EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICE SECTOR AND PUBLIC AGENCY WORKERS; SHIFTS IN PRODUCTION.

SEC. 1801. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICE SECTOR AND PUBLIC AGENCY WORKERS; SHIFTS IN PRODUCTION.(a) Definitions.—Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended—(1) in paragraph (1)—(A) by striking “or appropriate subdivision of a firm”; and(B) by striking “or subdivision”;(2) in paragraph (2), by striking “employment—” and all that follows and inserting “employment, has been totally or partially separated from such employment.”;(3) by inserting after paragraph (2) the following:“(3) Subject to section 222(d)(5), the term ‘firm’ means—“(A) a firm, including an agricultural firm, service sector firm, or public agency; or“(B) an appropriate subdivision thereof.”;(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, or a subdivision thereof.”;(5) in paragraph (11), by striking “, or in a subdivision of which,”; and(6) by adding at the end the following:“(18) The term ‘service sector firm’ means a firm engaged in the business of supplying services.”.(b) Group Eligibility Requirements.—Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended—(1) in subsection (a)(2)—(A) by amending subparagraph (A)(ii) to read as follows:123 STAT. 368 “(ii)(I) imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased;“(II) imports of articles like or directly competitive with articles—“(aa) into which one or more component parts produced by such firm are directly incorporated, or“(bb) which are produced directly using services supplied by such firm,have increased; or“(III) imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased; and”; and(B) by amending subparagraph (B) to read as follows:“(B)(i)(I) there has been a shift by such workers’ firm to a foreign country in the production of articles or the supply of services like or directly competitive with articles which are produced or services which are supplied by such firm; or“(II) such workers’ firm has acquired from a foreign country articles or services that are like or directly competitive with articles which are produced or services which are supplied by such firm; and“(ii) the shift described in clause (i)(I) or the acquisition of articles or services described in clause (i)(II) contributed importantly to such workers’ separation or threat of separation.”;(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and(3) by inserting after subsection (a) the following:“(b) Adversely Affected Workers in Public Agencies.—A group of workers in a public agency shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that—“(1) a significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated;“(2) the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and“(3) the acquisition of services described in paragraph (2) contributed importantly to such workers’ separation or threat of separation.”.(c) Basis for Secretary’s Determinations.—Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended, is further amended by adding at the end the following:“(e) Basis for Secretary’s Determinations.—“(1) In general.—The Secretary shall, in determining whether to certify a group of workers under section 223, obtain from the workers’ firm, or a customer of the workers’ firm, information the Secretary determines to be necessary to make the certification, through questionnaires and in such other manner as the Secretary determines appropriate.123 STAT. 369“(2) Additional information.—The Secretary may seek additional information to determine whether to certify a group of workers under subsection (a), (b), or (c)—“(A) by contacting—“(i) officials or employees of the workers’ firm;“(ii) officials of customers of the workers’ firm;“(iii) officials of certified or recognized unions or other duly authorized representatives of the group of workers; or“(iv) one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); or“(B) by using other available sources of information.“(3) Verification of information.—“(A) Certification.—The Secretary shall require a firm or customer to certify—“(i) all information obtained under paragraph (1) from the firm or customer (as the case may be) through questionnaires; and“(ii) all other information obtained under paragraph (1) from the firm or customer (as the case may be) on which the Secretary relies in making a determination under section 223, unless the Secretary has a reasonable basis for determining that such information is accurate and complete without being certified.“(B) Use of subpoenas.—The Secretary shall require the workers’ firm or a customer of the workers’ firm to provide information requested by the Secretary under paragraph (1) by subpoena pursuant to section 249 if the firm or customer (as the case may be) fails to provide the information within 20 days after the date of the Secretary’s request, unless the firm or customer (as the case may be) demonstrates to the satisfaction of the Secretary that the firm or customer (as the case may be) will provide the information within a reasonable period of time.“(C) Protection of confidential information.—The Secretary may not release information obtained under paragraph (1) that the Secretary considers to be confidential business information unless the firm or customer (as the case may be) submitting the confidential business information had notice, at the time of submission, that the information would be released by the Secretary, or the firm or customer (as the case may be) subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court.”.(d) Penalties.—Section 244 of the Trade Act of 1974 (19 U.S.C. 2316) is amended to read as follows:“SEC. 244. PENALTIES. “Any person who—“(1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for that person or for any other person any payment authorized to be furnished 123 STAT. 370 under this chapter or pursuant to an agreement under section 239, or“(2) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Secretary during an investigation of a petition under section 221,shall be imprisoned for not more than one year, or fined under title 18, United States Code, or both.” .(e) Conforming Amendments.—(1) Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is amended—(A) in paragraph (1)—(i) in the matter preceding subparagraph (A)—(I) by striking “Secretary” and inserting “Secretary of Labor”; and(II) by striking “or subdivision” and inserting “(as defined in section 247)”; and(ii) in subparagraph (A), by striking “(including workers in an agricultural firm or subdivision of any agricultural firm)”;(B) in paragraph (2)(A), by striking “rapid response assistance” and inserting “rapid response activities”; and(C) in paragraph (3), by inserting “and on the website of the Department of Labor” after “Federal Register”.(2) Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended, is further amended—(A) by striking “(including workers in any agricultural firm or subdivision of an agricultural firm)” each place it appears;(B) in subsection (a)—(i) in paragraph (1), by striking “, or an appropriate subdivision of the firm,”; and(ii) in paragraph (2), by striking “or subdivision” each place it appears;(C) in subsection (c) (as redesignated)—(i) in paragraph (2)—(I) by striking “(or subdivision)” each place it appears;(II) by inserting “or service” after “the article”; and(III) by striking “(c) (3)” and inserting “(d) (3)”; and(ii) in paragraph (3), by striking “(or subdivision)” each place it appears; and(D) in subsection (d) (as redesignated)—(i) by striking “For purposes” and inserting “Definitions.—For purposes”;(ii) in paragraph (2), by striking “, or appropriate subdivision of a firm,” each place it appears;(iii) by amending paragraph (3) to read as follows:“(3) Downstream producer.—“(A) In general.—The term ‘downstream producer’ means a firm that performs additional, value-added production processes or services directly for another firm for articles or services with respect to which a group of workers in such other firm has been certified under subsection (a).123 STAT. 371“(B) Value-added production processes or services.—For purposes of subparagraph (A), value-added production processes or services include final assembly, finishing, testing, packaging, or maintenance or transportation services.”;(iv) in paragraph (4)—(I) by striking “(or subdivision)”; and(II) by inserting “, or services, used in the production of articles or in the supply of services, as the case may be,” after “for articles”; and(v) by adding at the end the following:“(5) Reference to firm.—For purposes of subsection (a), the term ‘firm’ does not include a public agency.”.(3) Section 231(a)(2) of the Trade Act of 1974 (19 U.S.C. 2291(a)(2)) is amended—(A) in the matter preceding subparagraph (A), by striking “or subdivision of a firm”; and(B) in subparagraph (C), by striking “or subdivision”.