[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 122 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 122

  To amend the Trade Act of 1974 to extend benefits to service sector 
    workers and firms, enhance certain trade adjustment assistance 
                  authorities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

Mr. Baucus (for himself and Mr. Coleman) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Trade Act of 1974 to extend benefits to service sector 
    workers and firms, enhance certain trade adjustment assistance 
                  authorities, 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 of 2007''.
    (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 SERVICES SECTOR

Sec. 101. Short title.
Sec. 102. Extension of trade adjustment assistance to services sector.
Sec. 103. Trade adjustment assistance for firms and industries.
Sec. 104. Monitoring and reporting.
Sec. 105. Effective date.
          TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR INDUSTRIES

Sec. 201. Other methods of requesting investigation.
Sec. 202. Notification.
Sec. 203. Industry-wide determination.
Sec. 204. Coordination with other trade provisions.
Sec. 205. Regulations.
          TITLE III--OTHER TRADE ADJUSTMENT ASSISTANCE MATTERS

                Subtitle A--Trade Adjustment Assistance

Sec. 301. Calculation of separation tolled during litigation.
Sec. 302. Establishment of Trade Adjustment Assistance Advisor.
Sec. 303. Office of Trade Adjustment Assistance.
Sec. 304. Certification of submissions.
Sec. 305. Wage insurance.
Sec. 306. Training.
Sec. 307. Funding for administrative costs.
Sec. 308. Authorization of appropriations.
                      Subtitle B--Data Collection

Sec. 311. Short title.
Sec. 312. Data collection; information to workers.
Sec. 313. Determinations by the Secretary of Labor.
          Subtitle C--Trade Adjustment Assistance for Farmers

Sec. 321. Clarification of marketing year and other provisions.
Sec. 322. Eligibility.

        TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR SERVICES SECTOR

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Trade Adjustment Assistance Equity 
for Service Workers Act of 2007''.

SEC. 102. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICES SECTOR.

    (a) Adjustment Assistance for Workers.--Section 221(a)(1)(A) of the 
Trade Act of 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by striking 
``firm)'' and inserting ``firm, and workers in a service sector firm or 
subdivision of a service sector firm, or public agency)''.
    (b) Group Eligibility Requirements; 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'';
                            (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, or testing'';
                            (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 to the end 
                        period; and
                    (B) in paragraph (4)--
                            (i) by striking ``for articles'' and 
                        inserting ``, or services, used in the 
                        production of articles or in the provision of 
                        services''; and
                            (ii) by inserting ``(or subdivision)'' 
                        after ``such other firm''; and
            (4) by adding at the end the following new subsection:
    ``(d) Basis for Secretary's Determinations.--
            ``(1) Increased imports.--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 they 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.''.
    (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. 103. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS AND INDUSTRIES.

    (a) Firms.--
            (1) Assistance.--Section 251 of the Trade Act of 1974 (19 
        U.S.C. 2341) is amended--
                    (A) in subsection (a), by inserting ``or service 
                sector firm'' after ``(including any agricultural 
                firm'';
                    (B) in subsection (c)(1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or service sector firm'' 
                        after ``any agricultural firm'';
                            (ii) in subparagraph (B)(ii), by inserting 
                        ``or service'' after ``of an article''; and
                            (iii) in subparagraph (C), by striking 
                        ``articles like or directly competitive with 
                        articles which are produced'' and inserting 
                        ``articles or services like or directly 
                        competitive with articles or services which are 
                        produced or provided''; and
                    (C) by adding at the end the following:
    ``(e) Basis for Secretary Determination.--
            ``(1) Increased imports.--For purposes of subsection 
        (c)(1)(C), the Secretary may determine that increases of 
        imports of like or directly competitive articles or services 
        exist if customers accounting for not less than 20 percent of 
        the sales of the workers' firm certify to the Secretary that 
        they are obtaining such 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.''.
            (2) Definition.--Section 261 of the Trade Act of 1974 (19 
        U.S.C. 2351) is amended--
                    (A) by striking ``For purposes of'' and inserting 
                ``(a) Firm.--For purposes of''; and
                    (B) by adding at the end the following:
    ``(b) Service Sector Firm.--For purposes of this chapter, the term 
`service sector firm' means a firm engaged in the business of providing 
services.''.
    (b) Industries.--Section 265(a) of the Trade Act of 1974 (19 U.S.C. 
2355(a)) is amended by inserting ``or service'' after ``new product''.
    (c) Technical Amendments.--
            (1) In general.--Section 249 of the Trade Act of 1974 (19 
        U.S.C. 2321) is amended by striking ``subpena'' and inserting 
        ``subpoena'' each place it appears in the heading and the text.
            (2) Table of contents.--The table of contents for the Trade 
        Act of 1974 is amended by striking ``Subpena'' in the item 
        relating to section 249 and inserting ``Subpoena''.

SEC. 104. MONITORING AND REPORTING.

    Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended--
            (1) in the first sentence--
                    (A) by striking ``The Secretary'' and inserting 
                ``(a) Monitoring Programs.--The Secretary'';
                    (B) by inserting ``and services'' after ``imports 
                of articles'';
                    (C) by inserting ``and domestic provision of 
                services'' after ``domestic production'';
                    (D) by inserting ``or providing services'' after 
                ``producing articles''; and
                    (E) by inserting ``, or provision of services,'' 
                after ``changes in production''; and
            (2) by adding at the end the following:
    ``(b) Collection of Data and Reports on Service Sector.--
            ``(1) Secretary of labor.--Not later than 3 months after 
        the date of the enactment of the Trade Adjustment Assistance 
        Improvement Act of 2007, 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 the Congress on ways to improve the timeliness and 
        coverage of data on trade in services, including methods to 
        identify increased imports due to the relocation of United 
        States firms to foreign countries, and increased imports due to 
        United States firms obtaining services from firms in foreign 
        countries.''.

SEC. 105. EFFECTIVE DATE.

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

          TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR INDUSTRIES

SEC. 201. OTHER METHODS OF REQUESTING INVESTIGATION.

    Section 221 of the Trade Act of 1974 (19 U.S.C. 2271) is amended--
            (1) by adding at the end the following:
    ``(c) Other Methods of Initiating a Petition.--Upon the request of 
the President or the United States Trade Representative, or the 
resolution of either the Committee on 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.'';
            (2) in subsection (a)(2), by inserting ``or a request or 
        resolution filed under subsection (c),'' after ``paragraph 
        (1),''; and
            (3) in subsection (a)(3), by inserting ``, request, or 
        resolution'' after ``petition'' each place it appears.

SEC. 202. 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 the Trade Act of 1974 (19 U.S.C. 
        2451).
            ``(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 
        Agreement Implementation Act (19 U.S.C. 2112).
            ``(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 Customs shall 
immediately notify the Secretary of Labor and, in the case of an 
agricultural commodity, the Secretary of Agriculture, whenever the 
Commissioner of Customs assesses additional duties on a product 
pursuant to one of the following provisions:
            ``(1) Section 202 of the 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 
        Agreement Implementation Act (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 section 735 of the Tariff Act of 1930 (19 
U.S.C. 1671d or 1673d), the Commission shall immediately notify the 
Secretary of Labor and, in the case of an agricultural commodity, the 
Secretary of Agriculture, of that determination.''.

SEC. 203. INDUSTRY-WIDE DETERMINATION.

    Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by 
adding at the end the following:
    ``(e) Investigation Regarding Industry-Wide Certification.--If the 
Secretary receives a request or a resolution under section 221(c) on 
behalf of workers in a domestic industry or occupation (described in 
section 221(c)(2)) or receives 3 or more petitions under section 221(a) 
within a 180-day period on behalf of groups of workers in a domestic 
industry or occupation, the Secretary shall make an industry-wide 
determination under subsection (a) of this section with respect to the 
domestic industry or occupation in which the workers are or were 
employed. If the Secretary does not make a determination and issue a 
certification under the preceding sentence, the Secretary shall make a 
determination of eligibility under subsection (a) with respect to each 
group of workers in that domestic industry or occupation from which a 
petition was received.''.

SEC. 204. COORDINATION WITH OTHER TRADE PROVISIONS.

    (a) Industry-Wide Certification Based on Global Safeguards.--
            (1) Recommendations by itc.--
                    (A) Section 202(e)(2)(D) of the Trade Act of 1974 
                (19 U.S.C. 2252(e)(2)(D)) is amended by striking ``, 
                including the provision of trade adjustment assistance 
                under chapter 2''.
                    (B) Section 203(a)(3)(D) of the Trade Act of 1974 
                (19 U.S.C. 2253(a)(3)(D)) is amended by striking ``, 
                including the provision of trade adjustment assistance 
                under chapter 2''.
            (2) Assistance for workers.--Section 203(a)(1)(A) of the 
        Trade Act of 1974 (19 U.S.C. 2253(a)(1)(A)) is amended to read 
        as follows:
                    ``(A) After receiving a report under section 202(f) 
                containing an affirmative finding regarding serious 
                injury, or the threat thereof, to a domestic industry--
                            ``(i) the President shall take all 
                        appropriate and feasible action within his 
                        power; and
                            ``(ii)(I) the Secretary of Labor shall 
                        certify as eligible to apply for adjustment 
                        assistance under section 223 workers employed 
                        in the domestic industry defined by the 
                        Commission if such workers become totally or 
                        partially separated, or are threatened to 
                        become totally or partially separated, not 
                        earlier than 1 year before, or not later than 1 
                        year after, the date on which the Commission 
                        made its report to the President under section 
                        202(f); and
                            ``(II) in the case of a finding with 
                        respect to an agricultural commodity as defined 
                        in section 291, the Secretary of Agriculture 
                        shall certify as eligible to apply for 
                        adjustment assistance under section 293 
                        agricultural commodity producers employed in 
                        the domestic production of the agricultural 
                        commodity that is the subject of the finding 
                        during the most recent marketing year.''.
    (b) Industry-Wide Certification Based on Bilateral Safeguard 
Provisions or Antidumping or Countervailing Duty Orders.--
            (1) In general.--Subchapter A of chapter 1 of title II of 
        the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by 
        inserting after section 224 the following new section:

``SEC. 224A. INDUSTRY-WIDE CERTIFICATION WHERE BILATERAL SAFEGUARD 
              PROVISIONS INVOKED OR ANTIDUMPING OR COUNTERVAILING 
              DUTIES IMPOSED.

    ``(a) In General.--
            ``(1) Mandatory certification.--Not later than 10 days 
        after the date on which the Secretary of Labor receives a 
        notification with respect to the imposition of a trade remedy, 
        safeguard determination, or antidumping or countervailing duty 
        determination under section 224 (a), (b), (c), (d), or (e), the 
        Secretary shall certify as eligible for trade adjustment 
        assistance under section 223(a) workers employed in the 
        domestic production of the article that is the subject of the 
        trade remedy, safeguard determination, or antidumping or 
        countervailing duty determination, as the case may be, if such 
        workers become totally or partially separated, or are 
        threatened to become totally or partially separated not more 
        than 1 year before or not more than 1 year after the applicable 
        date.
            ``(2) Applicable date.--In this section, the term 
        `applicable date' means--
                    ``(A) the date on which the affirmative or positive 
                determination or finding is made in the case of a 
                notification under section 224 (a), (b), or (d);
                    ``(B) the date on which a final determination is 
                made in the case of a notification under section 
                224(e); or
                    ``(C) the date on which additional duties are 
                assessed in the case of a notification under section 
                224(c).
    ``(b) Qualifying Requirements for Workers.--The provisions of 
subchapter B shall apply in the case of a worker covered by a 
certification under this section or section 223(e), except as follows:
            ``(1) Section 231(a)(5)(A)(ii) shall be applied--
                    ``(A) by substituting `30th week' for `26th week' 
                in subclause (I); and
                    ``(B) by substituting `26th week' for `20th week' 
                in subclause (II).
            ``(2) The provisions of section 236(a)(1) (A) and (B) shall 
        not apply.''.
            (2) Agricultural commodity producers.--Chapter 6 of title 
        II of the Trade Act of 1974 (19 U.S.C. 2401 et seq.) is amended 
        by striking section 294 and inserting the following:

``SEC. 294. INDUSTRY-WIDE CERTIFICATION FOR AGRICULTURAL COMMODITY 
              PRODUCERS WHERE SAFEGUARD PROVISIONS INVOKED OR 
              ANTIDUMPING OR COUNTERVAILING DUTIES IMPOSED.

    ``(a) In General.--Not later than 10 days after the date on which 
the Secretary of Agriculture receives a notification with respect to 
the imposition of a trade remedy, safeguard determination, or 
antidumping or countervailing duty determination under section 224 (b), 
(c), or (e), the Secretary shall certify as eligible for trade 
adjustment assistance under section 293(a) agricultural commodity 
producers employed in the domestic production of the agricultural 
commodity that is the subject of the trade remedy, safeguard 
determination, or antidumping or countervailing duty determination, as 
the case may be, during the most recent marketing year.
    ``(b) Applicable Date.--In this section, the term `applicable date' 
means--
            ``(1) the date on which the affirmative or positive 
        determination or finding is made in the case of a notification 
        under section 224(b);
            ``(2) the date on which a final determination is made in 
        the case of a notification under section 224(e); or
            ``(3) the date on which additional duties are assessed in 
        the case of a notification under section 224(c).''.
    (c) Technical Amendments.--The table of contents for title II of 
the Trade Act of 1974 is amended--
            (1) by striking the item relating to section 224 and 
        inserting the following:

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

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

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

SEC. 205. REGULATIONS.

    The Secretary of the Treasury, the Secretaries of Agriculture and 
Labor, and the International Trade Commission may promulgate such 
regulations as may be necessary to carry out the amendments made by 
this title.

          TITLE III--OTHER TRADE ADJUSTMENT ASSISTANCE MATTERS

                Subtitle A--Trade Adjustment Assistance

SEC. 301. CALCULATION OF SEPARATION TOLLED DURING LITIGATION.

    Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by 
adding at the end the following:
    ``(h) Special Rule for Calculating Separation.--Notwithstanding any 
other provision of this chapter, any period during which a judicial or 
administrative appeal is pending with respect to the denial by the 
Secretary of a petition under section 223 shall not be counted for 
purposes of calculating the period of separation under subsection 
(a)(2) and an adversely affected worker that would otherwise be 
entitled to a trade readjustment allowance shall not be denied such 
allowance because of such appeal.''.

SEC. 302. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE ADVISOR.

    (a) In General.--Subchapter A of chapter 2 of title II of the Trade 
Act of 1974 is amended by inserting after section 221, the following 
new section:

``SEC. 221A. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE ADVISOR.

    ``(a) In General.--There is established in the Department of Labor 
an office to be known as the `Office of Trade Adjustment Assistance 
Advisor' (in this section referred to as the `Office'). The Office 
shall be headed by a Director, who shall be responsible for providing 
assistance and advice to any person or entity described in section 
221(a)(1) desiring to file a petition for certification of eligibility 
under section 221.
    ``(b) Technical Assistance.--The Director shall coordinate with 
each agency responsible for providing adjustment assistance under this 
chapter or chapter 6 (including the Office of Trade Adjustment 
Assistance established under section 255A) and shall provide technical 
and legal assistance and advice to enable persons or entities described 
in section 221(a)(1) to prepare and file petitions for certification 
under section 221.''.
    (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 Office of Trade Adjustment Assistance 
                            Advisor.''.

SEC. 303. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

    (a) In General.--Chapter 3 of title II of the Trade Act of 1974 (19 
U.S.C. 2341 et seq.) is amended by inserting after section 255 the 
following:

``SEC. 255A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

    ``(a) Establishment.--Not later than 90 days after the date of the 
enactment of the Trade Adjustment Assistance Improvement Act of 2007, 
there shall be established in the International Trade Administration of 
the Department of Commerce an Office of Trade Adjustment Assistance (in 
this section referred to as the `Office').
    ``(b) Functions.--The Office shall assist the Secretary of Commerce 
in carrying out the Secretary's responsibilities under this chapter.
    ``(c) Personnel.--The Office shall be headed by a Director, and 
shall have such staff as may be necessary to carry out the 
responsibilities of the Secretary of Commerce described in this 
chapter.''.
    (b) Conforming Amendment.--The table of contents for the Trade Act 
of 1974 is amended by inserting after the item relating to section 255, 
the following:

``Sec. 255A. Office of Trade Adjustment Assistance.''.

SEC. 304. CERTIFICATION OF SUBMISSIONS.

    Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended 
by section 203, is amended by adding at the end the following:
    ``(f) Certification of Submissions.--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.''.

SEC. 305. WAGE INSURANCE.

    (a) In General.--Section 246(a)(3) of the Trade Act of 1974 (19 
U.S.C. 2318(a)(3)) is amended to read as follows:
            ``(3) Eligibility.--A worker in a group that the Secretary 
        has certified as eligible to apply for adjustment assistance 
        under section 223 may elect to receive benefits under the 
        alternative trade adjustment assistance program if the worker--
                    ``(A) obtains reemployment not more than 26 weeks 
                after the date of separation from the adversely 
                affected employment;
                    ``(B) is at least 40 years of age;
                    ``(C) earns not more than $50,000 a year in wages 
                from reemployment;
                    ``(D) is employed on a full-time basis as defined 
                by State law in the State in which the worker is 
                employed; and
                    ``(E) does not return to the employment from which 
                the worker was separated.''.
    (b) Conforming Amendments.--
            (1) Subparagraphs (A) and (B) of section 246(a)(2) of the 
        Trade Act of 1974 (19 U.S.C. 2318(a)(2)) are amended by 
        striking ``paragraph (3)(B)'' and inserting ``paragraph (3)'' 
        each place it appears.
            (2) Section 246(b)(2) of such Act is amended by striking 
        ``subsection (a)(3)(B)'' and inserting ``subsection (a)(3)''.
    (c) Extension.--Section 246(b)(1) of such Act is amended by 
striking ``5 years'' and inserting ``10 years''.

SEC. 306. TRAINING.

    (a) Modification of Enrollment Deadlines.--Section 231(a)(5)(A)(ii) 
of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)(A)(ii)) is amended--
            (1) in subclause (I), by striking ``16th week'' and 
        inserting ``26th week''; and
            (2) in subclause (II), by striking ``8th week'' and 
        inserting ``20th week''.
    (b) Extension of Allowance to Accommodate Training.--Section 233 of 
the Trade Act of 1974 (19 U.S.C. 2293), as amended by section 301, is 
amended by adding at the end the following:
    ``(i) Extension of Allowance.--Notwithstanding any other provision 
of this section, a trade readjustment allowance may be paid to a worker 
for a number of additional weeks equal to the number of weeks the 
worker's enrollment in training was delayed beyond the deadline 
applicable under section 231(a)(5)(A)(ii) pursuant to a waiver granted 
under section 231(c)(1)(E).''.
    (c) Funding for Training.--Section 236(a) of the Trade Act of 1974 
(19 U.S.C. 2296(a)) is amended--
            (1) in paragraph (1) by striking ``Upon such approval'' and 
        all that follows to the end; and
            (2) by amending paragraph (2) to read as follows:
            ``(2)(A) Upon approval of a training program under 
        paragraph (l), and subject to the limitations imposed by this 
        section, an adversely affected worker covered by a 
        certification issued under section 223 shall be eligible to 
        have payment of the costs of that training, including any costs 
        of an approved training program incurred by a worker before a 
        certification was issued under section 223, made on behalf of 
        the worker by the Secretary directly or through a voucher 
        system.
            ``(B) Not later than 6 months after the date of enactment 
        of the Trade Adjustment Assistance Improvement Act of 2007, the 
        Secretary shall develop, and submit to Congress for approval, a 
        formula that provides workers with an individual entitlement 
        for training costs to be administered pursuant to sections 239 
        and 240. The formula shall take into account--
                    ``(i) the number of workers enrolled in trade 
                adjustment assistance;
                    ``(ii) the duration of the assistance;
                    ``(iii) the anticipated training costs for workers; 
                and
                    ``(iv) any other factors the Secretary deems 
                appropriate.
            ``(C) Until such time as Congress approves the formula, the 
        total amount of payments that may be made under subparagraph 
        (A) for any fiscal year shall not exceed 50 percent of the 
        amount of trade readjustment allowances paid to workers during 
        that fiscal year.''.
    (d) Approved Training Programs.--
            (1) In general.--Section 236(a)(5) of the Trade Act of 1974 
        (19 U.S.C. 2296(a)(5)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (E);
                    (B) by redesignating subparagraph (F) as 
                subparagraph (H); and
                    (C) by inserting after subparagraph (E) the 
                following:
                    ``(F) integrated workforce training;
                    ``(G) entrepreneurial training; and''.
            (2) Definition.--Section 247 of the Trade Act of 1974 (19 
        U.S.C. 2319), as amended by 102(c), is amended by adding at the 
        end the following:
            ``(19) The term `integrated workforce training' means 
        training that integrates occupational skills training with 
        English language acquisition.''.

SEC. 307. FUNDING FOR ADMINISTRATIVE COSTS.

    Section 241 of the Trade Act of 1974 (19 U.S.C. 2313) is amended by 
adding at the end the following:
    ``(d) Funds provided by the Secretary to a State to cover 
administrative costs associated with the performance of a State's 
responsibilities under section 239 shall be sufficient to cover all 
costs of the State associated with operating the trade adjustment 
assistance program, including case worker costs.''.

SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 245(a) of the Trade Act of 1974 (19 U.S.C. 
2317(a)) is amended by striking ``2007'' and inserting ``2012''.
    (b) Firms.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 
2346(b)) is amended by inserting ``and $50,000,000 for each of fiscal 
years 2008 through 2012,'' after ``fiscal years 2003 through 2007,''.
    (c) Termination.--Section 285 of the Trade Act of 1974 (19 U.S.C. 
2271 note) is amended by striking ``2007'' each place it appears and 
inserting ``2012''.
    (d) Farmers.--Section 298(a) of the Trade Act of 1974 (19 U.S.C. 
2401g(a)) is amended by striking ``2007'' and inserting ``2012''.

                      Subtitle B--Data Collection

SEC. 311. SHORT TITLE.

    This subtitle may be cited as the ``Trade Adjustment Assistance 
Accountability Act''.

SEC. 312. DATA COLLECTION; INFORMATION TO WORKERS.

    (a) Data Collection.--Subchapter C of chapter 2 of title II of the 
Trade Act of 1974 is amended by inserting after section 249, the 
following new section:

``SEC. 250. DATA COLLECTION; 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.
            ``(3) The number of training waivers 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 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 Act.
            ``(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 shall 
        provide incentives for States to supplement employment and wage 
        data obtained through the use of unemployment insurance wage 
        records.
            ``(2) Monitoring.--Monitoring by each State of internal 
        control measures with respect to 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) Annual report.--Not later than 1 year after the date 
        of enactment of this 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 and make available to each State and to the 
        public a report that includes the information collected under 
        this section.''.
    (b) Conforming Amendments.--
            (1) Coordination.--Section 281 of the Trade Act of 1974 (19 
        U.S.C. 2392) is amended by striking ``Departments of Labor and 
        Commerce'' and inserting ``Departments of Labor, Commerce, and 
        Agriculture''.
            (2) Trade monitoring system.--Section 282 of the Trade Act 
        of 1974 (19 U.S.C. 2393) is amended by striking ``The Secretary 
        of Commerce and the Secretary of Labor'' and inserting ``The 
        Secretaries of Commerce, Labor, and Agriculture''.
            (3) Table of contents.--The table of contents for title II 
        of the Trade Act of 1974 is amended by inserting after the item 
        relating to section 249, the following new item:

``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 enactment of this 
Act.

SEC. 313. DETERMINATIONS BY THE SECRETARY OF LABOR.

    Section 223(c) of the Trade Act of 1974 (19 U.S.C. 2273(c)) is 
amended to read as follows:
    ``(c) Publication of Determinations.--Upon reaching a determination 
on a petition, the Secretary shall--
            ``(1) promptly publish a summary of the determination in 
        the Federal Register together with the Secretary's reasons for 
        making such determination; and
            ``(2) make the full text of the determination available to 
        the public on the Internet website of the Department of Labor 
        with full-text searchability.''.

          Subtitle C--Trade Adjustment Assistance for Farmers

SEC. 321. CLARIFICATION OF MARKETING YEAR AND OTHER PROVISIONS.

    (a) In General.--Section 291(5) of the Trade Act of 1974 (19 U.S.C. 
2401(5)) is amended by inserting before the end period the following: 
``, or in the case of an agricultural commodity that has no officially 
designated marketing year, in a 12-month period for which the 
petitioner provides written request''.
    (b) Fishermen.--Notwithstanding any other provision of law, for 
purposes of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 
2271 et seq.) fishermen who harvest wild stock shall be eligible for 
adjustment assistance to the same extent and in the same manner as a 
group of workers under such chapter 2.

SEC. 322. ELIGIBILITY.

    (a) In General.--Section 292(c)(1) of the Trade Act of 1974 (19 
U.S.C. 2401a(c)(1)) is amended by striking ``80 percent'' and inserting 
``90 percent''.
    (b) Special Rule for Qualified Subsequent Years.--Paragraph (2) of 
section 292(d) of the Trade Act of 1974 (19 U.S.C. 2401A(d)(2)) is 
amended to read as follows:
            ``(2) imports of articles like or directly competitive with 
        the agricultural commodity, or class of goods within the 
        agricultural commodity, produced by the group contributed 
        importantly to the decline in price determined under subsection 
        (c)(1) without regard to whether imports of such articles 
        increased in any year subsequent to the year the group was 
        first certified.''.
    (c) Net Farm Income.--Section 296(a)(1)(C) of the Trade Act of 1974 
(19 U.S.C. 2401e(a)(1)(C)) is amended by inserting before the end 
period the following: ``or the producer had no positive net farm income 
for the 2 most recent consecutive years in which no adjustment 
assistance was received by the producer under this chapter''.
                                 <all>