[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3801 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3801

To amend the Trade Act of 1974 to address the impact of globalization, 
to reauthorize trade adjustment assistance, to extend trade adjustment 
assistance to service workers, communities, firms, and farmers, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2007

 Mr. Smith of Washington (for himself, Mrs. Tauscher, Mr. Crowley, Mr. 
  Kind, Mr. Davis of Alabama, Mr. Moore of Kansas, Mr. Carnahan, Mr. 
Altmire, Mr. Courtney, Mr. Moran of Virginia, Mr. Larsen of Washington, 
  Mr. Dicks, Mr. Etheridge, Mr. Baird, Ms. Bean, Mrs. McCarthy of New 
    York, Mr. Matheson, Mr. Inslee, Mr. Gonzalez, and Mr. Cuellar) 
 introduced the following bill; which was referred to the Committee on 
  Ways and Means, and in addition to the Committees on Education and 
Labor, Energy and Commerce, and Oversight and Government Reform, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Trade Act of 1974 to address the impact of globalization, 
to reauthorize trade adjustment assistance, to extend trade adjustment 
assistance to service workers, communities, firms, and farmers, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Adjustment 
Assistance Improvement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Subtitle A--Trade Adjustment Assistance for Services Sector; Shifts in 
                          Production Overseas

Sec. 101. Extension of trade adjustment assistance to services sector; 
                            shifts in production.
Sec. 102. Monitoring and reporting.
Sec. 103. Effective date.
         Subtitle B--Industry-Wide Trade Adjustment Assistance

Sec. 111. Other methods of requesting investigation.
Sec. 112. Notification.
Sec. 113. Industry-wide determination.
Sec. 114. Regulations.
                          Subtitle C--Training

Sec. 121. Prerequisite education; approved training programs.
Sec. 122. Enrollment period; waivers.
Sec. 123. Temporary employment and on-the-job training accountability.
Sec. 124. Training funds.
                Subtitle D--Health Coverage Improvement

Sec. 131. Short title.
Sec. 132. Modifications relating to credit for health insurance costs 
                            of certain TAA and PBGC pension recipients.
Sec. 133. TAA recipients not enrolled in training programs eligible for 
                            credit.
Sec. 134. Alignment of COBRA coverage with TAA period for TAA-eligible 
                            individuals.
Sec. 135. Notice requirements.
Sec. 136. Annual report on enhanced TAA benefits.
                       Subtitle E--Wage Insurance

Sec. 151. Wage insurance.
         Subtitle F--Other Trade Adjustment Assistance Matters

Sec. 161. Calculation of eligibility period for allowance to 
                            accommodate extended training, allowable 
                            breaks in training, litigation, and 
                            military service.
Sec. 162. Job search and relocation allowances.
Sec. 163. Certification of submissions; transparency.
Sec. 164. Establishment of the Office of the Ombudsman for the Trade 
                            Adjustment Assistance program.
Sec. 165. Data collection; information to workers.
Sec. 166. Pilot program for distribution of information to workers.
Sec. 167. Agreements with States.
Sec. 168. Technical and conforming amendments.
Sec. 169. Extension of authorization of trade adjustment assistance for 
                            workers.
         TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

Sec. 201. Purpose.
Sec. 202. Trade Adjustment Assistance for communities.
Sec. 203. Conforming amendments.
Sec. 204. Effective date.
            TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

Sec. 301. Trade adjustment assistance for firms.
Sec. 302. Extension of authorization of trade adjustment assistance for 
                            firms.
           TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

Sec. 401. Extension of authorization of trade adjustment assistance for 
                            farmers.

            TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Subtitle A--Trade Adjustment Assistance for Services Sector; Shifts in 
                          Production Overseas

SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICES SECTOR; 
              SHIFTS IN PRODUCTION.

    (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; Service Workers; Shifts in 
Production.--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 striking subparagraph (B) and 
                        inserting the following:
                    ``(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, testing, packaging, or 
                        maintenance or transportation services'';
                            (iii) by inserting ``or services'' after 
                        ``for articles'';
                            (iv) by inserting ``(or subdivision)'' 
                        after ``such other firm''; and
                            (v) by striking ``, if the certification of 
                        eligibility'' and all that follows through 
                        ``Canada or Mexico''; 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:
    ``(d) Basis for Secretary's Determinations.--
            ``(1) Increased imports.--For purposes of subsection 
        (a)(2)(A)(ii), the Secretary may determine that increased 
        imports of like or directly competitive articles or 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 such customers are obtaining such 
        articles or 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.
    ``(e) Additional Information.--In determining whether to certify a 
group of workers under subsection (a) or (b) pursuant to a petition 
filed under section 221, the Secretary should confirm information 
furnished in the petition and elicit other relevant information by 
contacting--
            ``(1) officials of firms and unions;
            ``(2) employees and any other persons;
            ``(3) Federal and State agencies; and
            ``(4) public and private organizations.''.
    (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.''.

SEC. 102. 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 the 
                following:
    ``(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 Service Sector.--
            ``(1) Secretary of labor.--Not later than 90 days after the 
        date of the enactment of the Trade Adjustment Assistance 
        Improvement 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 180 days after 
        such date of enactment, the Secretary of Commerce shall, in 
        consultation with the Secretary of Labor, conduct a study and 
        report to 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. 103. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect on the date 
that is 90 days after the date of the enactment of this Act.

         Subtitle B--Industry-Wide Trade Adjustment Assistance

SEC. 111. OTHER METHODS OF REQUESTING INVESTIGATION.

    Section 221 of the Trade Act of 1974 (19 U.S.C. 2271) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by inserting ``or a request 
                or resolution filed under subsection (c),'' after 
                ``paragraph (1),''; and
                    (B) in paragraph (3), by inserting ``, request, or 
                resolution'' after ``petition'' each place it appears; 
                and
            (2) 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 Finance of the Senate or the 
Committee on Ways and Means of the House of Representatives, 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.''.

SEC. 112. 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 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 
International Trade 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 this Act.
            ``(2) Section 312 of the United States-Australia Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(3) Section 312 of the United States-Morocco Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(4) Section 312 of the United States-Singapore Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(5) Section 312 of the United States-Chile Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(6) Section 302(b) of the North American Free Trade 
        Agreement Implementation Act (19 U.S.C. 3352(b)).
            ``(7) Section 212 of the United States-Jordan Free Trade 
        Area Implementation Act (19 U.S.C. 2112 note).
            ``(8) Section 312 of the Dominican Republic-Central 
        America-United States Free Trade Agreement Implementation Act 
        (19 U.S.C. 4062).
            ``(9) Section 312 of the United States-Bahrain Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(10) Section 312 of the United States-Oman Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
    ``(c) Agricultural Safeguards.--The Commissioner of U.S. Customs 
and Border Protection of the Department of Homeland Security shall 
immediately notify the Secretary of Labor and, in the case of an 
agricultural commodity, the Secretary of Agriculture, whenever the 
Commissioner assesses additional duties on a product pursuant to one of 
the following provisions:
            ``(1) Section 202 of the United States-Australia Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(2) Section 202 of the United States-Morocco Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(3) Section 201(c) of the United States-Chile Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(4) Section 309 of the North American Free Trade 
        Agreement Implementation Act (19 U.S.C. 3358).
            ``(5) Section 301(a) of the United States-Canada Free Trade 
        Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).
            ``(6) Section 404 of the United States-Israel Free Trade 
        Area Implementation Act of 1985 (19 U.S.C. 2112 note).
            ``(7) Section 202 of the Dominican Republic-Central 
        America-United States Free Trade Agreement Implementation Act 
        (19 U.S.C. 4032).
    ``(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 United States-Australia Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(2) Section 322 of the United States-Morocco Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(3) Section 322 of the United States-Chile Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(4) Section 322 of the United States-Singapore Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(5) Section 322 of the Dominican Republic-Central 
        America-United States Free Trade Agreement Implementation Act 
        (19 U.S.C. 4082).
            ``(6) Section 322 of the United States-Bahrain Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(7) Section 322 of the United States-Oman Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
    ``(e) Antidumping and Countervailing Duties.--Whenever the 
International Trade Commission makes a final affirmative determination 
pursuant to section 705 or 735 of the Tariff Act of 1930 (19 U.S.C. 
1671d and 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. 113. 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) Determination Regarding Industry-Wide Certification.--
            ``(1) Determination.--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 certifies 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--
                    ``(A) make a determination, under subsection (a), 
                of the eligibility of all adversely affected workers in 
                that domestic industry or occupation; or
                    ``(B) make a determination, under subsection (a), 
                of the eligibility of all adversely affected workers in 
                that domestic industry or occupation who are located in 
                one or more States or regions of the United States.
            ``(2) Publication.--Upon making a determination of the 
        eligibility for adjustment assistance under this chapter of a 
        group of workers or all workers in an industry or occupation 
        under paragraph (1), the Secretary shall--
                    ``(A) notify each State in which the workers are 
                located of the determination; and
                    ``(B) promptly publish a summary of the 
                determination, together with a summary of the basis for 
                the determination, in the Federal Register and on the 
                website of the Department of Labor.''.

SEC. 114. REGULATIONS.

    The Secretary of Labor may promulgate such regulations as may be 
necessary to carry out the amendments made by this subtitle.

                          Subtitle C--Training

SEC. 121. PREREQUISITE EDUCATION; APPROVED TRAINING PROGRAMS.

    (a) In General.--Section 236(a)(5) of the Trade Act of 1974 (19 
U.S.C. 2296(a)(5)) is amended--
            (1) by redesignating subparagraphs (E) and (F) as 
        subparagraphs (F) and (G), respectively;
            (2) by inserting after subparagraph (D) the following:
            ``(E) any program of prerequisite education or coursework 
        required to enroll in training that may be approved under this 
        section,'';
            (3) in subparagraph (F)(ii), as redesignated by paragraph 
        (1), by striking ``and'' at the end;
            (4) in subparagraph (G), as redesignated by paragraph (1), 
        by striking the period at the end and inserting ``, and''; and
            (5) by adding at the end the following:
            ``(H) any training program or coursework at an accredited 
        institution of higher education (as defined in section 101(a) 
        of the Higher Education Act of 1965) if there is a reasonable 
        expectation of reemployment upon completion of the training 
        program or coursework, including a training program or 
        coursework for the purpose of--
                    ``(i) obtaining a degree or certification; or
                    ``(ii) completing a degree or certification that 
                the worker had previously begun at an accredited 
                institution of higher education.''.
    (b) Conforming Amendments.--Section 233 of the Trade Act of 1974 
(19 U.S.C. 2293) is amended--
            (1) in subsection (a)(2), by inserting ``prerequisite 
        education or'' after ``requires a program of''; and
            (2) in subsection (g), by inserting ``prerequisite 
        education or'' after ``includes a program of''.

SEC. 122. ENROLLMENT PERIOD; WAIVERS.

    (a) In General.--Section 231 of the Trade Act of 1974 (19 U.S.C. 
2291) is amended--
            (1) in subsection (a)(5)(A)(ii)--
                    (A) in subclause (I), by striking ``16th'' and 
                inserting ``26th''; and
                    (B) in subclause (II), by striking ``8th'' and 
                inserting ``26th''; and
            (2) in subsection (c)(1), by adding at the end the 
        following:
                    ``(G) Advanced degree or certification.--The worker 
                possesses a postgraduate degree from an institution of 
                higher education (as defined in section 101(a) of the 
                Higher Education Act of 1965) and there is a reasonable 
                expectation of reemployment.
                    ``(H) Administrative error.--The worker did not 
                enroll in training before the date described in 
                subsection (a)(5) as a result of an administrative 
                error made by a State.''.
    (b) Conforming Amendment.--Section 233(b) of the Trade Act of 1974 
(19 U.S.C. 2293(b)) is amended by striking ``within 210 days after the 
date of the worker's first certification'' and all that follows through 
the end period and inserting ``in accordance with section 231(a)(5).''.

SEC. 123. TEMPORARY EMPLOYMENT AND ON-THE-JOB TRAINING ACCOUNTABILITY.

    Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is 
amended to read as follows:
    ``(d) Eligibility.--
            ``(1) In general.--A worker may not be determined to be 
        ineligible or disqualified for unemployment insurance or 
        benefits under this subchapter--
                    ``(A) because the worker--
                            ``(i) is in training approved under 
                        subsection (a);
                            ``(ii) left work that was not suitable 
                        employment to enter such training;
                            ``(iii) left work that the worker engaged 
                        in on a temporary basis during a break in such 
                        training or a delay in the commencement of such 
                        training;
                            ``(iv) left or refused on-the-job training 
                        that was not suitable on-the-job training; or
                            ``(v) refused on-the-job training to attend 
                        a classroom training course approved under 
                        subsection (a); or
                    ``(B) because the provisions of State law or 
                Federal unemployment insurance law relating to 
                availability for work, active search for work, or 
                refusal to accept work apply to a week of training 
                approved under subsection (a).
            ``(2) Election of trade readjustment allowance over 
        unemployment insurance.--A worker may elect to receive benefits 
        under this subchapter instead of receiving unemployment 
        insurance if--
                    ``(A) the worker leaves work that the worker 
                engaged in on a temporary basis during a break in 
                training, as described in paragraph (1)(A)(iii);
                    ``(B) the worker is eligible for benefits under 
                this subchapter for which the worker was eligible 
                before engaging in such work; and
                    ``(C) the worker is eligible for unemployment 
                insurance based on leaving such work.
            ``(3) Suitable on-the-job training.--For purposes of this 
        subsection, the term `suitable on-the-job training' means on-
        the-job training--
                    ``(A) that can reasonably be expected to lead to 
                suitable employment;
                    ``(B) that is compatible with the skills of the 
                worker;
                    ``(C) that--
                            ``(i) involves a curriculum through which 
                        the worker learns the skills necessary for the 
                        job for which the worker is being trained; and
                            ``(ii) can be measured by benchmarks that 
                        indicate that the worker is learning such 
                        skills; and
                    ``(D) that is certified by the State as an on-the-
                job training program that meets the requirements of 
                subparagraph (C).''.

SEC. 124. TRAINING FUNDS.

    Section 236(a)(2) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)) 
is amended to read as follows:
            ``(2) Total payments; allocation of payments.--
                    ``(A) Total payments for fiscal year 2008 and 
                succeeding fiscal years.--
                            ``(i) Fiscal year 2008.--The total amount 
                        of payments that may be made under paragraph 
                        (1) for fiscal year 2008 shall not exceed 
                        $440,000,000.
                            ``(ii) Fiscal year 2009 and succeeding 
                        fiscal years.--The following shall apply to 
                        fiscal year 2009 and each fiscal year 
                        thereafter:
                                    ``(I) In general.--The amount of 
                                the total payments that may be made for 
                                a fiscal year shall be 110 percent of 
                                the total payments authorized to be 
                                made for the preceding fiscal year, if 
                                during the preceding fiscal year the 
                                total amount obligated or expended by 
                                States was equivalent to 90 percent or 
                                more of the total payments authorized 
                                to be made for such preceding fiscal 
                                year.
                                    ``(II) Exception.--The amount of 
                                the total payments that may be made for 
                                a fiscal year shall be 100 percent of 
                                the total payments authorized to be 
                                made for the preceding fiscal year, if 
                                during the preceding fiscal year the 
                                total amount obligated or expended by 
                                States was equivalent to less than 90 
                                percent of the total payments 
                                authorized to be made for such 
                                preceding fiscal year.
                    ``(B) Allocation of total payments.--
                            ``(i) Plan and rulemaking.--
                                    ``(I) Plan.--Not later than 90 days 
                                after the date of the enactment of the 
                                Trade Adjustment Assistance Improvement 
                                Act, the Secretary shall submit to 
                                Congress a plan--
                                            ``(aa) for allocating and 
                                        disbursing payments among 
                                        States in a manner that takes 
                                        into account--

                                                    ``(AA) historic 
                                                trends in the number of 
                                                workers covered by 
                                                certifications under 
                                                this chapter in each 
                                                State, including the 
                                                most recent 6-month 
                                                period for which data 
                                                are available;

                                                    ``(BB) historic 
                                                trends in the number of 
                                                workers enrolled in 
                                                training under this 
                                                section in each State, 
                                                including the most 
                                                recent 6-month period 
                                                for which data are 
                                                available;

                                                    ``(CC) the 
                                                obligations of States 
                                                to make payments with 
                                                respect to training 
                                                under this section for 
                                                workers in the 
                                                following fiscal year; 
                                                and

                                                    ``(DD) the ability 
                                                of States to respond to 
                                                unanticipated demands 
                                                for training under this 
                                                section; and

                                            ``(bb) for ensuring that 
                                        States collect and report 
                                        accurate information on the 
                                        trends, obligations, and 
                                        demands described in subclause 
                                        (I).
                                    ``(II) Rulemaking.--
                                            ``(aa) In general.--The 
                                        Secretary shall prescribe 
                                        regulations, pursuant to 
                                        section 553 of title 5, United 
                                        States Code, to carry out the 
                                        plan required by subclause (I).
                                            ``(bb) Timing of 
                                        rulemaking.--The Secretary 
                                        shall issue the notice of 
                                        proposed rulemaking with 
                                        respect to the regulations 
                                        required by item (aa) not 
                                        earlier than the date that is 
                                        90 days after the date on which 
                                        the Secretary submits the plan 
                                        under subclause (I).
                            ``(ii) Distribution of remaining funds.--
                        If, in any fiscal year, the Secretary does not 
                        distribute all of the funds authorized for 
                        payments under subparagraph (A), the Secretary 
                        shall distribute the remaining funds in a 
                        manner to be determined by the Secretary--
                                    ``(I) to any State that requests 
                                the distribution of such funds and 
                                has--
                                            ``(aa) expended more than 
                                        50 percent of the funds already 
                                        distributed; or
                                            ``(bb) obligated more than 
                                        75 percent of the funds already 
                                        distributed; and
                                    ``(II) to any State that the 
                                Secretary determines needs additional 
                                funds.
                            ``(iii) Allocation of payments if costs 
                        estimated to exceed total payments.--If, during 
                        a fiscal year, the Secretary estimates that the 
                        amount of funds necessary to pay the costs of 
                        training approved under this section will 
                        exceed the amount of limitations imposed under 
                        subparagraph (A), the Secretary shall decide 
                        how the portion of such limitations that has 
                        not been expended at the time of such estimate 
                        is to be apportioned among the States for the 
                        remainder of such fiscal year.
                    ``(C) Use of training funds for caseworker 
                services.--Notwithstanding any other provision of law, 
                a State may expend not more than 5 percent of the funds 
                allocated to the State in a fiscal year for the costs 
                of training approved under this section to provide 
                services related to benefits under this chapter.
                    ``(D) Report.--Not later than 90 days after the 
                date of the enactment of the Trade Adjustment 
                Assistance Improvement Act, and every 90 days 
                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 a report on--
                            ``(i) the allocation among States of funds 
                        for training approved under section 236;
                            ``(ii) the amount of funds obligated or 
                        expended to provide training under subsection 
                        (a), including obligations accrued for the 
                        following fiscal year, during the preceding 
                        quarter and cumulatively during the fiscal 
                        year;
                            ``(iii) the demand for such funds 
                        anticipated for any remaining quarters in the 
                        fiscal year; and
                            ``(iv) the efforts of the Department of 
                        Labor to ensure that each State receives funds 
                        sufficient to provide training approved under 
                        section 236 to all eligible workers.''.

                Subtitle D--Health Coverage Improvement

SEC. 131. SHORT TITLE.

    This title may be cited as the ``TAA Health Coverage Improvement 
Act of 2007''.

SEC. 132. MODIFICATIONS RELATING TO CREDIT FOR HEALTH INSURANCE COSTS 
              OF CERTAIN TAA AND PBGC PENSION RECIPIENTS.

    (a) Increase in Credit Percentage Amount.--
            (1) In general.--Subsection (a) of section 35 of the 
        Internal Revenue Code of 1986 is amended by striking ``65 
        percent'' and inserting ``85 percent (100 percent in the case 
        of the taxpayer's first eligible coverage month)''.
            (2) Conforming amendment.--Subsection (b) of section 7527 
        of such Code is amended by striking ``65 percent'' and 
        inserting ``85 percent (100 percent in the case of the 
        taxpayer's first eligible coverage month)''.
    (b) Presumptive Status as a TAA Recipient.--
            (1) In general.--Subsection (c) of section 35 of such Code 
        is amended by adding at the end the following new paragraph:
            ``(5) Presumptive status as a taa recipient.--
                    ``(A) In general.--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--
                            ``(i) end after the date that such petition 
                        is so filed, and
                            ``(ii) begin before the earlier of--
                                    ``(I) the end of the 90-day period 
                                beginning on the date that such 
                                petition is so filed,
                                    ``(II) the date that the Secretary 
                                of Labor makes a final determination 
                                not to issue a certification with 
                                respect to such petition, or
                                    ``(III) the beginning of the first 
                                month that such individual is an 
                                eligible individual without regard to 
                                this paragraph.
                    ``(B) Exception.--If the Secretary, after 
                consultation with the Secretary of Labor, determines 
                that, at the time of the filing of such petition, there 
                was not reasonable cause to believe that the petition 
                would result in a certification by the Secretary of 
                Labor, with respect to individuals covered by such 
                petition--
                            ``(i) subparagraph (A) shall not apply to 
                        such individuals, and
                            ``(ii) in the case of any such individual 
                        on whose behalf a payment is made under section 
                        7527 with respect to a month described in 
                        paragraph (1), the tax imposed under this 
                        subtitle for the taxable year of such 
                        individual which includes the date of such 
                        determination shall be increased by the amount 
                        of such payments.''.
            (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 by 
                striking ``and'' at the end of subparagraph (B), by 
                striking the period at the end of subparagraph (C) and 
                inserting ``, and'', and 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) Restrictions on Individual Market Coverage.--
            (1) Individual coverage not treated as qualified health 
        insurance.--
                    (A) In general.--Paragraph (1) of section 35(e) of 
                such Code is amended by striking subparagraph (J).
                    (B) Conforming amendment.--Subparagraph (A) of 
                section 173(f)(2) of the Workforce Investment Act of 
                1998 (29 U.S.C. 2918(f)(2)) is amended by striking 
                clause (x).
            (2) Rating system requirement for certain state-based 
        coverage.--
                    (A) In general.--Subparagraph (A) of section 
                35(e)(2) of such Code is amended by adding at the end 
                the following new clause:
                            ``(v) Rating system requirement.--In the 
                        case of coverage described in paragraph 
                        (1)(F)(ii), the premiums for such coverage are 
                        restricted based on a community rating system 
                        or based on a rate-band system under which the 
                        maximum rate which may be charged does not 
                        exceed 150 percent of the standard rate.''.
                    (B) Conforming amendment.--Clause (i) of section 
                173(f)(2)(B) of the Workforce Investment Act of 1998 
                (29 U.S.C. 2918(f)(2)(B)) is amended by adding at the 
                end the following new subclause:
                                    ``(V) Rating system requirement.--
                                In the case of coverage described in 
                                subparagraph (A)(vi)(II), the premiums 
                                for such coverage are restricted based 
                                on a community rating system or based 
                                on a rate-band system under which the 
                                maximum rate which may be charged does 
                                not exceed 150 percent of the standard 
                                rate.''.
    (d) Modification of Creditable Coverage Requirement.--
            (1) In general.--Subparagraph (B) of section 35(e)(2) of 
        such Code is amended to read as follows:
                    ``(B) Qualifying individual.--For purposes of this 
                paragraph, the term `qualifying individual' means an 
                eligible individual and the qualifying family members 
                of such individual if such individual meets the 
                requirements of clauses (iii) and (iv) of subsection 
                (b)(1)(A) and--
                            ``(i) in the case of an eligible TAA 
                        recipient, an eligible alternative TAA 
                        recipient, or an individual who is an eligible 
                        individual by reason of subsection (c)(5), has 
                        (as of the date on which the individual seeks 
                        to enroll in the coverage described in 
                        subparagraphs (B) through (H) of paragraph (1)) 
                        a period of creditable coverage (as defined in 
                        section 9801(c)), or
                            ``(ii) in the case of an eligible PBGC 
                        pension recipient, enrolls in such coverage 
                        during the 90-day period beginning on the later 
                        of--
                                    ``(I) the last day of the first 
                                month with respect to which such 
                                recipient becomes an eligible PBGC 
                                pension recipient, or
                                    ``(II) the date of the enactment of 
                                the Trade Adjustment Assistance 
                                Improvement Act.''.
            (2) Conforming amendment.--Clause (ii) of section 
        172(f)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 
        2918(f)(2)(B)) is amended to read as follows:
                            ``(ii) Qualifying individual.--For purposes 
                        of this subparagraph, the term `qualifying 
                        individual' means an eligible individual and 
                        the qualifying family members of such 
                        individual if such individual meets the 
                        requirements of clauses (iii) and (iv) of 
                        section 35(b)(1)(A) of the Internal Revenue 
                        Code of 1986 and--
                                    ``(I) in the case of an eligible 
                                TAA recipient, an eligible alternative 
                                TAA recipient, or an individual who is 
                                an eligible individual by reason of 
                                section 35(c)(5) of such Code, has (as 
                                of the date on which the individual 
                                seeks to enroll in the coverage 
                                described in clauses (ii) through 
                                (viii) of subparagraph (A)) a period of 
                                creditable coverage (as defined in 
                                section 9801(c) of such Code), or
                                    ``(II) in the case of an eligible 
                                PBGC pension recipient, enrolls in such 
                                coverage during the 90-day period 
                                beginning on the later of--
                                            ``(aa) the last day of the 
                                        first month with respect to 
                                        which such recipient becomes an 
                                        eligible PBGC pension 
                                        recipient, or
                                            ``(bb) the date of the 
                                        enactment of the Trade 
                                        Adjustment Assistance 
                                        Improvement Act.''.
            (3) Outreach.--The Secretary of the Treasury shall carry 
        out a program to notify individuals prior to their becoming 
        eligible PBGC pension recipients (as defined in section 35 of 
        the Internal Revenue Code of 1986) of the requirement of 
        subsection (e)(2)(B)(ii) of such section.
    (e) Continued Qualification of Family Members After Certain 
Events.--
            (1) In general.--Subsection (g) of section 35 of such Code 
        is amended by redesignating paragraph (9) as paragraph (10) and 
        inserting after paragraph (8) the following new paragraph:
            ``(9) Continued qualification of family members after 
        certain events.--In the case of a month which would be an 
        eligible coverage month with respect to an eligible individual 
        but for a qualifying event with respect to such individual 
        (within the meaning of section 4980B(f)(3)), such month shall 
        be treated as an eligible coverage month with respect to any 
        qualifying family member of such eligible individual for a 
        period of months not to exceed the period of months described 
        in section 4980B(f)(2)(B) with respect to such qualifying 
        event.''.
            (2) Conforming amendment.--Section 173(f) of the Workforce 
        Investment Act of 1998 (29 U.S.C. 2918(f)) is amended by adding 
        at the end the following:
            ``(8) Continued qualification of family members after 
        certain events.--In the case of a month which would be an 
        eligible coverage month with respect to an eligible individual 
        but for a qualifying event with respect to such individual 
        (within the meaning of section 4980B(f)(3) of the Internal 
        Revenue Code of 1986), such month shall be treated as an 
        eligible coverage month with respect to any qualifying family 
        member of such eligible individual for a period of months not 
        to exceed the period of months described in section 
        4980B(f)(2)(B) of such Code with respect to such qualifying 
        event.''.
    (f) TAA Pre-Certification Period Rule for Purposes of Determining 
Whether There Is a 63-Day Lapse in Creditable Coverage.--
            (1) IRC amendment.--Section 9801(c)(2) of the Internal 
        Revenue Code of 1986 (relating to not counting periods before 
        significant breaks in creditable coverage) is amended by adding 
        at the end the following new subparagraph:
                    ``(D) TAA-eligible individuals.--
                            ``(i) TAA pre-certification period rule.--
                        In the case of a TAA-eligible individual, the 
                        period beginning on the date the individual has 
                        a TAA-related loss of coverage and ending on 
                        the date which is 5 days after the postmark 
                        date of the notice by the Secretary (or by any 
                        person or entity designated by the Secretary) 
                        that the individual is eligible for a qualified 
                        health insurance costs credit eligibility 
                        certificate for purposes of section 7527 shall 
                        not be taken into account in determining the 
                        continuous period under subparagraph (A).
                            ``(ii) Definitions.--The terms `TAA-
                        eligible individual', and `TAA-related loss of 
                        coverage' have the meanings given such terms in 
                        section 4980B(f)(5)(C)(iv).''.
            (2) ERISA amendment.--Section 701(c)(2) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)) 
        is amended by adding at the end the following new subparagraph:
                    ``(C) TAA-eligible individuals.--
                            ``(i) TAA pre-certification period rule.--
                        In the case of a TAA-eligible individual, the 
                        period beginning on the date the individual has 
                        a TAA-related loss of coverage and ending on 
                        the date that is 5 days after the postmark date 
                        of the notice by the Secretary (or by any 
                        person or entity designated by the Secretary) 
                        that the individual is eligible for a qualified 
                        health insurance costs credit eligibility 
                        certificate for purposes of section 7527 of the 
                        Internal Revenue Code of 1986 shall not be 
                        taken into account in determining the 
                        continuous period under subparagraph (A).
                            ``(ii) Definitions.--The terms `TAA-
                        eligible individual', and `TAA-related loss of 
                        coverage' have the meanings given such terms in 
                        section 605(b)(4)(c).''.
            (3) PHSA amendment.--Section 2701(c)(2) of the Public 
        Health Service Act (42 U.S.C. 300gg(c)(2)) is amended by adding 
        at the end the following new subparagraph:
                    ``(C) TAA-eligible individuals.--
                            ``(i) TAA pre-certification period rule.--
                        In the case of a TAA-eligible individual, the 
                        period beginning on the date the individual has 
                        a TAA-related loss of coverage and ending on 
                        the date that is 5 days after the postmark date 
                        of the notice by the Secretary (or by any 
                        person or entity designated by the Secretary) 
                        that the individual is eligible for a qualified 
                        health insurance costs credit eligibility 
                        certificate for purposes of section 7527 of the 
                        Internal Revenue Code of 1986 shall not be 
                        taken into account in determining the 
                        continuous period under subparagraph (A).
                            ``(ii) Definitions.--The terms `TAA-
                        eligible individual', and `TAA-related loss of 
                        coverage' have the meanings given such terms in 
                        section 2205(b)(4)(c).''.
    (g) Offering of National Fallback Coverage.--
            (1) Provision of fallback coverage.--The Director of the 
        Office of Personnel Management jointly with the Secretary of 
        the Treasury shall establish a program under which eligible 
        individuals (as defined in section 35(c) of the Internal 
        Revenue Code of 1986) are offered enrollment under health 
        benefit plans that are made available under FEHBP.
            (2) Terms and conditions.--The terms and conditions of 
        health benefits plans under paragraph (1) shall be the same as 
        the terms and coverage offered under FEHBP, except that the 
        premium charged for such health benefit plans offered under 
        such paragraph--
                    (A) shall be equal to the full premium (including 
                both employer and beneficiary share) charged for such 
                coverage determined in the same manner, subject to 
                subparagraph (B), it is determined for full-time 
                employees; and
                    (B) shall be determined for the pool of individuals 
                covered under this subsection, separately from the pool 
                of individuals otherwise covered under FEHBP.
            (3) Study.--The Director of the Office of Personnel 
        Management jointly with the Secretary of the Treasury shall 
        conduct a study of the impact of the offering of health benefit 
        plans under this subsection on the terms and conditions, 
        including premiums, for health benefit plans offered under 
        FEHBP and shall submit to Congress, not later than 2 years 
        after the date of the enactment of this Act, a report on such 
        study. Such report may contain such recommendations regarding 
        the establishment of separate risk pools for individuals 
        covered under FEHBP and eligible individuals covered this 
        subsection as may be appropriate to protect the interests of 
        individuals covered under FEHBP.
            (4) FEHBP defined.--For purposes of this subsection, the 
        term ``FEHBP'' means the Federal Employees Health Benefits 
        Program offered under chapter 89 of title 5, United States 
        Code.
            (5) Conforming amendments.--
                    (A) Paragraph (1) of section 35(e) of the Internal 
                Revenue Code of 1986 is amended by adding at the end 
                the following:
                    ``(K) Coverage under a health benefits plan offered 
                under section 17(g) of the Trade Adjustment Assistance 
                Improvement Act.''.
                    (B) Section 173(f)(2)(A) of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2918(f)(2)(A)) is 
                amended by adding at the end the following new clause:
                            ``(xi) Coverage under a health benefits 
                        plan offered under section 17(g) of the Trade 
                        Adjustment Assistance Improvement Act.''.
    (h) Report to Congress.--Not later than 18 months after the date of 
the enactment of this Act, the Secretary of the Treasury shall transmit 
to the Congress a report which includes the recommendations of the 
Secretary regarding increasing the number eligible individuals who are 
covered by qualified health insurance, including increasing such number 
by increasing the credit subsidy under section 35 of the Internal 
Revenue Code of 1986 to make the premiums for such insurance more 
affordable. Terms used in this subsection which are defined in such 
section shall have the meaning given such terms by such section.
    (i) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), 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 such date.
            (2) Grandfathering of individual coverage rules for current 
        recipients.--The amendments made by subsection (c) shall not 
        apply with respect to any eligible individual (or qualifying 
        family members with respect to such individual) for any month 
        if such individual was an eligible individual for all previous 
        months which began after the date of the enactment of this Act 
        and was enrolled in coverage described in section 35(e)(1)(J) 
        of such Code (as in effect immediately before the date of the 
        enactment of this Act) for all such previous months.

SEC. 133. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR 
              CREDIT.

    (a) In General.--Paragraph (2) of section 35(c) of the Internal 
Revenue Code of 1986 (defining eligible TAA recipient) is amended by 
inserting ``or (a)(5)'' after ``subsection (a)(3)(B)''.
    (b) Effective Date.--The amendment made by this section shall apply 
to months beginning after the date of the enactment of this Act in 
taxable years ending after such date.

SEC. 134. ALIGNMENT OF COBRA COVERAGE WITH TAA PERIOD FOR TAA-ELIGIBLE 
              INDIVIDUALS.

    (a) Internal Revenue Code of 1986.--Section 4980B(f)(5)(C) of the 
Internal Revenue Code of 1986 is amended--
            (1) in the subparagraph heading, by inserting ``and 
        coverage'' after ``election''; and
            (2) in clause (ii)--
                    (A) in the clause heading, by inserting ``and 
                period'' after ``Commencement''; and
                    (B) by adding at the end the following new 
                sentence: ``In no event shall the maximum period 
                required under paragraph (2)(B)(i) with respect to such 
                continuation coverage be less than the period during 
                which the individual is a TAA-eligible individual.''.
    (b) ERISA.--Section 605(b) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1165(b)) is amended--
            (1) in the subsection heading, by inserting ``and 
        Coverage'' after ``Election''; and
            (2) in paragraph (2)--
                    (A) in the paragraph heading, by inserting ``and 
                period'' after ``Commencement''; and
                    (B) by adding at the end the following new 
                sentence: ``In no event shall the maximum period 
                required under section 602(2)(A) with respect to such 
                continuation coverage be less than the period during 
                which the individual is a TAA-eligible individual.''.
    (c) Public Health Service Act.--Section 2205(b) of the Public 
Health Service Act (42 U.S.C. 300bb-5(b)) is amended--
            (1) in the subsection heading, by inserting ``and 
        Coverage'' after ``Election''; and
            (2) in paragraph (2)--
                    (A) in the paragraph heading, by inserting ``and 
                period'' after ``Commencement''; and
                    (B) by adding at the end the following new 
                sentence: ``In no event shall the maximum period 
                required under section 2202(2)(A) with respect to such 
                continuation coverage be less than the period during 
                which the individual is a TAA-eligible individual.''.

SEC. 135. NOTICE REQUIREMENTS.

    Section 7527 of the Internal Revenue Code of 1986 (relating to 
advance payment of credit for health insurance costs of eligible 
individuals), as amended by this Act, is amended by adding at the end 
the following new subsection:
    ``(f) Inclusion of Certain Information.--The notice by the 
Secretary (or by any person or entity designated by the Secretary) that 
an individual is eligible for a qualified health insurance costs credit 
eligibility certificate shall include--
            ``(1) the name, address, and telephone number of the State 
        office or offices responsible for determining that the 
        individual is eligible for such certificate and for providing 
        the individual with assistance with enrollment in qualified 
        health insurance (as defined in section 35(e)),
            ``(2) a list of the coverage options that are treated as 
        qualified health insurance (as so defined) by the State in 
        which the individual resides, and
            ``(3) in the case of a TAA-eligible individual (as defined 
        in section 4980B(f)(5)(C)(iv)(II)), a statement informing the 
        individual that the individual has 63 days from the date that 
        is 5 days after the date of such notice to enroll in such 
        insurance without a lapse in creditable coverage (as defined in 
        section 9801(c)).''.

SEC. 136. ANNUAL REPORT ON ENHANCED TAA BENEFITS.

    Not later than October 1 of each year (beginning in 2008) the 
Secretary of the Treasury, after consultation with the Secretary of 
Labor, shall report to the Committee on Finance and the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Committee 
on Ways and Means and the Committee on Education and Labor of the House 
of Representatives the following information with respect to the most 
recent taxable year ending before such date:
            (1) The total number of participants utilizing the health 
        insurance tax credit under section 35 of the Internal Revenue 
        Code of 1986, including a measurement of such participants 
        identified--
                    (A) by State, and
                    (B) by coverage under COBRA continuation provisions 
                (as defined in section 9832(d)(1) of such Code) and by 
                non-COBRA coverage (further identified by group and 
                individual market).
            (2) The range of monthly health insurance premiums offered 
        and the average and median monthly health insurance premiums 
        offered to TAA-eligible individuals (as defined in section 
        4980B(f)(5)(C)(iv)(II) of such Code) under COBRA continuation 
        provisions (as defined in section 9832(d)(1) of such Code), 
        State-based continuation coverage provided under a State law 
        that requires such coverage, and each category of coverage 
        described in section 35(e)(1) of such Code, identified by State 
        and by the actuarial value of such coverage and the specific 
        benefits provided and cost-sharing imposed under such coverage.
            (3) The number of States applying for and receiving 
        national emergency grants under section 173(f) of the Workforce 
        Investment Act of 1998 (29 U.S.C. 2918(f)) and the time 
        necessary for application approval of such grants.
            (4) The cost of administering the health credit program 
        under section 35 of such Code, by function, including the cost 
        of subcontractors.

                       Subtitle E--Wage Insurance

SEC. 151. WAGE INSURANCE.

    (a) In General.--Section 246 of the Trade Act of 1974 (19 U.S.C. 
2318) is amended--
            (1) in the heading, by striking ``alternative trade 
        adjustment assistance for older workers'' and inserting ``wage 
        insurance'';
            (2) by striking ``alternative trade adjustment assistance'' 
        each place it appears and inserting ``wage insurance'';
            (3) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``for a period not 
                                to exceed 2 years'' and inserting ``for 
                                the eligibility period under paragraph 
                                (4)''; and
                                    (II) by striking ``paragraph 
                                (3)(B)'' and inserting ``paragraph 
                                (3)''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``for a period not 
                                to exceed 2 years'' and inserting ``for 
                                the eligibility period under paragraph 
                                (4)''; and
                                    (II) by striking ``paragraph 
                                (3)(B)'' and inserting ``paragraph 
                                (3)'';
                            (iii) by adding at the end the following:
                    ``(C) Training.--A worker described in paragraph 
                (3) shall be eligible to receive training approved 
                under section 236.'';
                    (B) by striking paragraphs (3) through (5) and 
                inserting the following:
            ``(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 wage 
        insurance program if the worker--
                    ``(A) is at least 50 years of age;
                    ``(B) does not earn more than $60,000 a year in 
                wages from reemployment; and
                    ``(C) does not return to the employment from which 
                the worker was separated and--
                            ``(i) obtains reemployment on a full-time 
                        basis as defined by State law in the State in 
                        which the worker is employed;
                            ``(ii) obtains reemployment of not less 
                        than 20 hours a week and is enrolled in 
                        training approved under section 236; or
                            ``(iii) received a trade readjustment 
                        allowance under part I of subchapter B for less 
                        than the total number of weeks for which the 
                        worker was eligible to receive such allowance 
                        under section 233 and obtains reemployment not 
                        later than 26 weeks after successfully 
                        completing a training program approved under 
                        section 236.
            ``(4) Eligibility period.--
                    ``(A) Worker who has not received trade adjustment 
                allowance.--In the case of a worker described in 
                paragraph (3) who has not received a trade readjustment 
                allowance under part I of subchapter B, the worker may 
                receive wage insurance under this section for a period 
                not to exceed 2 years from the date that is the earlier 
                of--
                            ``(i) the date on which the worker exhausts 
                        all rights to unemployment insurance based on 
                        the separation of the worker from adversely 
                        affected employment; or
                            ``(ii) the date on which the worker obtains 
                        reemployment.
                    ``(B) Worker who has received trade adjustment 
                allowance.--In the case of a worker described in 
                paragraph (3) who received a trade readjustment 
                allowance under part I of subchapter B, the worker may 
                receive wage insurance under this section for a 
                period--
                            ``(i) beginning on the date on which the 
                        worker obtains reemployment; and
                            ``(ii) not to exceed--
                                    ``(I) the total number of weeks for 
                                which the worker is eligible for such 
                                allowance, less
                                    ``(II) the total number of weeks 
                                for which the worker received such 
                                allowance.
            ``(5) Total amount of payments.--The payments described in 
        paragraph (2)(A) made to a worker may not exceed $12,000 per 
        worker during the eligibility period under paragraph (4).
            ``(6) Limitation on trade readjustment allowances.--A 
        worker described in paragraph (3) may not receive a trade 
        readjustment allowance under part I of subchapter B during any 
        week for which the worker receives a payment described in 
        paragraph (2)(A).''; and
            (4) in subsection (b)(2), by striking ``subsection 
        (a)(3)(B)'' and inserting ``subsection (a)(3)''.
    (b) Extension of Program.--Section 246(b)(1) of the Trade Act of 
1974 (19 U.S.C. 2318(b)(1)) is amended by striking ``5'' and inserting 
``10''.
    (c) Technical Amendment.--The table of contents for title II of the 
Trade Act of 1974 is amended by amending the item relating to section 
246 to read as follows:

``Sec. 246. Demonstration project for wage insurance.''.

         Subtitle F--Other Trade Adjustment Assistance Matters

SEC. 161. CALCULATION OF ELIGIBILITY PERIOD FOR ALLOWANCE TO 
              ACCOMMODATE EXTENDED TRAINING, ALLOWABLE BREAKS IN 
              TRAINING, LITIGATION, AND MILITARY SERVICE.

    Section 233 of the Trade Act of 1974 (19 U.S.C. 2293), as amended 
by sections 121(b) and 122(b), is further amended--
            (1) in subsection (f), by striking ``30'' and inserting 
        ``90''; and
            (2) by adding at the end the following:
    ``(h) Extension of Allowance.--Notwithstanding any other provision 
of this section, a trade readjustment allowance may be paid to a worker 
for a period equivalent to the period the worker's enrollment in 
training was extended beyond the deadline applicable under section 
231(a)(5)(A)(ii) pursuant to a waiver granted under subparagraph (D), 
(E), or (F) of section 231(c)(1).
    ``(i) 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.
    ``(j) Special Rule for Active Duty Military Service.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, an adversely affected worker described in 
        paragraph (2) shall be eligible for a trade readjustment 
        allowance and other benefits under this subchapter in the same 
        manner and to the same extent as if a petition that resulted in 
        a certification under section 223 for that worker was filed on 
        the date described in paragraph (3).
            ``(2) Worker described.--A worker described in this 
        paragraph means a worker who--
                    ``(A) is a member of a reserve component of the 
                Armed Forces; and
                    ``(B) serves on active duty--
                            ``(i) after the date on which the worker 
                        became totally separated, or partially 
                        separated, from the adversely affected 
                        employment; and
                            ``(ii) before the worker completes training 
                        approved under section 236.
            ``(3) Date described.--The date described in this paragraph 
        is a date that is on or before the 30th day after the worker 
        returns from active duty or such later date as determined on a 
        case-by-case basis by the Secretary.''.

SEC. 162. JOB SEARCH AND RELOCATION ALLOWANCES.

    (a) Job Search Allowances.--Section 237(b) of the Trade Act of 1974 
(19 U.S.C. 2297(b)) is amended--
            (1) in paragraph (1), by striking ``90 percent of the cost 
        of'' and inserting ``all''; and
            (2) in paragraph (2), by striking ``$1,250'' and inserting 
        ``$1,500''.
    (b) Relocation Allowances.--Section 238(b) of the Trade Act of 1974 
(19 U.S.C. 2298(b)) is amended--
            (1) in paragraph (1), by striking ``90 percent of the'' and 
        inserting ``all''; and
            (2) in paragraph (2), by striking ``$1,250'' and inserting 
        ``$1,500''.

SEC. 163. CERTIFICATION OF SUBMISSIONS; TRANSPARENCY.

    Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended 
by section 113, is further amended by adding at the end the following:
    ``(f) Submissions.--
            ``(1) Certification.--If an employer submits a petition on 
        behalf of a group of workers pursuant to section 221(a)(1) or 
        if the Secretary requests evidence or information from an 
        employer in order to make a determination under this section, 
        the accuracy and completeness of any evidence or information 
        submitted by the employer shall be certified by the employer's 
        legal counsel or by an officer of the employer.
            ``(2) Subpoenas.--It is the sense of Congress that the 
        Secretary should require an employer to provide evidence or 
        information requested by the Secretary under paragraph (1) by 
        subpoena pursuant to section 249 if, within 20 days of such 
        request, the employer does not--
                    ``(A) provide such evidence or information; or
                    ``(B) demonstrate to the satisfaction of the 
                Secretary that the employer will provide such evidence 
                or information within a reasonable time.
    ``(g) Standards for Investigations and Determinations.--
            ``(1) Plan.--Not later than 90 days after the date of the 
        enactment of the Trade Adjustment Assistance Improvement Act, 
        the Secretary shall submit to Congress a plan for establishing 
        standards, including data requirements, for investigations of 
        petitions filed under section 221 and criteria for making 
        determinations under subsection (a).
            ``(2) Rulemaking.--
                    ``(A) In general.--The Secretary shall prescribe 
                regulations, pursuant to section 553 of title 5, United 
                States Code, to carry out the plan required by 
                paragraph (1).
                    ``(B) Timing of rulemaking.--The Secretary shall 
                issue the notice of proposed rulemaking with respect to 
                the regulations required by subparagraph (A) not 
                earlier than the date that is 90 days after the date on 
                which the Secretary submits the plan under paragraph 
                (1).''.

SEC. 164. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR THE TRADE 
              ADJUSTMENT ASSISTANCE PROGRAM.

    (a) 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 221 the following:

``SEC. 221A. ESTABLISHMENT OF THE OFFICE OF THE TRADE ADJUSTMENT 
              ASSISTANCE OMBUDSMAN.

    ``(a) Establishment.--There is established in the Department of 
Labor an office to be known as the `Office of the Trade Adjustment 
Assistance Ombudsman' (in this section referred to as the `Office').
    ``(b) Head.--The head of the Office shall be the Ombudsman. The 
individual serving as Ombudsman shall be either of the following:
            ``(1) An officer or employee of the Department of Labor 
        designated by the Secretary from among officers and employees 
        of the Department who have experience and expertise necessary 
        to carry out the duties of the Office specified in subsection 
        (c).
            ``(2) An individual employed by the Secretary from the 
        private sector from among individuals in the private sector who 
        have experience and expertise necessary to carry out the duties 
        of the Office specified in subsection (c).
    ``(c) Duties.--The duties of the Office shall be as follows:
            ``(1) To provide information on--
                    ``(A) the benefits available under this chapter;
                    ``(B) the requirements and procedures applicable to 
                the provision of such benefits; and
                    ``(C) the tax credit for health insurance costs 
                under section 35 of the Internal Revenue Code of 1986.
            ``(2) To provide technical assistance to individuals, 
        groups of workers, and other parties seeking to file petitions 
        with the Secretary for benefits under section 221.
            ``(3) To provide assistance to employers to provide 
        information required by the Secretary related to a pending 
        petition.
            ``(4) To receive complaints, grievances, and requests for 
        assistance from workers seeking benefits under this chapter 
        with respect to the administration of such benefits.
            ``(5) To carry out such other duties with respect to this 
        chapter as the Secretary shall specify for purposes of this 
        section.
    ``(d) Independent Office.--The Secretary shall take appropriate 
actions to ensure the independence of the Office within the Department 
of Labor, including independence from other officers and employees of 
the Department engaged in activities relating to the administration of 
the provisions of this chapter.
    ``(e) Annual Report.--
            ``(1) In general.--Not later than February 15 each year, 
        the Ombudsman shall submit to Congress a report on the 
        activities of the Office under this section.
            ``(2) Contents.--Each report under paragraph (1) shall set 
        forth the following:
                    ``(A) The number and types of complaints, 
                grievances, and requests for assistance received by the 
                Ombudsman under this chapter during the preceding year.
                    ``(B) An assessment of the most common difficulties 
                encountered by workers seeking benefits under this 
                chapter during the preceding year.
            ``(3) Initial report.--The first report under paragraph (1) 
        shall be the report submitted in 2008.
    ``(f) Outreach.--The Secretary of Labor (and the Secretary of the 
Treasury, with respect to the tax credit for health insurance costs 
under section 35 of the Internal Revenue Code of 1986) shall undertake 
outreach to advise the public of the existence and duties of the 
Office.''.
    (b) Technical Amendment.--The table of contents for title II of the 
Trade Act of 1974 is amended by inserting after the item relating to 
section 221 the following:

``Sec. 221A. Establishment of the Office of the Trade Adjustment 
                            Assistance Ombudsman.''.

SEC. 165. DATA COLLECTION; INFORMATION TO WORKERS.

    (a) Data Collection.--Subchapter C of chapter 2 of title II of the 
Trade Act of 1974 (19 U.S.C. 2311 et seq.) is amended by adding at the 
end the following:

``SEC. 250. DATA COLLECTION; REPORT.

    ``(a) Data Collection.--The Secretary shall, pursuant to 
regulations prescribed by the Secretary, collect any data necessary to 
meet the requirements of this chapter. The Secretary shall collect and 
publish, on an annual basis, the following:
            ``(1) The number of workers certified and the number of 
        workers actually participating in the trade adjustment 
        assistance program.
            ``(2) The time for processing petitions filed under section 
        221.
            ``(3) The number of training waivers granted under section 
        231(c), classified by the type of waiver granted.
            ``(4) The number of workers receiving benefits and the type 
        of benefits being received.
            ``(5) The number of workers enrolled in, and the duration 
        of, training approved under section 236 by major types of 
        training.
            ``(6) Earnings history of workers that reflects wages 
        before separation and wages in any job obtained after receiving 
        benefits under this chapter.
            ``(7) Reemployment rates and sectors in which dislocated 
        workers have been employed.
            ``(8) The cause of dislocation identified in each petition 
        that resulted in a certification under this chapter.
            ``(9) The number of petitions filed and workers certified 
        in each congressional district of the United States.
    ``(b) 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 collection of data required under subsection (a) and 
        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 program 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)).
    ``(c) Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of the Trade Adjustment Assistance Improvement 
        Act, 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 a report that 
        includes the information collected under this section.
            ``(2) Availability.--The Secretary shall make a report 
        required by paragraph (1) available to each State and to the 
        public.''.
    (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:

``Sec. 250. Data collection; report.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 60 days after the date of the enactment of 
this Act.

SEC. 166. PILOT PROGRAM FOR DISTRIBUTION OF INFORMATION TO WORKERS.

    (a) In General.--Not later than September 30, 2008, the Secretary 
of Labor shall fully implement a pilot program to provide information 
on the availability of trade adjustment assistance under chapter 2 of 
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) to workers 
who inquire about or receive unemployment insurance benefits. The pilot 
program shall use telephone, Internet, and in-person communication to 
distribute such information to workers.
    (b) Study and Report by Comptroller General.--Not later than March 
31, 2011, the Comptroller General of the United States shall--
            (1) conduct a study of the implementation and outcomes of 
        the pilot program under subsection (a); and
            (2) submit to the Committee on Finance of the Senate and 
        the Committee on Ways and Means of the House of Representatives 
        a report on the findings of the study conducted under paragraph 
        (1).
    (c) Regulations.--The Secretary of Labor shall prescribe such 
regulations as may be necessary to implement the pilot program under 
subsection (a), pursuant to section 553 of title 5, United States Code.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 167. AGREEMENTS WITH STATES.

    Section 239(a) of the Trade Act of 1974 (19 U.S.C. 2311(a)) is 
amended by striking ``and (4)'' and inserting ``(4) will use personnel 
standards on a merit basis in the administration of services and 
payment of benefits to adversely affected workers under this chapter, 
and (5)''.

SEC. 168. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) 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''.
    (b) Conforming Amendment.--Section 265(a) of the Trade Act of 1974 
(19 U.S.C. 2355(a)) is amended by striking ``new product development'' 
and inserting ``the development of new products and services''.

SEC. 169. EXTENSION OF AUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE FOR 
              WORKERS.

    (a) In General.--Section 245(a) of the Trade Act of 1974 (19 U.S.C. 
2317(a)) is amended by striking ``December 31, 2007'' and inserting 
``September 30, 2012''.
    (b) Termination.--Section 285(a) of the Trade Act of 1974 (19 
U.S.C. 2271 note) is amended by striking ``December 31, 2007'' each 
place it appears and inserting ``September 30, 2012''.

         TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

SEC. 201. PURPOSE.

    The purpose of this title is to assist communities negatively 
impacted by trade with economic adjustment through the integration of 
political and economic organizations, the coordination of Federal, 
State, and local resources, the creation of community-based development 
strategies, and the provision of economic transition assistance.

SEC. 202. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

    Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et 
seq.) is amended to read as follows:

        ``CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

``SEC. 271. DEFINITIONS.

    ``In this chapter:
            ``(1) Agricultural commodity producer.--The term 
        `agricultural commodity producer' has the same meaning as the 
        term `person' as prescribed by regulations promulgated under 
        section 1001(e) of the Food Security Act of 1985 (7 U.S.C. 
        1308(e)).
            ``(2) Community.--The term `community' means a city, 
        county, or other political subdivision of a State or a 
        consortium of political subdivisions of a State that the 
        Secretary certifies as being negatively impacted by trade.
            ``(3) Community negatively impacted by trade.--A community 
        negatively impacted by trade means a community with respect to 
        which a positive determination has been made under section 273.
            ``(4) Eligible community.--The term `eligible community' 
        means a community certified under section 273 for assistance 
        under this chapter.
            ``(5) Fisherman.--
                    ``(A) In general.--The term `fisherman' means any 
                person who--
                            ``(i) is engaged in commercial fishing; or
                            ``(ii) is a United States fish processor.
                    ``(B) Commercial fishing, fish, fishery, fishing, 
                fishing vessel, person, and united states fish 
                processor.--The terms `commercial fishing', `fish', 
                `fishery', `fishing', `fishing vessel', `person', and 
                `United States fish processor' have the same meanings 
                as such terms have in section 3 of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 
                1802).
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Commerce.

``SEC. 272. COMMUNITY TRADE ADJUSTMENT ASSISTANCE PROGRAM.

    ``(a) Establishment.--Within 6 months after the date of the 
enactment of the Trade Adjustment Assistance Improvement Act, the 
Secretary shall establish a trade adjustment assistance for communities 
program at the Department of Commerce.
    ``(b) Personnel.--The Secretary shall designate such staff as may 
be necessary to carry out the responsibilities described in this 
chapter.
    ``(c) Coordination of Federal Response.--The Secretary shall--
            ``(1) provide leadership, support, and coordination for a 
        comprehensive management program to address economic 
        dislocation in eligible communities;
            ``(2) coordinate the Federal response to an eligible 
        community--
                    ``(A) by identifying all Federal, State, and local 
                resources that are available to assist the eligible 
                community in recovering from economic distress;
                    ``(B) by ensuring that all Federal agencies 
                offering assistance to an eligible community do so in a 
                targeted, integrated manner that ensures that an 
                eligible community has access to all available Federal 
                assistance;
                    ``(C) by assuring timely consultation and 
                cooperation between Federal, State, and regional 
                officials concerning economic adjustment for an 
                eligible community; and
                    ``(D) by identifying and strengthening existing 
                agency mechanisms designed to assist eligible 
                communities in their efforts to achieve economic 
                adjustment and workforce reemployment;
            ``(3) provide comprehensive technical assistance to any 
        eligible community in the efforts of that community to--
                    ``(A) identify serious economic problems in the 
                community that are the result of negative impacts from 
                trade;
                    ``(B) integrate the major groups and organizations 
                significantly affected by the economic adjustment;
                    ``(C) access Federal, State, and local resources 
                designed to assist in economic development and trade 
                adjustment assistance;
                    ``(D) diversify and strengthen the community 
                economy; and
                    ``(E) develop a community-based strategic plan to 
                address economic development and workforce dislocation, 
                including unemployment among agricultural commodity 
                producers and fishermen;
            ``(4) establish specific criteria for submission and 
        evaluation of a strategic plan submitted under section 274(d);
            ``(5) establish specific criteria for submitting and 
        evaluating applications for grants under section 275;
            ``(6) administer the grant programs established under 
        sections 274 and 275; and
            ``(7) establish an interagency Trade Adjustment Assistance 
        for Communities Working Group, chaired by the Secretary or a 
        designee of the Secretary, consisting of the representatives of 
        any Federal department or agency with responsibility for 
        economic adjustment assistance, including the Department of 
        Agriculture, the Department of Education, the Department of 
        Labor, the Department of Housing and Urban Development, the 
        Department of Health and Human Services, the Small Business 
        Administration, the Department of the Treasury, the Department 
        of Commerce, and any other Federal, State, or regional 
        department or agency the Secretary determines necessary or 
        appropriate.

``SEC. 273. CERTIFICATION AND NOTIFICATION.

    ``(a) Certification.--Not later than 180 days after an event 
described in subsection (c)(1), a community described in subsection 
(b)(1) may submit a petition to the Secretary for a determination under 
subsection (b)(2) that the community is negatively impacted by trade, 
as described in subsection (b)(2). If the Secretary makes a positive 
determination, the Secretary shall certify the community as eligible 
for assistance under this chapter.
    ``(b) Determination That Community Is Eligible.--
            ``(1) Community described.--A community described in this 
        paragraph means a community with respect to which, on or after 
        October 1, 2008--
                    ``(A) the Secretary of Labor certifies a group of 
                workers (or their authorized representative) in the 
                community as eligible to apply for assistance pursuant 
                to section 223;
                    ``(B) the Secretary of Commerce certifies a firm 
                located in the community as eligible to apply for 
                adjustment assistance under section 251; or
                    ``(C) the Secretary of Agriculture certifies a 
                group of agricultural commodity producers (or their 
                authorized representative) in the community as eligible 
                to apply for adjustment assistance under section 293.
            ``(2) Negatively impacted by trade.--The Secretary shall 
        determine that a community is negatively impacted by trade, 
        after taking into consideration--
                    ``(A) the number of jobs affected compared to the 
                size of the workforce in the community;
                    ``(B) the severity of the rate of unemployment in 
                the community and the duration of the unemployment in 
                the community;
                    ``(C) the income levels and the extent of 
                underemployment in the community;
                    ``(D) the out-migration of population from the 
                community and the extent to which the out-migration is 
                causing economic injury in the community; and
                    ``(E) the unique problems and needs of the 
                community.
    ``(c) Definition and Special Rules.--
            ``(1) Event described.--An event described in this 
        paragraph means one of the following:
                    ``(A) A notification described in paragraph (2).
                    ``(B) A certification of a firm under section 251.
                    ``(C) A determination by the Secretary that a 
                significant number of fishermen in a community have 
                been negatively impacted by trade.
            ``(2) Notification.--The Governor of a State shall be 
        notified immediately--
                    ``(A) by the Secretary of Labor, upon making a 
                determination that a group of workers in the State is 
                eligible for trade adjustment assistance under section 
                223;
                    ``(B) by the Secretary of Commerce, upon making a 
                determination that a firm in the State is eligible for 
                adjustment assistance under section 251; and
                    ``(C) by the Secretary of Agriculture, upon making 
                a determination that a group of agricultural commodity 
                producers in the State is eligible for adjustment 
                assistance under section 293.
            ``(3) Look back.--
                    ``(A) In general.--Not later than 210 days after 
                the date described in clause (ii), a community 
                described in subsection (b)(1) may petition the 
                Secretary for a determination that the community is 
                negatively impacted by trade, as described in 
                subsection (b)(2), in any case in which an event 
                described in paragraph (1) occurs--
                            ``(i) on or after January 1, 2007; and
                            ``(ii) before the date on which the 
                        Secretary completes the implementation of the 
                        program established pursuant to section 272(a).
                    ``(B) Notifications.--
                            ``(i) Notifications to the secretary of 
                        commerce.--If, during the period described in 
                        subparagraph (A), the Secretary of Labor makes 
                        a determination that a group of workers is 
                        eligible for trade adjustment assistance under 
                        section 223 (or the Secretary of Agriculture 
                        makes a determination that a group of 
                        agricultural commodity producers is eligible 
                        for adjustment assistance under section 293, as 
                        the case may be) the Secretary of Labor (or the 
                        Secretary of Agriculture, as the case may be) 
                        shall notify the Secretary of the determination 
                        not later than 30 days after the date described 
                        in subparagraph (A)(ii).
                            ``(ii) Notifications to states.--The 
                        Secretary shall notify the Governor of a State 
                        of--
                                    ``(I) a determination--
                                            ``(aa) described in clause 
                                        (i) made during the period 
                                        described in subparagraph (A) 
                                        in the State immediately upon 
                                        receiving the notification 
                                        required by clause (i); or
                                            ``(bb) made by the 
                                        Secretary during the period 
                                        described in subparagraph (A) 
                                        that a firm in the State is 
                                        eligible for adjustment 
                                        assistance under section 251; 
                                        and
                                    ``(II) the ability of a community 
                                affected by such a determination to 
                                petition under subparagraph (A) for a 
                                determination that the community is 
                                negatively impacted by trade.
    ``(d) Notification to Eligible Communities.--Immediately upon 
certification by the Secretary that a community is eligible for 
assistance under subsection (b), the Secretary shall notify the 
community--
            ``(1) of the determination under subsection (b);
            ``(2) of the provisions of this chapter;
            ``(3) how to access the clearinghouse established by the 
        Department of Commerce regarding available economic assistance;
            ``(4) how to obtain technical assistance provided under 
        section 272(c)(3); and
            ``(5) how to obtain grants, tax credits, low income loans, 
        and other appropriate economic assistance.

``SEC. 274. STRATEGIC PLANS.

    ``(a) In General.--An eligible community may develop a strategic 
plan for community economic adjustment and diversification.
    ``(b) Requirements for Strategic Plan.--A strategic plan shall 
contain, at a minimum, the following:
            ``(1) A description and justification of the capacity for 
        economic adjustment, including the method of financing to be 
        used.
            ``(2) A description of the commitment of the community to 
        the strategic plan over the long term and the participation and 
        input of groups affected by economic dislocation.
            ``(3) A description of the projects to be undertaken by the 
        eligible community.
            ``(4) A description of how the plan and the projects to be 
        undertaken by the eligible community will lead to job creation 
        and job retention in the community.
            ``(5) A description of how the plan will achieve economic 
        adjustment and diversification.
            ``(6) A description of how the plan and the projects will 
        contribute to establishing or maintaining a level of public 
        services necessary to attract and retain economic investment.
            ``(7) A description and justification for the cost and 
        timing of proposed basic and advanced infrastructure 
        improvements in the eligible community.
            ``(8) A description of how the plan will address the 
        occupational and workforce conditions in the eligible 
        community.
            ``(9) A description of the educational programs available 
        for workforce training and future employment needs.
            ``(10) A description of how the plan will adapt to changing 
        markets and business cycles.
            ``(11) A description and justification for the cost and 
        timing of the total funds required by the community for 
        economic assistance.
            ``(12) A graduation strategy through which the eligible 
        community demonstrates that the community will terminate the 
        need for Federal assistance.
    ``(c) Grants to Develop Strategic Plans.--The Secretary, upon 
receipt of an application from an eligible community, may award a grant 
to that community to be used to develop the strategic plan under 
subsection (a).
    ``(d) Submission of Plan.--A strategic plan developed under 
subsection (a) shall be submitted to the Secretary for evaluation and 
approval.

``SEC. 275. GRANTS FOR ECONOMIC DEVELOPMENT.

    ``(a) In General.--The Secretary, upon approval of a strategic plan 
from an eligible community, may award a grant to that community to 
carry out any project or program that is certified by the Secretary to 
be included in the strategic plan approved under section 274(d), or 
consistent with that plan.
    ``(b) Additional Grants.--
            ``(1) In general.--Subject to paragraph (2), in order to 
        assist eligible communities to obtain funds under Federal grant 
        programs, other than the grants provided for in section 274(c) 
        or subsection (a) of this section, the Secretary may, upon the 
        application of an eligible community, make a supplemental grant 
        to the community if--
                    ``(A) the purpose of the grant program from which 
                the grant is made is to provide technical or other 
                assistance for planning, constructing, or equipping 
                public works facilities or to provide assistance for 
                public service projects; and
                    ``(B) the grant is one for which the community is 
                eligible except for the community's inability to meet 
                the non-Federal share requirements of the grant 
                program.
            ``(2) Use as non-federal share.--A supplemental grant made 
        under this subsection may be used to provide the non-Federal 
        share of a project, unless the total Federal contribution to 
        the project for which the grant is being made exceeds 80 
        percent and that excess is not permitted by law.

``SEC. 276. GENERAL PROVISIONS.

    ``(a) Regulations.--The Secretary shall prescribe such regulations 
as are necessary to carry out the provisions of this chapter. The 
Secretary may not implement any regulation or guideline proposed by the 
Secretary with respect to this chapter, until the date that is 60 days 
after the date the Secretary submits the regulation or guideline to the 
Committee on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives.
    ``(b) Supplement Not Supplant.--Funds appropriated under this 
chapter shall be used to supplement and not supplant other Federal, 
State, and local public funds expended to provide economic development 
assistance for communities.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $300,000,000 for each of fiscal years 
2009 through 2013 to carry out this chapter. Amounts appropriated 
pursuant to this subsection shall remain available until expended.''.

SEC. 203. CONFORMING AMENDMENTS.

    (a) Termination.--Section 285(b) of the Trade Act of 1974 (19 
U.S.C. 2271 note) is amended by adding at the end the following:
            ``(3) Assistance for communities.--Technical assistance and 
        other payments may not be provided under chapter 4 after 
        September 30, 2013.''.
    (b) Table of Contents.--The table of contents for the Trade Act of 
1974 is amended by striking the items relating to chapter 4 of title II 
and inserting the following:

        ``Chapter 4--Trade Adjustment Assistance for Communities

``Sec. 271. Definitions.
``Sec. 272. Community Trade Adjustment Assistance Program.
``Sec. 273. Certification and notification.
``Sec. 274. Strategic plans.
``Sec. 275. Grants for economic development.
``Sec. 276. General provisions.''.
    (c) Judicial Review.--
            (1) Section 284(a) of the Trade Act of 1974 (19 U.S.C. 
        2395(a)) is amended--
                    (A) by inserting ``or 296'' after ``section 293'';
                    (B) by striking ``or any other interested domestic 
                party'' and inserting ``or authorized representative of 
                a community''; and
                    (C) by striking ``section 271'' and inserting 
                ``section 273''.
            (2) Section 1581(d) of title 28, United States Code, is 
        amended--
                    (A) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (3)--
                            (i) by striking ``271'' and inserting 
                        ``273''; and
                            (ii) by striking the period and inserting 
                        ``; and''; and
                    (C) by adding at the end the following:
            ``(4) any final determination of the Secretary of 
        Agriculture under section 293 or 296 of the Trade Act of 1974 
        (19 U.S.C. 2401b) with respect to the eligibility of a group of 
        agricultural commodity producers for adjustment assistance 
        under such Act.''.

SEC. 204. EFFECTIVE DATE.

    The provisions of this title shall take effect on October 1, 2008.

            TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

SEC. 301. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.

    (a) In General.--Section 251 of the Trade Act of 1974 (19 U.S.C. 
2341) is amended--
            (1) in subsection (a), by inserting ``or service sector 
        firm'' after ``(including any agricultural firm'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or service sector firm'' 
                        after ``any agricultural firm'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking ``, 
                                or'' and inserting a comma;
                                    (II) in clause (ii)--
                                            (aa) by inserting ``or 
                                        service'' after ``of an 
                                        article''; and
                                            (bb) by striking ``, and'' 
                                        and inserting ``, or''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) sales or production, or both, of an 
                        article or service that accounted for not less 
                        than 25 percent of the total production or 
                        sales of the firm during the 60-month period 
                        preceding the most recent 12-month period for 
                        which data are available have decreased 
                        absolutely, and''; and
                            (iii) in subparagraph (C), by striking 
                        ``increases of imports of articles like or 
                        directly competitive with articles which are 
                        produced'' and inserting ``imports of articles 
                        or services like or directly competitive with 
                        articles or services which are produced or 
                        provided''; and
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``paragraph (1)(C)--'' 
                and inserting ``paragraph (1)(C):''; and
            (3) by adding at the end the following:
    ``(e) Basis for the Determination of the Secretary.--
            ``(1) Increased imports.--For purposes of subsection 
        (c)(1)(C), the Secretary--
                    ``(A) may use data from any of the preceding three 
                calendar years to determine if the requirements of such 
                subsection have been met; and
                    ``(B) may determine that increases of imports of 
                like or directly competitive articles or services exist 
                if customers accounting for a significant percentage of 
                the sales of the workers' firm certify to the Secretary 
                that such customers are obtaining such articles or 
                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.''.
    (b) Definition.--Section 261 of the Trade Act of 1974 (19 U.S.C. 
2351) is amended--
            (1) by striking ``For purposes of'' and inserting ``(a) 
        Firm.--For purposes of''; and
            (2) by adding at the end the following:
    ``(b) Service Sector Firm.--For purposes of this chapter, the term 
`service sector firm' means a firm engaged in the business of providing 
services.''.

SEC. 302. EXTENSION OF AUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE FOR 
              FIRMS.

    (a) In General.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 
2346(b)) is amended by striking ``and $4,000,000 for the 3-month period 
beginning on October 1, 2007,'' and inserting ``and $50,000,000 for 
each of fiscal years 2008 through 2012,''.
    (b) Termination.--Section 285(b)(1) of the Trade Act of 1974 (19 
U.S.C. 2271 note) is amended by striking ``December 31, 2007'' and 
inserting ``September 30, 2012''.

           TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

SEC. 401. EXTENSION OF AUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE FOR 
              FARMERS.

    (a) In General.--Section 298(a) of the Trade Act of 1974 (19 U.S.C. 
2401g(a)) is amended by striking ``through 2007'' and all that follows 
through the end and inserting ``through 2012 to carry out this 
chapter.''.
    (b) Termination.--Section 285(b)(2) of the Trade Act of 1974 (19 
U.S.C. 2271 note) is amended by striking ``December 31, 2007'' each 
place it appears and inserting ``September 30, 2012''.
                                 <all>