I
110th CONGRESS
1st Session
H. R. 910
IN THE HOUSE OF REPRESENTATIVES
February 8, 2007
Mr. English of Pennsylvania introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Trade Act of 1974 to make certain modifications to the trade adjustment assistance program.
Short title; table of contents
Short title
This Act may be cited
as the American Competitiveness and
Adjustment Act
.
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
Sec. 101. Calculation of separation tolled during litigation.
Sec. 102. Revision of eligibility criteria.
Sec. 103. Health care tax credit.
Sec. 104. Alternative trade adjustment assistance.
Sec. 105. Training funds.
Sec. 106. Effective date.
Title II—Data Collection
Sec. 201. Data collection; study; information to workers.
Sec. 202. Determinations by the Secretary of Labor.
Sec. 203. Effective date.
Title III—Industry-wide Certifications
Sec. 301. Notification.
Sec. 302. Other methods of requesting investigation.
Sec. 303. Industry-Wide determination.
Sec. 304. Coordination with other trade provisions.
Sec. 305. Regulations.
Sec. 306. Effective date.
Title IV—Office of Trade Adjustment Assistance
Sec. 401. Office of Trade Adjustment Assistance.
Title V—Trade Adjustment Assistance for Farmers
Sec. 501. Clarification of marketing year and other provisions.
Sec. 502. Eligibility.
Sec. 503. Petition process.
Sec. 504. Amount of cash benefits.
Sec. 505. Effective date.
Title VI—Trade adjustment assistance for firms
Sec. 601. Modification of eligibility.
Title VII—Trade adjustment assistance for service workers and firms
Sec. 701. Extension of trade adjustment assistance to services sector.
Sec. 702. Trade adjustment assistance for firms and industries.
Sec. 703. Monitoring and reporting.
Sec. 704. Effective date.
Title VIII—Authorization of appropriations
Sec. 801. Authorization of appropriations for trade adjustment assistance.
Trade Adjustment Assistance
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:
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.
.
Revision of eligibility criteria
Downstream workers
Section 222(c)(3) of the Trade Act of 1974 (19 (U.S.C. 2272(c)(3)) is
amended by striking , if the certification of eligibility
and
all that follows through the end and inserting a period.
Shifts in production
Section 222(a)(2)(B) of the Trade Act of 1974 (19 (U.S.C. 2272(a)(2)(B)) is amended to read as follows:
there has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision.
.
Health care tax credit
Removal of training requirement
Section 35(c)(2) of the Internal Revenue Act
of 1986 (26 U.S.C. 35(c)(2)) is amended by striking subsection
(a)(3)(B)
and inserting subsections (a)(3)(B) and
(a)(5)
.
Presumptive eligibility for petitioners for trade adjustment assistance
In general
Section 35(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
Presumptive status as a TAA recipient
The term eligible individual shall include any individual who is covered by a petition filed with the Secretary of Labor under section 221 of the Trade Act of 1974. This paragraph shall apply to any individual only with respect to months which—
end after the date that such petition is so filed, and
begin before the earlier of—
the 90th day after the date of filing of such petition, or
the date on which the Secretary of Labor makes a final determination with respect to such petition.
.
Conforming amendments
Paragraph (1) of section 7527(d) of such
Code is amended by striking or an eligible alternative TAA recipient (as
defined in section 35(c)(3))
and inserting , an eligible
alternative TAA recipient (as defined in section 35(c)(3)), or an individual
who is an eligible individual by reason of section 35(c)(5)
.
Section 173(f)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(4)) is amended—
in subparagraph (B), by striking
and
at the end;
in subparagraph (C), by striking the period
and inserting , and
; and
by inserting after subparagraph (C), the following new subparagraph:
an individual who is an eligible individual by reason of section 35(c)(5) of the Internal Revenue Code of 1986.
.
Clarification of 3-month creditable coverage requirement
In general
Clause (i) of section
35(e)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting
(prior to the employment separation necessary to attain the status of an
eligible individual)
after 9801(c)
.
Conforming amendment
Section 173(f)(2)(B)(ii)(I) of the Workforce Investment
Act of 1998 (29 U.S.C. 2918(f)(2)(B)(ii)(I)) is amended by inserting
(prior to the employment separation necessary to attain the status of an
eligible individual)
after 1986
.
Increase in tax credit
Section 35(a) of the
Internal Revenue Code of 1986 is amended by striking 65 percent
and inserting 75 percent
.
Effective date
The amendments made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after that date.
Alternative trade adjustment assistance
Eligibility of all workers; lower age requirement
Section 246(a)(3) of the Trade Act of 1974 (19 U.S.C. 2318(a)(3)) is amended to read as follows:
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—
obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;
is at least 40 years of age;
earns not more than $50,000 a year in wages from reemployment;
is employed on a full-time basis as defined by State law in the State in which the worker is employed; and
does not return to the employment from which the worker was separated.
.
Conforming amendments
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.
Section 246(b)(2)
of that Act is amended by striking subsection (a)(3)(B)
and
inserting subsection (a)(3)
.
Section
35(c)(3)(A) of the Internal Revenue Code of 1986 is amended by striking
246(a)(3)(B)
and inserting 246(a)(3)
.
Training funds
Funding for training
Section 236(a) of the Trade Act of 1974 (19 U.S.C. 2296(a)) is amended—
in paragraph (1),
by striking Upon such approval
and all that follows to the end;
and
by amending paragraph (2) to read as follows:
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.
Not later than 6 months after the date of enactment of the American Competitiveness and Adjustment Act, the Secretary shall develop and submit to Congress for approval a formula that provides workers with an individual entitlement for training costs to be administered pursuant to sections 239 and 240. The formula shall take into account—
the number of workers enrolled in trade adjustment assistance;
the duration of the assistance;
the anticipated training costs for workers; and
any other factors the Secretary deems appropriate.
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.
.
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—
in
subclause (I), by striking 16th week
and inserting 32nd
week
; and
in subclause (II),
by striking 8th week
and inserting 16th
week
.
Approved training programs
Section 236(a)(5) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is amended—
by striking
and
at the end of subparagraph (E);
by redesignating subparagraph (F) as subparagraph (G); and
by inserting after subparagraph (E) the following:
entrepreneurial training; and
.
Effective date
Except as provided in section 103(e), the amendments made by this title take effect on the date that is 60 days after the date of the enactment of this Act and apply to petitions filed or recertified on or after that effective date.
Data Collection
Data collection; study; information to workers
Data collection; evaluations
Subchapter C of chapter 2 of title II of the Trade Act of 1974 is amended by inserting after section 249 the following new section:
Data collection; evaluations; reports
Data collection
The Secretary shall, pursuant to regulations prescribed by the Secretary, collect any data necessary to meet the requirements of this chapter.
Performance evaluations
The Secretary shall establish an effective performance measuring system to evaluate the following:
Program performance
A comparison of the trade adjustment assistance program before and after the effective date of the Trade Adjustment Assistance Reform Act of 2002 with respect to—
the number of workers certified and the number of workers actually participating in the trade adjustment assistance program;
the time for processing petitions;
the number of training waivers granted;
the coordination of programs under this chapter with programs under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);
the effectiveness of individual training providers in providing appropriate information and training;
the extent to which States have designed and implemented health care coverage options under title II of the Trade Act of 2002, including any difficulties States have encountered in carrying out the provisions of title II;
how Federal, State, and local officials are implementing the trade adjustment assistance program to ensure that all eligible individuals receive benefits, including providing outreach, rapid response, and other activities; and
any other data necessary to evaluate how individual States are implementing the requirements of this chapter.
Program participation
The effectiveness of the program relating to—
the number of workers receiving benefits and the type of benefits being received both before and after the effective date of the Trade Adjustment Assistance Reform Act of 2002;
the number of workers enrolled in, and the duration of, training by major types of training both before and after the effective date of the Trade Adjustment Assistance Reform Act of 2002;
earnings history of workers that reflects wages before separation and wages in any job obtained after receiving benefits under this Act;
reemployment rates and sectors in which dislocated workers have been employed;
the cause of dislocation identified in each petition that resulted in a certification under this chapter; and
the number of petitions filed and workers certified in each congressional district of the United States.
State participation
The Secretary shall ensure, to the extent practicable, through oversight and effective internal control measures the following:
State participation
Participation by each State in the performance measurement system established under subsection (b) and shall provide incentives for States to supplement employment and wage data obtained through the use of unemployment insurance wage records.
Monitoring
Monitoring by each State of internal control measures with respect to performance measurement data collected by each State.
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)).
Reports
Reports by the Secretary
Initial report
Not later than 6 months after the date of enactment of the American Competitiveness and Adjustment Act, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that—
describes the performance measurement system established under subsection (b);
includes analysis of data collected through the system established under subsection (b); and
provides recommendations for program improvements.
Annual report
Not later than 1 year after the date the report is submitted under subparagraph (A), and annually thereafter, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and release to the public a report that includes the information collected under clause (ii) of subparagraph (A).
State reports
Pursuant to regulations prescribed by the Secretary, each State shall submit to the Secretary a report that details its participation in the programs established under this chapter, and that contains the data necessary to allow the Secretary to submit the report required under paragraph (1).
Publication
The Secretary shall make available to each State, to Congress, and to the public, the data gathered and evaluated through the performance measurement system established under subsection (b).
.
Conforming amendments
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
.
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
.
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; evaluations; reports.
.
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:
Publication of determinations
Upon reaching a determination on a petition, the Secretary shall—
promptly publish a summary of the determination in the Federal Register, together with the Secretary’s reasons for making such determination; and
make the full text of the determination available to the public on the Internet website of the Department of Labor, with full-text searchability.
.
Effective date
The amendments made by this title take effect on the date that is 60 days after the date of the enactment of this Act.
Industry-wide Certifications
Notification
Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended to read as follows:
Notifications regarding affirmative determinations and safeguards
Notifications regarding chapter 1 investigations and determinations
Whenever the
International Trade Commission (in this chapter referred to as the
Commission
) makes a report under section 202(f) containing an
affirmative finding regarding serious injury, or the threat thereof, to a
domestic industry, the Commission shall immediately—
notify the Secretary of Labor of that finding; and
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.
Notification regarding bilateral safeguards
The Commission shall immediately notify the Secretary of Labor and, in an investigation with respect to an agricultural commodity, the Secretary of Agriculture, whenever the Commission makes an affirmative determination pursuant to one of the following provisions:
Section 421 of the Trade Act of 1974 (19 U.S.C. 2451).
Section 312 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 312 of the United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 312 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 312 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 312 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 312 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 302(b) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3352(b)).
Section 212 of the United States-Jordan Free Trade Agreement Implementation Act (19 U.S.C. 2112).
A comparable provision in any other legislation implementing a free trade agreement between the United States and one or more other countries.
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:
Section 202 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 202 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 202 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 201(c) of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 309 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3358).
Section 301(a) of the United States-Canada Free Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).
Section 404 of the United States-Israel Free Trade Agreement Implementation Act (19 U.S.C. 2112 note).
A comparable provision in any other legislation implementing a free trade agreement between the United States and one or more other countries.
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:
Section 322 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 322 of the United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 322 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 322 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 322 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
Section 322 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
A comparable provision in any other legislation implementing a free trade agreement between the United States and one or more other countries.
Antidumping and countervailing duties
Whenever the Commission makes a final affirmative determination pursuant to section 705 or section 735 of the Tariff Act of 1930 (19 U.S.C. 1671d or 1673d), the Commission shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, of that determination.
.
Other methods of requesting investigation
Section 221 of the Trade Act of 1974 (19 U.S.C. 2271) is amended—
by adding at the end the following:
Other methods of initiating a petition
Upon the request of the President or the United States Trade Representative, or the resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, the Secretary shall promptly initiate an investigation under this chapter to determine the eligibility for adjustment assistance of—
a group of workers (which may include workers from more than one facility or employer); or
all workers in an occupation as that occupation is defined in the Bureau of Labor Statistics Standard Occupational Classification System.
;
in subsection (a)(2), by inserting
or a request or resolution filed under subsection (c),
after
paragraph (1),
; and
in subsection (a)(3), by inserting ,
request, or resolution
after petition
each place it
appears.
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:
Investigation regarding Industry-Wide certification
If the Secretary receives a request or a resolution under section 221(c) on behalf of workers in a domestic industry or occupation (described in section 221(c)(2)) or receives 3 or more petitions under section 221(a) within a 180-day period on behalf of groups of workers in a domestic industry or occupation, the Secretary shall make an industry-wide determination under subsection (a) of this section with respect to the domestic industry or occupation in which the workers are or were employed. If the Secretary does not make certification under the preceding sentence, the Secretary shall make a determination of eligibility under subsection (a) with respect to each group of workers in that domestic industry or occupation from which a petition was received.
.
Coordination with other trade provisions
Industry-Wide certification based on global safeguards
Recommendations by itc
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
.
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
.
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:
After receiving a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry—
the President shall take all appropriate and feasible action within his power; and
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
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.
.
Industry-Wide certification based on bilateral safeguard provisions or antidumping or countervailing duty orders
In general
Subchapter A of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by inserting after section 224 the following new section:
Industry-Wide certification when bilateral safeguard provisions invoked or antidumping or countervailing duties imposed
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.
Applicable date
In this section, the term applicable date means—
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);
the date on which a final determination is made in the case of a notification under section 224(e); or
the date on which additional duties are assessed in the case of a notification under section 224(c).
.
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:
Industry-Wide certification for agricultural commodity producers where safeguard provisions invoked or antidumping or countervailing duties imposed
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.
Applicable date
In this section, the term applicable date means—
the date on which the affirmative or positive determination or finding is made in the case of a notification under section 224(b);
the date on which a final determination is made in the case of a notification under section 224(e); or
the date on which additional duties are assessed in the case of a notification under section 224(c).
.
Technical and conforming amendments
The table of contents for title II of the Trade Act of 1974 is amended—
by striking the item relating to section 224 and inserting the following:
Sec. 224. Notifications regarding affirmative determinations and safeguards.
;
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
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.
.
Regulations
The Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Labor, and the International Trade Commission may promulgate such regulations as may be necessary to carry out the amendments made by this title.
Effective date
The amendments made by this title take effect on the date that is 60 days after the date of the enactment of this Act and apply to petitions filed or recertified on or after that effective date.
Office of Trade Adjustment Assistance
Office of Trade Adjustment Assistance
In general
Chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.) is amended by inserting after section 255 the following new section:
Office of Trade Adjustment Assistance
Establishment
Not later than 90 days after the date of enactment of the American Competitiveness and Adjustment Act, there shall be established in the International Trade Administration of the Department of Commerce an Office of Trade Adjustment Assistance.
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.
Functions
The Office shall assist the Secretary of Commerce in carrying out the Secretary’s responsibilities under this chapter.
.
Conforming amendment
The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 255 the following new item:
Sec. 255A. Office of Trade Adjustment Assistance.
.
Trade Adjustment Assistance for Farmers
Clarification of marketing year and other provisions
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
.
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.
Eligibility
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
.
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
.
Petition process
Section 293 of the Trade Act of 1974 (19 U.S.C. 2401c) is amended by adding at the end the following:
Addition of commodity producers to petition
At any time after a petition is filed under section 292 by a group of agricultural commodity producers, including after the Secretary issues a certification of eligibility under subsection (a) to a group of agricultural producers, any other producer of that agricultural commodity may elect to join the group of producers who filed the petition. Any producer who makes an election under the preceding sentence is eligible for assistance under this chapter to the same extent as the producers who filed the petition.
Amendment of petition
In any case in which the Secretary issues a certification of eligibility under subsection (a) pursuant to a petition filed under section 292, the group of producers of an agricultural commodity to whom the certification applies may thereafter amend the petition to modify the countries described in section 292(c)(2) or to modify the heading or subheading under which the agricultural commodity is classified under the Harmonized Tariff Schedule of the United States.
.
Amount of cash benefits
Section 296(b)(1) of the Trade Act of 1974 (19 U.S.C. 2401e(b)(1)) is amended to read as follows:
In general
Subject to the provisions of section 298, an adversely affected agricultural commodity producer described in subsection (a) shall be entitled to adjustment assistance under this chapter as follows:
Commodities receiving assistance
In general
If the agricultural commodity with respect to which the certification under this chapter applies is described in clause (ii), the adversely affected agricultural commodity producer shall be entitled to adjustment assistance under this chapter in an amount equal to the product of—
one-half of the difference between—
an amount equal to 80 percent of the average of the national average price of the agricultural commodity covered by the application described in subsection (a) for the 5 marketing years preceding the most recent marketing year, and
the national average price of the agricultural commodity for the most recent marketing year, and
the amount of the agricultural commodity produced by the agricultural commodity producer in the most recent marketing year.
Agricultural commodities described
An agricultural commodity is described in this clause if it is—
a covered commodity for purposes of section 1103 or 1104 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7913, 7914);
a loan commodity for purposes of section 1202 of that Act (7 U.S.C. 7932); or
a product eligible for assistance under subtitle C, D, or E of title I of that Act, or the amendments made by any such subtitle.
Other commodities
If the agricultural commodity with respect to which the certification under this chapter applies is not covered under subparagraph (A), the adversely affected agricultural commodity producer shall be entitled to adjustment assistance under this chapter in an amount equal to the product of—
the difference between—
an amount equal to 80 percent of the average of the national average price of the agricultural commodity covered by the application described in subsection (a) for the 5 marketing years preceding the most recent marketing year, and
the national average price of the agricultural commodity for the most recent marketing year, and
the amount of the agricultural commodity produced by the agricultural commodity producer in the most recent marketing year.
.
Effective date
The amendments made by this title apply to petitions filed or recertified under chapter 6 of title II of the Trade Act of 1974 on or after January 1, 2007.
Trade adjustment assistance for firms
Modification of eligibility
Section 251(c) of the Trade Act of 1974 (19 U.S.C. 2341(c)) is amended—
in paragraph (1)(B)(ii) by striking
sales or production, or both, of an article that accounted for not less
than 25 percent of the total production or sales of the firm during the
12-month period preceding the most recent 12-month period for which data are
available have decreased absolutely
and inserting average
monthly sales or production, or both, during the 60-month period preceding the
most recent 12-month period for which data are available, of an article that
accounted, during such 60-month period, for not less than 25 percent of the
total production or sales of the firm, have decreased absolutely
;
in paragraph (1)(C)—
by striking
increases of
; and
by striking
importantly
; and
in paragraph (2), by striking subparagraph (A) and inserting the following:
If imports of articles like or directly competitive with articles which are produced by the firm concerned exceed 65 percent of the market for such articles in the United States, the Secretary shall give substantially greater weight to the factors set forth in subparagraphs (A) and (B) of paragraph (1) than to that set forth in subparagraph (C) of paragraph (1).
.
Trade adjustment assistance for service workers and firms
Extension of trade adjustment assistance to services sector
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)
.
Group eligibility requirements
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended—
in subsection (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)
;
in paragraph (1), by inserting or
public agency
after of the firm
; and
in paragraph (2)—
in subparagraph (A)(ii), by striking
like or directly competitive with articles produced
and
inserting or services like or directly competitive with articles
produced or services provided
; and
by amending subparagraph (B) (as amended by section 102(b) of this Act) to read as follows:
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
such workers' firm, subdivision, or public agency has obtained or is likely to obtain such services from a foreign country.
;
in subsection (b)—
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)
;
in paragraph (2), by inserting or
service
after related to the article
; and
in paragraph (3)(A), by inserting or
services
after component parts
;
in subsection (c)—
in paragraph (3)—
by inserting or services
after value-added production processes
;
by striking or finishing
and
inserting , finishing, or testing
;
by inserting or services
after for articles
; and
by inserting (or
subdivision)
after such other firm
; and
in paragraph (4)—
by striking for articles
and
inserting , or services, used in the production of articles or in the
provision of services
; and
by inserting (or
subdivision)
after such other firm
; and
by adding at the end the following new subsection:
Basis for secretary’s determinations
Increased imports of services
For purposes of subsection (a)(2)(A)(ii), the Secretary may determine that increased imports of like or directly competitive services exist if the workers’ firm or subdivision or customers of the workers’ firm or subdivision accounting for not less than 20 percent of the sales of the workers’ firm or subdivision certify to the Secretary that they are obtaining such services from a foreign country.
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.
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.
.
Definitions
Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended—
in paragraph (1)—
by inserting or public
agency
after of a firm
; and
by inserting or public
agency
after or subdivision
;
in paragraph (2)(B), by inserting or
public agency
after the firm
;
by redesignating paragraphs (8) through (17) as paragraphs (9) through (18), respectively; and
by inserting after paragraph (6) the following:
The term public agency means a department or agency of a State or local government or of the Federal Government.
The term service sector firm means an entity engaged in the business of providing services.
.
Technical amendment
Section 245(a) of
the Trade Act of 1974 (19 U.S.C.
2317(a)) is amended by striking , other than subchapter
D
.
Trade adjustment assistance for firms and industries
Firms
Assistance
Section 251 of the Trade Act of 1974 (19 U.S.C. 2341) is amended—
in subsection (a), by inserting or
service sector firm
after (including any agricultural
firm
;
in subsection (c)(1)—
in the matter preceding subparagraph (A),
by inserting or service sector firm
after any
agricultural firm
;
in subparagraph (B)(ii), by inserting
or service
after of an article
; and
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
by adding at the end the following:
Basis for Secretary determination
Increased imports of services
For purposes of subsection (c)(1)(C), the Secretary may determine that increases of imports of like or directly competitive services exist if customers accounting for not less than 20 percent of the sales of the workers’ firm certify to the Secretary that they are obtaining such services from a foreign country.
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.
.
Definition
Section 261 of the Trade Act of 1974 (19 U.S.C. 2351) is amended—
by striking For purposes of
and inserting (a) Firm.—For purposes of
; and
by adding at the end the following:
Service sector firm
For purposes of this chapter, the term service sector firm means a firm engaged in the business of providing services.
.
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
.
Technical amendments
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.
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
.
Monitoring and reporting
Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended—
in the first sentence—
by striking The Secretary
and inserting (a) Monitoring Programs.—The Secretary
;
by inserting and services
after imports of articles
;
by inserting and domestic provision
of services
after domestic production
;
by inserting or providing
services
after producing articles
; and
by inserting , or provision of
services,
after changes in production
; and
by adding at the end the following:
Collection of data and reports on services sector
Secretary of Labor
Not later than 3 months after the date of the enactment of the American Competitiveness and Adjustment Act, the Secretary of Labor shall implement a system to collect data on adversely affected service workers that includes the number of workers by State, industry, and cause of dislocation of each worker.
Secretary of Commerce
Not later than 6 months after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and report to the Congress on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms obtaining services from firms in foreign countries.
.
Effective date
Except as provided in subsection (b), the amendments made by this title shall take effect on the date that is 60 days after the date of the enactment of this Act.
Authorization of appropriations
Authorization of appropriations for trade adjustment assistance
Workers
Section
245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking
2007
and inserting 2012
.
Firms
Section
256(b) of such Act (19 U.S.C. 2346(b)) is amended by striking
$16,000,000 for each of fiscal years 2003 through 2007
and
inserting $50,000,000 for each of fiscal years 2008 through
2012
.
Farmers
Section
298(a) of such Act (19 U.S.C. 2401g(a)) is amended by striking
2007
and inserting 2012
.