S. 122

Trade Adjustment Assistance Improvement Act of 2007

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Contents

II

110th CONGRESS

1st Session

S. 122

IN THE SENATE OF THE UNITED STATES

January 4, 2007

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

A BILL

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

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.

I

Trade Adjustment Assistance for Services Sector

101.

Short title

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

102.

Extension of trade adjustment assistance to services sector

(a)

Adjustment assistance for workers

Section 221(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by striking firm) and inserting firm, and workers in a service sector firm or subdivision of a service sector firm, or public agency).

(b)

Group eligibility requirements; service workers; shifts in production

Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm, or public agency);

(B)

in paragraph (1), by inserting or public agency after of the firm; and

(C)

in paragraph (2)—

(i)

in subparagraph (A)(ii), by striking like or directly competitive with articles produced and inserting or services like or directly competitive with articles produced or services provided;

(ii)

by striking subparagraph (B) and inserting the following:

(B)
(i)

there has been a shift, by such workers' firm, subdivision, or public agency to a foreign country, of production of articles, or in provision of services, like or directly competitive with articles which are produced, or services which are provided by such firm, subdivision, or public agency; or

(ii)

such workers' firm, subdivision, or public agency has obtained or is likely to obtain such services from a foreign country.

;

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm, or public agency);

(B)

in paragraph (2), by inserting or service after related to the article; and

(C)

in paragraph (3)(A), by inserting or services after component parts;

(3)

in subsection (c)—

(A)

in paragraph (3)—

(i)

by inserting or services after value-added production processes;

(ii)

by striking or finishing and inserting , finishing, or testing;

(iii)

by inserting or services after for articles;

(iv)

by inserting (or subdivision) after such other firm; and

(v)

by striking , if the certification of eligibility and all that follows to the end period; and

(B)

in paragraph (4)—

(i)

by striking for articles and inserting , or services, used in the production of articles or in the provision of services; and

(ii)

by inserting (or subdivision) after such other firm; and

(4)

by adding at the end the following new subsection:

(d)

Basis for secretary’s determinations

(1)

Increased imports

For purposes of subsection (a)(2)(A)(ii), the Secretary may determine that increased imports of like or directly competitive articles or services exist if the workers’ firm or subdivision or customers of the workers’ firm or subdivision accounting for not less than 20 percent of the sales of the workers’ firm or subdivision certify to the Secretary that they are obtaining such articles or services from a foreign country.

(2)

Obtaining services abroad

For purposes of subsection (a)(2)(B)(ii), the Secretary may determine that the workers’ firm, subdivision, or public agency has obtained or is likely to obtain like or directly competitive services from a foreign country based on a certification thereof from the workers’ firm, subdivision, or public agency.

(3)

Authority of the Secretary

The Secretary may obtain the certifications under paragraphs (1) and (2) through questionnaires or in such other manner as the Secretary determines is appropriate.

.

(c)

Definitions

Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended—

(1)

in paragraph (1)—

(A)

by inserting or public agency after of a firm; and

(B)

by inserting or public agency after or subdivision;

(2)

in paragraph (2)(B), by inserting or public agency after the firm;

(3)

by redesignating paragraphs (8) through (17) as paragraphs (9) through (18), respectively; and

(4)

by inserting after paragraph (6) the following:

(7)

The term public agency means a department or agency of a State or local government or of the Federal Government.

(8)

The term service sector firm means an entity engaged in the business of providing services.

.

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.

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.

.

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.

II

Trade Adjustment Assistance for Industries

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.

202.

Notification

Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended to read as follows:

224.

Notifications regarding affirmative determinations and safeguards

(a)

Notifications regarding chapter 1 investigations and determinations

Whenever the International Trade Commission makes a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the Commission shall immediately—

(1)

notify the Secretary of Labor of that finding; and

(2)

in the case of a finding with respect to an agricultural commodity, as defined in section 291, notify the Secretary of Agriculture of that finding.

(b)

Notification regarding bilateral safeguards

The International Trade Commission shall immediately notify the Secretary of Labor and, in an investigation with respect to an agricultural commodity, the Secretary of Agriculture, whenever the Commission makes an affirmative determination pursuant to one of the following provisions:

(1)

Section 421 of the Trade Act of 1974 (19 U.S.C. 2451).

(2)

Section 312 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(3)

Section 312 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(4)

Section 312 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(5)

Section 312 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(6)

Section 302(b) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3352(b)).

(7)

Section 212 of the United States-Jordan Free Trade Agreement Implementation Act (19 U.S.C. 2112).

(8)

Section 312 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4062).

(9)

Section 312 of the United States-Bahrain Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(10)

Section 312 of the United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(c)

Agricultural safeguards

The Commissioner of Customs shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, whenever the Commissioner of Customs assesses additional duties on a product pursuant to one of the following provisions:

(1)

Section 202 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(2)

Section 202 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(3)

Section 201(c) of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(4)

Section 309 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3358).

(5)

Section 301(a) of the United States-Canada Free Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).

(6)

Section 404 of the United States-Israel Free Trade Agreement Implementation Act (19 U.S.C. 2112 note).

(7)

Section 202 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4032).

(d)

Textile safeguards

The President shall immediately notify the Secretary of Labor whenever the President makes a positive determination pursuant to one of the following provisions:

(1)

Section 322 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(2)

Section 322 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(3)

Section 322 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(4)

Section 322 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(5)

Section 322 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4082).

(6)

Section 322 of the United States-Bahrain Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(7)

Section 322 of the United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

(e)

Antidumping and countervailing duties

Whenever the International Trade Commission makes a final affirmative determination pursuant to section 705 or section 735 of the Tariff Act of 1930 (19 U.S.C. 1671d or 1673d), the Commission shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, of that determination.

.

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.

.

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:

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:

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.

.

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.

III

Other Trade Adjustment Assistance Matters

A

Trade Adjustment Assistance

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.

.

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:

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.

.

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:

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.

.

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.

.

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.

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.

.

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.

.

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.

B

Data collection

311.

Short title

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

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:

250.

Data collection; report

(a)

Data collection

The Secretary shall, pursuant to regulations prescribed by the Secretary, collect any data necessary to meet the requirements of this chapter. The Secretary shall collect and publish, on an annual basis, the following:

(1)

The number of workers certified and the number of workers actually participating in the trade adjustment assistance program.

(2)

The time for processing petitions.

(3)

The number of training waivers granted.

(4)

The number of workers receiving benefits and the type of benefits being received.

(5)

The number of workers enrolled in, and the duration of, training by major types of training.

(6)

Earnings history of workers that reflects wages before separation and wages in any job obtained after receiving benefits under this Act.

(7)

Reemployment rates and sectors in which dislocated workers have been employed.

(8)

The cause of dislocation identified in each petition that resulted in a certification under this chapter.

(9)

The number of petitions filed and workers certified in each congressional district of the United States.

(b)

State participation

The Secretary shall ensure, to the extent practicable, through oversight and effective internal control measures the following:

(1)

State participation

Participation by each State in the collection of data required under subsection (a) and shall provide incentives for States to supplement employment and wage data obtained through the use of unemployment insurance wage records.

(2)

Monitoring

Monitoring by each State of internal control measures with respect to program measurement data collected by each State.

(3)

Response

The quality and speed of the rapid response provided by each State under section 134(a)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)).

(c)

Report

(1)

Annual report

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and make available to each State and to the public a report that includes the information collected under this section.

.

(b)

Conforming amendments

(1)

Coordination

Section 281 of the Trade Act of 1974 (19 U.S.C. 2392) is amended by striking Departments of Labor and Commerce and inserting Departments of Labor, Commerce, and Agriculture.

(2)

Trade monitoring system

Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended by striking The Secretary of Commerce and the Secretary of Labor and inserting The Secretaries of Commerce, Labor, and Agriculture.

(3)

Table of contents

The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 249, the following new item:

Sec. 250. Data collection; report.

.

(c)

Effective date

The amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this Act.

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.

.

C

Trade Adjustment Assistance for farmers

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.

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.