaining such 
services from a foreign country. 
‘‘(2) OBTAINING SERVICES ABROAD.—For pur-
poses of subsection (a)(2)(B)(ii), the Secretary may 
determine that the workers’ firm, subdivision, or 
public agency has obtained or is likely to obtain like 
or directly competitive services from a foreign coun-
try based on a certification thereof from the work-
ers’ firm, subdivision, or public agency. 
‘‘(3) AUTHORITY
OF
THE
SECRETARY.—The 
Secretary may obtain the certifications under para-
graphs (1) and (2) through questionnaires or in 
such other manner as the Secretary determines is 
appropriate.’’. 
(c) DEFINITIONS.—Section 247 of the Trade Act of 
1974 (19 U.S.C. 2319) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘or public agency’’ after 
‘‘of a firm’’; and 
(B) by inserting ‘‘or public agency’’ after 
‘‘or subdivision’’; 
(2) in paragraph (2)(B), by inserting ‘‘or public 
agency’’ after ‘‘the firm’’; 
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(3) by redesignating paragraphs (8) through 
(17) as paragraphs (9) through (18), respectively; 
and 
(4) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) The term ‘public agency’ means a depart-
ment or agency of a State or local government or of 
the Federal Government. 
‘‘(8) The term ‘service sector firm’ means an 
entity engaged in the business of providing serv-
ices.’’. 
(d) TECHNICAL AMENDMENT.—Section 245(a) of the 
Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by 
striking ‘‘, other than subchapter D’’. 
SEC. 702. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS 
AND INDUSTRIES. 
(a) FIRMS.— 
(1) ASSISTANCE.—Section 251 of the Trade 
Act of 1974 (19 U.S.C. 2341) is amended— 
(A) in subsection (a), by inserting ‘‘or 
service sector firm’’ after ‘‘(including any agri-
cultural firm’’; 
(B) in subsection (c)(1)— 
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(i) in the matter preceding subpara-
graph (A), by inserting ‘‘or service sector 
firm’’ after ‘‘any agricultural firm’’; 
(ii) in subparagraph (B)(ii), by insert-
ing ‘‘or service’’ after ‘‘of an article’’; and 
(iii) in subparagraph (C), by striking 
‘‘articles like or directly competitive with 
articles which are produced’’ and inserting 
‘‘articles or services like or directly com-
petitive with articles or services which are 
produced or provided’’; and 
(C) by adding at the end the following: 
‘‘(e) BASIS FOR SECRETARY DETERMINATION.— 
‘‘(1) INCREASED IMPORTS OF SERVICES.—For 
purposes of subsection (c)(1)(C), the Secretary may 
determine that increases of imports of like or di-
rectly competitive services exist if customers ac-
counting for not less than 20 percent of the sales of 
the workers’ firm certify to the Secretary that they 
are obtaining such services from a foreign country. 
‘‘(2) AUTHORITY
OF
THE
SECRETARY.—The 
Secretary may obtain the certifications under para-
graph (1) through questionnaires or in such other 
manner as the Secretary determines is appropriate. 
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(1) in the first sentence— 
(A) by striking ‘‘The Secretary’’ and in-
serting ‘‘(a) MONITORING
PROGRAMS.—The 
Secretary’’; 
(B) by inserting ‘‘and services’’ after ‘‘im-
ports of articles’’; 
(C) by inserting ‘‘and domestic provision of 
services’’ after ‘‘domestic production’’; 
(D) by inserting ‘‘or providing services’’ 
after ‘‘producing articles’’; and 
(E) by inserting ‘‘, or provision of serv-
ices,’’ after ‘‘changes in production’’; and 
(2) by adding at the end the following: 
‘‘(b) COLLECTION OF DATA AND REPORTS ON SERV-
ICES SECTOR.— 
‘‘(1) SECRETARY OF LABOR.—Not later than 3 
months after the date of the enactment of the Amer-
ican Competitiveness and Adjustment Act, the Sec-
retary of Labor shall implement a system to collect 
data on adversely affected service workers that in-
cludes the number of workers by State, industry, 
and cause of dislocation of each worker. 
‘‘(2) SECRETARY
OF
COMMERCE.—Not later 
than 6 months after such date of enactment, the 
Secretary of Commerce shall, in consultation with 
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the Secretary of Labor, conduct a study and report 
to the Congress on ways to improve the timeliness 
and coverage of data on trade in services, including 
methods to identify increased imports due to the re-
location of United States firms to foreign countries, 
and increased imports due to United States firms 
obtaining services from firms in foreign countries.’’. 
SEC. 704. EFFECTIVE DATE. 
Except as provided in subsection (b), the amend-
ments made by this title shall take effect on the date that 
is 60 days after the date of the enactment of this Act. 
TITLE VIII—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 
801. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
TRADE ADJUSTMENT ASSISTANCE. 
(a) WORKERS.—Section 245(a) of the Trade Act of 
1974 (19 U.S.C. 2317(a)) is amended by striking ‘‘2007’’ 
and inserting ‘‘2012’’. 
(b) FIRMS.—Section 256(b) of such Act (19 U.S.C. 
2346(b)) is amended by striking ‘‘$16,000,000 for each 
of fiscal years 2003 through 2007’’ and inserting 
‘‘$50,000,000 for each of fiscal years 2008 through 
2012’’. 
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(c) FARMERS.—Section 298(a) of such Act (19 
U.S.C. 2401g(a)) is amended by striking ‘‘2007’’ and in-
serting ‘‘2012’’. 
Æ 
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