[Congressional Record Volume 153, Number 1 (Thursday, January 4, 2007)]
[Senate]
[Pages S120-S125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAUCUS (for himself and Mr. Coleman):
  S. 122. 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; to the Committee on 
Finance.
  Mr. BAUCUS. Mr. President, I am pleased today to introduce the Trade 
Adjustment Assistance Improvement Act of 2007 with my good friend and 
colleague, Senator Norm Coleman.
  In 2006, the United States passed, signed or concluded no fewer than 
five new free trade agreements. This June, the President's authority to 
negotiate trade agreements will expire. Congress should extend the 
President's authority to negotiate these deals. But when we do, we must 
raise the bar higher than before. Each deal must surpass the last, in 
order to take advantage of and adjust to changes in the global 
marketplace that affect American businesses and workers.
  Congress will consider these agreements on their merits. In most 
cases, these deals will mean more access for American producers and 
service providers. In some few cases, these agreements could mean more 
and fiercer competition for producers and providers here at home.
  Competition is the engine that drives market economies like ours. It 
spawns innovation and creates new jobs. But just as jobs are created in 
new sectors of our economy, jobs are also lost in other sectors which 
experience sudden or unfair competition from abroad.
  Whether and how effectively we help those firms and workers who feel 
the negative effects of our national trade policy will, in large part, 
determine whether and how effectively we can move a trade agenda 
forward this year.
  During the last several Congresses, we have experienced unprecedented 
change in the global marketplace and in our labor market at home. I 
have worked to raise the bar on our efforts to help workers affected by 
these changes. Today, I propose again, more urgently than ever, that 
Congress and the administration work together to adapt our national 
worker adjustment strategies to the challenges of globalization. The 
Trade Adjustment Assistance Improvement Act is a first and necessary 
step in that direction.
  The Trade Adjustment Assistance Improvement Act includes many 
proposals that Congress should consider before the program expires this 
September. The Act extends coverage to more of the workers who are 
affected by trade and globalization. And the Act will improve the 
overall efficiency and effectiveness of the program.
  For more than a century, the manufacturing sector drove the American 
economy. So, when President Kennedy decided to open the American 
economy to more trade, he established the Trade Adjustment Assistance 
program to help workers in the manufacturing sector adjust to change.
  Today, our economy depends upon service exports. More than 75 percent 
of the American labor force work in services. While many service sector 
jobs cannot be outsourced, technology change makes it possible to 
provide many services remotely, in such fields as accounting, 
healthcare, and computers and information technology. So when a large 
call center left Kalispell, Montana, three years ago for Canada, the 
Montana workers left behind did not have access to the same benefits 
that workers laid off from the Columbia Falls Aluminum manufacturing 
plant did. They should have.
  Last year, the Department of Labor agreed, for the first time ever, 
that workers who produce software, an intangible product, should be 
eligible for Trade Adjustment Assistance. That was a step in the right 
direction. We should take the next step this year. We should finally 
extend coverage to American service workers. That is what my bill 
proposes.
  Trade Adjustment Assistance certification takes place on a case-by-
case, plant-by-plant basis. This means that while two factories 
producing the same products may both experience foreign competition 
that leads to layoffs, often only one of those factories' laid off 
workers gets certified as eligible for the program.
  Consider the softwood lumber industry. At least 12 out of 35 Trade 
Adjustment Assistance petitions filed by workers in Montana's softwood 
lumber industry over the last 7 years were denied by the Department of 
Labor. Yet, all of these mills were similarly affected by the same 
market conditions--dumped and subsidized Canadian imports. The 
International Trade Commission found that Canadian imports injured or 
threatened to injury the softwood lumber industry on a national scale.
  But the Department of Labor's certification process does not take 
into account the bigger--and often more meaningful--picture. It simply 
relies on data provided by individual companies that lay off the 
workers to make its case-by-case determination.
  The legislation that I introduce today makes industry-wide 
certification automatic for workers anywhere in the United States if 
the President, the International Trade Commission, or another qualified 
Federal agency determines that imports are harming that industry. My 
bill also authorizes, but does not require, the Secretary of Labor to 
make industry-wide determinations if she receives three or more 
petitions in one industry within one 6-month period, or if the Senate 
Finance Committee and the House Ways and Means Committee pass a 
resolution requesting such an investigation.
  We can anticipate and in some cases even prevent displacements by 
renewing and expanding our commitment to small and medium-sized 
American companies looking to recapture their competitive edge. One 
key, yet small program that can help prevent displacements and shifts 
in production to overseas is the TAA for Firms program in the 
Department of Commerce. The Firms program reaches out to companies that 
have experienced decreasing sales or production due to import 
competition and have laid off or expect to lay off workers.
  This program is chronically under-funded, and it should also be 
available to service sector firms. This bill would authorize $50 
million for this program to reach more small- and medium-sized 
businesses across the nation before they are forced to lay off their 
American workers and close their doors.
  This bill also moves the Firms program from the Economic Development 
Administration at Commerce back into the International Trade 
Administration. That's where it was previously. And frankly that's 
where it ought to have remained. Despite the Firms program's proven 
track record, proposals related to the program under the Economic 
Development Administration have sought to either defund the program 
altogether, or to limit eligibility by increasing the profit-loss 
margin required for participation and arbitrary termination of firms 
after 2 years. The Firms program is a trade program and should be 
administered by an agency whose primary mission is to help American 
companies to adjust to and benefit from trade.
  In 2002, with the passage of the Trade Adjustment Assistance Reform 
Act, I had great expectations for our first wage insurance 
demonstration project. In theory, wage insurance--or Alternative Trade 
Adjustment Assistance--encourages swift re-entry into the workforce by 
replacing a portion of a worker's lost wages when a worker accepts a 
lower paying job within 6 months of a layoff. Workers who choose wage 
insurance over traditional Trade Adjustment Assistance training and 
income assistance often have less access to good training or simply 
cannot afford to be out of work during their training. Wage insurance 
provides an incentive for employers to hire lower-skilled and older 
workers and train them on the job.
  In practice, I have been disappointed with the Department of Labor's 
implementation of the wage insurance proposal that we crafted in 2002. 
In a 2004 review by the Government Accountability Office, the 
Department of Labor's implementation of the benefit came up far short 
of the mark. Last

[[Page S121]]

year, the Government Accountability Office once again found that the 
Department needed to improve its implementation, focusing specifically 
on its outreach to and direction of state employment service offices.
  I hope to work with the Department of Labor on strategies that will 
improve its outreach. Wage insurance can help put people back to work, 
and can even save money over traditional Trade Adjustment Assistance. 
But it cannot do either of those things if no one knows about the 
benefit.

  This bill streamlines the process to qualify for wage insurance, and 
lowers the eligible age from 50 to 40. Wage replacement should be 
available to younger workers who would re-enter the workforce more 
quickly if they could afford the often steep wage cut.
  Another key component of the Trade Adjustment Assistance Reform Act 
was the health care tax credit to help displaced workers and some 
retirees maintain access to health insurance coverage. As health costs 
grow, losing health insurance can be as financially devastating to 
workers as losing a job. While I still believe that the TAA health care 
tax credit holds promise, this is clearly an area where reforms are 
needed to help the credit achieve its purpose.
  Today, the TAA health care tax credit helps only a fraction of the 
hundreds of thousands eligible for assistance. In its first 2 years, 
less than 6 percent of eligible workers and retirees enrolled. A GAO 
report released last year studying five major plant closings in 2003 
and 2004 found that only 3 to 12 percent of eligible workers enrolled. 
More than half of the workers studied didn't sign up for the tax credit 
because the 65 percent subsidy was too low to make health coverage 
affordable.
  The tax credit also suffers from complexity and administrative red 
tape. More than half of eligible workers in GAO's recent study didn't 
even know about the benefit. About a third of workers who knew about 
the benefit decided not to enroll because it was too confusing. Even 
those who understand it have to navigate complex rules and requirements 
to get the benefit.
  We need to make this program simpler, more affordable, and more 
seamless so that more workers can take it up in the years ahead. We 
need to improve the information that workers and retirees get about the 
program and create systems to ensure that they get it. We need to cut 
down on the red tape. And we need to look at options to make this 
benefit more affordable so that we can truly reach the hundreds of 
thousands eligible for this benefit that Congress intended to help when 
we enacted these reforms 4 years ago. I plan to introduce a bill later 
in the year that will achieve these goals for reforming the health care 
tax credit and will look forward to working with Senator Coleman and 
other colleagues in this effort.
  The forces of globalization, like trade and technology change, have 
created tremendous opportunities for American businesses and workers, 
from cutting the cost of living to increasing the margin of profit. 
Trade accounts for a quarter of our gross domestic product. The 
adjustments we have made to maximize trade's benefits save the average 
American household $9,000 annually.
  But we must also make adjustments to respond to the challenges that 
come with globalization. American businesses in the 21st century face 
rapidly-changing consumer preferences and ever-swifter technological 
advances. Global competition is fierce. Innovation is the key to these 
companies' continued prosperity.
  The same holds true for American workers. They know that they must 
adjust to changes in the labor market if they are to maintain their 
place in it. Workers must be prepared for one or more career shifts 
before retirement. They must acquire more skills, and refresh their 
skills more often.
  We can help American companies adapt, and regain their competitive 
edge in the global marketplace. We can help more trade-displaced 
workers get back into the workforce. We should help these workers adapt 
not only to trade displacement, but to all the other aspects of 
globalization as well.
  American workers and the companies that employ them must each 
continually adjust to a changing world marketplace. So too should our 
worker adjustment strategies.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 122

       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

[[Page S122]]

       (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 2243 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).

[[Page S123]]

       ``(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.''.

[[Page S124]]

     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.

[[Page S125]]

       ``(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''.
                                 ______