[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6208 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 6208

  To amend the Trade Act of 1974 to make certain modifications to the 
                  trade adjustment assistance program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2006

 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Competitiveness and 
Adjustment Act''.

                   TITLE 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 Separation.--Notwithstanding any 
other provision of this chapter, any period during which a judicial or 
administrative appeal is pending with respect to the denial by the 
Secretary 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 allowance 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 amended 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:
            ``(B) there has been a shift in production by such workers' 
        firm or subdivision to a foreign country of articles like or 
        directly competitive with articles which are produced by such 
        firm or subdivision.''.

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 recipient.--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--
                            ``(i) the 90th day after the date of filing 
                        of such petition, or
                            ``(ii) the date on which the Secretary of 
                        Labor makes a final determination with respect 
                        to such petition.''.
            (2) Conforming amendments.--
                    (A) Paragraph (1) of section 7527(d) of such Code 
                is amended by striking ``or an eligible alternative TAA 
                recipient (as defined in section 35(c)(3))'' and 
                inserting ``, an eligible alternative TAA recipient (as 
                defined in section 35(c)(3)), or an individual who is 
                an eligible individual by reason of section 35(c)(5)''.
                    (B) Section 173(f)(4) of the Workforce Investment 
                Act of 1998 (29 U.S.C. 2918(f)(4)) is amended--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (C), by striking the 
                        period and inserting ``, and'' ; and
                            (iii) by inserting after subparagraph (C), 
                        the following new subparagraph:
                    ``(D) an individual who is an eligible individual 
                by reason of section 35(c)(5) of the Internal Revenue 
                Code of 1986.''.
    (c) Clarification of 3-Month Creditable Coverage 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 eligible 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 individual)'' 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 Requirement.--Section 
246(a)(3) of the Trade Act of 1974 (19 U.S.C. 2318(a)(3)) is amended to 
read as follows:
            ``(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 adjustment 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 ``subsection (a)(3)''.
            (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 follows:
            ``(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 voucher 
        system.
            ``(B) Not later than 6 months after the date of enactment 
        of the American Competitiveness and Adjustment Act, the 
        Secretary shall develop and submit to Congress for approval a 
        formula that provides workers with an individual entitlement 
        for training 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--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) entrepreneurial training; and''.

SEC. 106. EFFECTIVE DATE.

    Except as provided in section 103(e), 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 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, pursuant to 
regulations prescribed by the Secretary, collect any data necessary to 
meet the requirements of this chapter.
    ``(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 granted;
                    ``(D) the coordination of programs under this 
                chapter with programs under the Workforce Investment 
                Act of 1998 (29 U.S.C. 2801 et seq.);
                    ``(E) the effectiveness of individual training 
                providers in providing appropriate information and 
                training;
                    ``(F) the extent to which States have designed and 
                implemented health care coverage options under title II 
                of the Trade Act of 2002, including any difficulties 
                States have encountered in carrying out the provisions 
                of title II;
                    ``(G) how Federal, State, and local officials are 
                implementing the trade adjustment assistance program to 
                ensure that all eligible individuals receive benefits, 
                including providing outreach, rapid response, and other 
                activities; and
                    ``(H) any other data necessary to evaluate how 
                individual States are implementing the requirements of 
                this chapter.
            ``(2) Program participation.--The effectiveness of the 
        program relating to--
                    ``(A) the number of workers receiving benefits 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 reflects 
                wages before separation and wages in any job obtained 
                after receiving benefits under this Act;
                    ``(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 
        unemployment insurance wage records.
            ``(2) Monitoring.--Monitoring by each State of internal 
        control measures with respect to performance 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.--
            ``(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 
                Representatives a report that--
                            ``(i) describes the performance measurement 
                        system established under subsection (b);
                            ``(ii) includes analysis of data collected 
                        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 thereafter, the Secretary shall 
                submit to the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives and release to the public a report that 
                includes the information collected under clause (ii) of 
                subparagraph (A).
            ``(2) State reports.--Pursuant to regulations prescribed by 
        the Secretary, each State shall submit to the Secretary a 
        report that details its participation in the programs 
        established under this chapter, and that contains the data 
        necessary to allow the Secretary to submit the report required 
        under paragraph (1).
            ``(3) Publication.--The Secretary shall make available to 
        each State, to Congress, and to the public, the data gathered 
        and evaluated through the performance 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 striking ``Departments of Labor and 
        Commerce'' and inserting ``Departments of Labor, Commerce, and 
        Agriculture''.
            (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 contents for title II 
        of the Trade Act of 1974 is amended by inserting after the item 
        relating to section 249 the following new item:

``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 determination 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:

``SEC. 224. NOTIFICATIONS REGARDING AFFIRMATIVE DETERMINATIONS AND 
              SAFEGUARDS.

    ``(a) Notifications Regarding Chapter 1 Investigations and 
Determinations.--Whenever the International 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 Commission shall 
immediately--
            ``(1) notify the Secretary of Labor of that finding; 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 Safeguards.--The Commission 
shall immediately notify the Secretary of Labor and, in an 
investigation with respect to an agricultural commodity, the Secretary 
of Agriculture, 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 Agreement Implementation Act 
        (19 U.S.C. 3805 note).
            ``(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-Singapore 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 legislation 
        implementing a free trade agreement between the United States 
        and one or more other countries.
    ``(c) Agricultural Safeguards.--The Commissioner 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 
pursuant to one of the following provisions:
            ``(1) Section 202 of the Dominican Republic-Central 
        America-United States Free Trade Agreement 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-Canada Free Trade 
        Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).
            ``(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 legislation 
        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 Agreement 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).
            ``(6) Section 322 of the United States-Singapore Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(7) A comparable provision in any other legislation 
        implementing a free trade agreement between the United States 
        and one or more other countries.
    ``(e) Antidumping and Countervailing Duties.--Whenever the 
Commission makes a final affirmative 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 INVESTIGATION.

    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 Committee on Ways and Means of the House of 
Representatives or the Committee on Finance of the Senate, the 
Secretary shall promptly initiate an investigation under this chapter 
to determine the eligibility for adjustment assistance 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 occupation is 
        defined in the Bureau of Labor Statistics Standard Occupational 
        Classification System.'';
            (2) in subsection (a)(2), by inserting ``or a request 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 Secretary 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 
employed. If the Secretary does not make certification under the 
preceding sentence, the Secretary shall make a determination of 
eligibility under subsection (a) with respect to each group of workers 
in that domestic industry or occupation from which a petition was 
received.''.

SEC. 304. COORDINATION WITH OTHER TRADE PROVISIONS.

    (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--
                    ``(i) the President shall take all appropriate 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 domestic industry 
                defined by the Commission if such workers become 
                totally or partially separated, or are threatened to 
                become totally or partially separated, not earlier than 
                1 year before, 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 section 291, the 
                Secretary of Agriculture shall certify as eligible to 
                apply for adjustment assistance under section 293 
                agricultural commodity producers employed in the 
                domestic production of the agricultural commodity that 
                is the subject of the finding during the most recent 
                marketing year.''.
    (b) Industry-Wide Certification Based on Bilateral Safeguard 
Provisions or Antidumping or Countervailing Duty Orders.--
            (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 BILATERAL 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 determination, or antidumping or countervailing duty 
determination, as the case may be, if such workers become totally 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--
            ``(1) the date on which the affirmative or positive 
        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 assessed 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 AGRICULTURAL COMMODITY 
              PRODUCERS WHERE SAFEGUARD PROVISIONS INVOKED OR 
              ANTIDUMPING OR COUNTERVAILING DUTIES IMPOSED.

    ``(a) In General.--Not later than 10 days after the date on which 
the Secretary of Agriculture receives a notification with respect to 
the imposition of a trade remedy, safeguard determination, or 
antidumping or countervailing duty determination under section 224 (b), 
(c), or (e), the Secretary shall certify as eligible for trade 
adjustment assistance under section 293(a) agricultural commodity 
producers employed in the domestic production of the agricultural 
commodity that is the subject of the trade remedy, safeguard 
determination, or antidumping or countervailing 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 positive 
        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 assessed 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:

``224. Notifications regarding affirmative determinations and 
                            safeguards'';
            (2) by inserting after the item relating to section 224 the 
        following:

``224A. Industry-wide certification based on bilateral safeguard 
                            provisions invoked or antidumping or 
                            countervailing duties imposed'';
     and
            (3) by striking the item relating to section 294 and 
        inserting the following:

``294. Industry-wide certification for agricultural commodity producers 
                            where safeguard provisions invoked or 
                            antidumping or countervailing duties 
                            imposed''.

SEC. 305. REGULATIONS.

    The Secretary of the Treasury, the Secretary of Agriculture, 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 inserting 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 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 Commerce described in this 
chapter.
    ``(c) Functions.--The Office shall assist the Secretary of Commerce 
in carrying out the Secretary's responsibilities under this chapter.''.
    (b) Conforming Amendment.--The table of contents for the Trade Act 
of 1974 is amended by inserting after the item relating to section 255 
the following new item:

``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 before 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 
petitioner provides written request''.
    (b) Fishermen.--Notwithstanding any other provision of law, for 
purposes of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 
2271 et seq.) fishermen who harvest wild stock shall be eligible for 
adjustment assistance 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 striking ``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 chapter''.

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 Petition.--At any time 
after a petition is filed under section 292 by a group of agricultural 
commodity producers, including after the Secretary issues a 
certification of eligibility under subsection (a) to a group of 
agricultural producers, any other producer of that agricultural 
commodity may elect to join the group of producers who filed the 
petition. Any producer who makes an election under the preceding 
sentence is eligible for assistance under this chapter to the same 
extent as the producers who filed the petition.
    ``(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 thereafter 
amend the petition to modify the countries described in section 
292(c)(2) or to modify the heading or subheading under which the 
agricultural commodity is classified 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 commodity producer 
        described in subsection (a) shall be entitled to adjustment 
        assistance under this chapter as follows:
                    ``(A) Commodities receiving assistance.--
                            ``(i) In general.--If the agricultural 
                        commodity with respect to which the 
                        certification under this chapter applies is 
                        described 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 
                                between--
                                            ``(aa) an amount equal to 
                                        80 percent of the average of 
                                        the national average price of 
                                        the agricultural commodity 
                                        covered by the application 
                                        described in subsection (a) for 
                                        the 5 marketing years preceding 
                                        the most recent marketing year, 
                                        and
                                            ``(bb) 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.
                            ``(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 Investment Act 
                                of 2002 (7 U.S.C. 7913, 7914);
                                    ``(II) a loan commodity for 
                                purposes of section 1202 of that Act (7 
                                U.S.C. 7932); or
                                    ``(III) a product eligible for 
                                assistance 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 agricultural 
                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--
                                    ``(I) an amount equal to 80 percent 
                                of the average of the national average 
                                price of the agricultural commodity 
                                covered by the application described 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)(C)--
                    (A) by striking ``increases of''; and
                    (B) by striking ``importantly''; and
            (2) in paragraph (2), by striking subparagraph (A) and 
        inserting the following:
            ``(A) If imports of articles like or directly competitive 
        with articles which are produced by the firm concerned exceed 
        75 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).''.

SEC. 602. DEMONSTRATION PROJECT ON STRATEGIC TRADE TRANSFORMATION 
              ASSISTANCE.

    (a) In General.--The Secretary of Commerce shall conduct a 
demonstration project (in this section referred to as the ``project'') 
to demonstrate a programmatic framework that will allow American small- 
and medium-sized manufacturers 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 approximately 
        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 medium-sized firms 
        that export and increasing the value of exports from these 
        firms.
            (5) Increasing revenues that small- and medium-sized firms 
        derive from sales to the Federal Government and State and local 
        governments.
            (6) Expanding technology availability to the small- and 
        medium-sized firm segment by increasing access to, and adoption 
        of, the latest technologies being developed at Federal 
        laboratories and at universities.
            (7) Improving the business and manufacturing practices of 
        small- and medium-sized firms to enable them to become 
        competitive in a global marketplace.
    (b) Advisory Board.--
            (1) In general.--In carrying out the project, the Secretary 
        of Commerce shall establish an advisory board comprised of 
        representatives described in paragraph (2) to provide advice 
        and recommendations with respect to the establishment and 
        operation of the project.
            (2) Representatives.--Representatives referred to in 
        paragraph (1) shall consist of the respective executive 
        directors of each Trade Adjustment Assistance Center affiliated 
        with the trade adjustment assistance for firms program under 
        chapter 3 of title II of the Trade Act of 1974.
    (c) Scope and Duration.--
            (1) Scope.--The project shall cover at least 5 States.
            (2) Duration.--The Secretary of Commerce shall conduct the 
        project for the 3-year period beginning on the date that is 180 
        days after the date of the enactment of this Act.
    (d) Administration of Project.--In implementing the project, the 
Secretary of Commerce shall give preference, in entering into contracts 
for the operation and administration of the project, to Trade 
Adjustment Assistance Centers affiliated with the trade adjustment 
assistance for firms program under chapter 3 of title II of the Trade 
Act of 1974.
    (e) Report.--The Secretary of Commerce shall submit to Congress a 
report on the project not later than 6 months after the date of its 
completion. Such report shall include--
            (1) information on the impact of the project on mitigating 
        the impact of imports in terms of competitiveness; and
            (2) recommendations on the cost-effectiveness of extending 
        or expanding the project.

  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.--Section 221(a)(1)(A) of the 
Trade Act of 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by striking 
``firm)'' and inserting ``firm, and workers in a service sector firm or 
subdivision 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 amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``agricultural firm)'' and inserting 
                ``agricultural firm, and workers in a service sector 
                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 striking 
                        ``like or directly competitive with articles 
                        produced'' and inserting ``or services 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 country, of 
        production of articles, or in provision of services, 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 services 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 sector 
                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)--
                    (A) in paragraph (3)--
                            (i) by inserting ``or services'' after 
                        ``value-added production processes'';
                            (ii) by striking ``or finishing'' and 
                        inserting ``, 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 
                        inserting ``, or services, used in the 
                        production of articles or in the provision of 
                        services''; and
                            (ii) by inserting ``(or subdivision)'' 
                        after ``such other firm''; and
            (4) by adding at the end the following new subsection:
    ``(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 directly competitive services 
        exist if the workers' firm or subdivision or customers of the 
        workers' firm or subdivision accounting for not less than 20 
        percent of the sales of the workers' firm or subdivision 
        certify to the Secretary that they are obtaining such services 
        from a foreign country.
            ``(2) Obtaining services abroad.--For purposes 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 country based on a certification thereof from the 
        workers' firm, subdivision, or public agency.
            ``(3) Authority of the secretary.--The Secretary may obtain 
        the certifications under paragraphs (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'';
            (3) by redesignating paragraphs (8) through (17) as 
        paragraphs (9) through (18), respectively; and
            (4) by inserting after paragraph (6) the following:
            ``(7) The term `public agency' means a department 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 services.''.
    (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 agricultural 
                firm'';
                    (B) in subsection (c)(1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or service sector firm'' 
                        after ``any agricultural firm'';
                            (ii) in subparagraph (B)(ii), by inserting 
                        ``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 
                        competitive 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 directly competitive services 
        exist if customers accounting 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 paragraph (1) through questionnaires 
        or in such other manner as the Secretary determines is 
        appropriate. The Secretary may exercise the authority under 
        section 249 in carrying out this subsection.''.
            (2) Definition.--Section 261 of the Trade Act of 1974 (19 
        U.S.C. 2351) is amended--
                    (A) by striking ``For purposes of'' and inserting 
                ``(a) Firm.--For purposes of''; and
                    (B) 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.''.
    (b) Industries.--Section 265(a) of the Trade Act of 1974 (19 U.S.C. 
2355(a)) is amended by inserting ``or service'' after ``new product''.
    (c) Technical Amendments.--
            (1) In general.--Section 249 of the Trade Act of 1974 (19 
        U.S.C. 2321) is amended by striking ``subpena'' and inserting 
        ``subpoena'' each place it appears in the heading and the text.
            (2) Table of contents.--The table of contents for the Trade 
        Act of 1974 is amended by striking ``Subpena'' in the item 
        relating to section 249 and inserting ``Subpoena''.

SEC. 703. MONITORING AND REPORTING.

    Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended--
            (1) in the first sentence--
                    (A) by striking ``The Secretary'' and inserting 
                ``(a) Monitoring Programs.--The Secretary'';
                    (B) by inserting ``and services'' after ``imports 
                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 services,'' 
                after ``changes in production''; and
            (2) by adding at the end the following:
    ``(b) Collection of Data and Reports on Services Sector.--
            ``(1) Secretary of labor.--Not later than 3 months after 
        the date of the enactment of the American Competitiveness and 
        Adjustment Act, the Secretary of Labor shall implement a system 
        to collect data on adversely affected service workers that 
        includes 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 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 relocation 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 amendments made by this 
title shall take effect on the date that is 60 days after the date of 
the enactment of this Act.
                                 <all>