[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3943 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3943

  To amend the Trade Act of 1974 to reauthorize the trade adjustment 
        assistance for workers program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 23, 2007

 Mr. Herger (for himself, Mr. Brady of Texas, Mr. Weller of Illinois, 
Mr. Ramstad, Mr. Ryan of Wisconsin, Mr. Tiberi, Mr. Nunes, and Mr. Sam 
Johnson of Texas) introduced the following bill; which was referred to 
                    the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend the Trade Act of 1974 to reauthorize the trade adjustment 
        assistance for workers program, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Adjustment 
Assistance and Training Improvements Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

                Subtitle A--Petitions and Determinations

Sec. 101. Petitions.
Sec. 102. Group eligibility requirements.
Sec. 103. Determinations by Secretary of Labor.
Sec. 104. Benefit information to workers.
Sec. 105. Administrative reconsideration of determinations by Secretary 
                            of Labor.
                      Subtitle B--Program Benefits

                Chapter 1--Trade Readjustment Allowances

Sec. 111. Qualifying requirements for workers.
Sec. 112. Weekly amounts.
Sec. 113. Limitations on trade readjustment allowances.
    Chapter 2--Training, Other Reemployment Services, and Allowances

Sec. 121. Reemployment services.
Sec. 122. Training.
Sec. 123. Job search allowances.
Sec. 124. Relocation allowances.
                     Subtitle C--General Provisions

Sec. 131. Agreements with States.
Sec. 132. Authorization of appropriations; incentive payments to 
                            States.
Sec. 133. Phase-out of demonstration project for alternative trade 
                            adjustment assistance for older workers.
Sec. 134. Wage supplement program.
Sec. 135. Definitions.
Sec. 136. Capacity-building grants to enhance training for workers.
                       Subtitle D--Effective Date

Sec. 141. Effective date.
   TITLE II--OTHER TRADE ADJUSTMENT ASSISTANCE PROGRAMS AND RELATED 
                               PROVISIONS

Sec. 201. Technical assistance for firms.
Sec. 202. Extension of trade adjustment assistance for firms.
Sec. 203. Extension of trade adjustment assistance for farmers.
Sec. 204. Judicial review.
Sec. 205. Termination.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Credit reduction for failures relating to co-enrollment of 
                            participants and program performance 
                            reports.
Sec. 302. TAA wage supplement participants eligibility for credit for 
                            health insurance costs.

            TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

                Subtitle A--Petitions and Determinations

SEC. 101. PETITIONS.

    Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is 
amended--
            (1) in paragraph (1), by striking ``simultaneously with the 
        Secretary and with the Governor of the State in which such 
        workers' firm or subdivision is located'' and inserting ``with 
        the Secretary'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (3) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2) Upon receipt of a petition filed under paragraph (1), the 
Secretary shall promptly notify the Governor of the State in which such 
workers' firm or subdivision is located of the filing of the petition 
and its contents.'';
            (4) in paragraph (3) (as redesignated by paragraph (2) of 
        this section), by striking ``a petition filed under paragraph 
        (1)'' and inserting ``a notice under paragraph (2)''; and
            (5) in paragraph (4) (as redesignated by paragraph (2) of 
        this section)--
                    (A) by striking ``the petition'' and inserting ``a 
                petition filed under paragraph (1)''; and
                    (B) by inserting ``and on the Website of the 
                Department of Labor'' after ``in the Federal 
                Register''.

SEC. 102. GROUP ELIGIBILITY REQUIREMENTS.

    (a) In General.--Subsection (a)(2)(B)(i) of section 222 of the 
Trade Act of 1974 (19 U.S.C. 2272) is amended by inserting at the end 
before the semicolon the following: ``that contributed importantly to 
such workers' separation or threat of separation''.
    (b) Adversely Affected Secondary Workers.--Subsection (b) of such 
section is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) by redesignating paragraph (3) as paragraph (4);
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) the sales or production, or both, of such firm or 
        subdivision have decreased absolutely; and''; and
            (4) in subparagraph (A) of paragraph (4) (as redesignated 
        by paragraph (2) of this subsection), by inserting at the end 
        before the semicolon the following: ``and contributed 
        importantly to the workers' separation or threat of separation 
        determined under paragraph (1)''.
    (c) Definitions.--Subsection (c) of such section is amended--
            (1) in paragraph (3), by striking ``, if the certification 
        of eligibility under subsection (a) is based on an increase in 
        imports from, or a shift in production to, Canada or Mexico''; 
        and
            (2) by adding at the end the following new paragraphs:
            ``(5) The term `article' means--
                    ``(A) a tangible product subject to duty under the 
                Harmonized Tariff Schedule of the United States which 
                is not incidental to the provision of a service; or
                    ``(B) an intangible product, such as a digital 
                product (including computer programs, text, video, 
                image and sound recordings, and similar products), that 
                would be subject to duty under the Harmonized Tariff 
                Schedule of the United States if the intangible product 
                were embodied in a physical medium and which is not 
                incidental to the provision of a service.
            ``(6) The term `worker' means--
                    ``(A) with respect to a firm described in 
                subsection (a)--
                            ``(i) an individual directly employed by 
                        the firm that produces an article that is the 
                        basis for a determination under subsection (a) 
                        and who performs tasks relating to the 
                        production of the article; or
                            ``(ii) an individual who is under the 
                        operational control of the firm that produces 
                        an article that is the basis for a 
                        determination under subsection (a) pursuant to 
                        a contract or leasing arrangement and who 
                        performs tasks relating to the production of 
                        the article;
                    ``(B) with respect to a firm that is a supplier 
                described in subsection (b)--
                            ``(i) an individual directly employed by 
                        the firm that is a supplier and who performs 
                        tasks relating to the production of component 
                        parts for an article that is the basis for a 
                        determination under subsection (a); or
                            ``(ii) an individual who is under the 
                        operational control of the firm that is a 
                        supplier pursuant to a contract or leasing 
                        arrangement and who performs tasks relating to 
                        the production of component parts for an 
                        article that is the basis for a determination 
                        under subsection (a); and
                    ``(C) with respect to a firm that is a downstream 
                producer described in subsection (b)--
                            ``(i) an individual directly employed by 
                        the firm that is a downstream producer and who 
                        perform tasks relating to the provision of 
                        additional, value-added production processes 
                        for an article that is the basis for a 
                        determination under subsection (a); or
                            ``(ii) an individual who is under the 
                        operational control of the firm that is a 
                        downstream producer pursuant to a contract or 
                        leasing arrangement and who performs tasks 
                        relating to the provision of additional, value-
                        added production processes for an article that 
                        is the basis for a determination under 
                        subsection (a).''.

SEC. 103. DETERMINATIONS BY SECRETARY OF LABOR.

    (a) Workers Covered by Certification.--Subsection (b) of section 
223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``under this section'' and inserting ``under subsection (a) or 
        (d) of this section''; and
            (2) in paragraph (2), to read as follows:
            ``(2) after the earliest of--
                    ``(A) the date that is two years after the date on 
                which certification is granted under subsection (a);
                    ``(B) the date that is two years after the date of 
                the earliest determination, if any, denying 
                certification under subsection (a); or
                    ``(C) the termination date, if any, determined 
                under subsection (e).''.
    (b) Publication of Determination.--Subsection (c) of such section 
is amended--
            (1) by striking ``his determination'' and inserting ``a 
        determination'';
            (2) by inserting ``and on the Website of the Department of 
        Labor'' after ``in the Federal Register''; and
            (3) by striking ``his reasons'' and inserting ``the 
        Secretary's reasons''.
    (c) Amendment to Certification.--Such section is further amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Whenever the Secretary determines, with respect to any 
certification of eligibility of the workers of a firm or subdivision of 
the firm, and subject to such regulations as the Secretary may 
prescribe, that good cause exists to amend such certification, the 
Secretary shall amend such certification and promptly publish notice of 
such amendment in the Federal Register and on the Website of the 
Department of Labor together with the reasons for making such 
determination.''.
    (d) Termination of Certification.--Subsection (e) of such section 
(as redesignated by subsection (c)(1) of this section) is amended--
            (1) by striking ``he shall'' and inserting ``the Secretary 
        shall'';
            (2) by inserting ``and on the Website of the Department of 
        Labor'' after ``in the Federal Register''; and
            (3) by striking ``his reasons'' and inserting ``the 
        Secretary's reasons''.

SEC. 104. BENEFIT INFORMATION TO WORKERS.

    Section 225(a) of the Trade Act of 1974 (19 U.S.C. 2275(a)) is 
amended in the fourth sentence by striking ``the State Board for 
Vocational Education or equivalent agency and other public or private 
agencies, institutions, and employers, as appropriate,'' and inserting 
``the appropriate State workforce investment board (established under 
section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821)) 
and State workforce agency responsible for the administration of the 
State workforce investment program funded under title I of the 
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)''.

SEC. 105. ADMINISTRATIVE RECONSIDERATION OF DETERMINATIONS BY SECRETARY 
              OF LABOR.

    (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 adding at the end 
the following new section:

``SEC. 226. ADMINISTRATIVE RECONSIDERATION OF DETERMINATIONS BY 
              SECRETARY OF LABOR.

    ``(a) Administrative Reconsideration.--
            ``(1) In general.--A worker, group of workers, certified or 
        recognized union or other duly authorized representative of 
        such worker or group of workers, or any of the individuals or 
        entities described in section 221(a)(1)(C), aggrieved (or on 
        behalf of such workers aggrieved) by a determination of the 
        Secretary of Labor under section 223 denying a certification of 
        eligibility, may file a request for administrative 
        reconsideration with the Secretary not later than 60 days after 
        the date on which notice of the determination is published 
        under section 223.
            ``(2) Failure to make timely request.--The failure to file 
        a request for administrative reconsideration of a determination 
        denying a certification of eligibility under section 223 within 
        the 60-day period described in paragraph (1) shall be deemed to 
        be a failure to exhaust administrative remedies and such 
        determination shall not be subject to judicial review under 
        section 284.
    ``(b) Notice, Review, and Final Determination.--
            ``(1) Notice.--If a request for administrative 
        reconsideration of a determination of the Secretary is filed in 
        accordance with the provisions of subsection (a), the Secretary 
        shall promptly publish notice thereof in the Federal Register 
        and on the Website of the Department of Labor.
            ``(2) Review of determination.--The Secretary shall 
        initiate a review of the determination of the Secretary upon 
        filing of the request for administrative reconsideration under 
        subsection (a) and shall include an opportunity for interested 
        persons to submit additional information.
            ``(3) Final determination.--The Secretary shall issue a 
        final determination on the request for administrative 
        reconsideration not later than 60 days after the date on which 
        the Secretary publishes notice of the request for 
        reconsideration pursuant to paragraph (1). Upon reaching a 
        determination on a reconsideration, the Secretary shall 
        promptly publish a summary of the determination in the Federal 
        Register and on the Website of the Department of Labor, 
        together with the reasons for making such determination. The 
        requirements relating to judicial review under section 284 
        shall apply to any determination made by the Secretary under 
        this subsection.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Trade Act of 1974 is amended by inserting after the item relating to 
section 225 the following:

``Sec. 226. Administrative reconsideration of determinations by 
                            Secretary of Labor.''.

                      Subtitle B--Program Benefits

                CHAPTER 1--TRADE READJUSTMENT ALLOWANCES

SEC. 111. QUALIFYING REQUIREMENTS FOR WORKERS.

    (a) Basic Trade Readjustment Allowance.--Subsection (a) of section 
231 of the Trade Act of 1974 (19 U.S.C. 2291) is amended--
            (1) in the matter preceding paragraph (1), by striking ``60 
        days'' and inserting ``40 days'';
            (2) in paragraph (1), by striking ``occurred--'' and all 
        that follows and inserting ``occurred during the period 
        described in section 223(b).''; and
            (3) by striking paragraphs (4) and (5).
    (b) Payment of Additional Trade Readjustment Allowance.--Such 
section is further amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) In addition to the payment of a trade readjustment allowance 
under subsection (a), payment of an additional trade readjustment 
allowance shall be made to an adversely affected worker who is covered 
by a certification under subchapter A and who--
            ``(1) files an application for such allowance for any week 
        of unemployment which begins after the worker has received the 
        maximum amount of trade readjustment allowances payable under 
        subsection (a);
            ``(2) meets the conditions described in paragraphs (1) 
        through (3) of subsection (a); and
            ``(3) is either--
                    ``(A) totally unemployed and is enrolled in a full-
                time training program approved by the Secretary under 
                section 236(a); or
                    ``(B) partially unemployed and is enrolled in a 
                full-time or part-time training program approved by the 
                Secretary under section 236(a).''.
    (c) Withholding of Trade Readjustment Allowance Pending Beginning 
or Resumption of Participation in Training Program; Period of 
Applicability.--Subsection (c) of such section (as redesignated by 
subsection (b)(1) of this section) is amended to read as follows:
    ``(c) If the Secretary determines that--
            ``(1) the adversely affected worker--
                    ``(A) has failed to begin participation in the 
                training program the enrollment in which meets the 
                requirement of subsection (b)(3), or
                    ``(B) has ceased to participate in such training 
                program before completing such training program, and
            ``(2) there is no justifiable cause for such failure or 
        cessation,
no trade readjustment allowance may be paid to the adversely affected 
worker under this part for the week in which such failure, cessation, 
or revocation occurred, or any succeeding week, until the adversely 
affected worker begins or resumes participation in a training program 
approved under section 236(a).''.
    (d) Waivers of Training Requirements.--Subsection (d) of such 
section (as redesignated by subsection (b)(1) of this section) is 
hereby repealed.

SEC. 112. WEEKLY AMOUNTS.

    (a) In General.--Subsection (a) of section 232 of the Trade Act of 
1974 (19 U.S.C. 2292) is amended--
            (1) by striking ``(a)'' and inserting ``(a)(1)'';
            (2) by inserting ``paragraph (2) and'' after ``Subject 
        to'';
            (3) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively; and
            (4) by adding at the end the following new paragraph:
    ``(2)(A) Notwithstanding section 231(a)(3)(B), if an adversely 
affected worker who is participating in training qualifies for 
unemployment insurance under State law, based in whole or in part upon 
part-time or short-term employment following approval of the worker's 
initial trade readjustment allowance application under section 231(a), 
then for any week for which unemployment insurance is payable and for 
which the worker would otherwise be entitled to a trade readjustment 
allowance based upon the certification under section 223, the worker 
shall be paid a trade readjustment allowance in the amount described in 
subparagraph (B).
    ``(B) The trade readjustment allowance payable under subparagraph 
(A) shall be equal to the weekly benefit amount of the unemployment 
insurance upon which the worker's trade readjustment allowance was 
initially determined under paragraph (1), reduced by--
            ``(i) the amount of the unemployment insurance benefit 
        payable to such worker for that week of unemployment for which 
        a trade readjustment allowance is payable under subparagraph 
        (A) of this paragraph; and
            ``(ii) the amounts described in subparagraphs (A) and (B) 
        of paragraph (1).''.
    (b) Adversely Affected Workers Who Are Undergoing Training.--
Subsection (b) of such section is amended--
            (1) by inserting ``under section 231(b)'' after ``who is 
        entitled to trade readjustment allowances''; and
            (2) by striking ``he is undergoing any such'' and inserting 
        ``such worker is undergoing''.

SEC. 113. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES.

    Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``The maximum amount'' and 
                        inserting ``Except as provided in paragraph 
                        (3), the maximum amount''; and
                            (ii) by striking ``52'' and inserting 
                        ``39''; and
                    (B) in paragraph (3), by striking ``52'' each place 
                it appears and inserting ``65'';
            (2) by striking subsection (b);
            (3) by redesignating subsections (c) through (g) as 
        subsections (b) through (f), respectively; and
            (4) in subsection (f) (as redesignated by paragraph (3) of 
        this section), by striking ``section 236(a)(5)(D)'' and 
        inserting ``section 236''.

    CHAPTER 2--TRAINING, OTHER REEMPLOYMENT SERVICES, AND ALLOWANCES

SEC. 121. REEMPLOYMENT SERVICES.

    (a) In General.--Section 235 of the Trade Act of 1974 (19 U.S.C. 
2295) is amended--
            (1) in the heading, by striking ``employment'' and 
        inserting ``reemployment'';
            (2) by striking ``The Secretary'' the first place it 
        appears and inserting ``(a) The Secretary'';
            (3) by striking ``counseling, testing, and placement 
        services, and supportive and other services'' and inserting 
        ``career counseling, testing and assessments, and job placement 
        services, and supportive and other services''; and
            (4) by adding at the end the following new subsection:
    ``(b) In order to facilitate the provision of services described in 
subsection (a), the Secretary shall ensure the effective implementation 
of the requirements of section 239(e) relating to the co-enrollment of 
adversely affected workers in the dislocated worker program authorized 
under chapter 5 of subtitle B of title I of the Workforce Investment 
Act of 1998 (29 U.S.C. 2861 et seq.).''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Trade Act of 1974 is amended by striking the heading relating to part 
II of subchapter B of chapter 2 of title II of the Trade Act of 1974 
and the item relating to section 235 of such Act and inserting the 
following:

    ``Part II--Training, Other Reemployment Services, and Allowances

``Sec. 235. Reemployment services.''.

SEC. 122. TRAINING.

    (a) In General.--Section 236 of the Trade Act of 1974 (19 U.S.C. 
2296) is amended to read as follows:

``SEC. 236. TRAINING.

    ``(a) Approval of Training.--
            ``(1) In general.--If the Secretary determines that an 
        adversely affected worker, including an adversely affected 
        worker who has obtained reemployment subsequent to separation 
        from the adversely affected employment, or an adversely 
        affected incumbent worker, meets the criteria described in 
        paragraph (2), and otherwise meets the requirements described 
        under this section, the Secretary shall approve the training 
        program requested by the worker. Upon such approval, the worker 
        shall be entitled to have payment of the costs of such training 
        (subject to the limitations imposed by this section) paid on 
        the worker's behalf by the Secretary directly or through a 
        voucher system. The costs of such training shall include the 
        costs of tuition, books, required tools, and fees related to 
        education, licensing, or certification.
            ``(2) Criteria for approval of training program.--For 
        purposes of paragraph (1), training for an adversely affected 
        worker or an adversely affected incumbent worker, shall be 
        approved if the Secretary determines that--
                    ``(A) the worker needs additional marketable skills 
                to obtain or retain employment comparable to the 
                worker's adversely affected employment;
                    ``(B) there is a reasonable expectation of such 
                employment following the completion of the training; 
                and
                    ``(C) the worker is qualified to undertake and 
                complete the training sought.
            ``(3) Enrollment deadline.--
                    ``(A) In general.--In order to receive assistance 
                under this section, a worker shall enroll in a training 
                program approved under paragraph (1) not later than the 
                later of--
                            ``(i) the last day of the 39th week after 
                        the worker's most recent separation from 
                        adversely affected employment which meets the 
                        requirements of paragraphs (1) and (2) of 
                        section 231(a); or
                            ``(ii) the last day of the 13th week after 
                        the week in which the Secretary issues a 
                        certification under subchapter A covering such 
                        worker.
                    ``(B) Extension for justifiable cause.--The 
                Secretary may grant an extension of the enrollment 
                period described in subparagraph (A) for a worker if 
                the Secretary determines that there is justifiable 
                cause for such an extension.
    ``(b) Funding for Training.--
            ``(1) Annual limit on aggregate payments under program.--
                    ``(A) In general.--The total amount of payments 
                that may be made under subsection (a)(1) for any fiscal 
                year shall not exceed $220,000,000.
                    ``(B) Apportionment among states.--The Secretary 
                shall establish a method for apportioning among States 
                the funds that are available for training under this 
                chapter in any fiscal year. Such method may include the 
                use of formula allotments and reallotments, and the 
                establishment of a reserve that is used to assist in 
                apportioning funds to those States in need of 
                additional funding during the fiscal year.
            ``(2) Limitations applicable to workers.--
                    ``(A) Duration.--Subject to subparagraph (C), the 
                costs of a training program approved under subsection 
                (a)(1) for an adversely affected worker or an adversely 
                affected incumbent worker shall be paid under this 
                section for a period not to exceed four years from the 
                date the worker first enrolled in the training program. 
                A worker may participate in such training program 
                during such period on a full-time or part-time basis. 
                During the period of participation the worker shall 
                make adequate yearly progress, as determined by the 
                Secretary, toward the attainment of a license, 
                certificate, or degree pursuant to such training 
                program in order to remain eligible for assistance 
                under this section.
                    ``(B) Amount.--Subject to subparagraph (C), the 
                payments for a training program under subsection (a)(1) 
                for a worker may not exceed $4,000 for any one-year 
                period, or a total of $8,000 over the maximum four-year 
                period described in subparagraph (A).
                    ``(C) Exceptions.--
                            ``(i) Literacy training and 
                        prerequisites.--If the Secretary determines 
                        that an adversely affected worker or an 
                        adversely affected incumbent worker needs 
                        literacy training, English as a second language 
                        instruction, remedial education, educational 
                        assistance to obtain a high school diploma or 
                        General Equivalency Degree, or prerequisites in 
                        order to participate in a training program for 
                        occupations in demand, the Secretary shall 
                        approve the provision of such activities and 
                        provide up to $1,000 in payments for such 
                        activities. Such payments shall not be included 
                        for purposes of applying the limits on payments 
                        described in subparagraph (B).
                            ``(ii) On-the-job training.--The provisions 
                        of subparagraphs (A) and (B) shall not be 
                        applicable to on-the-job training programs, 
                        except as provided in subsection (f)(2).
            ``(3) Duplicative payments prohibited.--No payment may be 
        made under subsection (a)(1) of the costs of training an 
        adversely affected worker or an adversely affected incumbent 
        worker if such costs are payable or have already been paid 
        under any other provision of Federal law.
            ``(4) Report.--
                    ``(A) In general.--Not later than May 31 and 
                November 30 of each year, 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 initial allocation among States 
                        of funds for training approved under this 
                        section;
                            ``(ii) any additional distributions of 
                        funds for training approved under this section 
                        during the two most recent fiscal quarters and 
                        cumulatively during the fiscal year;
                            ``(iii) the amount of funds obligated and 
                        expended by the States to provide training 
                        approved under this section during the two most 
                        recent fiscal quarters and cumulatively during 
                        the fiscal year; and
                            ``(iv) the efforts of the Department of 
                        Labor to ensure that each State receives an 
                        appropriate level of funds during the fiscal 
                        year to provide training approved under this 
                        section to all eligible workers.
                    ``(B) Definition.--In this paragraph, the term 
                `fiscal quarter' means any 3-month period beginning on 
                October 1, January 1, April 1, or July 1 of a fiscal 
                year.
    ``(c) Training Programs That May Be Approved.--The training 
programs that may be approved under subsection (a) include--
            ``(1) employer-based training, including--
                    ``(A) on-the-job training;
                    ``(B) customized training; and
                    ``(C) apprenticeship programs registered under the 
                National Apprenticeship Act (29 U.S.C. 50 et seq.);
            ``(2) a training program that leads to a license, 
        certificate, or degree and is linked to occupations in demand, 
        which may include training provided in classroom, distance 
        learning, and technology-based learning;
            ``(3) a training program that has been determined by a 
        State to be eligible to receive payments under section 122 of 
        the Workforce Investment Act of 1998 (29 U.S.C. 2842);
            ``(4) a program of remedial education that will enable a 
        worker to obtain employment or to enroll in a training program 
        described in paragraph (2) or (3); and
            ``(5) a training program for which all, or any portion, of 
        the costs of training the worker are paid--
                    ``(A) under any Federal or State program other than 
                this chapter; or
                    ``(B) from any source other than this section.
    ``(d) Sharing of Costs.--
            ``(1) In general.--The Secretary is not required under 
        subsection (a) to pay the costs of any training approved under 
        such subsection to the extent that such costs are paid--
                    ``(A) under any Federal or State program other than 
                this chapter; or
                    ``(B) from any source other than this section.
            ``(2) Cost-sharing agreement.--Before approving any 
        training to which paragraph (1) may apply, the Secretary may 
        require that the adversely affected worker or the adversely 
        affected incumbent worker enter into an agreement with the 
        Secretary under which the Secretary will not be required to pay 
        under this section the portion of the costs of such training 
        that the worker has reason to believe will be paid under the 
        program, or by the source, described in subparagraph (A) or (B) 
        of paragraph (1).
    ``(e) Supplemental Assistance.--
            ``(1) In general.--The Secretary may, where appropriate, 
        authorize supplemental assistance necessary to defray 
        reasonable transportation and subsistence expenses for separate 
        maintenance when training is provided in facilities that are 
        not within commuting distance of a worker's regular place of 
        residence.
            ``(2) Limitations.--The Secretary may not authorize--
                    ``(A) payments for subsistence that exceed 
                whichever is the lesser of--
                            ``(i) the actual per diem expenses for 
                        subsistence; or
                            ``(ii) payments at 50 percent of the 
                        prevailing per diem allowance rate authorized 
                        under the Federal travel regulations; or
                    ``(B) payments for travel expenses exceeding the 
                prevailing mileage rate authorized under the Federal 
                travel regulations.
    ``(f) Payment of Costs of On-the-Job Training.--
            ``(1) In general.--The Secretary shall pay the costs of any 
        on-the-job training of an adversely affected worker that is 
        approved under subsection (a)(l), but the Secretary may pay 
        such costs, notwithstanding any other provision of this 
        section, only if--
                    ``(A) no currently employed worker is displaced by 
                such adversely affected worker (including partial 
                displacement such as a reduction in the hours of 
                nonovertime work, wages, or employment benefits);
                    ``(B) such training does not impair existing 
                contracts for services or collective bargaining 
                agreements;
                    ``(C) in the case of training which would be 
                inconsistent with the terms of a collective bargaining 
                agreement, the written concurrence of the labor 
                organization concerned has been obtained;
                    ``(D) no other individual is on layoff from the 
                same, or any substantially equivalent, job for which 
                such adversely affected worker is being trained;
                    ``(E) the employer has not terminated the 
                employment of any regular employee or otherwise reduced 
                the work force of the employer with the intention of 
                filling the vacancy so created by hiring such adversely 
                affected worker;
                    ``(F) the job for which such adversely affected 
                worker is being trained is not being created in a 
                promotional line that will infringe in any way upon the 
                promotional opportunities of currently employed 
                individuals;
                    ``(G) such training is not for the same occupation 
                from which the worker was separated and with respect to 
                which such worker's group was certified pursuant to 
                section 222;
                    ``(H) the employer is provided reimbursement of not 
                more than 50 percent of the wage rate of the 
                participant, for the cost of providing the training and 
                additional supervision related to the training;
                    ``(I) the duration of such training does not exceed 
                1 year; and
                    ``(J) the employer has not received payment under 
                subsection (a)(1) with respect to any other on-the-job 
                training provided by such employer which failed to meet 
                the requirements of subparagraphs (A), (B), (C), (D), 
                (E), and (F).
            ``(2) Supplementary training.--An on-the-job training 
        program approved under this section may include, as a component 
        of such program, the provision of training with a provider 
        other than the employer that is not provided on-the-job and is 
        designed to enhance the occupational skills of the worker. The 
        costs of such training shall be subject to the limitation 
        described in subsection (b)(2)(B).
    ``(g) Effect of Approved Training on Eligibility for Unemployment 
Compensation.--A worker may not be determined to be ineligible or 
disqualified for unemployment insurance or program benefits under this 
subchapter because the individual is in training approved under 
subsection (a), because of leaving work which is not comparable 
employment to enter such training, or because of the application to any 
such week in training of provisions of State law or Federal 
unemployment insurance law relating to availability for work, active 
search for work, or refusal to accept work.
    ``(h) Definition.--In this section, the term `customized training' 
means training that is--
            ``(1) designed to meet the special requirements of an 
        employer or group of employers;
            ``(2) conducted with a commitment by the employer or group 
        of employers to employ an individual upon successful completion 
        of the training; and
            ``(3) for which the employer pays for a significant portion 
        of the cost of such training, as determined by the 
        Secretary.''.
    (b) Conforming Amendments.--Part II of subchapter B of chapter 2 of 
title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended--
            (1) in section 237(b)(2), by striking ``section 236(b)(1) 
        and (2)'' and inserting ``section 236''; and
            (2) in subsections (b)(1) and (c)(2) of section 238, by 
        striking ``section 236(b)(1) and (2)'' each place it appears 
        and inserting ``section 236''.

SEC. 123. JOB SEARCH ALLOWANCES.

    Section 237(a)(2) of the Trade Act of 1974 (19 U.S.C. 2297(a)(2)) 
is amended--
            (1) in subparagraph (B), by striking ``suitable'' and 
        inserting ``comparable''; and
            (2) in subparagraph (C)(ii), by striking ``, unless the 
        worker received a waiver under section 231(c)''.

SEC. 124. RELOCATION ALLOWANCES.

    Section 238(a)(2) of the Trade Act of 1974 (19 U.S.C. 2298(a)(2)) 
is amended--
            (1) in subparagraph (B), by striking ``suitable'' and 
        inserting ``comparable'';
            (2) in subparagraph (D)--
                    (A) in the heading, by striking ``suitable'' and 
                inserting ``out-of-area''; and
                    (B) in clause (i) to read as follows:
                            ``(i) has obtained employment affording a 
                        reasonable expectation of long-term duration in 
                        the area in which the worker wishes to relocate 
                        and which provides wages that are substantially 
                        greater than the wages for the employment that 
                        is likely to be available to the worker in the 
                        area from which the worker would be relocating; 
                        and''; and
            (3) in subparagraph (E)(ii), by striking ``, unless the 
        worker received a waiver under section 231(c)''.

                     Subtitle C--General Provisions

SEC. 131. AGREEMENTS WITH STATES.

    (a) In General.--Subsection (a) of section 239 of the Trade Act of 
1974 (19 U.S.C. 2311) is amended--
            (1) in the matter preceding clause (1), by striking ``any 
        State agency'' and inserting ``a State agency'';
            (2) in clause (2), to read as follows: ``(2) in accordance 
        with subsections (e) and (f), will afford adversely affected 
        workers testing and assessments, career counseling, referral to 
        training and job search programs, and job placement services, 
        and'';
            (3) by striking clause (3); and
            (4) by redesignating clause (4) as clause (3).
    (b) Administration.--Subsection (e) of such section is amended--
            (1) in the first sentence, to read as follows: ``Any 
        agreement entered into under this section shall provide for the 
        administration of the provision for reemployment services, 
        training, and supplemental assistance under sections 235 and 
        236 of this Act by the same State agency responsible for the 
        administration of the State workforce investment program funded 
        under title I of the Workforce Investment Act of 1998 (29 
        U.S.C. 2801 et seq.) and shall include such terms and 
        conditions as are established by the Secretary in consultation 
        with the States and set forth in such agreement.'';
            (2) in the second sentence, by striking ``Any agency'' and 
        inserting ``The agency''; and
            (3) by adding at the end the following new sentence: ``The 
        terms and conditions set forth in the agreement shall include 
        at a minimum that--
            ``(1) adversely affected workers applying for assistance 
        under this chapter shall be co-enrolled in the dislocated 
        worker program authorized under chapter 5 of subtitle B of 
        title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 
        et seq.); and
            ``(2) the services provided under this chapter shall be 
        administered through the one-stop delivery system established 
        under title I of such Act (29 U.S.C. 2801 et seq.).''.
    (c) Cooperating State Agency.--Subsection (f) of such section is 
amended--
    (1) in paragraph (2), by adding ``and'' at the end;
    (2) by striking paragraph (3);
    (3) by redesignating paragraph (4) as paragraph (3); and
    (4) in paragraph (3) (as redesignated by paragraph (3) of this 
subsection), by striking ``suitable''.
    (d) Performance Accountability.--Such section is further amended by 
adding at the end the following new subsection:
    ``(h) Performance Accountability.--
            ``(1) In general.--Any agreement entered into under this 
        section shall include performance measures that the cooperating 
        State or State agency is expected to achieve with respect to 
        the program carried out under this chapter. The performance 
        measures shall consist of indicators of performance and levels 
        of performance applicable to each indicator.
            ``(2) Indicators of performance.--The indicators of 
        performance shall be--
                    ``(A) entry into employment;
                    ``(B) retention in employment;
                    ``(C) average earnings; and
                    ``(D) such other indicators as the Secretary 
                determines are appropriate.
            ``(3) Levels of performance.--The levels of performance for 
        each State for the indicators of performance described in 
        paragraph (2) shall be determined by the Secretary, after 
        consultation with the State.
            ``(4) Performance reporting.--Any agreement shall also 
        include a requirement that the State annually report to the 
        Secretary the level of performance achieved with respect to 
        each indicator under the program carried out under this chapter 
        in the preceding fiscal year, and the State shall submit such 
        additional reports regarding the performance of programs as the 
        Secretary may require. The Secretary shall make the information 
        contained in the annual reports available to the general public 
        through publication on the Website of the Department of Labor 
        and other appropriate methods and shall provide copies of the 
        reports to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate. The 
        Secretary shall also publish on the Website of the Department 
        of Labor a list identifying those States that fail to submit 
        reports to the Secretary on a timely basis or fail to submit 
        accurate reports.''.

SEC. 132. AUTHORIZATION OF APPROPRIATIONS; INCENTIVE PAYMENTS TO 
              STATES.

    (a) In General.--Subsection (a) of section 245 of the Trade Act of 
1974 (19 U.S.C. 2317) is amended by striking ``December 31, 2007'' and 
inserting ``September 30, 2012''.
    (b) Incentive Payments to States.--Such section is further amended 
by adding at the end the following new subsection:
    ``(c) Incentive Payments to States.--If, in the last quarter of any 
fiscal year, the Secretary determines that the amount of funds needed 
to make payments for the costs of training under this chapter for such 
fiscal year will not reach the amount of the limitation described in 
section 236(b)(1)(A) and funds appropriated to make payments for the 
costs of such training remain available for obligation, the Secretary 
may use not more than an amount equal to five percent of the amount of 
the limitation described in such section 236(b)(1)(A) to award funds to 
States that the Secretary determines have demonstrated exemplary 
performance in carrying out the program under this chapter with respect 
to exceeding the performance levels established pursuant to section 
239(h) and with respect to such other factors as the Secretary 
determines appropriate. Such funds shall be available to the States for 
the purpose of enhancing the administration of the program which may 
include improvements to management information systems, targeted 
outreach, staff training, and enhanced services to participants.''.
    (c) Conforming and Clerical Amendments.--
            (1) Conforming amendment.--Such section is further amended 
        in the heading by inserting before the period at the end the 
        following: ``; incentive payments to states''.
            (2) Clerical amendment.--The table of contents in section 1 
        of the Trade Act of 1974 is amended by striking the item 
        relating to section 245 and inserting the following:

``Sec. 245. Authorization of appropriations; incentive payments to 
                            States.''.

SEC. 133. PHASE-OUT OF DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE 
              ADJUSTMENT ASSISTANCE FOR OLDER WORKERS.

    Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) 
is amended by striking ``the date that is 5 years after the date under 
which such program is implemented by the State'' and inserting 
``September 30, 2008''.

SEC. 134. WAGE SUPPLEMENT PROGRAM.

    (a) In General.--Chapter 2 of title II of the Trade Act of 1974 (19 
U.S.C. 2271 et seq.) is amended by inserting after section 246 the 
following new section:

``SEC. 246A. WAGE SUPPLEMENT PROGRAM.

    ``(a) Establishment.--Beginning on October 1, 2008, the Secretary 
shall establish a program to provide the benefits described in 
subsection (b) to an adversely affected worker who meets the 
eligibility criteria described in subsection (c), including the 
requirement that such worker be employed for the minimum number of 
hours per week described in subsection (c)(3).
    ``(b) Benefits.--
            ``(1) Amount of payments.--A State shall use the funds 
        provided to the State under section 241 to pay an hourly wage 
        supplement to an eligible adversely affected worker for a 
        period not to exceed 2 years, in an amount equal to the 
        difference, if any (but not less than zero) resulting from 
        subtracting the amount described in paragraph (2)(B) from the 
        amount described in paragraph (2)(A).
            ``(2) Factors.--(A) For purposes of paragraph (1), the 
        amount described in this subparagraph is the sum of--
                    ``(i) whichever is the highest of--
                            ``(I) the hourly minimum wage that is 
                        applicable to a worker under the Fair Labor 
                        Standards Act of 1938 (29 U.S.C. 201 et seq.), 
                        or if such worker is exempt under section 13 of 
                        such Act (29 U.S.C. 213), the hourly minimum 
                        wage that would be applicable if section 
                        6(a)(1) of such Act (29 U.S.C. 206(a)(1)) were 
                        applied; or
                            ``(II) the applicable State or local hourly 
                        minimum wage; and
                    ``(ii) $2.40.
            ``(B) For purposes of paragraph (1), the amount described 
        in this subparagraph is the hourly wage actually paid to such 
        worker.
            ``(3) Health insurance eligibility.--A worker described in 
        subsection (c) who is participating in the program established 
        under subsection (a) is eligible to receive, for a period not 
        to exceed 2 years, a credit for health insurance costs to the 
        extent provided under section 35 of the Internal Revenue Code 
        of 1986.
    ``(c) Eligibility for Wage Supplement.--A worker in a group that 
the Secretary has certified as eligible to apply for adjustment 
assistance under section 223 may elect to receive the benefits 
described in subsection (b) if such worker--
            ``(1) is covered by a certification under subchapter A of 
        this chapter;
            ``(2) meets the requirements of paragraphs (1) and (2) of 
        section 231(a));
            ``(3) is employed for an average of at least 30 hours per 
        week, which may include employment as part of an apprenticeship 
        program registered under the National Apprenticeship Act (20 
        U.S.C. 50 et seq.);
            ``(4) does not return to the employment from which the 
        worker was separated; and
            ``(5) has not received any payments under section 246 while 
        covered under the same certification as described in paragraph 
        (1).
    ``(d) Effect on Other Benefits.--A worker receiving payments under 
this section shall not be eligible to receive other benefits under this 
chapter except for training assistance provided under section 236 
(provided that such worker otherwise meets the requirements of section 
236) or the assistance described in subsection (b)(3). A worker may 
receive payments under this section during breaks in training that 
exceed the period described in section 233(e) if the worker otherwise 
meets the requirements of this section.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Trade Act of 1974 is amended by inserting after the item relating to 
section 246 the following:

``Sec. 246A. Wage supplement program.''.

SEC. 135. DEFINITIONS.

    Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended by 
adding at the end the following new paragraphs:
            ``(18) The term `comparable employment' means, with respect 
        to a worker, work of a substantially equal or higher skill 
        level than the worker's past adversely affected employment, and 
        wages for such work at not less than 80 percent of the worker's 
        average weekly wage.
            ``(19) The term `adversely affected incumbent worker' means 
        a worker who is a member of a group of workers who have been 
        certified as eligible to apply for adjustment assistance under 
        subchapter A and who has not been separated from adversely 
        affected employment.''.

SEC. 136. CAPACITY-BUILDING GRANTS TO ENHANCE TRAINING FOR WORKERS.

    (a) In General.--Chapter 2 of title II of the Trade Act of 1974 (19 
U.S.C. 2271 et seq.) is amended by adding at the end the following new 
section:

``SEC. 250. CAPACITY-BUILDING GRANTS TO ENHANCE TRAINING FOR WORKERS.

    ``(a) In General.--The Secretary may award grants to eligible 
entities described in subsection (b) to temporarily increase the 
capacity of such entities, through the activities authorized under 
subsection (c), to provide training to workers as provided for in 
section 236.
    ``(b) Eligible Entities.--An eligible entity referred to in 
subsection (a) is--
            ``(1) a community college (as such term is defined in 
        section 202(a)(2) of the Carl D. Perkins Vocational and Applied 
        Technology Education Amendments of 1998 (20 U.S.C. 2371(a)(2)) 
        that provides training for occupations in demand; or
            ``(2) a provider of training for occupations in demand that 
        is eligible to receive funds under section 122 of the Workforce 
        Investment Act of 1998 (29 U.S.C. 2842).
    ``(c) Authorized Activities.--An eligible entity that is awarded a 
grant under this section shall utilize funds under the grant to expand 
available training slots and prepare adversely affected workers and 
adversely affected incumbent workers under this chapter for occupations 
in demand by conducting such activities as the Secretary may authorize, 
including--
            ``(1) the development of education and training curricula, 
        which may be developed in consultation with employers of 
        incumbent workers, local workforce investment boards (as 
        defined in section 117 of the Workforce Investment Act of 1998 
        (29 U.S.C. 2832)), labor organizations that represent 
        individuals currently employed in occupations in demand for the 
        local area, regional economic development agencies, one-stop 
        operators (as defined in section 101(29) of such Act (29 U.S.C. 
        2801(29)), community-based organizations, or any other public 
        or private entity that is likely to employ or facilitate the 
        employment of adversely affected workers in occupations in 
        demand;
            ``(2) the hiring of additional faculty and staff;
            ``(3) the acquisition of new equipment or the upgrading of 
        existing equipment, which shall be necessary to facilitate the 
        teaching of job skills to adversely affected workers and 
        adversely affected incumbent workers; and
            ``(4) the development of a program to provide on-the-job 
        training experiences for adversely affected workers in 
        coordination with local employers that have committed to employ 
        adversely affected workers following successful completion of 
        the program.
    ``(d) Application.--
            ``(1) Requests for applications.--
                    ``(A) By the secretary.--In each fiscal year, and 
                at such times as the Secretary may determine, the 
                Secretary may request applications from eligible 
                entities to carry out activities authorized under this 
                section.
                    ``(B) By an eligible entity.--At any time, and in 
                such form and manner as the Secretary may prescribe, an 
                eligible entity may recommend that the Secretary 
                initiate a request for capacity building grant 
                applications if the eligible entity believes that there 
                has been or will be a sudden and significant shortage 
                of training slots available to adversely affected 
                workers and adversely affected incumbent workers in a 
                local area.
            ``(2) Information required for application.--To be eligible 
        to receive a grant under this section, an applicant shall 
        provide to the Secretary the following information in the 
        application:
                    ``(A) A description of the factors in a local area 
                that have resulted or may result in a significant 
                increase in demand for training slots by adversely 
                affected workers and adversely affected incumbent 
                workers, which may include--
                            ``(i) mass layoffs at firms that are 
                        believed to employ a large number of adversely 
                        affected workers;
                            ``(ii) imminent closure or relocation of 
                        facilities that are believed to employ a large 
                        number of adversely affected workers; and
                            ``(iii) prevailing labor market conditions 
                        that may have an immediate, measurable adverse 
                        employment impact on the employment of 
                        adversely affected workers.
                    ``(B) A description of the number of training slots 
                currently available to adversely affected workers and 
                adversely affected incumbent workers, and the number of 
                proposed additional slots to be made available using 
                funds under the grant.
                    ``(C) A description of the potential number of 
                adversely affected workers and adversely affected 
                incumbent workers in the local area who would be able 
                to access increased training slots.
                    ``(D) A description of the commitment made by local 
                employers, labor organizations, and other public or 
                private organizations to assist in the development of 
                training and related curricula for the benefit of 
                adversely affected workers and adversely affected 
                incumbent workers.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2008 through 2012.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Trade Act of 1974 is amended by inserting after the item relating to 
section 249 the following:

``Sec. 250. Capacity-building grants to enhance training for 
                            workers.''.

                       Subtitle D--Effective Date

SEC. 141. EFFECTIVE DATE.

    The amendments made by this title shall take effect beginning 90 
days after the date of the enactment of this Act.

   TITLE II--OTHER TRADE ADJUSTMENT ASSISTANCE PROGRAMS AND RELATED 
                               PROVISIONS

SEC. 201. TECHNICAL ASSISTANCE FOR FIRMS.

    Section 253 of the Trade Act of 1974 (19 U.S.C. 2343) is amended by 
adding at the end the following new subsections:
    ``(c)(1) Any grant made under subsection (b)(3) shall include 
performance measures that an intermediary organization is expected to 
achieve with respect to the program carried out under this chapter. The 
performance measures shall consist of indicators of performance 
described in paragraph (2) and levels of performance described in 
paragraph (3) applicable to each such indicator of performance.
    ``(2) The indicators of performance referred to in paragraph (1) 
are the following:
            ``(A) The extent to which outreach efforts effectively 
        apprise import-impacted firms likely to benefit from the 
        program about resources available under the program.
            ``(B) The extent to which firms receiving adjustment 
        assistance under section 252 meet or exceed targets to retain 
        or create employment.
            ``(C) The percentage of workers totally or partially 
        separated from employment that have returned to work or 
        returned to their previous level of employment.
            ``(D) The extent to which firms receiving adjustment 
        assistance under section 252 meet or exceed targets for 
        maintaining or increasing sales or production.
            ``(E) Such other indicators of performance as the Secretary 
        may determine are appropriate.
    ``(3) The levels of performance referred to in paragraph (1) shall 
be determined by the Secretary, after consultation with the 
intermediary organization. In reviewing an intermediary organization's 
levels of performance, the Secretary shall take into consideration 
economic conditions affecting the region served by the organization 
that may affect that performance.
    ``(4)(A) Any grant made under subsection (b)(3) shall also include 
a requirement that the intermediary organization submit to the 
Secretary a report on an annual basis on the levels of performance 
achieved with respect to each indicator of performance under the 
program carried out under this chapter in the preceding fiscal year, 
and such additional reports regarding such indicators of performance as 
the Secretary may require.
    ``(B) The Secretary shall make the information contained in the 
reports described in subparagraph (A) available to the general public 
through publication on the Website of the Economic Development 
Administration and other appropriate methods. The Secretary shall 
provide copies of the reports described in subparagraph (A) to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate.
    ``(C) The Secretary shall also publish on the Website of the 
Economic Development Administration a list that identifies those 
intermediary organizations that fail to submit reports to the Secretary 
in accordance with subparagraph (A) on a timely basis or fail to submit 
accurate reports to the Secretary in accordance with subparagraph (A).
    ``(d) At least once every three years, the Secretary shall provide 
for an independent evaluation of each intermediary organization 
receiving assistance under this section to assess the intermediary 
organization's performance and contribution toward retention and 
creation of employment. The purpose of the evaluations shall be to 
determine which intermediary organizations are performing well and 
merit continued assistance under this section and which intermediary 
organizations should not receive continued assistance under this 
section, so that other universities and intermediary organizations that 
have not previously received assistance under this section may 
participate in the program carried out under this chapter.''.

SEC. 202. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.

    Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is 
amended--
            (1) by striking ``and $4,000,000'' and inserting 
        ``$4,000,000''; and
            (2) by inserting after ``October 1, 2007,'' the following: 
        ``$15,000,000 for the 9-month period beginning on January 1, 
        2008, and $19,000,000 for each of the fiscal years 2009 through 
        2012,''.

SEC. 203. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

    Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is 
amended by adding at the end the following new sentence: ``There are 
authorized to be appropriated to the Department of Agriculture to carry 
out this chapter $81,000,000 for the 9-month period beginning on 
January 1, 2008, and $90,000,000 for each of the fiscal years 2009 
through 2012.''.

SEC. 204. JUDICIAL REVIEW.

    (a) In General.--Section 284(a) of the Trade Act of 1974 (19 U.S.C. 
2395(a)) is amended in the first sentence--
            (1) by striking ``or authorized representative'' and 
        inserting ``or other duly authorized representative'';
            (2) by striking ``aggrieved'' and inserting ``, or any of 
        the individuals or entities described in section 221(a)(1)(C), 
        aggrieved (or on behalf of such workers aggrieved)''; and
            (3) by striking ``section 223'' and inserting ``section 
        226''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect beginning 90 days after the date of the enactment of this 
Act.

SEC. 205. TERMINATION.

    Section 285 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 III--MISCELLANEOUS PROVISIONS

SEC. 301. CREDIT REDUCTION FOR FAILURES RELATING TO CO-ENROLLMENT OF 
              PARTICIPANTS AND PROGRAM PERFORMANCE REPORTS.

    (a) In General.--Paragraph (3) of section 3302(c) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``(3) If'' and inserting ``(3) (A) Except 
        as provided in subparagraph (B), if'',
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and
            (3) by adding at the end the following new subparagraph:
            ``(B) If the Secretary of Labor determines that a State, or 
        State agency, failed to meet the requirements of subsections 
        (e)(1) (relating to the co-enrollment of participants) or 
        (h)(3) (relating to the submission of reports on program 
        performance) of section 239 of the Trade Act of 1974, the 
        Secretary of Labor may direct that, in the case of a taxpayer 
        subject to the unemployment compensation law of such State, the 
        total credits (after applying subsections (a) and (b) and 
        paragraphs (1) and (2) of this section) otherwise allowable 
        under this section for a year during which such State or agency 
        fails to meet those requirements shall (in lieu of reduction 
        under subparagraph (A)) be reduced by 3 percent of the tax 
        imposed with respect to wages paid by such taxpayer during such 
        year which are attributable to such State.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to taxable years beginning after September 30, 2008.

SEC. 302. TAA WAGE SUPPLEMENT PARTICIPANTS ELIGIBILITY FOR CREDIT FOR 
              HEALTH INSURANCE COSTS.

    (a) Eligibility.--Paragraph (1) of section 35(c) of the Internal 
Revenue Code of 1986 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 adding after subparagraph (C) the 
following:
                    ``(D) an eligible TAA wage supplement recipient.''.
    (b) Eligible TAA Wage Supplement Recipient Defined.--Subsection (c) 
of section 35 of such Code is amended by adding after paragraph (4) the 
following:
            ``(5) Eligible taa wage supplement recipient.--The term 
        `eligible TAA wage supplement recipient' means, with respect to 
        any month, any individual who--
                    ``(A) is a worker described in section 246A(c) of 
                the Trade Act of 1974 who is participating in the wage 
                supplement program established under section 246A(a) of 
                such Act, and
                    ``(B) is receiving a benefit for such month under 
                section 246A(b) of such Act.
        An individual shall continue to be treated as an eligible TAA 
        wage supplement recipient during the first month that such 
        individual would otherwise cease to be an eligible TAA wage 
        supplement recipient by reason of the preceding sentence.''.
    (c) Qualified Health Insurance.--Subparagraph (J) of section 
35(e)(1) of such Code is amended by striking ``or'' at the end of 
clause (ii), by striking the period at the end of clause (iii) and 
inserting ``, or'', and by inserting after clause (iii) the following:
                            ``(iv) in the case of an eligible TAA wage 
                        supplement recipient, the benefit described in 
                        subsection (c)(5)(B).''.
    (d) Subsidized Coverage.--Subparagraph (B) of section 35(f)(1) of 
such Code is amended --
            (1) by inserting ``or an eligible TAA wage supplement 
        recipient'' after ``eligible alternative TAA recipient'' in the 
        matter preceding clause (i), and
            (2) by inserting ``or eligible taa wage supplement 
        recipients'' after ``eligible alternative taa recipients'' in 
        the heading.
    (e) Advance Payment of HCTC.--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 eligible TAA wage supplement recipient (as defined in section 
35(c)(5))''.
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2007.
                                 <all>