S. 1209 (107th): Trade Adjustment Assistance For Workers, Farmers, Fishermen, Communities, and Firms Act of 2002

107th Congress, 2001–2002. Text as of Feb 04, 2002 (Reported by Senate Committee).

Status & Summary | PDF | Source: GPO

S 1209 RS

Calendar No. 313

107th CONGRESS

2d Session

S. 1209

[Report No. 107-134]

To amend the Trade Act of 1974 to consolidate and improve the trade adjustment assistance programs, to provide community-based economic development assistance for trade-affected communities, and for other purposes.

IN THE SENATE OF THE UNITED STATES

July 19, 2001

Mr. BINGAMAN (for himself, Mr. BAUCUS, Mr. DASCHLE, Mr. CONRAD, Mr. ROCKEFELLER, Mr. BREAUX, Mr. KERRY, Mr. TORRICELLI, Mrs. LINCOLN, Mr. JEFFORDS, Mr. BAYH, Mr. DAYTON, Mr. LIEBERMAN, Mr. DORGAN, Mr. DURBIN, Mr. SCHUMER, Mr. COCHRAN, Mr. CARPER, Ms. CANTWELL, Mr. DODD, Ms. STABENOW, Mrs. CLINTON, Mrs. FEINSTEIN, Mr. NELSON of Nebraska, Mrs. BOXER, Ms. COLLINS, Ms. SNOWE, Mr. WELLSTONE, Mrs. MURRAY, Mr. HARKIN, Mrs. CARNAHAN, Mr. KENNEDY, Mr. LEVIN, Mr. EDWARDS, Mr. GRAHAM, Mr. BIDEN, Mr. REID, Mr. JOHNSON, Mr. CLELAND, Mr. CORZINE, Mr. KOHL, Mr. SARBANES, Mr. INOUYE, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Finance

February 4, 2002

Reported by Mr. BAUCUS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To amend the Trade Act of 1974 to consolidate and improve the trade adjustment assistance programs, to provide community-based economic development assistance for trade-affected communities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE; TABLE OF CONTENTS. [<-Struck out]

    [Struck out->] (a) SHORT TITLE- This Act may be cited as the ‘Trade Adjustment Assistance for Workers, Farmers, Communities, and Firms Act of 2001’. [<-Struck out]

    [Struck out->] (b) TABLE OF CONTENTS- [<-Struck out]

      [Struck out->] Sec. 1. Short title; table of contents. [<-Struck out]

[Struck out->] TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS [<-Struck out]

      [Struck out->] Sec. 101. Adjustment assistance for workers. [<-Struck out]

      [Struck out->] Sec. 102. 50 percent refundable tax credit toward premiums for COBRA continuation coverage. [<-Struck out]

[Struck out->] TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS [<-Struck out]

      [Struck out->] Sec. 201. Reauthorization of program. [<-Struck out]

[Struck out->] TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES [<-Struck out]

      [Struck out->] Sec. 301. Purpose. [<-Struck out]

      [Struck out->] Sec. 302. Trade adjustment assistance for communities. [<-Struck out]

[Struck out->] TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS [<-Struck out]

      [Struck out->] Sec. 401. Trade adjustment assistance for farmers. [<-Struck out]

[Struck out->] TITLE V--CONFORMING AMENDMENTS AND EFFECTIVE DATE [<-Struck out]

      [Struck out->] Sec. 501. Conforming amendments. [<-Struck out]

[Struck out->] TITLE VI--SAVINGS PROVISIONS AND EFFECTIVE DATE [<-Struck out]

      [Struck out->] Sec. 601. Savings provisions. [<-Struck out]

      [Struck out->] Sec. 602. Effective date. [<-Struck out]

[Struck out->]

TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

[<-Struck out]

[Struck out->] SEC. 101. ADJUSTMENT ASSISTANCE FOR WORKERS. [<-Struck out]

    [Struck out->] Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended to read as follows: [<-Struck out]

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‘CHAPTER 2--ADJUSTMENT ASSISTANCE FOR WORKERS [<-Struck out]

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‘Subchapter A--General Provisions [<-Struck out]

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‘SEC. 221. DEFINITIONS. [<-Struck out]

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    ‘In this chapter: [<-Struck out]

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      ‘(1) ADDITIONAL COMPENSATION- The term ‘additional compensation’ has the meaning given that term in section 205(3) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). [<-Struck out]

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      ‘(2) ADVERSELY AFFECTED EMPLOYMENT- The term ‘adversely affected employment’ means employment in a firm or appropriate subdivision of a firm, if workers of that firm or subdivision are eligible to apply for adjustment assistance under this chapter. [<-Struck out]

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      ‘(3) ADVERSELY AFFECTED WORKER- [<-Struck out]

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        ‘(A) IN GENERAL- The term ‘adversely affected worker’ means a worker who is a member of a group of workers certified by the Secretary under section 231(a)(1) as eligible for trade adjustment assistance. [<-Struck out]

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        ‘(B) ADVERSELY AFFECTED SECONDARY WORKER- The term ‘adversely affected worker’ includes an adversely affected secondary worker who is a member of a group of workers employed at a downstream producer or a supplier, that is certified by the Secretary under section 231(a)(2) as eligible for trade adjustment assistance. [<-Struck out]

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      ‘(4) AVERAGE WEEKLY HOURS- The term ‘average weekly hours’ means the average hours worked by a worker (excluding overtime) in the employment from which the worker has been or claims to have been separated in the 52 weeks (excluding weeks during which the worker was on leave for purposes of vacation, sickness, maternity, military service, or any other employer-authorized leave) preceding the week specified in paragraph (5)(B)(ii). [<-Struck out]

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      ‘(5) AVERAGE WEEKLY WAGE- [<-Struck out]

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        ‘(A) IN GENERAL- The term ‘average weekly wage’ means 1/13 of the total wages paid to an individual in the high quarter. [<-Struck out]

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        ‘(B) DEFINITIONS- For purposes of computing the average weekly wage-- [<-Struck out]

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          ‘(i) the term ‘high quarter’ means the quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made; and [<-Struck out]

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          ‘(ii) the term ‘week’ means the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary. [<-Struck out]

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      ‘(6) BENEFIT PERIOD- The term ‘benefit period’ means, with respect to an individual, the following: [<-Struck out]

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        ‘(A) STATE LAW- The benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation. [<-Struck out]

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        ‘(B) FEDERAL LAW- The equivalent to the benefit year or ensuing period provided for under the applicable Federal unemployment insurance law. [<-Struck out]

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      ‘(7) BENEFIT YEAR- The term ‘benefit year’ has the same meaning given that term in the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). [<-Struck out]

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      ‘(8) CONTRIBUTED IMPORTANTLY- The term ‘contributed importantly’ means a cause that is important but not necessarily more important than any other cause. [<-Struck out]

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      ‘(9) COOPERATING STATE- The term ‘cooperating State’ means any State that has entered into an agreement with the Secretary under section 222. [<-Struck out]

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      ‘(10) DOWNSTREAM PRODUCER- The term ‘downstream producer’ means a firm that performs [<-Struck out]

[Struck out->] additional, value-added production processes, including a firm that performs final assembly, finishing, or packaging of articles produced by another firm. [<-Struck out]

      [Struck out->]

      ‘(11) EXTENDED COMPENSATION- The term ‘extended compensation’ has the meaning given that term in section 205(4) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). [<-Struck out]

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      ‘(12) JOB FINDING CLUB- The term ‘job finding club’ means a job search workshop which includes a period of structured, supervised activity in which participants attempt to obtain jobs. [<-Struck out]

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      ‘(13) JOB SEARCH PROGRAM- The term ‘job search program’ means a job search workshop or job finding club. [<-Struck out]

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      ‘(14) JOB SEARCH WORKSHOP- The term ‘job search workshop’ means a short (1- to 3-day) seminar, covering subjects such as labor market information, resume writing, interviewing techniques, and techniques for finding job openings, that is designed to provide participants with knowledge that will enable the participants to find jobs. [<-Struck out]

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      ‘(15) ON-THE-JOB TRAINING- The term ‘on-the-job training’ means training provided by an employer to an individual who is employed by the employer. [<-Struck out]

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      ‘(16) PARTIAL SEPARATION- A partial separation shall be considered to exist with respect to an individual if-- [<-Struck out]

        [Struck out->]

        ‘(A) the individual has had a 20-percent or greater reduction in the average weekly hours worked by that individual in adversely affected employment; and [<-Struck out]

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        ‘(B) the individual has had a 20-percent or greater reduction in the average weekly wage of the individual with respect to adversely affected employment. [<-Struck out]

      [Struck out->]

      ‘(17) REGULAR COMPENSATION- The term ‘regular compensation’ has the meaning given that term in section 205(2) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). [<-Struck out]

      [Struck out->]

      ‘(18) SECRETARY- The term ‘Secretary’ means the Secretary of Labor. [<-Struck out]

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      ‘(19) STATE- The term ‘State’ includes each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. [<-Struck out]

      [Struck out->]

      ‘(20) STATE AGENCY- The term ‘State agency’ means the agency of the State that administers the State law. [<-Struck out]

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      ‘(21) STATE LAW- The term ‘State law’ means the unemployment insurance law of the State approved by the Secretary under section 3304 of the Internal Revenue Code of 1986. [<-Struck out]

      [Struck out->]

      ‘(22) SUPPLIER- The term ‘supplier’ means a firm that produces component parts for, or articles considered to be a part of, the production process for articles produced by a firm or subdivision covered by a certification of eligibility under section 231. The term ‘supplier’ also includes a firm that provides services under contract to a firm or subdivision covered by such certification. [<-Struck out]

      [Struck out->]

      ‘(23) TOTAL SEPARATION- The term ‘total separation’ means the layoff or severance of an individual from employment with a firm in which or in a subdivision of which, adversely affected employment exists. [<-Struck out]

      [Struck out->]

      ‘(24) UNEMPLOYMENT INSURANCE- The term ‘unemployment insurance’ means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5, United States Code, and the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). [<-Struck out]

      [Struck out->]

      ‘(25) WEEK- Except as provided in paragraph 5(B)(ii), the term ‘week’ means a week as defined in the applicable State law. [<-Struck out]

      [Struck out->]

      ‘(26) WEEK OF UNEMPLOYMENT- The term ‘week of unemployment’ means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law. [<-Struck out]

[Struck out->]
‘SEC. 222. AGREEMENTS WITH STATES. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- The Secretary is authorized on behalf of the United States to enter into an agreement with any State to facilitate the provision of services under this chapter. [<-Struck out]

    [Struck out->]

    ‘(b) TERMS OF AGREEMENTS- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Any agreement entered into under subsection (a) shall require that the delivery of services under this chapter take place under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), upon terms and conditions as are established by the Secretary in consultation with the State and set forth in the agreement. [<-Struck out]

      [Struck out->]

      ‘(2) PROVISIONS OF AGREEMENTS- Under an agreement entered into under subsection (a), and as an agent of the United States, the State shall-- [<-Struck out]

        [Struck out->]

        ‘(A) facilitate the early filing of petitions under section 231(b) for any group of workers that the State considers are likely to be eligible for benefits under this chapter; [<-Struck out]

        [Struck out->]

        ‘(B) assist the Secretary in the review of any petition submitted from that State by verifying the information and providing other assistance as the Secretary may request; [<-Struck out]

        [Struck out->]

        ‘(C) provide to adversely affected workers statewide rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)) in the same manner and to the same extent as any other worker eligible for those activities; [<-Struck out]

        [Struck out->]

        ‘(D) arrange for the provision of services through the one-stop delivery system established in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)); [<-Struck out]

        [Struck out->]

        ‘(E) advise each worker who applies for unemployment insurance of the available benefits under this chapter and the procedures and deadlines for applying for those benefits; [<-Struck out]

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        ‘(F) receive applications for services under this chapter; [<-Struck out]

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        ‘(G) provide payments on the basis provided in this chapter; [<-Struck out]

        [Struck out->]

        ‘(H) afford adversely affected workers the services provided under section 134(d) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)) in the same manner and to the same extent as any other worker eligible for those services; [<-Struck out]

        [Struck out->]

        ‘(I) advise each adversely affected worker to apply for training under section 240, and of the deadlines for benefits related to enrollment in training under this chapter; [<-Struck out]

        [Struck out->]

        ‘(J) ensure that State employees with responsibility for carrying out an agreement entered into under subsection (a)-- [<-Struck out]

          [Struck out->]

          ‘(i) inform adversely affected workers covered by a certification issued under section 231(c) of the workers’ (and individual member’s of the worker’s family) potential eligibility for-- [<-Struck out]

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            ‘(I) medical assistance under the medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396a et seq.); [<-Struck out]

            [Struck out->]

            ‘(II) child health assistance under the State children’s health insurance program established under title XXI of that Act (42 U.S.C. 1397aa et seq.); [<-Struck out]

            [Struck out->]

            ‘(III) child care services for which assistance is provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); and [<-Struck out]

            [Struck out->]

            ‘(IV) other Federal and State funded health care, child care, transportation, and assistance programs that the workers may be eligible for; and [<-Struck out]

          [Struck out->]

          ‘(ii) provide such workers with information regarding how to apply for such assistance, services, and programs; [<-Struck out]

        [Struck out->]

        ‘(K) provide adversely affected workers referral to training under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), or any other available Federal or State program designed to assist dislocated workers or unemployed individuals; [<-Struck out]

        [Struck out->]

        ‘(L) provide services under this chapter using individuals approved by the Secretary to effectively assist workers eligible for assistance under this chapter; [<-Struck out]

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        ‘(M) collect and transmit to the Secretary any data as the Secretary shall reasonably require to assist the Secretary in assuring the effective and efficient performance of the programs carried out under this chapter; and [<-Struck out]

        [Struck out->]

        ‘(N) otherwise actively cooperate with the Secretary and with other Federal and State agencies in providing payments and services under this chapter, including participation in the performance measurement system established by the Secretary under section 224. [<-Struck out]

    [Struck out->]

    ‘(c) OTHER PROVISIONS- [<-Struck out]

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      ‘(1) APPROVAL OF PROVIDERS- The Secretary shall ensure that the services provided by cooperating States are provided by individuals approved by the Secretary to effectively assist workers eligible for assistance under this chapter. [<-Struck out]

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      ‘(2) AMENDMENT, SUSPENSION, OR TERMINATION OF AGREEMENTS- Each agreement entered into under this section shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated. [<-Struck out]

      [Struck out->]

      ‘(3) EFFECT ON UNEMPLOYMENT INSURANCE- Each agreement entered into under this section shall provide that unemployment insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to payments under this chapter. [<-Struck out]

      [Struck out->]

      ‘(4) COORDINATION OF WORKFORCE INVESTMENT ACTIVITIES- In order to promote the coordination of Workforce Investment Act activities in each State with activities carried out under this chapter, each agreement entered into under this section shall provide that the State shall submit to the Secretary, in a form as the Secretary may require, the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b) (8) and (14)). [<-Struck out]

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    ‘(d) REVIEW OF STATE DETERMINATIONS- [<-Struck out]

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      ‘(1) IN GENERAL- A determination by a cooperating State regarding entitlement to program benefits under this chapter is subject to review in [<-Struck out]

[Struck out->] the same manner and to the same extent as determinations under the applicable State law. [<-Struck out]

      [Struck out->]

      ‘(2) APPEAL- A review undertaken by a cooperating State under paragraph (1) may be appealed to the Secretary pursuant to such regulations as the Secretary may prescribe. [<-Struck out]

[Struck out->]
‘SEC. 223. ADMINISTRATION ABSENT STATE AGREEMENT. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- In any State in which there is no agreement in force under section 222, the Secretary shall arrange, under regulations prescribed by the Secretary, for the performance of all necessary functions under this chapter, including providing a hearing for any worker whose application for payment is denied. [<-Struck out]

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    ‘(b) FINALITY OF DETERMINATION- A final determination under subsection (a) regarding entitlement to program benefits under this chapter is subject to review by the courts in the same manner and to the same extent as is provided by section 205(g) of the Social Security Act (42 U.S.C. 405(g)). [<-Struck out]

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‘SEC. 224. DATA COLLECTION; EVALUATIONS; REPORTS. [<-Struck out]

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    ‘(a) DATA COLLECTION- The Secretary shall, pursuant to regulations prescribed by the Secretary, collect any data necessary to meet the requirements of this chapter. [<-Struck out]

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    ‘(b) PERFORMANCE EVALUATIONS- The Secretary shall establish an effective performance measuring system to evaluate the following: [<-Struck out]

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      ‘(1) PROGRAM PERFORMANCE- [<-Struck out]

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        ‘(A) speed of petition processing; [<-Struck out]

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        ‘(B) quality of petition processing; [<-Struck out]

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        ‘(C) cost of training programs; [<-Struck out]

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        ‘(D) coordination of programs under this title with programs under the Workforce Investment Act (29 U.S.C. 2801 et seq.); [<-Struck out]

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        ‘(E) length of time participants take to enter and complete training programs; [<-Struck out]

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        ‘(F) the effectiveness of individual contractors in providing appropriate retraining information; [<-Struck out]

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        ‘(G) the effectiveness of individual approved training programs in helping workers obtain employment; [<-Struck out]

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        ‘(H) best practices related to the provision of benefits and retraining; and [<-Struck out]

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        ‘(I) other data to evaluate how individual States are implementing the requirements of this title. [<-Struck out]

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      ‘(2) PARTICIPANT OUTCOMES- [<-Struck out]

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        ‘(A) reemployment rates; [<-Struck out]

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        ‘(B) types of jobs in which displaced workers have been placed; [<-Struck out]

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        ‘(C) wage and benefit maintenance results; [<-Struck out]

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        ‘(D) training completion rates; and [<-Struck out]

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        ‘(E) other data to evaluate how effective programs under this chapter are for participants. [<-Struck out]

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      ‘(3) PROGRAM PARTICIPATION DATA- [<-Struck out]

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        ‘(A) the number of workers receiving benefits and the type of benefits being received; [<-Struck out]

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        ‘(B) the number of workers enrolled in, and the duration of, training by major types of training; and [<-Struck out]

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        ‘(C) earnings history of workers that reflects wages before separation and wages in any job obtained after receiving benefits under this Act. [<-Struck out]

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    ‘(c) STATE PARTICIPATION- The Secretary shall ensure, to the extent practicable, through oversight and effective internal control measures the following: [<-Struck out]

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      ‘(1) STATE PARTICIPATION- Participation by each State in the performance measurement system established under subsection (b). [<-Struck out]

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      ‘(2) MONITORING- Monitoring by each State of internal control measures with respect to performance measurement data collected by each State. [<-Struck out]

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      ‘(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)). [<-Struck out]

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    ‘(d) REPORTS- [<-Struck out]

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      ‘(1) REPORTS BY THE SECRETARY- [<-Struck out]

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        ‘(A) INITIAL REPORT- Not later than 6 months after the date of enactment of this 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-- [<-Struck out]

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          ‘(i) describes the performance measurement system established under subsection (b); [<-Struck out]

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          ‘(ii) includes analysis of data collected through the system established under subsection (b); [<-Struck out]

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          ‘(iii) includes information identifying the number of workers who received waivers under section 235(c) and the average duration of those during the preceding year; [<-Struck out]

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          ‘(iv) describes and analyzes State participation in the system; [<-Struck out]

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          ‘(v) analyzes 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)); and [<-Struck out]

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          ‘(vi) provides recommendations for program improvements. [<-Struck out]

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        ‘(B) 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 a report that includes the information collected under clauses (ii) through (iv) of subparagraph (A). [<-Struck out]

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      ‘(2) 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 [<-Struck out]

[Struck out->] Secretary to submit the report required under paragraph (1). [<-Struck out]

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      ‘(3) PUBLICATION- The Secretary shall make available to each State, and other public and private organizations as determined by the Secretary, the data gathered and evaluated through the performance measurement system established under paragraph (1). [<-Struck out]

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‘SEC. 225. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION. [<-Struck out]

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    ‘(a) NOTIFICATION OF INVESTIGATION- Whenever the International Trade Commission begins an investigation under section 202 with respect to an industry, the Commission shall immediately notify the Secretary of that investigation, and the Secretary shall immediately begin a study of-- [<-Struck out]

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      ‘(1) the number of workers in the domestic industry producing the like or directly competitive article who have been or are likely to be certified as eligible for adjustment assistance under this chapter; and [<-Struck out]

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      ‘(2) the extent to which the adjustment of those workers to the import competition may be facilitated through the use of existing programs. [<-Struck out]

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    ‘(b) REPORT- [<-Struck out]

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      ‘(1) IN GENERAL- The Secretary shall provide a report based on the study conducted under subsection (a) to the President not later than 15 days after the day on which the Commission makes its report under section 202(f). [<-Struck out]

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      ‘(2) PUBLICATION- The Secretary shall promptly make public the report provided to the President under paragraph (1) (with the exception of information which the Secretary determines to be confidential) and shall have a summary of the report published in the Federal Register. [<-Struck out]

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‘Subchapter B--Certifications [<-Struck out]

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‘SEC. 231. CERTIFICATION AS ADVERSELY AFFECTED WORKERS. [<-Struck out]

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    ‘(a) ELIGIBILITY FOR CERTIFICATION- [<-Struck out]

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      ‘(1) GENERAL RULE- A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as adversely affected workers and eligible for trade adjustment assistance benefits under this chapter pursuant to a petition filed under subsection (b) if the Secretary determines that-- [<-Struck out]

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        ‘(A) a significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; and [<-Struck out]

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        ‘(B)(i)(I) the value and volume of imports of articles like or directly competitive with articles produced by that firm or subdivision have increased; and [<-Struck out]

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        ‘(II) the increase in the value and volume of imports described in subclause (I) contributed importantly to the workers’ separation or threat of separation; or [<-Struck out]

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        ‘(ii)(I) there has been a shift in production by the workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by that firm or subdivision; and [<-Struck out]

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        ‘(II) the shift in production described in subclause (I) contributed importantly to the workers’ separation or threat of separation. [<-Struck out]

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      ‘(2) ADVERSELY AFFECTED SECONDARY WORKER- A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as adversely affected and eligible for trade adjustment assistance benefits under this chapter pursuant to a petition filed under subsection (b) if the Secretary determines that-- [<-Struck out]

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        ‘(A) a significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; [<-Struck out]

        [Struck out->]

        ‘(B) the workers’ firm (or subdivision) is a supplier to a firm (or subdivision) or downstream producer to a firm (or subdivision) described in paragraph (1)(B) (i) or (ii); and [<-Struck out]

        [Struck out->]

        ‘(C) a loss of business with a firm (or subdivision) described in paragraph (1)(B) (i) or (ii) contributed importantly to the workers’ separation or threat of separation determined under subparagraph (A). [<-Struck out]

      [Struck out->]

      ‘(3) SPECIAL PROVISIONS- For purposes of this section-- [<-Struck out]

        [Struck out->]

        ‘(A) OIL AND NATURAL GAS PRODUCERS- Any firm, or appropriate subdivision of a firm, that engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas. [<-Struck out]

        [Struck out->]

        ‘(B) OIL AND NATURAL GAS IMPORTS- Any firm, or appropriate subdivision of a firm, that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas. [<-Struck out]

        [Struck out->]

        ‘(C) TACONITE- For purposes of this Act, taconite pellets produced in the United States shall be considered to be an article that is like or directly competitive with imports of semifinished steel slab. [<-Struck out]

        [Struck out->]

        ‘(D) TRUCKERS- Not later than 6 months after the date of enactment of the Trade Adjustment Assistance for Workers, Farmers, Communities, and Firms Act of 2001, the Secretary shall establish a program to provide assistance under this chapter to domestic operators of motor carriers who are adversely affected by competition from foreign owned and operated motor carriers. [<-Struck out]

    [Struck out->]

    ‘(b) PETITIONS- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- A petition for certification of eligibility for trade adjustment assistance under this chapter for a group of adversely affected workers shall be filed with the Secretary and with the [<-Struck out]

[Struck out->] Governor of the State in which the firm or subdivision of the firm employing the workers is located. [<-Struck out]

      [Struck out->]

      ‘(2) PERSONS WHO MAY FILE A PETITION- A petition under paragraph (1) may be filed by any of the following: [<-Struck out]

        [Struck out->]

        ‘(A) WORKERS- The group of workers (including workers in an agricultural firm or subdivision or any agricultural firm). [<-Struck out]

        [Struck out->]

        ‘(B) WORKER REPRESENTATIVES- The certified or recognized union or other duly appointed representative of the workers. [<-Struck out]

        [Struck out->]

        ‘(C) WORKER ADJUSTMENT AND RETRAINING NOTIFICATION- Any entity to which notice of a plant closing or mass layoff must be given under section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102). [<-Struck out]

        [Struck out->]

        ‘(D) OTHER- Employers of workers described in subparagraph (A), 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 State employment agencies, on behalf of the workers. [<-Struck out]

        [Struck out->]

        ‘(E) REQUEST TO INITIATE CERTIFICATION- The President, or the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives (by resolution), may direct the Secretary to initiate a certification process under this chapter to determine the eligibility for trade adjustment assistance of a group of workers. [<-Struck out]

      [Struck out->]

      ‘(3) ACTIONS BY GOVERNOR- [<-Struck out]

        [Struck out->]

        ‘(A) COOPERATING STATE- Upon receipt of a petition, the Governor of a cooperating State shall ensure that the requirements of the agreement entered into under section 222 are met. [<-Struck out]

        [Struck out->]

        ‘(B) OTHER STATES- Upon receipt of a petition, the Governor of a State that has not entered into an agreement under section 222 shall coordinate closely with the Secretary to ensure that workers covered by a petition are-- [<-Struck out]

          [Struck out->]

          ‘(i) provided with all available services, including rapid response activities under section 134 of the Workforce Investment Act (29 U.S.C. 2864); [<-Struck out]

          [Struck out->]

          ‘(ii) informed of the workers’ (and individual member’s of the worker’s family) potential eligibility for-- [<-Struck out]

            [Struck out->]

            ‘(I) medical assistance under the medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396a et seq.); [<-Struck out]

            [Struck out->]

            ‘(II) child health assistance under the State children’s health insurance program established under title XXI of that Act (42 U.S.C. 1397aa et seq.); [<-Struck out]

            [Struck out->]

            ‘(III) child care services for which assistance is provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); and [<-Struck out]

            [Struck out->]

            ‘(IV) other Federal and State funded health care, child care, transportation, and assistance programs that the workers may be eligible for; and [<-Struck out]

          [Struck out->]

          ‘(iii) provided with information regarding how to apply for the assistance, services, and programs described in clause (ii). [<-Struck out]

    [Struck out->]

    ‘(c) ACTIONS BY SECRETARY- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- As soon as possible after the date on which a petition is filed under subsection (b), but not later than 45 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of subsection (a) and if warranted, shall issue a certification of eligibility for trade adjustment assistance under this subchapter. [<-Struck out]

      [Struck out->]

      ‘(2) PUBLICATION OF DETERMINATION- Upon making a determination under paragraph (1), the Secretary shall promptly publish a summary of the determination in the Federal Register together with the reasons for making that determination. [<-Struck out]

      [Struck out->]

      ‘(3) DATE SPECIFIED IN CERTIFICATION- Each certification made under this subsection shall specify the date on which the total or partial separation began or threatened to begin with respect to a group of certified workers. [<-Struck out]

      [Struck out->]

      ‘(4) PROJECTED TRAINING NEEDS- The Secretary shall inform the State Workforce Investment Board or equivalent agency, and other public or private agencies, institutions, and employers, as appropriate, of each certification issued under section 231 and of projections, if available, of the needs for training under section 240 as a result of that certification. [<-Struck out]

    [Struck out->]

    ‘(d) SCOPE OF CERTIFICATION- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- A certification issued under subsection (c) shall cover adversely affected workers in any group that meets the requirements of subsection (a), whose total or partial separation occurred on or after the date on which the petition was filed under subsection (b). [<-Struck out]

      [Struck out->]

      ‘(2) WORKERS SEPARATED PRIOR TO CERTIFICATION- A certification issued under subsection (c) shall cover adversely affected workers whose total or partial separation occurred not more than 1 year prior to the date on which the petition was filed under subsection (b). [<-Struck out]

    [Struck out->]

    ‘(e) TERMINATION OF CERTIFICATION- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- If the Secretary determines, with respect to any certification of eligibility, that workers separated from a firm or subdivision covered by a certification of eligibility are no longer adversely affected workers, the Secretary shall terminate the certification. [<-Struck out]

      [Struck out->]

      ‘(2) PUBLICATION OF TERMINATION- The Secretary shall promptly publish notice of any termination made under paragraph (1) in the Federal [<-Struck out]

[Struck out->] Register together with the reasons for making that determination. [<-Struck out]

      [Struck out->]

      ‘(3) APPLICATION- Any determination made under paragraph (1) shall apply only to total or partial separations occurring after the termination date specified by the Secretary. [<-Struck out]

[Struck out->]
‘SEC. 232. BENEFIT INFORMATION TO WORKERS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- The Secretary shall, in accordance with the provisions of section 222 or 223, as appropriate, provide prompt and full information to adversely affected workers covered by a certification issued under section 231(c), including information regarding-- [<-Struck out]

      [Struck out->]

      ‘(1) benefit allowances, training, and other employment services available under this chapter; [<-Struck out]

      [Struck out->]

      ‘(2) petition and application procedures under this chapter; [<-Struck out]

      [Struck out->]

      ‘(3) appropriate filing dates for the allowances, training, and services available under this chapter; and [<-Struck out]

      [Struck out->]

      ‘(4) procedures for applying for and receiving all other Federal benefits and services available to separated workers during a period of unemployment. [<-Struck out]

    [Struck out->]

    ‘(b) ASSISTANCE TO GROUPS OF WORKERS- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- The Secretary shall provide any necessary assistance to enable groups of workers to prepare petitions or applications for program benefits. [<-Struck out]

      [Struck out->]

      ‘(2) ASSISTANCE FROM STATES- The Secretary shall ensure that cooperating States fully comply with the agreements entered into under section 222 and shall periodically review that compliance. [<-Struck out]

    [Struck out->]

    ‘(c) NOTICE- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Not later that 15 days after a certification is issued under section 231 (or as soon as practicable after separation), the Secretary shall provide written notice of the benefits available under this chapter to each worker whom the Secretary has reason to believe is covered by the certification. [<-Struck out]

      [Struck out->]

      ‘(2) PUBLICATION OF NOTICE- The Secretary shall publish notice of the benefits available under this chapter to workers covered by each certification made under section 231 in newspapers of general circulation in the areas in which those workers reside. [<-Struck out]

[Struck out->]
‘Subchapter C--Program Benefits [<-Struck out]

[Struck out->]
‘PART I--GENERAL PROVISIONS [<-Struck out]

[Struck out->]
‘SEC. 234. COMPREHENSIVE ASSISTANCE. [<-Struck out]

    [Struck out->]

    ‘Workers covered by a certification issued by the Secretary under section 231 shall be eligible for the following: [<-Struck out]

      [Struck out->]

      ‘(1) Trade adjustment allowances as described in sections 235 through 238. [<-Struck out]

      [Struck out->]

      ‘(2) Employment services as described in section 239. [<-Struck out]

      [Struck out->]

      ‘(3) Training as described in section 240. [<-Struck out]

      [Struck out->]

      ‘(4) Job search allowances as described in section 241. [<-Struck out]

      [Struck out->]

      ‘(5) Relocation allowances as described in section 242. [<-Struck out]

      [Struck out->]

      ‘(6) Supportive services and wage insurance as described in section 243. [<-Struck out]

[Struck out->]
‘PART II--TRADE ADJUSTMENT ALLOWANCES [<-Struck out]

[Struck out->]
‘SEC. 235. QUALIFYING REQUIREMENTS FOR WORKERS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- Payment of a trade adjustment allowance shall be made to an adversely affected worker covered by a certification under section 231 who files an application for the allowance for any week of unemployment that begins more than 60 days after the date on which the petition that resulted in the certification was filed under section 231, if the following conditions are met: [<-Struck out]

      [Struck out->]

      ‘(1) TIME OF TOTAL OR PARTIAL SEPARATION FROM EMPLOYMENT- The adversely affected worker’s total or partial separation before the worker’s application under this chapter occurred-- [<-Struck out]

        [Struck out->]

        ‘(A) on or after the date, as specified in the certification under which the worker is covered, on which total or partial separation from adversely affected employment began or threatened to begin in the adversely affected employment; [<-Struck out]

        [Struck out->]

        ‘(B) before the expiration of the 2-year period beginning on the date on which the certification under section 231 was issued; and [<-Struck out]

        [Struck out->]

        ‘(C) before the termination date (if any) determined pursuant to section 231(e). [<-Struck out]

      [Struck out->]

      ‘(2) EMPLOYMENT REQUIRED- [<-Struck out]

        [Struck out->]

        ‘(A) IN GENERAL- The adversely affected worker had, in the 52-week period ending with the week in which the total or partial separation occurred, at least 26 weeks of employment at wages of $30 or more a week with a single firm or subdivision of a firm. [<-Struck out]

        [Struck out->]

        ‘(B) UNAVAILABILITY OF DATA- If data with respect to weeks of employment with a firm are not available, the worker had equivalent amounts of employment computed under regulations prescribed by the Secretary. [<-Struck out]

        [Struck out->]

        ‘(C) WEEK OF EMPLOYMENT- For the purposes of this paragraph any week shall be treated as a week of employment at wages of $30 or more, if an adversely affected worker-- [<-Struck out]

          [Struck out->]

          ‘(i) is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training; [<-Struck out]

          [Struck out->]

          ‘(ii) does not work because of a disability that is compensable under a workmen’s compensation law or plan of a State or the United States; [<-Struck out]

          [Struck out->]

          ‘(iii) had employment interrupted in order to serve as a full-time representative of a labor organization in that firm or subdivision; or [<-Struck out]

          [Struck out->]

          ‘(iv) is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, provided that active duty is ‘Federal service’ as defined in section 8521(a)(1) of title 5, United States Code. [<-Struck out]

        [Struck out->]

        ‘(D) EXCEPTIONS- [<-Struck out]

          [Struck out->]

          ‘(i) In the case of weeks described in clause (i) or (iii) of subparagraph (C), or both, not more than 7 weeks may be treated as weeks of employment under subparagraph (C). [<-Struck out]

          [Struck out->]

          ‘(ii) In the case of weeks described in clause (ii) or (iv) of subparagraph (C), not more than 26 weeks may be treated as weeks of employment under subparagraph (C). [<-Struck out]

      [Struck out->]

      ‘(3) UNEMPLOYMENT COMPENSATION- The adversely affected worker meets all of the following requirements: [<-Struck out]

        [Struck out->]

        ‘(A) ENTITLEMENT TO UNEMPLOYMENT INSURANCE- The worker was entitled to (or would be entitled to if the worker applied for) unemployment insurance for a week within the benefit period-- [<-Struck out]

          [Struck out->]

          ‘(i) in which total or partial separation took place; or [<-Struck out]

          [Struck out->]

          ‘(ii) which began (or would have begun) by reason of the filing of a claim for unemployment insurance by the worker after total or partial separation. [<-Struck out]

        [Struck out->]

        ‘(B) EXHAUSTION OF UNEMPLOYMENT INSURANCE- The worker has exhausted all rights to any unemployment insurance to which the worker was entitled (or would be entitled if the worker had applied for any unemployment insurance). [<-Struck out]

        [Struck out->]

        ‘(C) NO UNEXPIRED WAITING PERIOD- The worker does not have an unexpired waiting period applicable to the worker for any unemployment insurance. [<-Struck out]

      [Struck out->]

      ‘(4) EXTENDED UNEMPLOYMENT COMPENSATION- The adversely affected worker, with respect to a week of unemployment, would not be disqualified for extended compensation payable under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) by reason of the work acceptance and job search requirements in section 202(a)(3) of that Act. [<-Struck out]

      [Struck out->]

      ‘(5) TRAINING- The adversely affected worker is enrolled in a training program approved by the Secretary under section 240(a), and the enrollment occurred not later than the latest of the periods described in subparagraph (A), (B), or (C). [<-Struck out]

        [Struck out->]

        ‘(A) 16 WEEKS- The worker enrolled not later than the last day of the 16th week after the worker’s most recent total separation that meets the requirements of paragraphs (1) and (2). [<-Struck out]

        [Struck out->]

        ‘(B) 8 WEEKS- The worker enrolled not later than the last day of the 8th week after the week in which the Secretary issues a certification covering the worker. [<-Struck out]

        [Struck out->]

        ‘(C) EXTENUATING CIRCUMSTANCES- Notwithstanding subparagraphs (A) and (B), the adversely affected worker is eligible for trade adjustment assistance if the worker enrolled not later than 45 days after the later of the dates specified in subparagraph (A) or (B), and the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period. [<-Struck out]

    [Struck out->]

    ‘(b) FAILURE TO PARTICIPATE IN TRAINING- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Until the adversely affected worker begins or resumes participation in a training program approved under section 240(a), no trade adjustment allowance may be paid under subsection (a) to an adversely affected worker for any week or any succeeding week in which-- [<-Struck out]

        [Struck out->]

        ‘(A) the Secretary determines that-- [<-Struck out]

          [Struck out->]

          ‘(i) the adversely affected worker-- [<-Struck out]

            [Struck out->]

            ‘(I) has failed to begin participation in a training program the enrollment in which meets the requirement of subsection (a)(5); or [<-Struck out]

            [Struck out->]

            ‘(II) has ceased to participate in such a training program before completing the training program; and [<-Struck out]

          [Struck out->]

          ‘(ii) there is no justifiable cause for the failure or cessation; or [<-Struck out]

        [Struck out->]

        ‘(B) the waiver issued to that worker under subsection (c)(1) is revoked under subsection (c)(2). [<-Struck out]

      [Struck out->]

      ‘(2) EXCEPTION- The provisions of subsection (a)(5) and paragraph (1) shall not apply with respect to any week of unemployment that begins before the first week following the week in which the certification is issued under section 231. [<-Struck out]

    [Struck out->]

    ‘(c) WAIVERS OF TRAINING REQUIREMENTS- [<-Struck out]

      [Struck out->]

      ‘(1) ISSUANCE OF WAIVERS- The Secretary may issue a written statement to an adversely affected worker waiving the requirement to be enrolled in training described in subsection (a) if the Secretary determines that the training requirement is not feasible or appropriate for the worker, as indicated by 1 or more of the following: [<-Struck out]

        [Struck out->]

        ‘(A) RECALL- The worker has been notified that the worker will be recalled by the firm from which the separation occurred. [<-Struck out]

        [Struck out->]

        ‘(B) MARKETABLE SKILLS- The worker has marketable skills as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act (42 U.S.C. 503(j)), carried out in accordance with guidelines issued by the Secretary. [<-Struck out]

        [Struck out->]

        ‘(C) RETIREMENT- The worker is within 2 years of meeting all requirements for entitlement to old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefore). [<-Struck out]

        [Struck out->]

        ‘(D) HEALTH- The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. [<-Struck out]

        [Struck out->]

        ‘(E) ENROLLMENT UNAVAILABLE- The first available enrollment date for the approved [<-Struck out]

[Struck out->] training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary. [<-Struck out]

        [Struck out->]

        ‘(F) DURATION- The duration of training appropriate for the individual to obtain suitable employment exceeds the individual’s maximum entitlement to basic and additional trade adjustment allowances and, in addition, financial support available through other Federal or State programs, including chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.), that would enable the individual to complete a suitable training program cannot be assured. [<-Struck out]

        [Struck out->]

        ‘(G) EMPLOYMENT AVAILABLE- There is employment (which may include technical and professional employment) available for an adversely affected worker that offers equivalent wages to those that the adversely affected worker earned prior to separation. [<-Struck out]

        [Struck out->]

        ‘(H) NO BENEFIT- The worker would not benefit from any training, or no training that is suitable for the worker is available at a reasonable cost. [<-Struck out]

        [Struck out->]

        ‘(I) NO REASONABLE EXPECTATION OF EMPLOYMENT- There is no reasonable expectation of employment following completion of the training. [<-Struck out]

        [Struck out->]

        ‘(J) TRAINING NOT AVAILABLE- Training approved by the Secretary is not reasonably available to the worker from either governmental agencies or private sources (which may include area vocational education schools, as defined in section 3 of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2302), and employers). [<-Struck out]

        [Struck out->]

        ‘(K) WORKER NOT QUALIFIED- The worker is not qualified to undertake and complete any training. [<-Struck out]

      [Struck out->]

      ‘(2) DURATION OF WAIVERS- [<-Struck out]

        [Struck out->]

        ‘(A) IN GENERAL- A waiver issued under paragraph (1) shall be effective for not more than 6 months after the date on which the waiver is issued, unless the Secretary determines otherwise. [<-Struck out]

        [Struck out->]

        ‘(B) REVOCATION- The Secretary shall revoke a waiver issued under paragraph (1) if the Secretary determines that the basis of a waiver is no longer applicable to the worker. [<-Struck out]

      [Struck out->]

      ‘(3) AMENDMENTS UNDER SECTION 222- [<-Struck out]

        [Struck out->]

        ‘(A) ISSUANCE BY COOPERATING STATES- Pursuant to an agreement under section 222, the Secretary may authorize a cooperating State to issue waivers as described in paragraph (1) (except for the determination under subparagraphs (F) and (G) of paragraph (1)). [<-Struck out]

        [Struck out->]

        ‘(B) SUBMISSION OF STATEMENTS- An agreement under section 222 shall include a requirement that the cooperating State submit to the Secretary the written statements provided pursuant to paragraph (1) and a statement of the reasons for the waiver. [<-Struck out]

      [Struck out->]

      ‘(4) REASONABLE EXPECTATION OF EMPLOYMENT- For purposes of applying subsection (c)(1)(I), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under this section. [<-Struck out]

[Struck out->]
‘SEC. 236. WEEKLY AMOUNTS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- Subject to subsections (b) and (c), the trade adjustment allowance payable to an adversely affected worker for a week of total unemployment shall be an amount equal to the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 235(a)(3)(B)) reduced (but not below zero) by-- [<-Struck out]

      [Struck out->]

      ‘(1) any training allowance deductible under subsection (c); and [<-Struck out]

      [Struck out->]

      ‘(2) any income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable State law or Federal unemployment insurance law. [<-Struck out]

    [Struck out->]

    ‘(b) ADJUSTMENT FOR WORKERS RECEIVING TRAINING- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Any adversely affected worker who is entitled to a trade adjustment allowance and who is receiving training approved by the Secretary, shall receive for each week in which the worker is undergoing that training, a trade adjustment allowance in an amount (computed for such week) equal to the greater of-- [<-Struck out]

        [Struck out->]

        ‘(A) the amount computed under subsection (a); or [<-Struck out]

        [Struck out->]

        ‘(B) the amount of any weekly allowance for that training to which the worker would be entitled under any other Federal law for the training of workers, if the worker applied for that allowance. [<-Struck out]

      [Struck out->]

      ‘(2) ALLOWANCE PAID IN LIEU OF- Any trade adjustment allowance calculated under paragraph (1) shall be paid in lieu of any training allowance to which the worker would be entitled under any other Federal law. [<-Struck out]

      [Struck out->]

      ‘(3) COORDINATION WITH UNEMPLOYMENT INSURANCE- Any week in which a worker undergoing training approved by the Secretary receives payments from unemployment insurance shall be subtracted from the total number of weeks for which a worker may receive trade adjustment allowance under this chapter. [<-Struck out]

    [Struck out->]

    ‘(c) ADJUSTMENT FOR WORKERS RECEIVING ALLOWANCES UNDER OTHER FEDERAL LAW- [<-Struck out]

      [Struck out->]

      ‘(1) REDUCTION IN WEEKS FOR WHICH ALLOWANCE WILL BE PAID- If a training allowance under any Federal law (other than this Act) is paid to an adversely affected worker for any week of unemployment with respect to which the worker would be entitled (determined without regard to any disqualification under section 235(b)) to a trade adjustment allowance if the worker applied for that allowance, each week of unemployment shall be deducted from the total number of weeks of trade adjustment allowance otherwise payable to that worker under section 235(a) when the worker applies for a trade adjustment allowance and is determined to be entitled to the allowance. [<-Struck out]

      [Struck out->]

      ‘(2) PAYMENT OF DIFFERENCE- If the training allowance paid to a worker for any week of unemployment is less than the amount of the trade adjustment allowance to which the worker would be entitled if the worker applied for the trade adjustment allowance, the worker shall receive, when the worker applies for a trade adjustment allowance and is determined to be entitled to the allowance, a trade adjustment allowance for that week equal to the difference between the training allowance and the trade adjustment allowance computed under subsection (b). [<-Struck out]

[Struck out->]
‘SEC. 237. LIMITATIONS ON TRADE ADJUSTMENT ALLOWANCES. [<-Struck out]

    [Struck out->]

    ‘(a) AMOUNT PAYABLE- The maximum amount of trade adjustment allowance payable to an adversely affected worker, with respect to the period covered by any certification, shall be the amount that is the product of 104 multiplied by the trade adjustment allowance payable to the worker for a week of total unemployment (as determined under section 236) reduced by the total sum of the unemployment insurance to which the worker was entitled (or would have been entitled if the worker had applied for unemployment insurance) in the worker’s first benefit period described in section 235(a)(3)(A). [<-Struck out]

    [Struck out->]

    ‘(b) DURATION OF PAYMENTS- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Except as provided in paragraph (2), a trade adjustment allowance shall not be paid for any week occurring after the close of the 104-week period that begins with the first week following the week in which the adversely affected worker was most recently totally separated-- [<-Struck out]

        [Struck out->]

        ‘(A) within the period that is described in section 235(a)(1); and [<-Struck out]

        [Struck out->]

        ‘(B) with respect to which the worker meets the requirements of section 235(a)(2). [<-Struck out]

      [Struck out->]

      ‘(2) SPECIAL RULES- [<-Struck out]

        [Struck out->]

        ‘(A) BREAK IN TRAINING- For purposes of this chapter, a worker shall be treated as participating in a training program approved by the Secretary under section 240(a) during any week that is part of a break in a training that does not exceed 30 days if-- [<-Struck out]

          [Struck out->]

          ‘(i) the worker was participating in a training program approved under section 240(a) before the beginning of the break in training; and [<-Struck out]

          [Struck out->]

          ‘(ii) the break is provided under the training program. [<-Struck out]

        [Struck out->]

        ‘(B) ON-THE-JOB TRAINING- No trade adjustment allowance shall be paid to a worker under this chapter for any week during which the worker is receiving on-the-job training. [<-Struck out]

    [Struck out->]

    ‘(c) ADJUSTMENT OF AMOUNTS PAYABLE- Amounts payable to an adversely affected worker under this chapter shall be subject to adjustment on a week-to-week basis as may be required by section 236. [<-Struck out]

    [Struck out->]

    ‘(d) YEAR-END ADJUSTMENT- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Notwithstanding any other provision of this Act or any other provision of law, if the benefit year of a worker ends within an extended benefit period, the number of weeks of extended benefits that the worker would, but for this subsection, be entitled to in that extended benefit period shall not be reduced by the number of weeks for which the worker was entitled, during that benefit year, to trade adjustment allowances under this part. [<-Struck out]

      [Struck out->]

      ‘(2) EXTENDED BENEFITS PERIOD- For the purpose of this section the term ‘extended benefit period’ has the same meaning given that term in the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). [<-Struck out]

[Struck out->]
‘SEC. 238. APPLICATION OF STATE LAWS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- Except where inconsistent with the provisions of this chapter and subject to such regulations as the Secretary may prescribe, the availability and disqualification provisions of the State law under which an adversely affected worker is entitled to unemployment insurance (whether or not the worker has filed a claim for such insurance), or, if the worker is not so entitled to unemployment insurance, of the State in which the worker was totally or partially separated, shall apply to a worker that files an application for trade adjustment assistance. [<-Struck out]

    [Struck out->]

    ‘(b) DURATION OF APPLICABILITY- The State law determined to be applicable with respect to a separation [<-Struck out]

[Struck out->] of an adversely affected worker shall remain applicable for purposes of subsection (a), with respect to a separation until the worker becomes entitled to unemployment insurance under another State law (whether or not the worker has filed a claim for that insurance). [<-Struck out]

[Struck out->]
‘PART III--EMPLOYMENT SERVICES, TRAINING, AND OTHER ALLOWANCES [<-Struck out]

[Struck out->]
‘SEC. 239. EMPLOYMENT SERVICES. [<-Struck out]

    [Struck out->]

    ‘The Secretary shall, in accordance with section 222 or 223, as applicable, make every reasonable effort to secure for adversely affected workers covered by a certification under section 231, counseling, testing, placement, and other services provided for under any other Federal law. [<-Struck out]

[Struck out->]
‘SEC. 240. TRAINING. [<-Struck out]

    [Struck out->]

    ‘(a) APPROVED TRAINING PROGRAMS- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- The Secretary shall approve training programs that include-- [<-Struck out]

        [Struck out->]

        ‘(A) on-the-job training; [<-Struck out]

        [Struck out->]

        ‘(B) any employment or training activity provided through a one-stop delivery system under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.); [<-Struck out]

        [Struck out->]

        ‘(C) any program of adult education; [<-Struck out]

        [Struck out->]

        ‘(D) any training program (other than a training program described in paragraph (3) for which all, or any portion, of the costs of training the worker are paid-- [<-Struck out]

          [Struck out->]

          ‘(i) under any Federal or State program other than this chapter; or [<-Struck out]

          [Struck out->]

          ‘(ii) from any source other than this section; and [<-Struck out]

        [Struck out->]

        ‘(E) any other training program that the Secretary determines is acceptable to meet the needs of an adversely affected worker. [<-Struck out]

      [Struck out->]

      ‘(2) TRAINING AGREEMENTS- Before approving any training to which subsection (f)(1)(C) may apply, the Secretary may require that the adversely affected worker enter into an agreement with the Secretary under which the Secretary will not be required to pay under subsection (b) the portion of the costs of the training that the worker has reason to believe will be paid under the program, or by the source, described in clause (i) or (ii) of subsection (f)(1)(C). [<-Struck out]

      [Struck out->]

      ‘(3) LIMITATION ON APPROVALS- The Secretary shall not approve a training program if all of the following apply: [<-Struck out]

        [Struck out->]

        ‘(A) PAYMENT BY PLAN- Any portion of the costs of the training program are paid under any nongovernmental plan or program. [<-Struck out]

        [Struck out->]

        ‘(B) RIGHT TO OBTAIN- The adversely affected worker has a right to obtain training or funds for training under that plan or program. [<-Struck out]

        [Struck out->]

        ‘(C) REIMBURSEMENT- The plan or program requires the worker to reimburse the plan or program from funds provided under this chapter, or from wages paid under the training program, for any portion of the costs of that training program paid under the plan or program. [<-Struck out]

    [Struck out->]

    ‘(b) PAYMENT OF TRAINING COSTS- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Upon approval of a training program under subsection (a), and subject to the limitations imposed by this section, an adversely affected worker covered by a certification issued under section 231 may 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 231, made on behalf of the worker by the Secretary directly or through a voucher system. [<-Struck out]

      [Struck out->]

      ‘(2) ON-THE-JOB TRAINING- [<-Struck out]

        [Struck out->]

        ‘(A) PROVISION OF TRAINING ON THE JOB- If the Secretary approves training under subsection (a), the Secretary shall, insofar as possible, provide or assure the provision of that training on the job, and any training on the job that is approved by the Secretary under subsection (a) shall include related education necessary for the acquisition of skills needed for a position within a particular occupation. [<-Struck out]

        [Struck out->]

        ‘(B) MONTHLY INSTALLMENTS- If the Secretary approves payment of any on-the-job training under subsection (a), the Secretary shall pay the costs of that training in equal monthly installments. [<-Struck out]

        [Struck out->]

        ‘(C) LIMITATIONS- The Secretary may pay the costs of on-the-job training only if-- [<-Struck out]

          [Struck out->]

          ‘(i) no employed worker is displaced by the adversely affected worker (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits); [<-Struck out]

          [Struck out->]

          ‘(ii) the training does not impair contracts for services or collective bargaining agreements; [<-Struck out]

          [Struck out->]

          ‘(iii) in the case of training that would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained; [<-Struck out]

          [Struck out->]

          ‘(iv) no other individual is on layoff from the same, or any substantially equivalent, job for which the adversely affected worker is being trained; [<-Struck out]

          [Struck out->]

          ‘(v) the employer has not terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created by hiring the adversely affected worker; [<-Struck out]

          [Struck out->]

          ‘(vi) the job for which the adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of employed individuals; [<-Struck out]

          [Struck out->]

          ‘(vii) the training is not for the same occupation from which the worker was separated and with respect to which the worker’s group was certified pursuant to section 231; [<-Struck out]

          [Struck out->]

          ‘(viii) the employer certifies to the Secretary that the employer will continue to employ the worker for at least 26 weeks after completion of the training if the worker desires to continue the employment and the employer does not have due cause to terminate the employment; [<-Struck out]

          [Struck out->]

          ‘(ix) the employer has not received payment under subsection (b)(1) with respect to any other on-the-job training provided by the employer that failed to meet the requirements of clauses (i) through (vi); and [<-Struck out]

          [Struck out->]

          ‘(x) the employer has not taken, at any time, any action that violated the terms of any certification described in clause (viii) made by that employer with respect to any other on-the-job training provided by the employer for which the Secretary has made a payment under paragraph (1). [<-Struck out]

    [Struck out->]

    ‘(c) CERTAIN WORKERS ELIGIBLE FOR TRAINING BENEFITS- An adversely affected worker covered by a certification issued under section 231, who is not qualified to receive a trade adjustment allowance under section 235, may be eligible to have payment of the costs of training made under this section, if the worker enters a training program approved by the Secretary not later than 6 months after the date on which the certification that covers the worker is issued or the Secretary determines that one of the following applied: [<-Struck out]

      [Struck out->]

      ‘(1) Funding was not available at the time at which the adversely affected worker was required to enter training under paragraph (1). [<-Struck out]

      [Struck out->]

      ‘(2) The adversely affected worker was covered by a waiver issued under section 235(c). [<-Struck out]

    [Struck out->]

    ‘(d) EXHAUSTION OF UNEMPLOYMENT INSURANCE NOT REQUIRED- The Secretary may approve training, and pay the costs thereof, for any adversely affected worker who is a member of a group certified under section 231 at any time after the date on which the group is certified, without regard to whether the worker has exhausted all rights to any unemployment insurance to which the worker is entitled. [<-Struck out]

    [Struck out->]

    ‘(e) SUPPLEMENTAL ASSISTANCE- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Subject to paragraphs (2) and (3), when training is provided under a training program approved by the Secretary under subsection (a) in facilities that are not within commuting distance of a worker’s regular place of residence, the Secretary may authorize supplemental assistance to defray reasonable transportation and subsistence expenses for separate maintenance. [<-Struck out]

      [Struck out->]

      ‘(2) TRANSPORTATION EXPENSES- The Secretary may not authorize payments for travel expenses exceeding the prevailing mileage rate authorized under the Federal travel regulations. [<-Struck out]

      [Struck out->]

      ‘(3) SUBSISTENCE EXPENSES- The Secretary may not authorize payments for subsistence that exceed the lesser of-- [<-Struck out]

        [Struck out->]

        ‘(A) the actual per diem expenses for subsistence of the worker; or [<-Struck out]

        [Struck out->]

        ‘(B) an amount equal to 50 percent of the prevailing per diem allowance rate authorized under Federal travel regulations. [<-Struck out]

    [Struck out->]

    ‘(f) SPECIAL PROVISIONS; LIMITATIONS- [<-Struck out]

      [Struck out->]

      ‘(1) LIMITATION ON MAKING PAYMENTS- [<-Struck out]

        [Struck out->]

        ‘(A) DISALLOWANCE OF OTHER PAYMENT- If the costs of training an adversely affected worker are paid by the Secretary under subsection (b), no other payment for those training costs may be made under any other provision of Federal law. [<-Struck out]

        [Struck out->]

        ‘(B) NO PAYMENT OF REIMBURSABLE COSTS- No payment for the cost of approved training may be made under subsection (b) if those costs-- [<-Struck out]

          [Struck out->]

          ‘(i) have already been paid under any other provision of Federal law; or [<-Struck out]

          [Struck out->]

          ‘(ii) are reimbursable under any other provision of Federal law and a portion of those costs have already been paid under that other provision of Federal law. [<-Struck out]

        [Struck out->]

        ‘(C) NO PAYMENT OF COSTS PAID ELSEWHERE- The Secretary is not required to pay the costs of any training approved under subsection (a) to the extent that those costs are paid-- [<-Struck out]

          [Struck out->]

          ‘(i) under any Federal or State program other than this chapter; or [<-Struck out]

          [Struck out->]

          ‘(ii) from any source other than this section. [<-Struck out]

        [Struck out->]

        ‘(D) EXCEPTION- The provisions of this paragraph shall not apply to, or take into account, any funds provided under any other provision of Federal law that are used for any purpose other than the direct payment of the costs incurred in training a particular adversely affected worker, even if the use of those funds has the effect of indirectly paying for or reducing any portion of the costs involved in training the adversely affected worker. [<-Struck out]

      [Struck out->]

      ‘(2) UNEMPLOYMENT ELIGIBILITY- A worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subchapter because the individual is in training approved under subsection (a), because of leaving work which is not suitable employment to enter the training, or because of the application to any week in training of provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work. [<-Struck out]

      [Struck out->]

      ‘(3) DEFINITION- For purposes of this section the term ‘suitable employment’ means, with respect to a worker, work of a substantially equal or higher skill level than the worker’s past adversely affected employment, and wages for such work at not less than 80 percent of the worker’s average weekly wage. [<-Struck out]

      [Struck out->]

      ‘(4) PAYMENTS AFTER REEMPLOYMENT- [<-Struck out]

        [Struck out->]

        ‘(A) IN GENERAL- In the case of an adversely affected worker who secures reemployment, the Secretary may approve and pay the costs of training (or shall continue to pay the costs of training previously approved) for that adversely affected worker, for the completion of their training program or up to 26 weeks, whichever is less, after the date the adversely affected worker becomes reemployed. [<-Struck out]

        [Struck out->]

        ‘(B) TRADE ADJUSTMENT ALLOWANCE- An adversely affected worker who is reemployed and is undergoing training approved by the Secretary pursuant to subparagraph (A) may continue to receive trade adjustment allowance, subject to the income offsets provided for in the worker’s State unemployment compensation law in accordance with the provisions of section 237. [<-Struck out]

      [Struck out->]

      ‘(5) FUNDING- The total amount of payments that may be made under this section for any fiscal year shall not exceed $300,000,000. [<-Struck out]

[Struck out->]
‘SEC. 241. JOB SEARCH ALLOWANCES. [<-Struck out]

    [Struck out->]

    ‘(a) JOB SEARCH ALLOWANCE AUTHORIZED- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- An adversely affected worker covered by a certification issued under section 231 may file an application with the Secretary for payment of a job search allowance. [<-Struck out]

      [Struck out->]

      ‘(2) APPROVAL OF APPLICATIONS- The Secretary may grant an allowance pursuant to an application filed under paragraph (1) when all of the following apply: [<-Struck out]

        [Struck out->]

        ‘(A) ASSIST ADVERSELY AFFECTED WORKER- The allowance is paid to assist an adversely affected worker who has been totally separated in securing a job within the United States. [<-Struck out]

        [Struck out->]

        ‘(B) LOCAL EMPLOYMENT NOT AVAILABLE- The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. [<-Struck out]

        [Struck out->]

        ‘(C) APPLICATION- The worker has filed an application for the allowance with the Secretary before-- [<-Struck out]

          [Struck out->]

          ‘(i) the later of-- [<-Struck out]

            [Struck out->]

            ‘(I) the 365th day after the date of the certification under which the worker is certified as eligible; or [<-Struck out]

            [Struck out->]

            ‘(II) the 365th day after the date of the worker’s last total separation; or [<-Struck out]

          [Struck out->]

          ‘(ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under section 235(c). [<-Struck out]

    [Struck out->]

    ‘(b) AMOUNT OF ALLOWANCE- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- An allowance granted under subsection (a) shall provide reimbursement to the worker of 90 percent of the cost of necessary job search expenses as prescribed by the Secretary in regulations. [<-Struck out]

        [Struck out->]

        ‘(A) MAXIMUM ALLOWANCE- Reimbursement may not exceed $1,200 for any worker. [<-Struck out]

        [Struck out->]

        ‘(B) ALLOWANCE FOR SUBSISTENCE AND TRANSPORTATION- Reimbursement may not be made for subsistence and transportation expenses at levels exceeding those allowable under section 240(e). [<-Struck out]

    [Struck out->]

    ‘(c) EXCEPTION- Notwithstanding subsection (b), the Secretary shall reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Secretary. [<-Struck out]

[Struck out->]
‘SEC. 242. RELOCATION ALLOWANCES. [<-Struck out]

    [Struck out->]

    ‘(a) RELOCATION ALLOWANCE AUTHORIZED- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Any adversely affected worker covered by a certification issued under section 231 may file an application for a relocation allowance with the Secretary, and the Secretary may grant the relocation allowance, subject to the terms and conditions of this section. [<-Struck out]

      [Struck out->]

      ‘(2) CONDITIONS FOR GRANTING ALLOWANCE- A relocation allowance may be granted if all of the following terms and conditions are met: [<-Struck out]

        [Struck out->]

        ‘(A) ASSIST AN ADVERSELY AFFECTED WORKER- The relocation allowance will assist an adversely affected worker in relocating within the United States. [<-Struck out]

        [Struck out->]

        ‘(B) LOCAL EMPLOYMENT NOT AVAILABLE- The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. [<-Struck out]

        [Struck out->]

        ‘(C) TOTAL SEPARATION- The worker is totally separated from employment at the time relocation commences. [<-Struck out]

        [Struck out->]

        ‘(D) SUITABLE EMPLOYMENT OBTAINED- The worker-- [<-Struck out]

          [Struck out->]

          ‘(i) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate; or [<-Struck out]

          [Struck out->]

          ‘(ii) has obtained a bona fide offer of such employment. [<-Struck out]

        [Struck out->]

        ‘(E) APPLICATION- The worker filed an application with the Secretary before-- [<-Struck out]

          [Struck out->]

          ‘(i) the later of-- [<-Struck out]

            [Struck out->]

            ‘(I) the 425th day after the date of the certification under section 231; or [<-Struck out]

            [Struck out->]

            ‘(II) the 425th day after the date of the worker’s last total separation; or [<-Struck out]

          [Struck out->]

          ‘(ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under section 235(c). [<-Struck out]

    [Struck out->]

    ‘(b) AMOUNT OF ALLOWANCE- The relocation allowance granted to a worker under subsection (a) includes-- [<-Struck out]

      [Struck out->]

      ‘(1) 90 percent of the reasonable and necessary expenses (including, but not limited to, subsistence and transportation expenses at levels not exceeding those allowable under section 240(e)) specified in regulations prescribed by the Secretary, incurred in transporting the worker, the worker’s family, and household effects; and [<-Struck out]

      [Struck out->]

      ‘(2) a lump sum equivalent to 3 times the worker’s average weekly wage, up to a maximum payment of $1,500. [<-Struck out]

    [Struck out->]

    ‘(c) LIMITATIONS- A relocation allowance may not be granted to a worker unless-- [<-Struck out]

      [Struck out->]

      ‘(1) the relocation occurs within 182 days after the filing of the application for relocation assistance; or [<-Struck out]

      [Struck out->]

      ‘(2) the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Secretary under section 240(a). [<-Struck out]

[Struck out->]
‘SEC. 243. SUPPORTIVE SERVICES; WAGE INSURANCE. [<-Struck out]

    [Struck out->]

    ‘(a) SUPPORTIVE SERVICES- [<-Struck out]

      [Struck out->]

      ‘(1) APPLICATION- [<-Struck out]

        [Struck out->]

        ‘(A) IN GENERAL- The State may, on behalf of any adversely affected worker or group of workers covered by a certification issued under section 231-- [<-Struck out]

          [Struck out->]

          ‘(i) file an application with the Secretary for services under section 173 of the Workforce Investment Act of 1998 (relating to National Emergency Grants); and [<-Struck out]

          [Struck out->]

          ‘(ii) provide other services under title I of the Workforce Investment Act of 1998. [<-Struck out]

        [Struck out->]

        ‘(B) SERVICES- The services available under this paragraph include transportation, child care, and dependent care that are necessary to enable a worker to participate in activities authorized under this chapter. [<-Struck out]

      [Struck out->]

      ‘(2) CONDITIONS- The Secretary may approve an application filed under paragraph (1)(A)(i) and provide supportive services to an adversely affected worker only if the Secretary determines that all of the following apply: [<-Struck out]

        [Struck out->]

        ‘(A) NECESSITY- Providing services is necessary to enable the worker to participate in or complete training. [<-Struck out]

        [Struck out->]

        ‘(B) CONSISTENT WITH WORKFORCE INVESTMENT ACT- The services are consistent with the supportive services provided to participants under the provisions relating to dislocated worker employment and training activities set forth in chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.). [<-Struck out]

    [Struck out->]

    ‘(b) WAGE INSURANCE PROGRAM- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a Wage Insurance Program under which a State shall use the funds provided to the State for trade adjustment allowances to pay to an adversely affected worker certified under section 231 a wage subsidy of up to 50 percent of the difference between the wages received by the adversely affected worker from reemployment and the wages received by the adversely affected worker at the time of separation for a period not to exceed 2 years. [<-Struck out]

      [Struck out->]

      ‘(2) AMOUNT OF PAYMENT- [<-Struck out]

        [Struck out->]

        ‘(A) WAGES UNDER $40,000- If the wages the worker receives from reemployment are less than $40,000 a year, the wage subsidy shall be 50 percent of the difference between the amount of the wages received by the worker from reemployment and the amount of the wages received by the worker at the time of separation. [<-Struck out]

        [Struck out->]

        ‘(B) WAGES BETWEEN $40,000 AND $50,000- If the wages received by the worker from reemployment are greater than $40,000 a year but less than $50,000 a year, the wage subsidy shall be 25 percent of the difference between the amount of the wages received by the worker from reemployment and the amount of the wages received by the worker at the time of separation. [<-Struck out]

      [Struck out->]

      ‘(2) ELIGIBILITY- An adversely affected worker may be eligible to receive a wage subsidy under this subsection if the worker-- [<-Struck out]

        [Struck out->]

        ‘(A) enrolls in the Wage Insurance Program; [<-Struck out]

        [Struck out->]

        ‘(B) obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment; [<-Struck out]

        [Struck out->]

        ‘(C) is at least 50 years of age; [<-Struck out]

        [Struck out->]

        ‘(D) earns not more than $50,000 a year in wages from reemployment; [<-Struck out]

        [Struck out->]

        ‘(E) is employed at least 30 hours a week in the reemployment; and [<-Struck out]

        [Struck out->]

        ‘(F) does not return to the employment from which the worker was separated. [<-Struck out]

      [Struck out->]

      ‘(3) AMOUNT OF PAYMENTS- The payments made under paragraph (1) to an adversely affected worker may not exceed $10,000 over the 2-year period. [<-Struck out]

      [Struck out->]

      ‘(4) LIMITATION ON OTHER BENEFITS- At the time a worker begins to receive a wage subsidy under this subsection the worker shall not be eligible to receive any benefits under this Act other than the wage subsidy. [<-Struck out]

    [Struck out->]

    ‘(c) STUDIES OF ASSISTANCE AVAILABLE TO ECONOMICALLY DISTRESSED WORKERS- [<-Struck out]

      [Struck out->]

      ‘(1) STUDY BY THE GENERAL ACCOUNTING OFFICE- [<-Struck out]

        [Struck out->]

        ‘(A) IN GENERAL- The Comptroller General of the United States shall conduct a study of all assistance provided by the Federal Government for workers facing job loss and economic distress. [<-Struck out]

        [Struck out->]

        ‘(B) REPORT- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the study conducted under subparagraph (A). The report shall include a description of-- [<-Struck out]

          [Struck out->]

          ‘(i) all Federal programs designed to assist workers facing job loss and economic distress, including all benefits and services; [<-Struck out]

          [Struck out->]

          ‘(ii) eligibility requirements for each of the programs; and [<-Struck out]

          [Struck out->]

          ‘(iii) procedures for applying for and receiving benefits and services under each of the programs. [<-Struck out]

        [Struck out->]

        ‘(C) DISTRIBUTION OF GAO REPORT- The report described in subparagraph (B) shall be distributed to all one-stop partners authorized under the Workforce Investment Act of 1998. [<-Struck out]

      [Struck out->]

      ‘(2) STUDIES BY THE STATES- [<-Struck out]

        [Struck out->]

        ‘(A) IN GENERAL- Each State may conduct a study of its assistance programs for workers facing job loss and economic distress. [<-Struck out]

        [Struck out->]

        ‘(B) GRANTS- The Secretary may award to each State a grant, not to exceed $100,000, to enable the State to conduct the study described in subparagraph (A). [<-Struck out]

        [Struck out->]

        ‘(C) REPORT- Not later than 1 year after the date of enactment of this Act, each State that receives a grant under subparagraph (B) shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the report described in subparagraph (A). [<-Struck out]

        [Struck out->]

        ‘(D) DISTRIBUTION OF STATE REPORTS- A report prepared by a State under this paragraph shall be distributed to the one-stop partners in the State. [<-Struck out]

[Struck out->]
‘Subchapter D--Payment and Enforcement Provisions [<-Struck out]

[Struck out->]
‘SEC. 244. PAYMENTS TO STATES. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- The Secretary, from time to time, shall certify to the Secretary of the Treasury for payment to each cooperating State, the sums necessary to enable that State as agent of the United States to make payments provided for by this chapter. [<-Struck out]

    [Struck out->]

    ‘(b) LIMITATION ON USE OF FUNDS- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- All money paid to a cooperating State under this section shall be used solely for the purposes for which it is paid. [<-Struck out]

      [Struck out->]

      ‘(2) RETURN OF FUNDS NOT SO USED- Money paid that is not used for the purpose under subsection (a) shall be returned, at the time specified in the agreement entered into under section 222, to the Secretary of the Treasury. [<-Struck out]

    [Struck out->]

    ‘(c) SURETY BOND- Any agreement under section 222 may require any officer or employee of the cooperating State certifying payments or disbursing funds under the agreement or otherwise participating in the performance of the agreement, to give a surety bond to the United States in an amount the Secretary deems necessary, and [<-Struck out]

[Struck out->] may provide for the payment of the cost of that bond from funds for carrying out the purposes of this chapter. [<-Struck out]

[Struck out->]
‘SEC. 245. LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS. [<-Struck out]

    [Struck out->]

    ‘(a) LIABILITY OF CERTIFYING OFFICIALS- No person designated by the Secretary, or designated pursuant to an agreement entered into under section 222, as a certifying officer, in the absence of gross negligence or intent to defraud the United States, shall be liable with respect to any payment certified by that person under this chapter. [<-Struck out]

    [Struck out->]

    ‘(b) LIABILITY OF DISBURSING OFFICERS- No disbursing officer, in the absence of gross negligence or intent to defraud the United States, shall be liable with respect to any payment by that officer under this chapter if the payment was based on a voucher signed by a certifying officer designated according to subsection (a). [<-Struck out]

[Struck out->]
‘SEC. 246. FRAUD AND RECOVERY OF OVERPAYMENTS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- [<-Struck out]

      [Struck out->]

      ‘(1) OVERPAYMENT- If a cooperating State, the Secretary, or a court of competent jurisdiction determines that any person has received any payment under this chapter to which the person was not entitled, including a payment referred to in subsection (b), that person shall be liable to repay that amount to the cooperating State or the Secretary, as the case may be. [<-Struck out]

      [Struck out->]

      ‘(2) EXCEPTION- The cooperating State or the Secretary may waive repayment if the cooperating State or the Secretary determines, in accordance with guidelines prescribed by the Secretary, that all of the following apply: [<-Struck out]

        [Struck out->]

        ‘(A) NO FAULT- The payment was made without fault on the part of the person. [<-Struck out]

        [Struck out->]

        ‘(B) REPAYMENT CONTRARY TO EQUITY- Requiring repayment would be contrary to equity and good conscience. [<-Struck out]

      [Struck out->]

      ‘(3) PROCEDURE FOR RECOVERY- [<-Struck out]

        [Struck out->]

        ‘(A) RECOVERY FROM OTHER ALLOWANCES AUTHORIZED- Unless an overpayment is otherwise recovered or waived under paragraph (2), the cooperating State or the Secretary shall recover the overpayment by deductions from any sums payable to that person under this chapter, under any Federal unemployment compensation law administered by the cooperating State or the Secretary, or under any other Federal law administered by the cooperating State or the Secretary that provides for the payment of assistance or an allowance with respect to unemployment. [<-Struck out]

        [Struck out->]

        ‘(B) RECOVERY FROM STATE ALLOWANCES AUTHORIZED- Notwithstanding any other provision of Federal or State law, the Secretary may require a cooperating State to recover any overpayment under this chapter by deduction from any unemployment insurance payable to that person under State law, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable. [<-Struck out]

    [Struck out->]

    ‘(b) INELIGIBILITY FOR FURTHER PAYMENTS- Any person, in addition to any other penalty provided by law, shall be ineligible for any further payments under this chapter if a cooperating State, the Secretary, or a court of competent jurisdiction determines that one of the following applies: [<-Struck out]

      [Struck out->]

      ‘(1) FALSE STATEMENT- The person knowingly made, or caused another to make, a false statement or representation of a material fact, and as a result of the false statement or representation, the person received any payment under this chapter to which the person was not entitled. [<-Struck out]

      [Struck out->]

      ‘(2) FAILURE TO DISCLOSE- The person knowingly failed, or caused another to fail, to disclose a material fact, and as a result of the nondisclosure, the person received any payment under this chapter to which the person was not entitled. [<-Struck out]

    [Struck out->]

    ‘(c) HEARING- Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a) by the cooperating State or the Secretary, as the case may be, has been made, notice of the determination and an opportunity for a fair hearing has been given to the person concerned, and the determination has become final. [<-Struck out]

    [Struck out->]

    ‘(d) RECOVERED FUNDS- Any amount recovered under this section shall be returned to the Treasury of the United States. [<-Struck out]

[Struck out->]
‘SEC. 247. CRIMINAL PENALTIES. [<-Struck out]

    [Struck out->]

    ‘Whoever 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 under this chapter or pursuant to an agreement under section 222 shall be fined not more than $1,000, imprisoned for not more than 1 year, or both. [<-Struck out]

[Struck out->]
‘SEC. 248. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->]

    ‘There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001, and ending September 30, 2006, such sums as may be necessary to carry out the purposes of this chapter. Amounts appropriated under this section shall remain available until expended. [<-Struck out]

[Struck out->]
‘SEC. 249. REGULATIONS. [<-Struck out]

    [Struck out->]

    ‘The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this chapter. [<-Struck out]

[Struck out->]
‘SEC. 250. SUBPOENA POWER. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- The Secretary may require by subpoena the attendance of witnesses and the production of evidence necessary to make a determination under the provisions of this chapter. [<-Struck out]

    [Struck out->]

    ‘(b) COURT ORDER- If a person refuses to obey a subpoena issued under subsection (a), a competent United States district court, upon petition by the Secretary, may issue an order requiring compliance with such subpoena.’. [<-Struck out]

[Struck out->] SEC. 102. 50 PERCENT REFUNDABLE TAX CREDIT TOWARD PREMIUMS FOR COBRA CONTINUATION COVERAGE. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: [<-Struck out]

[Struck out->]
‘SEC. 35. COBRA CONTINUATION COVERAGE PREMIUMS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the amount paid by the taxpayer during such year as continuation health coverage premiums. [<-Struck out]

    [Struck out->]

    ‘(b) ELIGIBLE INDIVIDUAL- For purposes of this section, the term ‘eligible individual’ means any individual who is a member of a group of workers certified as eligible to apply for adjustment assistance under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 221, et seq.). [<-Struck out]

    [Struck out->]

    ‘(c) CONTINUATION HEALTH COVERAGE PREMIUMS DEFINED- For purposes of this section, the term ‘continuation health coverage premiums’ means, for any period during which a taxpayer is an eligible individual, premiums paid for continuation coverage (as defined in section 4980B(f)) under a group health plan for such period but only if failure to offer such coverage to the taxpayer for such period would constitute a failure by such health plan to meet the requirements of section 4980B(f). [<-Struck out]

    [Struck out->]

    ‘(d) COORDINATION WITH MEDICAL EXPENSE DEDUCTION- The amount which would (but for this subsection) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year.’. [<-Struck out]

    [Struck out->] (b) CONFORMING AMENDMENTS- [<-Struck out]

      [Struck out->] (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ‘, or from section 35 of such Code’. [<-Struck out]

      [Struck out->] (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: [<-Struck out]

[Struck out->]

‘Sec. 35. COBRA continuation coverage premiums. [<-Struck out]

[Struck out->]

‘Sec. 36. Overpayments of tax.’. [<-Struck out]

    [Struck out->] (c) EFFECTIVE DATE- The amendments made by this section shall apply to taxable years beginning after December 31, 2001, for premiums for months beginning with January 2002. [<-Struck out]

[Struck out->]

TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

[<-Struck out]

[Struck out->] SEC. 201. REAUTHORIZATION OF PROGRAM. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Section 256(b) of chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended to read as follows: [<-Struck out]

    [Struck out->]

    ‘(b) There are authorized to be appropriated to the Secretary for the period beginning October 1, 2001, and ending on September 30, 2006, such sums as may be necessary to carry out the Secretary’s functions under this chapter in connection with furnishing adjustment assistance to firms. Amounts appropriated under this subsection shall remain available until expended.’. [<-Struck out]

    [Struck out->] (b) ELIGIBILITY CRITERIA- Section 251(c) of Chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341(c)(1)) is amended-- [<-Struck out]

      [Struck out->] (1) in paragraph (1), by striking subparagraphs (B) and (C) and inserting the following: [<-Struck out]

      [Struck out->]

      ‘(B) increases of imports of articles like or directly competitive with articles which are produced by such firm contributed importantly to such total or partial separation, or threat thereof, and [<-Struck out]

      [Struck out->]

      ‘(C) a shift in production by the workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by that firm or subdivision contributed importantly to the workers’ separation or threat of separation.’; and [<-Struck out]

      [Struck out->] (2) in paragraph (2), by striking ‘paragraph (1)(C)’ and inserting ‘subparagraphs (B) and (C) of paragraph (1)’. [<-Struck out]

[Struck out->]

TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

[<-Struck out]

[Struck out->] SEC. 301. PURPOSE. [<-Struck out]

    [Struck out->] The purpose of this title is to assist communities with economic adjustment through the integration of political and economic organizations, the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the provision of economic transition assistance. [<-Struck out]

[Struck out->] SEC. 302. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES. [<-Struck out]

    [Struck out->] Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is amended to read as follows: [<-Struck out]

[Struck out->]
‘CHAPTER 4--COMMUNITY ECONOMIC ADJUSTMENT [<-Struck out]

[Struck out->]
‘SEC. 271. DEFINITIONS. [<-Struck out]

    [Struck out->]

    ‘In this chapter: [<-Struck out]

      [Struck out->]

      ‘(1) CIVILIAN LABOR FORCE- The term ‘civilian labor force’ has the meaning given that term in regulations prescribed by the Secretary of Labor. [<-Struck out]

      [Struck out->]

      ‘(2) COMMUNITY- The term ‘community’ means a county or equivalent political subdivision of a State. [<-Struck out]

        [Struck out->]

        ‘(A) RURAL COMMUNITY- The term ‘rural community’ means a community that has a rural-urban continuum code of 4 through 9. [<-Struck out]

        [Struck out->]

        ‘(B) URBAN COMMUNITY- The term ‘urban community’ means a community that has a rural-urban continuum code of 0 through 3. [<-Struck out]

      [Struck out->]

      ‘(3) COMMUNITY ECONOMIC DEVELOPMENT COORDINATING COMMITTEE- The term ‘Community Economic Development Coordinating Committee’ or ‘Committee’ means a community group established under section 274 that consists of major groups significantly affected by an increase in imports or a shift in production, including local, regional, tribal, and State governments, regional councils of governments and economic development, and business, labor, education, health, religious, and other community-based organizations. [<-Struck out]

      [Struck out->]

      ‘(4) DIRECTOR- The term ‘Director’ means the Director of the Office of Community Economic Adjustment. [<-Struck out]

      [Struck out->]

      ‘(5) ELIGIBLE COMMUNITY- The term ‘eligible community’ means a community certified under section 273 as eligible for assistance under this chapter. [<-Struck out]

      [Struck out->]

      ‘(6) JOB LOSS- The term ‘job loss’ means the total or partial separation of an individual, as those terms are defined in section 221. [<-Struck out]

      [Struck out->]

      ‘(7) OFFICE- The term ‘Office’ means the Office of Community Economic Adjustment established under section 272. [<-Struck out]

      [Struck out->]

      ‘(8) RURAL-URBAN CONTINUUM CODE- The term ‘rural-urban continuum code’ means a code assigned to a community according to the rural-urban continuum code system, as defined by the Economic Research Service of the Department of Agriculture. [<-Struck out]

      [Struck out->]

      ‘(9) SECRETARY- The term ‘Secretary’ means the Secretary of Commerce. [<-Struck out]

[Struck out->]
‘SEC. 272. OFFICE OF COMMUNITY ECONOMIC ADJUSTMENT. [<-Struck out]

    [Struck out->]

    ‘(a) ESTABLISHMENT- There is established an Office of Community Economic Adjustment in the Office of the Secretary of Commerce. [<-Struck out]

    [Struck out->]

    ‘(b) PERSONNEL- The Office shall be headed by a Director, and such staff as may be necessary to carry out the responsibilities described in this chapter. [<-Struck out]

    [Struck out->]

    ‘(c) COORDINATION OF FEDERAL RESPONSE- The Office shall-- [<-Struck out]

      [Struck out->]

      ‘(1) provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible communities; [<-Struck out]

      [Struck out->]

      ‘(2) establish an easily accessible, one-stop clearinghouse for States and eligible communities to obtain information regarding economic development assistance available under Federal law; [<-Struck out]

      [Struck out->]

      ‘(3) coordinate the Federal response to an eligible community-- [<-Struck out]

        [Struck out->]

        ‘(A) by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress; [<-Struck out]

        [Struck out->]

        ‘(B) by ensuring that all Federal agencies offering assistance to an eligible community do so in a targeted, integrated manner that ensures that an eligible community has access to all available Federal assistance; [<-Struck out]

        [Struck out->]

        ‘(C) by assuring timely consultation and cooperation between Federal, State, and regional officials concerning community economic adjustment; [<-Struck out]

        [Struck out->]

        ‘(D) by identifying and strengthening existing agency mechanisms designed to assist communities in economic adjustment and workforce reemployment; [<-Struck out]

        [Struck out->]

        ‘(E) by applying consistent policies, practices, and procedures in the administration of Federal programs that are used to assist communities adversely impacted by an increase in imports or a shift in production; [<-Struck out]

        [Struck out->]

        ‘(F) by creating, maintaining, and using a uniform economic database to analyze community adjustment activities; and [<-Struck out]

        [Struck out->]

        ‘(G) by assigning a community economic adjustment advisor to work with each eligible community; [<-Struck out]

      [Struck out->]

      ‘(4) provide comprehensive technical assistance to any eligible community in the efforts of that community to-- [<-Struck out]

        [Struck out->]

        ‘(A) identify serious economic problems in the community that result from an increase in imports or shift in production; [<-Struck out]

        [Struck out->]

        ‘(B) integrate the major groups and organizations significantly affected by the economic adjustment; [<-Struck out]

        [Struck out->]

        ‘(C) organize a Community Economic Development Coordinating Committee; [<-Struck out]

        [Struck out->]

        ‘(D) access Federal, State, and local resources designed to assist in economic development and trade adjustment assistance; [<-Struck out]

        [Struck out->]

        ‘(E) diversify and strengthen the community economy; and [<-Struck out]

        [Struck out->]

        ‘(F) develop a community-based strategic plan to address workforce dislocation and economic development; [<-Struck out]

      [Struck out->]

      ‘(5) establish specific criteria for submission and evaluation of a strategic plan submitted under section 276(d); [<-Struck out]

      [Struck out->]

      ‘(6) administer the grant programs established under sections 276 and 277; and [<-Struck out]

      [Struck out->]

      ‘(7) establish an interagency Trade Adjustment Assistance Working Group, consisting of the representatives of any Federal department or agency with responsibility for economic adjustment assistance, including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the Department of Commerce, the Office of the United [<-Struck out]

[Struck out->] States Trade Representative, and the National Economic Council. [<-Struck out]

[Struck out->]
‘SEC. 273. NOTIFICATION AND CERTIFICATION AS AN ELIGIBLE COMMUNITY. [<-Struck out]

    [Struck out->]

    ‘(a) NOTIFICATION- The Secretary of Labor, not later than 15 days after making a determination that a group of workers is eligible for trade adjustment assistance under section 231, shall notify the Governor of the State in which the community in which the worker’s firm is located and the Director, of the Secretary’s determination. [<-Struck out]

    [Struck out->]

    ‘(b) CERTIFICATION- Not later than 30 days after notification by the Secretary of Labor described in subsection (a), the Director shall certify as eligible for assistance under this chapter a community in which 1 of the following conditions apply: [<-Struck out]

      [Struck out->]

      ‘(1) NUMBER OF JOB LOSSES- The Director shall certify that a community is eligible for assistance under this chapter if-- [<-Struck out]

        [Struck out->]

        ‘(A) in an urban community, at least 500 workers have been certified for assistance under section 231 in the most recent 36-month period preceding the date of certification under this section for which data are available; or [<-Struck out]

        [Struck out->]

        ‘(B) in a rural community, at least 300 workers have been certified for assistance under section 231 in the most recent 36-month period preceding the date of certification under this section for which data are available. [<-Struck out]

      [Struck out->]

      ‘(2) PERCENT OF WORKFORCE UNEMPLOYED- The Director shall certify that a community is eligible for assistance under this chapter if the unemployment rate for the community is at least 1 percent greater than the national unemployment rate for the most recent 12-month period for which data are available. [<-Struck out]

    [Struck out->]

    ‘(c) NOTIFICATION TO ELIGIBLE COMMUNITIES- Not later than 15 days after the Director certifies a community as eligible under subsection (b), the Director shall notify the community-- [<-Struck out]

      [Struck out->]

      ‘(1) of its determination under subsection (b); [<-Struck out]

      [Struck out->]

      ‘(2) of the provisions of this chapter; [<-Struck out]

      [Struck out->]

      ‘(3) how to access the clearinghouse established under section 272(c)(2); and [<-Struck out]

      [Struck out->]

      ‘(4) how to obtain technical assistance provided under section 272(c)(4). [<-Struck out]

[Struck out->]
‘SEC. 274. COMMUNITY ECONOMIC DEVELOPMENT COORDINATING COMMITTEE. [<-Struck out]

    [Struck out->]

    ‘(a) ESTABLISHMENT- In order to receive benefits under this chapter, an eligible community shall establish a Community Economic Development Coordinating Committee. [<-Struck out]

    [Struck out->]

    ‘(b) COMPOSITION OF THE COMMITTEE- [<-Struck out]

      [Struck out->]

      ‘(1) LOCAL PARTICIPATION- The Community Economic Development Coordinating Committee established by an eligible community under subsection (a) shall include representatives of those groups significantly affected by economic dislocation, such as local, regional, tribal, and State governments, regional councils of governments and economic development, business, labor, education, health organizations, religious, and other community-based groups providing assistance to workers, their families, and communities. [<-Struck out]

      [Struck out->]

      ‘(2) FEDERAL PARTICIPATION- Pursuant to section 275(b)(3), the community economic adjustment advisor, assigned by the Director to assist an eligible community, shall serve as an ex officio member of the Community Economic Development Coordinating Committee, and shall arrange for participation by representatives of other Federal agencies on that Committee as necessary. [<-Struck out]

      [Struck out->]

      ‘(3) EXISTING ORGANIZATION- An eligible community may designate an existing organization in that community as the Community Economic Development Coordinating Committee if that organization meets the requirements of paragraph (1) for the purposes of this chapter. [<-Struck out]

    [Struck out->]

    ‘(c) DUTIES- The Community Economic Development Coordinating Committee shall-- [<-Struck out]

      [Struck out->]

      ‘(1) ascertain the severity of the community economic adjustment required as a result of the increase in imports or shift in production; [<-Struck out]

      [Struck out->]

      ‘(2) assess the capacity of the community to respond to the required economic adjustment and the needs of the community as it undertakes economic adjustment, taking into consideration such factors as the number of jobs lost, the size of the community, the diversity of industries, the skills of the labor force, the condition of the current labor market, the availability of financial resources, the quality and availability of educational facilities, and the existence of a basic and advanced infrastructure in the community; [<-Struck out]

      [Struck out->]

      ‘(3) facilitate a dialogue between concerned interests in the community, represent the impacted community, and ensure all interests in the community work collaboratively toward collective goals without duplication of effort or resources; [<-Struck out]

      [Struck out->]

      ‘(4) oversee the development of a strategic plan for community economic development, taking into consideration the factors mentioned under paragraph (2), and consistent with the criteria established by the Secretary for the strategic plan developed under section 276; [<-Struck out]

      [Struck out->]

      ‘(5) create an executive council with an equitable representation of community interests to promote the strategic plan within the community and ensure coordination and cooperation among all stakeholders; and [<-Struck out]

      [Struck out->]

      ‘(6) apply for any grant, loan, or loan guarantee available under Federal law to develop or implement the strategic plan, and be an eligible recipient for funding for economic adjustment for that community. [<-Struck out]

[Struck out->]
‘SEC. 275. COMMUNITY ECONOMIC ADJUSTMENT ADVISORS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- Pursuant to section 272(c)(3)(G), the Director shall assign a community economic adjustment advisor to each eligible community. [<-Struck out]

    [Struck out->]

    ‘(b) DUTIES- The community economic adjustment advisor shall-- [<-Struck out]

      [Struck out->]

      ‘(1) provide technical assistance to the eligible community, assist in the development and implementation of a strategic plan, including applying for any grant available under this or any other Federal law to develop or implement that plan; [<-Struck out]

      [Struck out->]

      ‘(2) at the local and regional level, coordinate the response of all Federal agencies offering assistance to the eligible community; [<-Struck out]

      [Struck out->]

      ‘(3) serve as an ex officio member of the Community Economic Development Coordinating Committee established by an eligible community under section 274; [<-Struck out]

      [Struck out->]

      ‘(4) act as liaison between the Community Economic Development Coordinating Committee established by the eligible community and all other Federal agencies that offer assistance to eligible communities, including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the National Economic Council, and other offices or agencies of the Department of Commerce; [<-Struck out]

      [Struck out->]

      ‘(5) report regularly to the Director regarding the progress of development activities in the community to which the community economic adjustment advisor is assigned; and [<-Struck out]

      [Struck out->]

      ‘(6) perform other duties as directed by the Secretary or the Director. [<-Struck out]

[Struck out->]
‘SEC. 276. STRATEGIC PLANS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- With the assistance of the community economic adjustment advisor, an eligible community may develop a strategic plan for community economic adjustment and diversification. [<-Struck out]

    [Struck out->]

    ‘(b) REQUIREMENTS FOR STRATEGIC PLAN- A strategic plan shall contain, at a minimum, the following: [<-Struck out]

      [Struck out->]

      ‘(1) A description and justification of the capacity for economic adjustment, including the method of financing to be used, the anticipated management structure of the Community Economic Development Coordinating Committee, and the commitment of the community to the strategic plan over the long term. [<-Struck out]

      [Struck out->]

      ‘(2) A description of, and a plan to accomplish, the projects to be undertaken by the eligible community. [<-Struck out]

      [Struck out->]

      ‘(3) A description of how the plan and the projects to be undertaken by the eligible community will lead to job creation and job retention in the community. [<-Struck out]

      [Struck out->]

      ‘(4) A description of any alternative development plans that were considered, particularly less costly alternatives, and why those plans were rejected in favor of the proposed plan. [<-Struck out]

      [Struck out->]

      ‘(5) A description of any additional steps the eligible community will take to achieve economic adjustment and diversification. [<-Struck out]

      [Struck out->]

      ‘(6) A description and justification for the cost and timing of proposed basic and advanced infrastructure improvements in the eligible community. [<-Struck out]

      [Struck out->]

      ‘(7) A description of the occupational and workforce conditions in the eligible community, including but not limited to existing levels of workforce skills and competencies, and educational programs available for workforce training and future employment needs. [<-Struck out]

      [Struck out->]

      ‘(8) A description of how the plan will adapt to changing markets, business cycles, and other variables. [<-Struck out]

      [Struck out->]

      ‘(9) A graduation strategy through which the eligible community demonstrates that the community will terminate the need for Federal assistance. [<-Struck out]

    [Struck out->]

    ‘(c) GRANTS TO DEVELOP STRATEGIC PLANS- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- The Director, upon receipt of an application from a Community Economic Development Coordinating Committee on behalf of an eligible community, shall award a grant to that community to be used to develop the strategic plan. [<-Struck out]

      [Struck out->]

      ‘(2) AMOUNT- The amount of a grant made under paragraph (1) shall be determined by the Secretary, but may not exceed $100,000. [<-Struck out]

      [Struck out->]

      ‘(3) LIMIT- Each community can only receive 1 grant for the purpose of developing a strategic plan in any 5-year period. [<-Struck out]

    [Struck out->]

    ‘(d) SUBMISSION OF PLAN- The strategic plan created under subsection (a) shall be submitted to the Director for evaluation and approval. [<-Struck out]

[Struck out->]
‘SEC. 277. GRANTS FOR ECONOMIC DEVELOPMENT. [<-Struck out]

    [Struck out->]

    ‘The Director, upon receipt of an application from the Community Economic Development Coordinating Committee on behalf of an eligible community, may award a grant to that community to carry out any project or program included in the strategic plan approved under section 276(d) that-- [<-Struck out]

      [Struck out->]

      ‘(1) will be located in, or will create or preserve jobs, in that eligible community; and [<-Struck out]

      [Struck out->]

      ‘(2) implements the strategy of that eligible community to create jobs in sectors that are expected to expand, including projects that-- [<-Struck out]

        [Struck out->]

        ‘(A) encourage industries to locate in that eligible community; [<-Struck out]

        [Struck out->]

        ‘(B) leverage resources to create or improve Internet or telecommunications capabilities to make the community more attractive for business; [<-Struck out]

        [Struck out->]

        ‘(C) establish a funding pool for job creation through entrepreneurial activities; [<-Struck out]

        [Struck out->]

        ‘(D) assist existing firms in that community to restructure or retool to become more competitive in world markets and prevent job loss; or [<-Struck out]

        [Struck out->]

        ‘(E) assist the community in acquiring the resources necessary to meet the objectives set out in the strategic plan. [<-Struck out]

[Struck out->]
‘SEC. 278. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->]

    ‘There are authorized to be appropriated to the Department of Commerce, for the period beginning October 1, 2001, and ending September 30, 2006, such sums as may be necessary to carry out the purposes of this chapter. [<-Struck out]

[Struck out->]
‘SEC. 279. GENERAL PROVISIONS. [<-Struck out]

    [Struck out->]

    ‘(a) REPORT BY THE DIRECTOR- Not later than 6 months after the date of enactment of this Act and annually thereafter, the Director shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report regarding the programs established under this title. [<-Struck out]

    [Struck out->]

    ‘(b) REGULATIONS- The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this chapter.’. [<-Struck out]

    [Struck out->]

    ‘(c) SUPPLEMENT NOT SUPPLANT- Funds appropriated under this chapter shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities.’. [<-Struck out]

[Struck out->]

TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

[<-Struck out]

[Struck out->] SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS. [<-Struck out]

    [Struck out->] Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) is amended by adding at the end the following new chapter: [<-Struck out]

[Struck out->]
‘CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS [<-Struck out]

[Struck out->]
‘SEC. 291. DEFINITIONS. [<-Struck out]

    [Struck out->]

    ‘In this chapter: [<-Struck out]

      [Struck out->]

      ‘(1) AGRICULTURAL COMMODITY- The term ‘agricultural commodity’ means any agricultural commodity (including livestock, fish, or harvested seafood) in its raw or natural state. [<-Struck out]

      [Struck out->]

      ‘(2) AGRICULTURAL COMMODITY PRODUCER- The term ‘agricultural commodity producer’ means any person who is engaged in the production and sale of an agricultural commodity in the United States and who owns or shares the ownership and risk of loss of the agricultural commodity. [<-Struck out]

      [Struck out->]

      ‘(3) CONTRIBUTED IMPORTANTLY- [<-Struck out]

        [Struck out->]

        ‘(A) IN GENERAL- The term ‘contributed importantly’ means a cause which is important but not necessarily more important than any other cause. [<-Struck out]

        [Struck out->]

        ‘(B) DETERMINATION OF CONTRIBUTED IMPORTANTLY- The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which the petition under this chapter was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary of Agriculture. [<-Struck out]

      [Struck out->]

      ‘(4) DULY AUTHORIZED REPRESENTATIVE- The term ‘duly authorized representative’ means an association of agricultural commodity producers. [<-Struck out]

      [Struck out->]

      ‘(5) NATIONAL AVERAGE PRICE- The term ‘national average price’ means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary of Agriculture. [<-Struck out]

      [Struck out->]

      ‘(6) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture. [<-Struck out]

[Struck out->]
‘SEC. 292. PETITIONS; GROUP ELIGIBILITY. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation. [<-Struck out]

    [Struck out->]

    ‘(b) HEARINGS- If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. [<-Struck out]

    [Struck out->]

    ‘(c) GROUP ELIGIBILITY REQUIREMENTS- The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this chapter if the Secretary determines-- [<-Struck out]

      [Struck out->]

      ‘(1) that the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; and [<-Struck out]

      [Struck out->]

      ‘(2) that increases in 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 described in paragraph (1). [<-Struck out]

    [Struck out->]

    ‘(d) SPECIAL RULE FOR QUALIFIED SUBSEQUENT YEARS- A group of agricultural commodity producers certified as eligible under section 293 shall be eligible to apply for assistance under this chapter in any qualified [<-Struck out]

[Struck out->] year after the year the group is first certified, if the Secretary determines that-- [<-Struck out]

      [Struck out->]

      ‘(1) the national average price for the agricultural commodity, or class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is equal to or less than the price determined under subsection (c)(1); and [<-Struck out]

      [Struck out->]

      ‘(2) the requirements of subsection (c)(2) are met. [<-Struck out]

    [Struck out->]

    ‘(e) DETERMINATION OF QUALIFIED YEAR AND COMMODITY- In this chapter: [<-Struck out]

      [Struck out->]

      ‘(1) QUALIFIED YEAR- The term ‘qualified year’, with respect to a group of agricultural commodity producers certified as eligible under section 293, means each consecutive year after the year in which the group is certified that the Secretary makes the determination under subsection (c) or (d), as the case may be. [<-Struck out]

      [Struck out->]

      ‘(2) CLASSES OF GOODS WITHIN A COMMODITY- In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and section 296. [<-Struck out]

[Struck out->]
‘SEC. 293. DETERMINATIONS BY SECRETARY OF AGRICULTURE. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- As soon as practicable after the date on which a petition is filed under section 292, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 292 (c) or (d), as the case may be and shall, if the group meets the requirements, issue a certification of eligibility to apply for assistance under this chapter covering agricultural commodity producers in any group that meet the requirements. Each certification shall specify the date on which eligibility under this chapter begins. [<-Struck out]

    [Struck out->]

    ‘(b) NOTICE- Upon making 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 the determination. [<-Struck out]

    [Struck out->]

    ‘(c) TERMINATION OF CERTIFICATION- Whenever the Secretary determines, with respect to any certification of eligibility under this chapter, that the decline in price for the agricultural commodity covered by the certification is no longer attributable to the conditions described in section 292, the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register, together with the Secretary’s reasons for making such determination. [<-Struck out]

[Struck out->]
‘SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- Whenever the International Trade Commission (in this chapter referred to as the ‘Commission’) begins an investigation under section 202 with respect to an agricultural commodity, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall immediately conduct a study of-- [<-Struck out]

      [Struck out->]

      ‘(1) the number of agricultural commodity producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this chapter, and [<-Struck out]

      [Struck out->]

      ‘(2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs. [<-Struck out]

    [Struck out->]

    ‘(b) REPORT- Not later than 15 days after the day on which the Commission makes its report under section 202(f), the Secretary shall submit a report to the President setting forth the findings of the study under subsection (a). Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register. [<-Struck out]

[Struck out->]
‘SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- The Secretary shall provide full information to producers about the benefit allowances, training, and other employment services available under this title and about the petition and application procedures, and the appropriate filing dates, for such allowances, training, and services. The Secretary shall provide whatever assistance is necessary to enable groups to prepare petitions or applications for program benefits under this title. [<-Struck out]

    [Struck out->]

    ‘(b) NOTICE OF BENEFITS- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- The Secretary shall mail written notice of the benefits available under this chapter to each agricultural commodity producer that the Secretary has reason to believe is covered by a certification made under this chapter. [<-Struck out]

      [Struck out->]

      ‘(2) OTHER NOTICE- The Secretary shall publish notice of the benefits available under this chapter to agricultural commodity producers that are covered by each certification made under this chapter in newspapers of general circulation in the areas in which such producers reside. [<-Struck out]

      [Struck out->]

      ‘(3) OTHER FEDERAL ASSISTANCE- The Secretary shall also provide information concerning procedures for applying for and receiving all other Federal assistance and services available to workers facing economic distress. [<-Struck out]

[Struck out->]
‘SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY PRODUCERS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- Payment of a trade adjustment allowance shall be made to an adversely affected agricultural commodity producer covered by a certification under this chapter who files an application for such allowance within 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under section 293, if the following conditions are met: [<-Struck out]

      [Struck out->]

      ‘(1) The producer submits to the Secretary sufficient information to establish the amount of agricultural commodity covered by the application filed under subsection (a) that was produced by the producer in the most recent year. [<-Struck out]

      [Struck out->]

      ‘(2) The producer certifies that the producer has not received cash benefits under any provision of this title other than this chapter. [<-Struck out]

      [Struck out->]

      ‘(3) The producer’s net farm income (as determined by the Secretary) for the most recent year is less than the producer’s net farm income for the latest year in which no adjustment assistance was received by the producer under this chapter. [<-Struck out]

      [Struck out->]

      ‘(4) The producer certifies that the producer has met with an Extension Service employee or agent to obtain, at no cost to the producer, information and technical assistance that will assist the producer in adjusting to import competition with respect to the adversely affected agricultural commodity, including-- [<-Struck out]

        [Struck out->]

        ‘(A) information regarding the feasibility and desirability of substituting 1 or more alternative commodities for the adversely affected agricultural commodity; and [<-Struck out]

        [Struck out->]

        ‘(B) technical assistance that will improve the competitiveness of the production and marketing of the adversely affected agricultural commodity by the producer, including yield and marketing improvements. [<-Struck out]

    [Struck out->]

    ‘(b) AMOUNT OF CASH BENEFITS- [<-Struck out]

      [Struck out->]

      ‘(1) 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 in an amount equal to the product of-- [<-Struck out]

        [Struck out->]

        ‘(A) one-half of the difference between-- [<-Struck out]

          [Struck out->]

          ‘(i) 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 [<-Struck out]

          [Struck out->]

          ‘(ii) the national average price of the agricultural commodity for the most recent marketing year, and [<-Struck out]

        [Struck out->]

        ‘(B) the amount of the agricultural commodity produced by the agricultural commodity producer in the most recent marketing year. [<-Struck out]

      [Struck out->]

      ‘(2) SPECIAL RULE FOR SUBSEQUENT QUALIFIED YEARS- The amount of cash benefits for a qualified year shall be determined in the same manner as cash benefits are determined under paragraph (1) except that the average national price of the agricultural commodity shall be determined under paragraph (1)(A)(i) by using the 5-marketing-year period used to determine the amount of cash benefits for the first certification. [<-Struck out]

    [Struck out->]

    ‘(c) MAXIMUM AMOUNT OF CASH ASSISTANCE- The maximum amount of cash benefits an agricultural commodity producer may receive in any 12-month period shall not exceed $10,000. [<-Struck out]

    [Struck out->]

    ‘(d) LIMITATIONS ON OTHER ASSISTANCE- An agricultural commodity producer entitled to receive a cash benefit under this chapter-- [<-Struck out]

      [Struck out->]

      ‘(1) shall not be eligible for any other cash benefit under this title, and [<-Struck out]

      [Struck out->]

      ‘(2) shall be entitled to employment services and training benefits under part III of subchapter C of chapter 2. [<-Struck out]

[Struck out->]
‘SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- [<-Struck out]

      [Struck out->]

      ‘(1) REPAYMENT- If the Secretary, or a court of competent jurisdiction, determines that any person has received any payment under this chapter to which the person was not entitled, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that-- [<-Struck out]

        [Struck out->]

        ‘(A) the payment was made without fault on the part of such person; and [<-Struck out]

        [Struck out->]

        ‘(B) requiring such repayment would be contrary to equity and good conscience. [<-Struck out]

      [Struck out->]

      ‘(2) RECOVERY OF OVERPAYMENT- Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this chapter. [<-Struck out]

    [Struck out->]

    ‘(b) FALSE STATEMENTS- If the Secretary, or a court of competent jurisdiction, determines that a person-- [<-Struck out]

      [Struck out->]

      ‘(1) knowingly has made, or caused another to make, a false statement or representation of a material fact, or [<-Struck out]

      [Struck out->]

      ‘(2) knowingly has failed, or caused another to fail, to disclose a material fact, [<-Struck out]

    [Struck out->] and, as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this chapter to which the person was not entitled, such person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this chapter. [<-Struck out]

    [Struck out->]

    ‘(c) NOTICE AND DETERMINATION- Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determination has become final. [<-Struck out]

    [Struck out->]

    ‘(d) PAYMENT TO TREASURY- Any amount recovered under this section shall be returned to the Treasury of the United States. [<-Struck out]

    [Struck out->]

    ‘(e) PENALTIES- Whoever 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 himself or for any other person any payment authorized to be furnished under this chapter shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both. [<-Struck out]

[Struck out->]
‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- There are authorized to be appropriated and there are appropriated to the Department of Agriculture not to exceed $100,000,000 for each of the fiscal years 2002 through 2006 to carry out the purposes of this chapter. [<-Struck out]

    [Struck out->]

    ‘(b) PROPORTIONATE REDUCTION- If in any year, the amount appropriated under this chapter is insufficient to meet the requirements for adjustment assistance payable under this chapter, the amount of assistance payable under this chapter shall be reduced proportionately.’. [<-Struck out]

[Struck out->]

TITLE V--CONFORMING AMENDMENTS AND EFFECTIVE DATE

[<-Struck out]

[Struck out->] SEC. 501. CONFORMING AMENDMENTS. [<-Struck out]

    [Struck out->] (a) AMENDMENTS TO THE TRADE ACT OF 1974- [<-Struck out]

      [Struck out->] (1) ASSISTANCE TO INDUSTRIES- Section 265 of the Trade Act of 1974 (19 U.S.C. 2355) is amended by striking ‘certified as eligible to apply for adjustment assistance under sections 231 or 251’, and inserting ‘certified as eligible for trade adjustment assistance benefits under section 231, or as eligible to apply for adjustment assistance under section 251’. [<-Struck out]

      [Struck out->] (2) GENERAL ACCOUNTING OFFICE REPORT- Section 280(a) of the Trade Act of 1974 is amended by striking ‘January 31, 1980’ and inserting ‘January 31, 2004’. [<-Struck out]

      [Struck out->] (3) JUDICIAL REVIEW- Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended by striking ‘under section 223 or section 250(c)’ and all that follows through ‘the Secretary of Commerce under section 271’ and inserting ‘under section 231, a firm or its representative, or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 251 or a farmer aggrieved by a determination of the Secretary of Agriculture under section 292, or a community or any other interested domestic party aggrieved by a final determination of the Director of the Office of Community Economic Adjustment under section 273’. [<-Struck out]

      [Struck out->] (4) TERMINATION- Section 285 of the Trade Act of 1974 is amended to read as follows: [<-Struck out]

[Struck out->]
‘SEC. 285. TERMINATION. [<-Struck out]

    [Struck out->]

    ‘(a) ASSISTANCE FOR WORKERS- [<-Struck out]

      [Struck out->]

      ‘(1) IN GENERAL- Except as provided in paragraph (2), trade adjustment assistance, vouchers, allowances, and other payments or benefits may not be provided under chapter 2 after September 30, 2006. [<-Struck out]

      [Struck out->]

      ‘(2) EXCEPTION- Notwithstanding subsection (a)(1), a worker shall continue to receive trade adjustment assistance benefits and other benefits under chapter 2 for any week for which the worker meets the eligibility requirements of that chapter, if on or before September 30, 2006, the worker is-- [<-Struck out]

        [Struck out->]

        ‘(A) certified as eligible for trade adjustment assistance benefits under section 231; and [<-Struck out]

        [Struck out->]

        ‘(B) is otherwise eligible to receive trade adjustment assistance benefits under chapter 2. [<-Struck out]

    [Struck out->]

    ‘(b) OTHER ASSISTANCE- [<-Struck out]

      [Struck out->]

      ‘(1) ASSISTANCE FOR FIRMS- Technical assistance may not be provided under chapter 3 after September 30, 2006. [<-Struck out]

      [Struck out->]

      ‘(2) ASSISTANCE FOR COMMUNITIES- Technical assistance and other payments may not be provided under chapter 4 after September 30, 2006.’. [<-Struck out]

      [Struck out->] (5) TABLE OF CONTENTS- [<-Struck out]

        [Struck out->] (A) IN GENERAL- The table of contents for chapters 2, 3, and 4 of title II of the Trade Act of 1974 is amended to read as follows: [<-Struck out]

[Struck out->]
‘Chapter 2--Adjustment Assistance for Workers [<-Struck out]

[Struck out->]
‘SUBCHAPTER A--GENERAL PROVISIONS [<-Struck out]

[Struck out->]

‘Sec. 221. Definitions.

[<-Struck out]

[Struck out->]

‘Sec. 222. Agreements with States.

[<-Struck out]

[Struck out->]

‘Sec. 223. Administration absent State agreement.

[<-Struck out]

[Struck out->]

‘Sec. 224. Data collection; evaluations; reports.

[<-Struck out]

[Struck out->]

‘Sec. 225. Study by Secretary of Labor when International Trade Commission begins investigation.

[<-Struck out]

[Struck out->]
‘SUBCHAPTER B--CERTIFICATIONS [<-Struck out]

[Struck out->]

‘Sec. 231. Certification as adversely affected workers.

[<-Struck out]

[Struck out->]

‘Sec. 232. Benefit information to workers.

[<-Struck out]

[Struck out->]
‘SUBCHAPTER C--PROGRAM BENEFITS [<-Struck out]

[Struck out->]
‘Part I--General Provisions [<-Struck out]

[Struck out->]

‘Sec. 234. Comprehensive assistance.

[<-Struck out]

[Struck out->]
‘Part II--Trade Adjustment Allowances [<-Struck out]

[Struck out->]

‘Sec. 235. Qualifying requirements for workers.

[<-Struck out]

[Struck out->]

‘Sec. 236. Weekly amounts.

[<-Struck out]

[Struck out->]

‘Sec. 237. Limitations on trade adjustment allowances.

[<-Struck out]

[Struck out->]

‘Sec. 238. Application of State laws.

[<-Struck out]

[Struck out->]
‘Part III--Employment Services, Training, and Other Allowances [<-Struck out]

[Struck out->]

‘Sec. 239. Employment services.

[<-Struck out]

[Struck out->]

‘Sec. 240. Training.

[<-Struck out]

[Struck out->]

‘Sec. 241. Job search allowances.

[<-Struck out]

[Struck out->]

‘Sec. 242. Relocation allowances.

[<-Struck out]

[Struck out->]

‘Sec. 243. Supportive services.

[<-Struck out]

[Struck out->]
‘SUBCHAPTER D--PAYMENT AND ENFORCEMENT PROVISIONS [<-Struck out]

[Struck out->]

‘Sec. 244. Payments to States.

[<-Struck out]

[Struck out->]

‘Sec. 245. Liabilities of certifying and disbursing officers.

[<-Struck out]

[Struck out->]

‘Sec. 246. Fraud and recovery of overpayments.

[<-Struck out]

[Struck out->]

‘Sec. 247. Criminal penalties.

[<-Struck out]

[Struck out->]

‘Sec. 248. Authorization of appropriations.

[<-Struck out]

[Struck out->]

‘Sec. 249. Regulations.

[<-Struck out]

[Struck out->]

‘Sec. 250. Subpoena power.

[<-Struck out]

[Struck out->]
‘Chapter 3--Trade Adjustment Assistance for Firms [<-Struck out]

[Struck out->]

‘Sec. 251. Petitions and determinations.

[<-Struck out]

[Struck out->]

‘Sec. 252. Approval of adjustment proposals.

[<-Struck out]

[Struck out->]

‘Sec. 253. Technical assistance.

[<-Struck out]

[Struck out->]

‘Sec. 254. Financial assistance.

[<-Struck out]

[Struck out->]

‘Sec. 255. Conditions for financial assistance.

[<-Struck out]

[Struck out->]

‘Sec. 256. Delegation of functions to Small Business Administration; authorization of appropriations.

[<-Struck out]

[Struck out->]

‘Sec. 257. Administration of financial assistance.

[<-Struck out]

[Struck out->]

‘Sec. 258. Protective provisions.

[<-Struck out]

[Struck out->]

‘Sec. 259. Penalties.

[<-Struck out]

[Struck out->]

‘Sec. 260. Suits.

[<-Struck out]

[Struck out->]

‘Sec. 261. Definition of firm.

[<-Struck out]

[Struck out->]

‘Sec. 262. Regulations.

[<-Struck out]

[Struck out->]

‘Sec. 264. Study by Secretary of Commerce when International Trade Commission begins investigation; action where there is affirmative finding.

[<-Struck out]

[Struck out->]

‘Sec. 265. Assistance to industries.

[<-Struck out]

[Struck out->]
‘Chapter 4--Community Economic Adjustment [<-Struck out]

[Struck out->]

‘Sec. 271. Definitions.

[<-Struck out]

[Struck out->]

‘Sec. 272. Office of Community Economic Adjustment.

[<-Struck out]

[Struck out->]

‘Sec. 273. Notification and certification as an eligible community.

[<-Struck out]

[Struck out->]

‘Sec. 274. Community Economic Development Coordinating Committee.

[<-Struck out]

[Struck out->]

‘Sec. 275. Community economic adjustment advisors.

[<-Struck out]

[Struck out->]

‘Sec. 276. Strategic plans.

[<-Struck out]

[Struck out->]

‘Sec. 277. Grants for economic development.

[<-Struck out]

[Struck out->]

‘Sec. 278. Authorization of appropriations.

[<-Struck out]

[Struck out->]

‘Sec. 279. General Provisions.’.

[<-Struck out]

        [Struck out->] (B) CHAPTER 6- The table of contents for title II of the Trade Act of 1974, as amended by subparagraph (A), is amended by inserting after the items relating to chapter 5 the following: [<-Struck out]

[Struck out->]
‘Chapter 6--Adjustment Assistance for Farmers [<-Struck out]

      [Struck out->]

      ‘Sec. 291. Definitions. [<-Struck out]

      [Struck out->]

      ‘Sec. 292. Petitions; group eligibility. [<-Struck out]

      [Struck out->]

      ‘Sec. 293. Determinations by Secretary. [<-Struck out]

      [Struck out->]

      ‘Sec. 294. Study by Secretary when International Trade Commission begins investigation. [<-Struck out]

      [Struck out->]

      ‘Sec. 295. Benefit information to agricultural commodity producers. [<-Struck out]

      [Struck out->]

      ‘Sec. 296. Qualifying requirements for agricultural commodity producers. [<-Struck out]

      [Struck out->]

      ‘Sec. 297. Fraud and recovery of overpayments. [<-Struck out]

      [Struck out->]

      ‘Sec. 298. Authorization of appropriations.’. [<-Struck out]

    [Struck out->] (b) INTERNAL REVENUE CODE- [<-Struck out]

      [Struck out->] (1) ADJUSTED GROSS INCOME- Section 62(a)(12) of the Internal Revenue Code of 1986 (relating to the definition of adjusted gross income) is amended by striking ‘trade readjustment allowances under section 231 or 232’ and inserting ‘trade adjustment allowances under section 235 or 236’. [<-Struck out]

      [Struck out->] (2) FEDERAL UNEMPLOYMENT- [<-Struck out]

        [Struck out->] (A) IN GENERAL- Section 3304(a)(8) of the Internal Revenue Code of 1986 (relating to the approval of State unemployment insurance laws) is amended to read as follows: [<-Struck out]

      [Struck out->]

      ‘(8) compensation shall not be denied to an individual for any week because the individual is in training with the approval of the State agency, or in training approved by the Secretary of Labor pursuant to chapter 2 of title II of the Trade Act of 1974 (or because of the application, to any such week in training, of State law provisions relating to availability for work, active search for work, or refusal to accept work);’. [<-Struck out]

        [Struck out->] (B) EFFECTIVE DATE- [<-Struck out]

          [Struck out->] (i) IN GENERAL- Except as provided in clause (ii), the amendments made by this paragraph shall apply in the case of compensation paid for weeks beginning on or after October 1, 2001. [<-Struck out]

          [Struck out->] (ii) MEETING OF STATE LEGISLATURE- [<-Struck out]

            [Struck out->] (I) IN GENERAL- If the Secretary of Labor identifies a State as requiring a change to its statutes or regulations in order to comply with the amendments made by subparagraph (A), the amendments made by subparagraph (A) shall apply in the case of compensation paid for weeks beginning after the earlier of-- [<-Struck out]

[Struck out->] (aa) the date the State changes its statutes or regulations in order to comply with the amendments made by this section; or [<-Struck out]

[Struck out->] (bb) the end of the first session of the State legislature which begins after the date of enactment of this Act or which began prior to such date and remained in session for at least 25 calendar days after such date; [<-Struck out]

            [Struck out->] except that in no case shall the amendments made by this Act apply before October 1, 2001. [<-Struck out]

            [Struck out->] (II) SESSION DEFINED- In this clause, the term ‘session’ means a regular, special, budget, or other session of a State legislature. [<-Struck out]

    [Struck out->] (c) AMENDMENTS TO TITLE 28- [<-Struck out]

      [Struck out->] (1) CIVIL ACTIONS AGAINST THE UNITED STATES- Section 1581(d) of title 28, United States Code, is amended-- [<-Struck out]

        [Struck out->] (A) in paragraph (1), by striking ‘section 223’ and inserting ‘section 231’; and [<-Struck out]

        [Struck out->] (B) in paragraph (3), by striking ‘section 271’ and inserting ‘section 273’. [<-Struck out]

      [Struck out->] (2) PERSONS ENTITLED TO COMMENCE A CIVIL ACTION- Section 2631 of title 28, United States Code, is amended-- [<-Struck out]

        [Struck out->] (A) by amending subsection (d)(1) to read as follows: [<-Struck out]

    [Struck out->]

    ‘(d)(1) A civil action to review any final determination of the Secretary of Labor under section 231 of the Trade Act of 1974 with respect to the certification of workers as adversely affected and eligible for trade adjustment assistance under that Act may be commenced by a worker, a group of workers, a certified or recognized union, or an authorized representative of such worker or group, that petitions for certification under that Act and is aggrieved by the final determination.’; and [<-Struck out]

        [Struck out->] (B) in subsection (d)(3), by striking ‘Secretary of Commerce under section 271’ and inserting ‘Director of the Office of Community Economic Adjustment under section 273’. [<-Struck out]

      [Struck out->] (3) TIME FOR COMMENCEMENT OF ACTION- Section 2636(d) of title 28, United States Code, is amended by striking ‘under section 223 of the Trade Act of 1974 or a final determination of the Secretary of Commerce under section 251 or section 271 of such Act’ and inserting ‘under section 231 of the Trade Act of 1974, a final determination of the Secretary of Commerce under section 251 of that Act, or a final determination of the Director of [<-Struck out]

[Struck out->] the Office of Community Economic Adjustment under section 273 of that Act’. [<-Struck out]

      [Struck out->] (4) SCOPE AND STANDARD OF REVIEW- Section 2640(c) of title 28, United States Code, is amended by striking ‘under section 223 of the Trade Act of 1974 or any final determination of the Secretary of Commerce under section 251 or section 271 of such Act’ and inserting ‘under section 231 of the Trade Act of 1974, a final determination of the Secretary of Commerce under section 251 of that Act, or a final determination of the Director of the Office of Community Economic Adjustment under section 273 of that Act’. [<-Struck out]

      [Struck out->] (5) RELIEF- Section 2643(c)(2) of title 28, United States Code, is amended by striking ‘under section 223 of the Trade Act of 1974 or any final determination of the Secretary of Commerce under section 251 or section 271 of such Act’ and inserting ‘under section 231 of the Trade Act of 1974, a final determination of the Secretary of Commerce under section 251 of that Act, or a final determination of the Director of the Office of Community Economic Adjustment under section 273 of that Act’. [<-Struck out]

    [Struck out->] (d) AMENDMENT TO THE FOOD STAMP ACT OF 1977- Section 6(o)(1)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(1)(B)) is amended by striking ‘section 236’ and inserting ‘section 240’. [<-Struck out]

[Struck out->]

TITLE VI--SAVINGS PROVISIONS AND EFFECTIVE DATE

[<-Struck out]

[Struck out->] SEC. 601. SAVINGS PROVISIONS. [<-Struck out]

    [Struck out->] (a) PROCEEDINGS NOT AFFECTED- [<-Struck out]

      [Struck out->] (1) IN GENERAL- The provisions of this Act shall not affect any petition for certification for benefits under chapter 2 of title II of the Trade Act of 1974 that is in effect on September 30, 2001. Determinations shall be issued, appeals shall be taken therefrom, and payments shall be made under those determinations, as if this Act had not been enacted, and orders issued in any proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. [<-Struck out]

      [Struck out->] (2) MODIFICATION OR DISCONTINUANCE- Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this Act had not been enacted. [<-Struck out]

    [Struck out->] (b) SUITS NOT AFFECTED- The provisions of this Act shall not affect any suit commenced before October 1, 2001, and in all those suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. [<-Struck out]

    [Struck out->] (c) NONABATEMENT OF ACTIONS- No suit, action, or other proceeding commenced by or against the Federal Government, or by or against any individual in the official capacity of that individual as an officer of the Federal Government, shall abate by reason of enactment of this Act. [<-Struck out]

[Struck out->] SEC. 602. EFFECTIVE DATE. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Except as otherwise provided in section 102, section 501(b)(2)(B), and subsection (b) of this section, the amendments made by this Act shall apply to-- [<-Struck out]

      [Struck out->] (1) petitions for certification filed under chapter 2 or 3 of title II of the Trade Act of 1974 on or after October 1, 2001; [<-Struck out]

      [Struck out->] (2) petitions for certification filed under chapter 2 or 3 of title II of the Trade Act of 1974 before October 1, 2001, that are pending on such date; and [<-Struck out]

      [Struck out->] (3) certifications for assistance under chapter 4 of title II of the Trade Act of 1974 issued on or after October 1, 2001. [<-Struck out]

    [Struck out->] (b) WORKERS CERTIFIED AS ELIGIBLE BEFORE OCTOBER 1, 2001- Notwithstanding subsection (a), a worker shall continue to receive (or be eligible to receive) trade adjustment assistance and other benefits under chapter 2 of title II of the Trade Act of 1974, as in effect on September 30, 2001, for any week for which the worker meets the eligibility requirements of such chapter II as in effect on such date, if on or before September 30, 2001, the worker-- [<-Struck out]

      [Struck out->] (1) was certified as eligible for trade adjustment assistance benefits under such chapter as in effect on such date; and [<-Struck out]

      [Struck out->] (2) would otherwise be eligible to receive trade adjustment assistance benefits under such chapter as in effect on such date. [<-Struck out]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act of 2002’.

    (b) TABLE OF CONTENTS-

      Sec. 1. Short title; table of contents.

TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

      Sec. 101. Adjustment assistance for workers.

      Sec. 102. Displaced worker self-employment training pilot program.

TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

      Sec. 201. Reauthorization of program.

TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

      Sec. 301. Purpose.

      Sec. 302. Trade adjustment assistance for communities.

TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

      Sec. 401. Trade adjustment assistance for farmers.

TITLE V--TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN

      Sec. 501. Trade adjustment assistance for fishermen.

TITLE VI--HEALTH INSURANCE COVERAGE OPTIONS FOR INDIVIDUALS ELIGIBLE FOR TRADE ADJUSTMENT ASSISTANCE

      Sec. 601. Premium assistance for COBRA continuation coverage for individuals and their families.

      Sec. 602. State option to provide temporary medicaid coverage for certain uninsured individuals.

      Sec. 603. State option to provide temporary coverage under medicaid for the unsubsidized portion of COBRA continuation premiums.

      Sec. 604. Definitions.

TITLE VII--CONFORMING AMENDMENTS AND EFFECTIVE DATE

      Sec. 701. Conforming amendments.

TITLE VIII--SAVINGS PROVISIONS AND EFFECTIVE DATE

      Sec. 801. Savings provisions.

      Sec. 802. Effective date.

TITLE IX--CUSTOMS REAUTHORIZATION

      Sec. 900. Short title.

Subtitle A--United States Customs Service

Chapter 1--Drug Enforcement and Other Noncommercial and Commercial Operations

      Sec. 901. Authorization of appropriations for noncommercial operations, commercial operations, and air and marine interdiction.

      Sec. 902. Antiterrorist and illicit narcotics detection equipment for the United States-Mexico border, United States-Canada border, and Florida and the Gulf Coast seaports.

      Sec. 903. Compliance with performance plan requirements.

Chapter 2--Child Cyber-Smuggling Center of the Customs Service

      Sec. 911. Authorization of appropriations for program to prevent child pornography/child sexual exploitation.

Chapter 3--Miscellaneous Provisions

      Sec. 921. Additional Customs Service officers for United States-Canada border.

      Sec. 922. Study and report relating to personnel practices of the Customs Service.

      Sec. 923. Study and report relating to accounting and auditing procedures of the Customs Service.

      Sec. 924. Establishment and implementation of cost accounting system; reports.

      Sec. 925. Study and report relating to timeliness of prospective rulings.

      Sec. 926. Study and report relating to customs user fees.

Chapter 4--Antiterrorism Provisions

      Sec. 931. Emergency adjustments to offices, ports of entry, or staffing of the Customs Service.

      Sec. 932. Mandatory advanced electronic information for cargo and passengers.

      Sec. 933. Border search authority for certain contraband in outbound mail.

      Sec. 934. Authorization of appropriations for reestablishment of customs operations in New York City.

Chapter 5--Textile Transshipment Provisions

      Sec. 941. GAO audit of textile transshipment monitoring by Customs Service.

      Sec. 942. Authorization of appropriations for textile transshipment enforcement operations.

      Sec. 943. Implementation of the African Growth and Opportunity Act.

Subtitle B--Office of the United States Trade Representative

      Sec. 951. Authorization of appropriations.

Subtitle C--United States International Trade Commission

      Sec. 961. Authorization of appropriations.

Subtitle D--Other Trade Provisions

      Sec. 971. Increase in aggregate value of articles exempt from duty acquired abroad by United States residents.

      Sec. 972. Regulatory audit procedures.

Subtitle E--Sense of Senate

      Sec. 981. Sense of Senate.

TITLE X--MISCELLANEOUS PROVISIONS

      Sec. 1001. Country of origin labeling of fish and shellfish products.

      Sec. 1002. Sugar policy.

TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

SEC. 101. ADJUSTMENT ASSISTANCE FOR WORKERS.

    Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended to read as follows:

‘CHAPTER 2--ADJUSTMENT ASSISTANCE FOR WORKERS

‘Subchapter A--General Provisions

‘SEC. 221. DEFINITIONS.

    ‘In this chapter:

      ‘(1) ADDITIONAL COMPENSATION- The term ‘additional compensation’ has the meaning given that term in section 205(3) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

      ‘(2) ADVERSELY AFFECTED EMPLOYMENT- The term ‘adversely affected employment’ means employment in a firm or appropriate subdivision of a firm, if workers of that firm or subdivision are eligible to apply for adjustment assistance under this chapter.

      ‘(3) ADVERSELY AFFECTED WORKER-

        ‘(A) IN GENERAL- The term ‘adversely affected worker’ means a worker who is a member of a group of workers certified by the Secretary under section 231(a)(1) as eligible for trade adjustment assistance.

        ‘(B) ADVERSELY AFFECTED SECONDARY WORKER- The term ‘adversely affected worker’ includes an adversely affected secondary worker who is a member of a group of workers employed at a downstream producer or a supplier, that is certified by the Secretary under section 231(a)(2) as eligible for trade adjustment assistance.

      ‘(4) AVERAGE WEEKLY HOURS- The term ‘average weekly hours’ means the average hours worked by a worker (excluding overtime) in the employment from which the worker has been or claims to have been separated in the 52 weeks (excluding weeks during which the worker was on leave for purposes of vacation, sickness, maternity, military service, or any other employer-authorized leave) preceding the week specified in paragraph (5)(B)(ii).

      ‘(5) AVERAGE WEEKLY WAGE-

        ‘(A) IN GENERAL- The term ‘average weekly wage’ means 1/13 of the total wages paid to an individual in the high quarter.

        ‘(B) DEFINITIONS- For purposes of computing the average weekly wage--

          ‘(i) the term ‘high quarter’ means the quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters immediately preceding the quarter in which occurs the week with respect to which the computation is made; and

          ‘(ii) the term ‘week’ means the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary.

      ‘(6) BENEFIT PERIOD- The term ‘benefit period’ means, with respect to an individual, the following:

        ‘(A) STATE LAW- The benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation.

        ‘(B) FEDERAL LAW- The equivalent to the benefit year or ensuing period provided for under the applicable Federal unemployment insurance law.

      ‘(7) BENEFIT YEAR- The term ‘benefit year’ has the same meaning given that term in the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

      ‘(8) CONTRIBUTED IMPORTANTLY- The term ‘contributed importantly’ means a cause that is important but not necessarily more important than any other cause.

      ‘(9) COOPERATING STATE- The term ‘cooperating State’ means any State that has entered into an agreement with the Secretary under section 222.

      ‘(10) CUSTOMIZED TRAINING- The term ‘customized training’ means training undertaken by an individual to specifications provided by and in close consultation with an employer in consideration of the employer’s commitment to hire the individual upon successful completion of the agreed training program.

      ‘(11) DOWNSTREAM PRODUCER- The term ‘downstream producer’ means a firm that performs additional, value-added production processes, including a firm that performs final assembly, finishing, or packaging of articles produced by another firm.

      ‘(12) EXTENDED COMPENSATION- The term ‘extended compensation’ has the meaning given that term in section 205(4) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

      ‘(13) JOB FINDING CLUB- The term ‘job finding club’ means a job search workshop which includes a period of structured, supervised activity in which participants attempt to obtain jobs.

      ‘(14) JOB SEARCH PROGRAM- The term ‘job search program’ means a job search workshop or job finding club.

      ‘(15) JOB SEARCH WORKSHOP- The term ‘job search workshop’ means a short (1- to 3-day) seminar, covering subjects such as labor market information, resume writing, interviewing techniques, and techniques for finding job openings, that is designed to provide participants with knowledge that will enable the participants to find jobs.

      ‘(16) ON-THE-JOB TRAINING- The term ‘on-the-job training’ has the same meaning as that term has in section 101(31) of the Workforce Investment Act.

      ‘(17) PARTIAL SEPARATION- A partial separation shall be considered to exist with respect to an individual if--

        ‘(A) the individual has had a 20-percent or greater reduction in the average weekly hours worked by that individual in adversely affected employment; and

        ‘(B) the individual has had a 20-percent or greater reduction in the average weekly wage of the individual with respect to adversely affected employment.

      ‘(18) REGULAR COMPENSATION- The term ‘regular compensation’ has the meaning given that term in section 205(2) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

      ‘(19) SECRETARY- The term ‘Secretary’ means the Secretary of Labor.

      ‘(20) STATE- The term ‘State’ includes each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

      ‘(21) STATE AGENCY- The term ‘State agency’ means the agency of the State that administers the State law.

      ‘(22) STATE LAW- The term ‘State law’ means the unemployment insurance law of the State approved by the Secretary under section 3304 of the Internal Revenue Code of 1986.

      ‘(23) SUPPLIER- The term ‘supplier’ means a firm that produces component parts for, or articles considered to be a part of, the production process for articles produced by a firm or subdivision covered by a certification of eligibility under section 231. The term ‘supplier’ also includes a firm that provides services under contract to a firm or subdivision covered by such certification.

      ‘(24) TOTAL SEPARATION- The term ‘total separation’ means the layoff or severance of an individual from employment with a firm in which or in a subdivision of which, adversely affected employment exists.

      ‘(25) UNEMPLOYMENT INSURANCE- The term ‘unemployment insurance’ means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5, United States Code, and the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).

      ‘(26) WEEK- Except as provided in paragraph 5(B)(ii), the term ‘week’ means a week as defined in the applicable State law.

      ‘(27) WEEK OF UNEMPLOYMENT- The term ‘week of unemployment’ means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law.

‘SEC. 222. AGREEMENTS WITH STATES.

    ‘(a) IN GENERAL- The Secretary is authorized on behalf of the United States to enter into an agreement with any State or with any State agency (referred to in this chapter as ‘cooperating State’ and ‘cooperating State agency’, respectively) to facilitate the provision of services under this chapter.

    ‘(b) PROVISIONS OF AGREEMENTS- Under an agreement entered into under subsection (a)--

      ‘(1) the cooperating State agency as an agent of the United States shall--

        ‘(A) facilitate the early filing of petitions under section 231(b) for any group of workers that the State considers is likely to be eligible for benefits under this chapter;

        ‘(B) assist the Secretary in the review of any petition submitted from that State by verifying the information and providing other assistance as the Secretary may request;

        ‘(C) advise each worker who applies for unemployment insurance of the available benefits under this chapter and the procedures and deadlines for applying for those benefits;

        ‘(D) receive applications for services under this chapter;

        ‘(E) provide payments on the basis provided for in this chapter;

        ‘(F) advise each adversely affected worker to apply for training under section 240, and of the deadlines for benefits related to enrollment in training under this chapter;

        ‘(G) ensure that the State employees with responsibility for carrying out an agreement entered into under subsection (a)--

          ‘(i) inform adversely affected workers covered by a certification issued under section 231(c) of the workers’ (and individual member’s of the worker’s family) potential eligibility for--

            ‘(I) medical assistance under the medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396a et seq.);

            ‘(II) child health assistance under the State children’s health insurance program established under title XXI of that Act (42 U.S.C. 1397aa et seq.);

            ‘(III) child care services for which assistance is provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); and

            ‘(IV) other Federal- and State-funded health care, child care, transportation, and assistance programs for which the workers may be eligible; and

          ‘(ii) provide such workers with information regarding how to apply for such assistance, services, and programs;

        ‘(H) provide adversely affected workers referral to training services approved under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), and any other appropriate Federal or State program designed to assist dislocated workers or unemployed individuals, consistent with the requirements of subsection (b)(2);

        ‘(I) collect and transmit to the Secretary any data as the Secretary shall reasonably require to assist the Secretary in assuring the effective and efficient performance of the programs carried out under this chapter; and

        ‘(J) otherwise actively cooperate with the Secretary and with other Federal and State agencies in providing payments and services under this chapter, including participation in the performance measurement system established by the Secretary under section 224.

      ‘(2) the cooperating State shall--

        ‘(A) arrange for the provision of services under this chapter through the one-stop delivery system established in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)) where available;

        ‘(B) provide to adversely affected workers statewide rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)) in the same manner and to the same extent as any other worker eligible for those activities;

        ‘(C) afford adversely affected workers the services provided under section 134(d) of the Workforce Investment Act of 1998 (29 U.S.C. 92864(d)) in the same manner and to the same extent as any other worker eligible for those services; and

        ‘(D) provide training services under this chapter using training providers approved under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) which may include community colleges, and other effective providers of training services.

    ‘(c) OTHER PROVISIONS-

      ‘(1) APPROVAL OF TRAINING PROVIDERS- The Secretary shall ensure that the training services provided by cooperating States are provided by organizations approved by the Secretary to effectively assist workers eligible for assistance under this chapter.

      ‘(2) AMENDMENT, SUSPENSION, OR TERMINATION OF AGREEMENTS- Each agreement entered into under this section shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated.

      ‘(3) EFFECT ON UNEMPLOYMENT INSURANCE- Each agreement entered into under this section shall provide that unemployment insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to payments under this chapter.

      ‘(4) COORDINATION OF WORKFORCE INVESTMENT ACTIVITIES- In order to promote the coordination of Workforce Investment Act activities in each State with activities carried out under this chapter, each agreement entered into under this section shall provide that the State shall submit to the Secretary, in such form as the Secretary may require, the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b) (8) and (14)).

    ‘(d) REVIEW OF STATE DETERMINATIONS-

      ‘(1) IN GENERAL- A determination by a cooperating State regarding entitlement to program benefits under this chapter is subject to review in the same manner and to the same extent as determinations under the applicable State law.

      ‘(2) APPEAL- A review undertaken by a cooperating State under paragraph (1) may be appealed to the Secretary pursuant to such regulations as the Secretary may prescribe.

‘SEC. 223. ADMINISTRATION ABSENT STATE AGREEMENT.

    ‘(a) IN GENERAL- In any State in which there is no agreement in force under section 222, the Secretary shall arrange, under regulations prescribed by the Secretary, for the performance of all necessary functions under this chapter, including providing a hearing for any worker whose application for payment is denied.

    ‘(b) FINALITY OF DETERMINATION- A final determination under subsection (a) regarding entitlement to program benefits under this chapter is subject to review by the courts in the same manner and to the same extent as is provided by section 205(g) of the Social Security Act (42 U.S.C. 405(g)).

‘SEC. 224. DATA COLLECTION; EVALUATIONS; REPORTS.

    ‘(a) DATA COLLECTION- The Secretary shall, pursuant to regulations prescribed by the Secretary, collect any data necessary to meet the requirements of this chapter.

    ‘(b) PERFORMANCE EVALUATIONS- The Secretary shall establish an effective performance measuring system to evaluate the following:

      ‘(1) PROGRAM PERFORMANCE-

        ‘(A) speed of petition processing;

        ‘(B) quality of petition processing;

        ‘(C) cost of training programs;

        ‘(D) coordination of programs under this title with programs under the Workforce Investment Act (29 U.S.C. 2801 et seq.);

        ‘(E) length of time participants take to enter and complete training programs;

        ‘(F) the effectiveness of individual contractors in providing appropriate retraining information;

        ‘(G) the effectiveness of individual approved training programs in helping workers obtain employment;

        ‘(H) best practices related to the provision of benefits and retraining; and

        ‘(I) other data to evaluate how individual States are implementing the requirements of this title.

      ‘(2) PARTICIPANT OUTCOMES-

        ‘(A) reemployment rates;

        ‘(B) types of jobs in which displaced workers have been placed;

        ‘(C) wage and benefit maintenance results;

        ‘(D) training completion rates; and

        ‘(E) other data to evaluate how effective programs under this chapter are for participants, taking into consideration current economic conditions in the State.

      ‘(3) PROGRAM PARTICIPATION DATA-

        ‘(A) the number of workers receiving benefits and the type of benefits being received;

        ‘(B) the number of workers enrolled in, and the duration of, training by major types of training;

        ‘(C) earnings history of workers that reflects wages before separation and wages in any job obtained after receiving benefits under this Act;

        ‘(D) the cause of dislocation identified in each certified petition; and

        ‘(E) the number of petitions filed and workers certified in each United States congressional district.

    ‘(c) 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 performance measurement system established under subsection (b).

      ‘(2) MONITORING- Monitoring by each State of internal control measures with respect to performance 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)).

    ‘(d) REPORTS-

      ‘(1) REPORTS BY THE SECRETARY-

        ‘(A) INITIAL REPORT- Not later than 6 months after the date of enactment of the Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act of 2002, 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--

          ‘(i) describes the performance measurement system established under subsection (b);

          ‘(ii) includes analysis of data collected through the system established under subsection (b);

          ‘(iii) includes information identifying the number of workers who received waivers under section 235(c) and the average duration of those during the preceding year;

          ‘(iv) describes and analyzes State participation in the system;

          ‘(v) analyzes 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)); and

          ‘(vi) provides recommendations for program improvements.

        ‘(B) 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 a report that includes the information collected under clauses (ii) through (v) of subparagraph (A).

      ‘(2) 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).

      ‘(3) PUBLICATION- The Secretary shall make available to each State, and other public and private organizations as determined by the Secretary, the data gathered and evaluated through the performance measurement system established under paragraph (1).

‘SEC. 225. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION.

    ‘(a) NOTIFICATION OF INVESTIGATION- Whenever the International Trade Commission begins an investigation under section 202 with respect to an industry, the Commission shall immediately notify the Secretary of that investigation, and the Secretary shall immediately begin a study of--

      ‘(1) the number of workers in the domestic industry producing the like or directly competitive article who have been or are likely to be certified as eligible for adjustment assistance under this chapter; and

      ‘(2) the extent to which the adjustment of those workers to the import competition may be facilitated through the use of existing programs.

    ‘(b) REPORT-

      ‘(1) IN GENERAL- The Secretary shall provide a report based on the study conducted under subsection (a) to the President not later than 15 days after the day on which the Commission makes its report under section 202(f).

      ‘(2) PUBLICATION- The Secretary shall promptly make public the report provided to the President under paragraph (1) (with the exception of information which the Secretary determines to be confidential) and shall have a summary of the report published in the Federal Register.

‘Subchapter B--Certifications

‘SEC. 231. CERTIFICATION AS ADVERSELY AFFECTED WORKERS.

    ‘(a) ELIGIBILITY FOR CERTIFICATION-

      ‘(1) GENERAL RULE- A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as adversely affected workers and eligible for trade adjustment assistance benefits under this chapter pursuant to a petition filed under subsection (b) if the Secretary determines that--

        ‘(A) a significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; and

        ‘(B)(i)(I) the value or volume of imports of articles like or directly competitive with articles produced by that firm or subdivision have increased; and

        ‘(II) the increase in the value or volume of imports described in subclause (I) contributed importantly to the workers’ separation or threat of separation; or

        ‘(ii)(I) there has been a shift in production by the workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by that firm or subdivision; and

        ‘(II) the shift in production described in subclause (I) contributed importantly to the workers’ separation or threat of separation.

      ‘(2) ADVERSELY AFFECTED SECONDARY WORKER- A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as adversely affected and eligible for trade adjustment assistance benefits under this chapter pursuant to a petition filed under subsection (b) if the Secretary determines that--

        ‘(A) a significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;

        ‘(B) the workers’ firm (or subdivision) is a supplier to a firm (or subdivision) or downstream producer to a firm (or subdivision) described in paragraph (1)(B) (i) or (ii); and

        ‘(C) a loss of business with a firm (or subdivision) described in paragraph (1)(B) (i) or (ii) contributed importantly to the workers’ separation or threat of separation determined under subparagraph (A).

      ‘(3) SPECIAL PROVISIONS-

        ‘(A) OIL AND NATURAL GAS PRODUCERS- For purposes of this section, any firm, or appropriate subdivision of a firm, that engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas.

        ‘(B) OIL AND NATURAL GAS IMPORTS- For purposes of this section, any firm, or appropriate subdivision of a firm, that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.

        ‘(C) TACONITE- For purposes of this section, taconite pellets produced in the United States shall be considered to be an article that is like or directly competitive with imports of semifinished steel slab.

        ‘(D) SERVICE WORKERS-

          ‘(i) IN GENERAL- Not later than 6 months after the date of enactment of the Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act of 2002, the Secretary shall establish a program to provide assistance under this chapter to domestic operators of motor carriers who are adversely affected by competition from foreign owned and operated motor carriers.

          ‘(ii) DATA COLLECTION SYSTEM- Not later than 6 months after the date of enactment of the Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act of 2002, the Secretary shall put in place a system to collect data on adversely affected service workers that includes the number of workers by State, industry, and cause of dislocation for each worker.

          ‘(iii) REPORT- Not later than 2 years after the date of enactment of the Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act of 2002, the Secretary shall report to Congress the results of a study on ways for extending the programs in this chapter to adversely affected service workers, including recommendations for legislation.

    ‘(b) PETITIONS-

      ‘(1) IN GENERAL- A petition for certification of eligibility for trade adjustment assistance under this chapter for a group of adversely affected workers shall be filed simultaneously with the Secretary and with the Governor of the State in which the firm or subdivision of the firm employing the workers is located.

      ‘(2) PERSONS WHO MAY FILE A PETITION- A petition under paragraph (1) may be filed by any of the following:

        ‘(A) WORKERS- A group of workers (including workers in an agricultural firm or subdivision of any agricultural firm).

        ‘(B) WORKER REPRESENTATIVES- The certified or recognized union or other duly appointed representative of the workers.

        ‘(C) WORKER ADJUSTMENT AND RETRAINING NOTIFICATION- Any entity to which notice of a plant closing or mass layoff must be given under section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102).

        ‘(D) OTHER- Employers of workers described in subparagraph (A), 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 State employment agencies, on behalf of the workers.

        ‘(E) REQUEST TO INITIATE CERTIFICATION- The President, or the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives (by resolution), may direct the Secretary to initiate a certification process under this chapter to determine the eligibility for trade adjustment assistance of a group of workers.

      ‘(3) ACTIONS BY GOVERNOR-

        ‘(A) COOPERATING STATE- Upon receipt of a petition, the Governor of a cooperating State shall ensure that the requirements of the agreement entered into under section 222 are met.

        ‘(B) OTHER STATES- Upon receipt of a petition, the Governor of a State that has not entered into an agreement under section 222 shall coordinate closely with the Secretary to ensure that workers covered by a petition are--

          ‘(i) provided with all available services, including rapid response activities under section 134 of the Workforce Investment Act (29 U.S.C. 2864);

          ‘(ii) informed of the workers’ (and individual member’s of the worker’s family) potential eligibility for--

            ‘(I) medical assistance under the medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396a et seq.);

            ‘(II) child health assistance under the State children’s health insurance program established under title XXI of that Act (42 U.S.C. 1397aa et seq.);

            ‘(III) child care services for which assistance is provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); and

            ‘(IV) other Federal and State funded health care, child care, transportation, and assistance programs that the workers may be eligible for; and

          ‘(iii) provided with information regarding how to apply for the assistance, services, and programs described in clause (ii).

    ‘(c) ACTIONS BY SECRETARY-

      ‘(1) IN GENERAL- As soon as possible after the date on which a petition is filed under subsection (b), but not later than 40 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of subsection (a), and if warranted, shall issue a certification of eligibility for trade adjustment assistance pursuant to this subchapter. In making the determination, the Secretary shall consult with all petitioning entities.

      ‘(2) PUBLICATION OF DETERMINATION- Upon making a determination under paragraph (1), the Secretary shall promptly publish a summary of the determination in the Federal Register together with the reasons for making that determination.

      ‘(3) DATE SPECIFIED IN CERTIFICATION- Each certification made under this subsection shall specify the date on which the total or partial separation began or threatened to begin with respect to a group of certified workers.

      ‘(4) PROJECTED TRAINING NEEDS- The Secretary shall inform the State Workforce Investment Board or equivalent agency, and other public or private agencies, institutions, employers, and labor organizations, as appropriate, of each certification issued under section 231 and of projections, if available, of the need for training under section 240 as a result of that certification.

    ‘(d) SCOPE OF CERTIFICATION-

      ‘(1) IN GENERAL- A certification issued under subsection (c) shall cover adversely affected workers in any group that meets the requirements of subsection (a), whose total or partial separation occurred on or after the date on which the petition was filed under subsection (b).

      ‘(2) WORKERS SEPARATED PRIOR TO CERTIFICATION- A certification issued under subsection (c) shall cover adversely affected workers whose total or partial separation occurred not more than 1 year prior to the date on which the petition was filed under subsection (b).

    ‘(e) TERMINATION OF CERTIFICATION-

      ‘(1) IN GENERAL- If the Secretary determines, with respect to any certification of eligibility, that workers separated from a firm or subdivision covered by a certification of eligibility are no longer adversely affected workers, the Secretary shall terminate the certification.

      ‘(2) PUBLICATION OF TERMINATION- The Secretary shall promptly publish notice of any termination made under paragraph (1) in the Federal Register together with the reasons for making that determination.

      ‘(3) APPLICATION- Any determination made under paragraph (1) shall apply only to total or partial separations occurring after the termination date specified by the Secretary.

‘SEC. 232. BENEFIT INFORMATION TO WORKERS.

    ‘(a) IN GENERAL- The Secretary shall, in accordance with the provisions of section 222 or 223, as appropriate, provide prompt and full information to adversely affected workers covered by a certification issued under section 231(c), including information regarding--

      ‘(1) benefit allowances, training, and other employment services available under this chapter;

      ‘(2) petition and application procedures under this chapter;

      ‘(3) appropriate filing dates for the allowances, training, and services available under this chapter; and

      ‘(4) procedures for applying for and receiving all other Federal benefits and services available to separated workers during a period of unemployment.

    ‘(b) ASSISTANCE TO GROUPS OF WORKERS-

      ‘(1) IN GENERAL- The Secretary shall provide any necessary assistance to enable groups of workers to prepare petitions or applications for program benefits.

      ‘(2) ASSISTANCE FROM STATES- The Secretary shall ensure that cooperating States fully comply with the agreements entered into under section 222 and shall periodically review that compliance.

    ‘(c) NOTICE-

      ‘(1) IN GENERAL- Not later that 15 days after a certification is issued under section 231 (or as soon as practicable after separation), the Secretary shall provide written notice of the benefits available under this chapter to each worker whom the Secretary has reason to believe is covered by the certification.

      ‘(2) PUBLICATION OF NOTICE- The Secretary shall publish notice of the benefits available under this chapter to workers covered by each certification made under section 231 in newspapers of general circulation in the areas in which those workers reside.

‘Subchapter C--Program Benefits

‘PART I--GENERAL PROVISIONS

‘SEC. 234. COMPREHENSIVE ASSISTANCE.

    ‘Workers covered by a certification issued by the Secretary under section 231 shall be eligible for the following:

      ‘(1) Trade adjustment allowances as described in sections 235 through 238.

      ‘(2) Employment services as described in section 239.

      ‘(3) Training as described in section 240.

      ‘(4) Job search allowances as described in section 241.

      ‘(5) Relocation allowances as described in section 242.

      ‘(6) Supportive services and wage insurance as described in section 243.

      ‘(7) Health insurance coverage options as described in title VI of the Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act of 2002.

‘PART II--TRADE ADJUSTMENT ALLOWANCES

‘SEC. 235. QUALIFYING REQUIREMENTS FOR WORKERS.

    ‘(a) IN GENERAL- Payment of a trade adjustment allowance shall be made to an adversely affected worker covered by a certification under section 231 who files an application for the allowance for any week of unemployment that begins more than 60 days after the date on which the petition that resulted in the certification was filed under section 231, if the following conditions are met:

      ‘(1) TIME OF TOTAL OR PARTIAL SEPARATION FROM EMPLOYMENT- The adversely affected worker’s total or partial separation before the worker’s application under this chapter occurred--

        ‘(A) on or after the date, as specified in the certification under which the worker is covered, on which total or partial separation from adversely affected employment began or threatened to begin;

        ‘(B) before the expiration of the 2-year period beginning on the date on which the certification under section 231 was issued; and

        ‘(C) before the termination date (if any) determined pursuant to section 231(e).

      ‘(2) EMPLOYMENT REQUIRED-

        ‘(A) IN GENERAL- The adversely affected worker had, in the 52-week period ending with the week in which the total or partial separation occurred, at least 26 weeks of employment at wages of $30 or more a week with a single firm or subdivision of a firm.

        ‘(B) UNAVAILABILITY OF DATA- If data with respect to weeks of employment with a firm are not available, the worker had equivalent amounts of employment computed under regulations prescribed by the Secretary.

        ‘(C) WEEK OF EMPLOYMENT- For the purposes of this paragraph any week shall be treated as a week of employment at wages of $30 or more, if an adversely affected worker--

          ‘(i) is on employer-authorized leave for purposes of vacation, sickness, injury, or maternity, or inactive duty training or active duty for training in the Armed Forces of the United States;

          ‘(ii) does not work because of a disability that is compensable under a workmen’s compensation law or plan of a State or the United States;

          ‘(iii) had employment interrupted in order to serve as a full-time representative of a labor organization in that firm or subdivision; or

          ‘(iv) is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, provided that active duty is ‘Federal service’ as defined in section 8521(a)(1) of title 5, United States Code.

        ‘(D) EXCEPTIONS-

          ‘(i) In the case of weeks described in clause (i) or (iii) of subparagraph (C), or both, not more than 7 weeks may be treated as weeks of employment under subparagraph (C).

          ‘(ii) In the case of weeks described in clause (ii) or (iv) of subparagraph (C), not more than 26 weeks may be treated as weeks of employment under subparagraph (C).

      ‘(3) UNEMPLOYMENT COMPENSATION- The adversely affected worker meets all of the following requirements:

        ‘(A) ENTITLEMENT TO UNEMPLOYMENT INSURANCE- The worker was entitled to (or would be entitled to if the worker applied for) unemployment insurance for a week within the benefit period--

          ‘(i) in which total or partial separation took place; or

          ‘(ii) which began (or would have begun) by reason of the filing of a claim for unemployment insurance by the worker after total or partial separation.

        ‘(B) EXHAUSTION OF UNEMPLOYMENT INSURANCE- The worker has exhausted all rights to any regular State unemployment insurance to which the worker was entitled (or would be entitled if the worker had applied for any regular State unemployment insurance).

        ‘(C) NO UNEXPIRED WAITING PERIOD- The worker does not have an unexpired waiting period applicable to the worker for any unemployment insurance.

      ‘(4) EXTENDED UNEMPLOYMENT COMPENSATION- The adversely affected worker, with respect to a week of unemployment, would not be disqualified for extended compensation payable under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) by reason of the work acceptance and job search requirements in section 202(a)(3) of that Act.

      ‘(5) TRAINING- The adversely affected worker is enrolled in a training program approved by the Secretary under section 240(a), and the enrollment occurred not later than the latest of the periods described in subparagraph (A), (B), or (C).

        ‘(A) 16 WEEKS- The worker enrolled not later than the last day of the 16th week after the

worker’s most recent total separation that meets the requirements of paragraphs (1) and (2).

        ‘(B) 8 WEEKS- The worker enrolled not later than the last day of the 8th week after the week in which the Secretary issues a certification covering the worker.

        ‘(C) EXTENUATING CIRCUMSTANCES- Notwithstanding subparagraphs (A) and (B), the adversely affected worker is eligible for trade adjustment assistance if the worker enrolled not later than 45 days after the later of the dates specified in subparagraph (A) or (B), and the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period.

    ‘(b) FAILURE TO PARTICIPATE IN TRAINING-

      ‘(1) IN GENERAL- Until the adversely affected worker begins or resumes participation in a training program approved under section 240(a), no trade adjustment allowance may be paid under subsection (a) to an adversely affected worker for any week or any succeeding week in which--

        ‘(A) the Secretary determines that--

          ‘(i) the adversely affected worker--

            ‘(I) has failed to begin participation in a training program the enrollment in which meets the requirement of subsection (a)(5); or

            ‘(II) has ceased to participate in such a training program before completing the training program; and

          ‘(ii) there is no justifiable cause for the failure or cessation; or

        ‘(B) the waiver issued to that worker under subsection (c)(1) is revoked under subsection (c)(2).

      ‘(2) EXCEPTION- The provisions of subsection (a)(5) and paragraph (1) shall not apply with respect to any week of unemployment that begins before the first week following the week in which the certification is issued under section 231.

    ‘(c) WAIVERS OF TRAINING REQUIREMENTS-

      ‘(1) ISSUANCE OF WAIVERS- The Secretary may issue a written statement to an adversely affected worker waiving the requirement to be enrolled in training described in subsection (a) if the Secretary determines that the training requirement is not feasible or appropriate for the worker, because of 1 or more of the following reasons:

        ‘(A) RECALL- The worker has been notified that the worker will be recalled by the firm from which the separation occurred.

        ‘(B) MARKETABLE SKILLS- The worker has marketable skills as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act (42 U.S.C. 503(j)), carried out in accordance with guidelines issued by the Secretary.

        ‘(C) RETIREMENT- The worker is within 2 years of meeting all requirements for entitlement to either--

          ‘(i) old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefore); or

          ‘(ii) a private pension sponsored by an employer or labor organization.

        ‘(D) HEALTH- The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws.

        ‘(E) ENROLLMENT UNAVAILABLE- The first available enrollment date for the approved training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary.

        ‘(F) DURATION- The duration of training appropriate for the worker to obtain suitable employment exceeds the worker’s maximum entitlement to basic and additional trade adjustment allowances, and financial support available through other Federal or State programs, including chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.), that would enable the worker to complete a suitable training program cannot be assured.

        ‘(G) EMPLOYMENT AVAILABLE- There is employment (which may include technical and professional employment) available for the worker that offers equivalent wages to those that the worker earned prior to separation.

        ‘(H) NO BENEFIT- The worker would not benefit from any training, or no training that is suitable for the worker is available at a reasonable cost.

        ‘(I) NO REASONABLE EXPECTATION OF EMPLOYMENT- There is no reasonable expectation of employment following completion of the training.

        ‘(J) TRAINING NOT AVAILABLE- Training approved by the Secretary is not reasonably available to the worker from either governmental agencies or private sources (which may include area vocational education schools, as defined in section 3 of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2302), and employers).

        ‘(K) WORKER NOT QUALIFIED- The worker is not qualified to undertake and complete any training.

      ‘(2) DURATION OF WAIVERS-

        ‘(A) IN GENERAL- A waiver issued under paragraph (1) shall be effective for not more than 6 months after the date on which the waiver is issued, unless the Secretary determines otherwise.

        ‘(B) REVOCATION- The Secretary shall revoke a waiver issued under paragraph (1) if the Secretary determines that the basis of a waiver is no longer applicable to the worker.

      ‘(3) AMENDMENTS UNDER SECTION 222-

        ‘(A) ISSUANCE BY COOPERATING STATES- Pursuant to an agreement under section 222, the Secretary may authorize a cooperating State to issue waivers as described in paragraph (1) (except for the determination under subparagraphs (F) and (G) of paragraph (1)).

        ‘(B) SUBMISSION OF STATEMENTS- An agreement under section 222 shall include a requirement that the cooperating State submit to the Secretary the written statements provided under paragraph (1) and a statement of the reasons for the waiver.

      ‘(4) REASONABLE EXPECTATION OF EMPLOYMENT- For purposes of applying subsection (c)(1)(I), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under this section.

‘SEC. 236. WEEKLY AMOUNTS.

    ‘(a) IN GENERAL- Subject to subsections (b) and (c), the trade adjustment allowance payable to an adversely affected worker for a week of total unemployment shall be an amount equal to the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 235(a)(3)(B)) reduced (but not below zero) by--

      ‘(1) any training allowance deductible under subsection (c); and

      ‘(2) any income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable State law or Federal unemployment insurance law.

    ‘(b) ADJUSTMENT FOR WORKERS RECEIVING TRAINING-

      ‘(1) IN GENERAL- Any adversely affected worker who is entitled to a trade adjustment allowance and who is receiving training approved by the Secretary, shall receive for each week in which the worker is undergoing that training, a trade adjustment allowance in an amount (computed for such week) equal to the greater of--

        ‘(A) the amount computed under subsection (a); or

        ‘(B) the amount of any weekly allowance for that training to which the worker would be entitled under any other Federal law for the training of workers, if the worker applied for that allowance.

      ‘(2) ALLOWANCE PAID IN LIEU OF- Any trade adjustment allowance calculated under paragraph (1) shall be paid in lieu of any training allowance to which the worker would be entitled under any other Federal law.

      ‘(3) COORDINATION WITH UNEMPLOYMENT INSURANCE- Any week in which a worker undergoing training approved by the Secretary receives payments from unemployment insurance shall be subtracted from the total number of weeks for which a worker may receive trade adjustment allowance under this chapter.

    ‘(c) ADJUSTMENT FOR WORKERS RECEIVING ALLOWANCES UNDER OTHER FEDERAL LAW-

      ‘(1) REDUCTION IN WEEKS FOR WHICH ALLOWANCE WILL BE PAID- If a training allowance under any Federal law (other than this Act) is paid to an adversely affected worker for any week of unemployment with respect to which the worker would be entitled (determined without regard to any disqualification under section 235(b)) to a trade adjustment allowance if the worker applied for that allowance, each week of unemployment shall be deducted from the total number of weeks of trade adjustment allowance otherwise payable to that worker under section 235(a) when the worker applies for a trade adjustment allowance and is determined to be entitled to the allowance.

      ‘(2) PAYMENT OF DIFFERENCE- If the training allowance paid to a worker for any week of unemployment is less than the amount of the trade adjustment allowance to which the worker would be entitled if the worker applied for the trade adjustment allowance, the worker shall receive, when the worker applies for a trade adjustment allowance and is determined to be entitled to the allowance, a trade adjustment allowance for that week equal to the difference between the training allowance and the trade adjustment allowance computed under subsection (b).

‘SEC. 237. LIMITATIONS ON TRADE ADJUSTMENT ALLOWANCES.

    ‘(a) AMOUNT PAYABLE- The maximum amount of trade adjustment allowance payable to an adversely affected worker, with respect to the period covered by any certification, shall be the amount that is the product of 104 multiplied by the trade adjustment allowance payable to the worker for a week of total unemployment (as determined under section 236) reduced by the total sum of the regular State unemployment insurance to which the worker was entitled (or would have been entitled if the worker had applied for unemployment insurance) in the worker’s first benefit period described in section 235(a)(3)(A).

    ‘(b) DURATION OF PAYMENTS-

      ‘(1) IN GENERAL- Except as provided in paragraph (2), a trade adjustment allowance shall not be paid for any week occurring after the close of the 104-week period that begins with the first week following the week in which the adversely affected worker was most recently totally separated--

        ‘(A) within the period that is described in section 235(a)(1); and

        ‘(B) with respect to which the worker meets the requirements of section 235(a)(2).

      ‘(2) SPECIAL RULES-

        ‘(A) BREAK IN TRAINING- For purposes of this chapter, a worker shall be treated as participating in a training program approved by the Secretary under section 240(a) during any week

that is part of a break in a training that does not exceed 30 days if--

          ‘(i) the worker was participating in a training program approved under section 240(a) before the beginning of the break in training; and

          ‘(ii) the break is provided under the training program.

        ‘(B) ON-THE-JOB TRAINING- No trade adjustment allowance shall be paid to a worker under this chapter for any week during which the worker is receiving on-the-job training, except that a trade adjustment allowance shall be paid if a worker is enrolled in a non-paid customized training program.

        ‘(C) SMALL BUSINESS ADMINISTRATION PILOT PROGRAM- An adversely affected worker who is participating in a self-employment training program established by the Director of the Small Business Administration pursuant to section 102 of the Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act of 2002, shall not be ineligible to receive benefits under this chapter.

    ‘(c) ADJUSTMENT OF AMOUNTS PAYABLE- Amounts payable to an adversely affected worker under this chapter shall be subject to adjustment on a week-to-week basis as may be required by section 236.

    ‘(d) YEAR-END ADJUSTMENT-

      ‘(1) IN GENERAL- Notwithstanding any other provision of this Act or any other provision of law, if the benefit year of a worker ends within an extended benefit period, the number of weeks of extended benefits that the worker would, but for this subsection, be entitled to in that extended benefit period shall not be reduced by the number of weeks for which the worker was entitled, during that benefit year, to trade adjustment allowances under this part.

      ‘(2) EXTENDED BENEFITS PERIOD- For the purpose of this section the term ‘extended benefit period’ has the same meaning given that term in the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

‘SEC. 238. APPLICATION OF STATE LAWS.

    ‘(a) IN GENERAL- Except where inconsistent with the provisions of this chapter and subject to such regulations as the Secretary may prescribe, the availability and disqualification provisions of the State law under which an adversely affected worker is entitled to unemployment insurance (whether or not the worker has filed a claim for such insurance), or, if the worker is not so entitled to unemployment insurance, of the State in which the worker was totally or partially separated, shall apply to a worker that files an application for trade adjustment assistance.

    ‘(b) DURATION OF APPLICABILITY- The State law determined to be applicable with respect to a separation of an adversely affected worker shall remain applicable for purposes of subsection (a), with respect to a separation until the worker becomes entitled to unemployment insurance under another State law (whether or not the worker has filed a claim for that insurance).

‘PART III--EMPLOYMENT SERVICES, TRAINING, AND OTHER ALLOWANCES

‘SEC. 239. EMPLOYMENT SERVICES.

    ‘The Secretary shall, in accordance with section 222 or 223, as applicable, make every reasonable effort to secure for adversely affected workers covered by a certification under section 231, counseling, testing, placement, and other services provided for under any other Federal law.

‘SEC. 240. TRAINING.

    ‘(a) APPROVED TRAINING PROGRAMS-

      ‘(1) IN GENERAL- The Secretary shall approve training programs that include--

        ‘(A) on-the-job training or customized training;

        ‘(B) any employment or training activity provided through a one-stop delivery system under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.);

        ‘(C) any program of adult education;

        ‘(D) any training program (other than a training program described in paragraph (3)) for which all, or any portion, of the costs of training the worker are paid--

          ‘(i) under any Federal or State program other than this chapter; or

          ‘(ii) from any source other than this section; and

        ‘(E) any other training program that the Secretary determines is acceptable to meet the needs of an adversely affected worker.

      In making the determination under subparagraph (E), the Secretary shall consult with interested parties.

      ‘(2) TRAINING AGREEMENTS- Before approving any training to which subsection (f)(1)(C) may apply, the Secretary may require that the adversely

affected worker enter into an agreement with the Secretary under which the Secretary will not be required to pay under subsection (b) the portion of the costs of the training that the worker has reason to believe will be paid under the program, or by the source, described in clause (i) or (ii) of subsection (f)(1)(C).

      ‘(3) LIMITATION ON APPROVALS- The Secretary shall not approve a training program if all of the following apply:

        ‘(A) PAYMENT BY PLAN- Any portion of the costs of the training program are paid under any nongovernmental plan or program.

        ‘(B) RIGHT TO OBTAIN- The adversely affected worker has a right to obtain training or funds for training under that plan or program.

        ‘(C) REIMBURSEMENT- The plan or program requires the worker to reimburse the plan or program from funds provided under this chapter, or from wages paid under the training program, for any portion of the costs of that training program paid under the plan or program.

    ‘(b) PAYMENT OF TRAINING COSTS-

      ‘(1) IN GENERAL- Upon approval of a training program under subsection (a), and subject to the limitations imposed by this section, an adversely affected worker covered by a certification issued under section 231 may 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 231, made on behalf of the worker by the Secretary directly or through a voucher system.

      ‘(2) ON-THE-JOB TRAINING AND CUSTOMIZED TRAINING-

        ‘(A) PROVISION OF TRAINING ON THE JOB OR CUSTOMIZED TRAINING- If the Secretary approves training under subsection (a), the Secretary shall, insofar as possible, provide or assure the provision of that training on the job or customized training, and any training on the job or customized training that is approved by the Secretary under subsection (a) shall include related education necessary for the acquisition of skills needed for a position within a particular occupation.

        ‘(B) MONTHLY INSTALLMENTS- If the Secretary approves payment of any on-the-job training or customized training under subsection (a), the Secretary shall pay the costs of that training in equal monthly installments.

        ‘(C) LIMITATIONS- The Secretary may pay the costs of on-the-job training or customized training only if--

          ‘(i) no employed worker is displaced by the adversely affected worker (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits);

          ‘(ii) the training does not impair contracts for services or collective bargaining agreements;

          ‘(iii) in the case of training that would affect a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained;

          ‘(iv) no other individual is on layoff from the same, or any substantially equivalent, job for which the adversely affected worker is being trained;

          ‘(v) the employer has not terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created by hiring the adversely affected worker;

          ‘(vi) the job for which the adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of employed individuals;

          ‘(vii) the training is not for the same occupation from which the worker was separated and with respect to which the worker’s group was certified pursuant to section 231;

          ‘(viii) the employer certifies to the Secretary that the employer will continue to employ the worker for at least 26 weeks after completion of the training if the worker desires to continue the employment and the employer does not have due cause to terminate the employment;

          ‘(ix) the employer has not received payment under subsection (b)(1) with respect to any other on-the-job training provided by the employer or customized training that failed to meet the requirements of clauses (i) through (vi); and

          ‘(x) the employer has not taken, at any time, any action that violated the terms of any certification described in clause (viii) made by that employer with respect to any other on-the-job training provided by the employer or customized training for which the Secretary has made a payment under paragraph (1).

    ‘(c) CERTAIN WORKERS ELIGIBLE FOR TRAINING BENEFITS- An adversely affected worker covered by a certification issued under section 231, who is not qualified to receive a trade adjustment allowance under section 235, may be eligible to have payment of the costs of training made under this section, if the worker enters a training program approved by the Secretary not later than 6 months after the date on which the certification that covers the worker is issued or the Secretary determines that one of the following applied:

      ‘(1) Funding was not available at the time at which the adversely affected worker was required to enter training under paragraph (1).

      ‘(2) The adversely affected worker was covered by a waiver issued under section 235(c).

    ‘(d) EXHAUSTION OF UNEMPLOYMENT INSURANCE NOT REQUIRED- The Secretary may approve training,

and pay the costs thereof, for any adversely affected worker who is a member of a group certified under section 231 at any time after the date on which the group is certified, without regard to whether the worker has exhausted all rights to any unemployment insurance to which the worker is entitled.

    ‘(e) SUPPLEMENTAL ASSISTANCE-

      ‘(1) IN GENERAL- Subject to paragraphs (2) and (3), when training is provided under a training program approved by the Secretary under subsection (a) in facilities that are not within commuting distance of a worker’s regular place of residence, the Secretary may authorize supplemental assistance to defray reasonable transportation and subsistence expenses for separate maintenance.

      ‘(2) TRANSPORTATION EXPENSES- The Secretary may not authorize payments for travel expenses exceeding the prevailing mileage rate authorized under the Federal travel regulations.

      ‘(3) SUBSISTENCE EXPENSES- The Secretary may not authorize payments for subsistence that exceed the lesser of--

        ‘(A) the actual per diem expenses for subsistence of the worker; or

        ‘(B) an amount equal to 50 percent of the prevailing per diem allowance rate authorized under Federal travel regulations.

    ‘(f) SPECIAL PROVISIONS; LIMITATIONS-

      ‘(1) LIMITATION ON MAKING PAYMENTS-

        ‘(A) DISALLOWANCE OF OTHER PAYMENT- If the costs of training an adversely affected worker are paid by the Secretary under subsection (b), no other payment for those training costs may be made under any other provision of Federal law.

        ‘(B) NO PAYMENT OF REIMBURSABLE COSTS- No payment for the costs of approved training may be made under subsection (b) if those costs--

          ‘(i) have already been paid under any other provision of Federal law; or

          ‘(ii) are reimbursable under any other provision of Federal law and a portion of those costs has already been paid under that other provision of Federal law.

        ‘(C) NO PAYMENT OF COSTS PAID ELSEWHERE- The Secretary is not required to pay the costs of any training approved under subsection (a) to the extent that those costs are paid under any Federal or State program other than this chapter.

        ‘(D) EXCEPTION- The provisions of this paragraph shall not apply to, or take into account, any funds provided under any other provision of Federal law that are used for any purpose other than the direct payment of the costs incurred in training a particular adversely affected worker, even if the use of those funds has the effect of indirectly paying for or reducing any portion of the costs involved in training the adversely affected worker.

      ‘(2) UNEMPLOYMENT ELIGIBILITY- A worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subchapter because the individual is in training approved under subsection (a), because of leaving work which is not suitable employment to enter the training, or because of the application to any week in training of provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work.

      ‘(3) DEFINITION- For purposes of this section the term ‘suitable employment’ means, with respect to a worker, work of a substantially equal or higher skill level than the worker’s past adversely affected employment, and wages for such work at not less than 80 percent of the worker’s average weekly wage.

      ‘(4) PAYMENTS AFTER REEMPLOYMENT-

        ‘(A) IN GENERAL- In the case of an adversely affected worker who secures reemployment, the Secretary may approve and pay the costs of training (or shall continue to pay the costs of training previously approved) for that adversely affected worker, for the completion of the training program or up to 26 weeks, whichever is less, after the date the adversely affected worker becomes reemployed.

        ‘(B) TRADE ADJUSTMENT ALLOWANCE- An adversely affected worker who is reemployed and is undergoing training approved by the Secretary pursuant to subparagraph (A) may continue to receive a trade adjustment allowance, subject to the income offsets provided for in the worker’s State unemployment compensation law in accordance with the provisions of section 237.

      ‘(5) FUNDING- The total amount of payments that may be made under this section for any fiscal year shall not exceed $300,000,000.

‘SEC. 241. JOB SEARCH ALLOWANCES.

    ‘(a) JOB SEARCH ALLOWANCE AUTHORIZED-

      ‘(1) IN GENERAL- An adversely affected worker covered by a certification issued under section 231 may file an application with the Secretary for payment of a job search allowance.

      ‘(2) APPROVAL OF APPLICATIONS- The Secretary may grant an allowance pursuant to an application filed under paragraph (1) when all of the following apply:

        ‘(A) ASSIST ADVERSELY AFFECTED WORKER- The allowance is paid to assist an adversely affected worker who has been totally separated in securing a job within the United States.

        ‘(B) LOCAL EMPLOYMENT NOT AVAILABLE- The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.

        ‘(C) APPLICATION- The worker has filed an application for the allowance with the Secretary before--

          ‘(i) the later of--

            ‘(I) the 365th day after the date of the certification under which the worker is certified as eligible; or

            ‘(II) the 365th day after the date of the worker’s last total separation; or

          ‘(ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under section 235(c).

    ‘(b) AMOUNT OF ALLOWANCE-

      ‘(1) IN GENERAL- An allowance granted under subsection (a) shall provide reimbursement to the worker of 90 percent of the cost of necessary job search expenses as prescribed by the Secretary in regulations.

      ‘(2) MAXIMUM ALLOWANCE- Reimbursement under this subsection may not exceed $1,200 for any worker.

      ‘(3) ALLOWANCE FOR SUBSISTENCE AND TRANSPORTATION- Reimbursement under this subsection may not be made for subsistence and transportation expenses at levels exceeding those allowable under section 240(e).

    ‘(c) EXCEPTION- Notwithstanding subsection (b), the Secretary shall reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Secretary.

‘SEC. 242. RELOCATION ALLOWANCES.

    ‘(a) RELOCATION ALLOWANCE AUTHORIZED-

      ‘(1) IN GENERAL- Any adversely affected worker covered by a certification issued under section 231 may file an application for a relocation allowance with the Secretary, and the Secretary may grant the relocation allowance, subject to the terms and conditions of this section.

      ‘(2) CONDITIONS FOR GRANTING ALLOWANCE- A relocation allowance may be granted if all of the following terms and conditions are met:

        ‘(A) ASSIST AN ADVERSELY AFFECTED WORKER- The relocation allowance will assist an adversely affected worker in relocating within the United States.

        ‘(B) LOCAL EMPLOYMENT NOT AVAILABLE- The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.

        ‘(C) TOTAL SEPARATION- The worker is totally separated from employment at the time relocation commences.

        ‘(D) SUITABLE EMPLOYMENT OBTAINED- The worker--

          ‘(i) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate; or

          ‘(ii) has obtained a bona fide offer of such employment.

        ‘(E) APPLICATION- The worker filed an application with the Secretary before--

          ‘(i) the later of--

            ‘(I) the 425th day after the date of the certification under section 231; or

            ‘(II) the 425th day after the date of the worker’s last total separation; or

          ‘(ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under section 235(c).

    ‘(b) AMOUNT OF ALLOWANCE- The relocation allowance granted to a worker under subsection (a) includes--

      ‘(1) 90 percent of the reasonable and necessary expenses (including, but not limited to, subsistence and transportation expenses at levels not exceeding those allowable under section 240(e)) specified in regulations prescribed by the Secretary, incurred in transporting the worker, the worker’s family, and household effects; and

      ‘(2) a lump sum equivalent to 3 times the worker’s average weekly wage, up to a maximum payment of $1,500.

    ‘(c) LIMITATIONS- A relocation allowance may not be granted to a worker unless--

      ‘(1) the relocation occurs within 182 days after the filing of the application for relocation assistance; or

      ‘(2) the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Secretary under section 240(a).

‘SEC. 243. SUPPORTIVE SERVICES; WAGE INSURANCE.

    ‘(a) SUPPORTIVE SERVICES-

      ‘(1) APPLICATION-

        ‘(A) IN GENERAL- The State may, on behalf of any adversely affected worker or group of workers covered by a certification issued under section 231--

          ‘(i) file an application with the Secretary for services under section 173 of the Workforce Investment Act of 1998 (relating to National Emergency Grants); and

          ‘(ii) provide other services under title I of the Workforce Investment Act of 1998.

        ‘(B) SERVICES- The services available under this paragraph include transportation, child care, and dependent care that are necessary to enable a worker to participate in activities authorized under this chapter.

      ‘(2) CONDITIONS- The Secretary may approve an application filed under paragraph (1)(A)(i) and provide supportive services to an adversely affected worker only if the Secretary determines that all of the following apply:

        ‘(A) NECESSITY- Providing services is necessary to enable the worker to participate in or complete training.

        ‘(B) CONSISTENT WITH WORKFORCE INVESTMENT ACT- The services are consistent with the supportive services provided to participants under the provisions relating to dislocated worker employment and training activities set forth in chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.).

    ‘(b) WAGE INSURANCE PROGRAM-

      ‘(1) IN GENERAL- Not later than 1 year after the date of enactment of the Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities,

and Firms Act of 2002, the Secretary shall establish a Wage Insurance Program under which a State shall use the funds provided to the State for trade adjustment allowances to pay to an adversely affected worker certified under section 231 a wage subsidy of up to 50 percent of the difference between the wages received by the adversely affected worker from reemployment and the wages received by the adversely affected worker at the time of separation for a period not to exceed 2 years.

      ‘(2) AMOUNT OF PAYMENT-

        ‘(A) WAGES UNDER $40,000- If the wages the worker receives from reemployment are less than $40,000 a year, the wage subsidy shall be 50 percent of the difference between the amount of the wages received by the worker from reemployment and the amount of the wages received by the worker at the time of separation.

        ‘(B) WAGES BETWEEN $40,000 AND $50,000- If the wages received by the worker from reemployment are greater than $40,000 a year but less than $50,000 a year, the wage subsidy shall be 25 percent of the difference between the amount of the wages received by the worker from reemployment and the amount of the wages received by the worker at the time of separation.

      ‘(3) ELIGIBILITY- An adversely affected worker may be eligible to receive a wage subsidy under this subsection if the worker--

        ‘(A) enrolls in the Wage Insurance Program;

        ‘(B) obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;

        ‘(C) is at least 50 years of age;

        ‘(D) earns not more than $50,000 a year in wages from reemployment;

        ‘(E) is employed at least 30 hours a week in the reemployment; and

        ‘(F) does not return to the employment from which the worker was separated.

      ‘(4) AMOUNT OF PAYMENTS- The payments made under paragraph (1) to an adversely affected worker may not exceed $10,000 over the 2-year period.

      ‘(5) LIMITATION ON OTHER BENEFITS- At the time a worker begins to receive a wage subsidy under this subsection the worker shall not be eligible to receive any benefits under this Act other than the wage subsidy unless the Secretary determines, pursuant to standards established by the Secretary, that the worker has shown circumstances that warrant eligibility for training benefits under section 240.

    ‘(c) STUDIES OF ASSISTANCE AVAILABLE TO ECONOMICALLY DISTRESSED WORKERS-

      ‘(1) STUDY BY THE GENERAL ACCOUNTING OFFICE-

        ‘(A) IN GENERAL- The Comptroller General of the United States shall conduct a study of all assistance provided by the Federal Government for workers facing job loss and economic distress.

        ‘(B) REPORT- Not later than 1 year after the date of enactment of the Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act of 2002, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the study conducted under subparagraph (A). The report shall include a description of--

          ‘(i) all Federal programs designed to assist workers facing job loss and economic distress, including all benefits and services;

          ‘(ii) eligibility requirements for each of the programs; and

          ‘(iii) procedures for applying for and receiving benefits and services under each of the programs.

        ‘(C) DISTRIBUTION OF GAO REPORT- The report described in subparagraph (B) shall be distributed to all one-stop partners authorized under the Workforce Investment Act of 1998.

      ‘(2) STUDIES BY THE STATES-

        ‘(A) IN GENERAL- Each State may conduct a study of its assistance programs for workers facing job loss and economic distress.

        ‘(B) GRANTS- The Secretary may award to each State a grant, not to exceed $50,000, to enable the State to conduct the study described in subparagraph (A). Each study shall be undertaken in consultation with affected parties.

        ‘(C) REPORT- Not later than 1 year after the date of the grant, each State that receives a grant under subparagraph (B) shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the report described in subparagraph (A).

        ‘(D) DISTRIBUTION OF STATE REPORTS- A report prepared by a State under this paragraph shall be distributed to all the one-stop partners in the State.

‘Subchapter D--Payment and Enforcement Provisions

‘SEC. 244. PAYMENTS TO STATES.

    ‘(a) IN GENERAL- The Secretary, from time to time, shall certify to the Secretary of the Treasury for payment to each cooperating State, the sums necessary to enable that State as agent of the United States to make payments provided for by this chapter.

    ‘(b) LIMITATION ON USE OF FUNDS-

      ‘(1) IN GENERAL- All money paid to a cooperating State under this section shall be used solely for the purposes for which it is paid.

      ‘(2) RETURN OF FUNDS NOT SO USED- Money paid that is not used for the purpose for which it is paid under subsection (a) shall be returned to the Secretary of the Treasury at the time specified in the agreement entered into under section 222.

    ‘(c) SURETY BOND- Any agreement under section 222 may require any officer or employee of the cooperating State certifying payments or disbursing funds under the agreement or otherwise participating in the performance of the agreement, to give a surety bond to the United States in an amount the Secretary deems necessary, and may provide for the payment of the cost of that bond from funds for carrying out the purposes of this chapter.

‘SEC. 245. LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS.

    ‘(a) LIABILITY OF CERTIFYING OFFICIALS- No person designated by the Secretary, or designated pursuant to an agreement entered into under section 222, as a certifying officer, in the absence of gross negligence or intent to defraud the United States, shall be liable with respect to any payment certified by that person under this chapter.

    ‘(b) LIABILITY OF DISBURSING OFFICERS- No disbursing officer, in the absence of gross negligence or intent to defraud the United States, shall be liable with respect to any payment by that officer under this chapter if the payment was based on a voucher signed by a certifying officer designated according to subsection (a).

‘SEC. 246. FRAUD AND RECOVERY OF OVERPAYMENTS.

    ‘(a) IN GENERAL-

      ‘(1) OVERPAYMENT- If a cooperating State, the Secretary, or a court of competent jurisdiction determines that any person has received any payment under this chapter to which the person was not entitled, including a payment referred to in subsection (b), that person shall be liable to repay that amount to the cooperating State or the Secretary, as the case may be.

      ‘(2) EXCEPTION- The cooperating State or the Secretary may waive repayment if the cooperating State or the Secretary determines, in accordance with guidelines prescribed by the Secretary, that all of the following apply:

        ‘(A) NO FAULT- The payment was made without fault on the part of the person.

        ‘(B) REPAYMENT CONTRARY TO EQUITY- Requiring repayment would be contrary to equity and good conscience.

      ‘(3) PROCEDURE FOR RECOVERY-

        ‘(A) RECOVERY FROM OTHER ALLOWANCES AUTHORIZED- Unless an overpayment is otherwise recovered or waived under paragraph (2), the cooperating State or the Secretary shall recover the overpayment by deductions from any sums payable to that person under this chapter, under any Federal unemployment compensation law administered by the cooperating State or the Secretary, or under any other Federal law administered by the cooperating State or the Secretary that provides for the payment of assistance or an allowance with respect to unemployment.

        ‘(B) RECOVERY FROM STATE ALLOWANCES AUTHORIZED- Notwithstanding any other provision of Federal or State law, the Secretary may require a cooperating State to recover any overpayment under this chapter by deduction from any unemployment insurance payable to that person under State law, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable.

    ‘(b) INELIGIBILITY FOR FURTHER PAYMENTS- Any person, in addition to any other penalty provided by law, shall be ineligible for any further payments under this chapter if a cooperating State, the Secretary, or a court of competent jurisdiction determines that one of the following applies:

      ‘(1) FALSE STATEMENT- The person knowingly made, or caused another to make, a false statement or representation of a material fact, and as a result of the false statement or representation, the person received any payment under this chapter to which the person was not entitled.

      ‘(2) FAILURE TO DISCLOSE- The person knowingly failed, or caused another to fail, to disclose a material fact, and as a result of the nondisclosure, the person received any payment under this chapter to which the person was not entitled.

    ‘(c) HEARING- Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a) by the cooperating State or the Secretary, as the case may be, has been made, notice of the determination and an opportunity for a fair hearing has been given to the person concerned, and the determination has become final.

    ‘(d) RECOVERED FUNDS- Any amount recovered under this section shall be returned to the Treasury of the United States.

‘SEC. 247. CRIMINAL PENALTIES.

    ‘Whoever 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 under this chapter or pursuant to an agreement under section 222 shall be fined not more than $10,000, imprisoned for not more than 1 year, or both.

‘SEC. 248. AUTHORIZATION OF APPROPRIATIONS.

    ‘There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001, and ending September 30, 2006, such sums as may be necessary to carry out the purposes of this chapter. Amounts appropriated under this section shall remain available until expended.

‘SEC. 249. REGULATIONS.

    ‘The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this chapter.

‘SEC. 250. SUBPOENA POWER.

    ‘(a) IN GENERAL- The Secretary may require by subpoena the attendance of witnesses and the production of evidence necessary to make a determination under the provisions of this chapter.

    ‘(b) COURT ORDER- If a person refuses to obey a subpoena issued under subsection (a), a competent United States district court, upon petition by the Secretary, may issue an order requiring compliance with such subpoena.’.

SEC. 102. DISPLACED WORKER SELF-EMPLOYMENT TRAINING PILOT PROGRAM.

    (a) ESTABLISHMENT- Not later than 6 months after the date of enactment of this Act, the Administrator of the

Small Business Administration (in this section referred to as the ‘Administrator’) shall establish a self-employment training program (in this section referred to as the ‘Program’) for adversely affected workers (as defined in chapter 2 of title II of the Trade Act of 1974), to be administered by the Small Business Administration.

    (b) ELIGIBILITY FOR ASSISTANCE- If an adversely affected worker seeks or receives assistance through the Program, such action shall not affect the eligibility of that worker to receive benefits under chapter 2 of title II of the Trade Act of 1974.

    (c) TRAINING ASSISTANCE- The Program shall include, at a minimum, training in--

      (1) pre-business startup planning;

      (2) awareness of basic credit practices and credit requirements; and

      (3) developing business plans, financial packages, and credit applications.

    (d) OUTREACH- The Program should include outreach to adversely affected workers and counseling and lending partners of the Small Business Administration.

    (e) REPORTS TO CONGRESS- Beginning not later than 180 days after the date of enactment of this Act, the Administrator shall submit quarterly reports to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the implementation of the Program, including Program delivery, staffing, and administrative expenses related to such implementation.

    (f) GUIDELINES- Not later than 180 days after the date of enactment of this Act, the Administrator, shall issue such guidelines as the Administrator determines to be necessary to carry out the Program.

    (g) EFFECTIVE DATE- The Program shall terminate 3 years after the date of final publication of guidelines under subsection (f).

TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

SEC. 201. REAUTHORIZATION OF PROGRAM.

    (a) IN GENERAL- Section 256(b) of chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended to read as follows:

    ‘(b) There are authorized to be appropriated to the Secretary $16,000,000 for each of fiscal years 2002 through 2006, to carry out the Secretary’s functions under this chapter in connection with furnishing adjustment assistance to firms. Amounts appropriated under this subsection shall remain available until expended.’.

    (b) ELIGIBILITY CRITERIA- Section 251(c) of chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341(c)(1)) is amended--

      (1) in paragraph (1), by striking subparagraphs (B) and (C) and inserting the following:

      ‘(B) increases in value or volume of imports of articles like or directly competitive with articles which are produced by such firm contributed importantly to such total or partial separation, or threat thereof, or

      ‘(C) a shift in production by the workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by that firm or subdivision contributed importantly to the workers’ separation or threat of separation.’; and

      (2) in paragraph (2), by striking ‘paragraph (1)(C)’ and inserting ‘subparagraphs (B) and (C) of paragraph (1)’.

TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

SEC. 301. PURPOSE.

    The purpose of this title is to assist communities with economic adjustment through the integration of political and economic organizations, the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the provision of economic transition assistance.

SEC. 302. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

    Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is amended to read as follows:

‘CHAPTER 4--COMMUNITY ECONOMIC ADJUSTMENT

‘SEC. 271. DEFINITIONS.

    ‘In this chapter:

      ‘(1) CIVILIAN LABOR FORCE- The term ‘civilian labor force’ has the meaning given that term in regulations prescribed by the Secretary of Labor.

      ‘(2) COMMUNITY- The term ‘community’ means a county or equivalent political subdivision of a State.

        ‘(A) RURAL COMMUNITY- The term ‘rural community’ means a community that has a rural-urban continuum code of 4 through 9.

        ‘(B) URBAN COMMUNITY- The term ‘urban community’ means a community that has a rural-urban continuum code of 0 through 3.

      ‘(3) COMMUNITY ECONOMIC DEVELOPMENT COORDINATING COMMITTEE- The term ‘Community Economic Development Coordinating Committee’ means a community group established under section 274 that consists of major groups significantly affected by an increase in imports or a shift in production, including local, regional, tribal, and State governments, regional councils of governments and economic development, and business, labor, education, health, religious, and other community-based organizations.

      ‘(4) DIRECTOR- The term ‘Director’ means the Director of the Office of Community Trade Adjustment.

      ‘(5) ELIGIBLE COMMUNITY- The term ‘eligible community’ means a community certified under section 273 as eligible for assistance under this chapter.

      ‘(6) JOB LOSS- The term ‘job loss’ means the total or partial separation of an individual, as those terms are defined in section 221.

      ‘(7) OFFICE- The term ‘Office’ means the Office of Community Trade Adjustment established under section 272.

      ‘(8) RURAL-URBAN CONTINUUM CODE- The term ‘rural-urban continuum code’ means a code assigned to a community according to the rural-urban

continuum code system, as defined by the Economic Research Service of the Department of Agriculture.

      ‘(9) SECRETARY- The term ‘Secretary’ means the Secretary of Commerce.

‘SEC. 272. OFFICE OF COMMUNITY TRADE ADJUSTMENT.

    ‘(a) ESTABLISHMENT- Within 6 months of the date of enactment of the Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act of 2002, there shall be established in the Economic Development Administration of the Department of Commerce an Office of Community Trade Adjustment.

    ‘(b) PERSONNEL- The Office shall be headed by a Director, and shall have such staff as may be necessary to carry out the responsibilities described in this chapter.

    ‘(c) COORDINATION OF FEDERAL RESPONSE- The Office shall--

      ‘(1) provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible communities;

      ‘(2) establish an easily accessible, one-stop clearinghouse for States and eligible communities to obtain information regarding economic development assistance available under Federal law;

      ‘(3) coordinate the Federal response to an eligible community--

        ‘(A) by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress;

        ‘(B) by ensuring that all Federal agencies offering assistance to an eligible community do so in a targeted, integrated manner that ensures that an eligible community has access to all available Federal assistance;

        ‘(C) by assuring timely consultation and cooperation between Federal, State, and regional officials concerning community economic adjustment;

        ‘(D) by identifying and strengthening existing agency mechanisms designed to assist communities in economic adjustment and workforce reemployment;

        ‘(E) by applying consistent policies, practices, and procedures in the administration of Federal programs that are used to assist communities adversely impacted by an increase in imports or a shift in production;

        ‘(F) by creating, maintaining, and using a uniform economic database to analyze community adjustment activities; and

        ‘(G) by assigning a community economic adjustment advisor to work with each eligible community;

      ‘(4) provide comprehensive technical assistance to any eligible community in the efforts of that community to--

        ‘(A) identify serious economic problems in the community that result from an increase in imports or shift in production;

        ‘(B) integrate the major groups and organizations significantly affected by the economic adjustment;

        ‘(C) organize a Community Economic Development Coordinating Committee;

        ‘(D) access Federal, State, and local resources designed to assist in economic development and trade adjustment assistance;

        ‘(E) diversify and strengthen the community economy; and

        ‘(F) develop a community-based strategic plan to address workforce dislocation and economic development;

      ‘(5) establish specific criteria for submission and evaluation of a strategic plan submitted under section 276(d);

      ‘(6) administer the grant programs established under sections 276 and 277; and

      ‘(7) establish an interagency Trade Adjustment Assistance Working Group, consisting of the representatives of any Federal department or agency with responsibility for economic adjustment assistance, including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the Department of Commerce, the Office of the United States Trade Representative, and the National Economic Council.

    ‘(d) WORKING GROUP- The working group established under subsection (c)(7) shall examine other options for addressing trade impacts on communities, such as:

      ‘(1) Seeking legislative language directing the Foreign Trade Zone (‘FTZ’) Board to expedite consideration of FTZ applications from communities or businesses that have been found eligible for trade adjustment assistance.

      ‘(2) Seeking legislative language to make new markets tax credits available in communities impacted by trade.

      ‘(3) Seeking legislative language to make work opportunity tax credits available for hiring unemployed workers who are certified eligible for trade adjustment assistance.

      ‘(4) Examining ways to assist trade impacted rural communities and industries take advantage of the Department of Agriculture’s rural development program.

‘SEC. 273. NOTIFICATION AND CERTIFICATION AS AN ELIGIBLE COMMUNITY.

    ‘(a) NOTIFICATION- The Secretary of Labor, not later than 15 days after making a determination that a group of workers is eligible for trade adjustment assistance under section 231, shall notify the Governor of the State in which the community in which the worker’s firm is located and the Director, of the Secretary’s determination.

    ‘(b) CERTIFICATION- Not later than 30 days after notification by the Secretary of Labor described in subsection (a), the Director shall certify as eligible for assistance under this chapter a community in which 1 of the following conditions applies:

      ‘(1) NUMBER OF JOB LOSSES- The Director shall certify that a community is eligible for assistance under this chapter if--

        ‘(A) in an urban community, at least 500 workers have been certified for assistance under section 231 in the most recent 36-month period preceding the date of certification under this section for which data are available; or

        ‘(B) in a rural community, at least 300 workers have been certified for assistance under section 231 in the most recent 36-month period preceding the date of certification under this section for which data are available.

      ‘(2) PERCENT OF WORKFORCE UNEMPLOYED- The Director shall certify that a community is eligible for assistance under this chapter if the unemployment rate for the community is at least 1 percent greater than the national unemployment rate for the most recent 12-month period for which data are available.

    ‘(c) NOTIFICATION TO ELIGIBLE COMMUNITIES- Not later than 15 days after the Director certifies a community as eligible under subsection (b), the Director shall notify the community--

      ‘(1) of its determination under subsection (b);

      ‘(2) of the provisions of this chapter;

      ‘(3) how to access the clearinghouse established under section 272(c)(2); and

      ‘(4) how to obtain technical assistance provided under section 272(c)(4).

‘SEC. 274. COMMUNITY ECONOMIC DEVELOPMENT COORDINATING COMMITTEE.

    ‘(a) ESTABLISHMENT- In order to apply for and receive benefits under this chapter, an eligible community shall establish a Community Economic Development Coordinating Committee certified by the Director as meeting the requirements of subsection (b)(1).

    ‘(b) COMPOSITION OF THE COMMITTEE-

      ‘(1) LOCAL PARTICIPATION- The Community Economic Development Coordinating Committee established by an eligible community under subsection (a) shall include representatives of those groups significantly affected by economic dislocation, such as local, regional, tribal, and State governments, regional councils of governments and economic development, business, labor, education, health organizations, religious, and other community-based groups providing assistance to workers, their families, and communities.

      ‘(2) FEDERAL PARTICIPATION- Pursuant to section 275(b)(3), the community economic adjustment advisor, assigned by the Director to assist an eligible community, shall serve as an ex officio member of the Community Economic Development Coordinating Committee, and shall arrange for participation by representatives of other Federal agencies on that Committee as necessary.

      ‘(3) EXISTING ORGANIZATION- An eligible community may designate an existing organization in that community as the Community Economic Development Coordinating Committee if that organization meets the requirements of paragraph (1) for the purposes of this chapter.

    ‘(c) DUTIES- The Community Economic Development Coordinating Committee shall--

      ‘(1) ascertain the severity of the community economic adjustment required as a result of the increase in imports or shift in production;

      ‘(2) assess the capacity of the community to respond to the required economic adjustment and the needs of the community as it undertakes economic adjustment, taking into consideration such factors as the number of jobs lost, the size of the community, the diversity of industries, the skills of the labor force, the condition of the current labor market, the availability of financial resources, the quality and availability of educational facilities, the adequacy and availability of public services, and the existence of a basic and advanced infrastructure in the community;

      ‘(3) facilitate a dialogue between concerned interests in the community, represent the impacted community, and ensure all interests in the community work collaboratively toward collective goals without duplication of effort or resources;

      ‘(4) oversee the development of a strategic plan for community economic development, taking into consideration the factors mentioned under paragraph (2), and consistent with the criteria established by the Secretary for the strategic plan developed under section 276;

      ‘(5) create an executive council of members of the Community Economic Development Coordinating Committee to promote the strategic plan within the community and ensure coordination and cooperation among all stakeholders; and

      ‘(6) apply for any grant, loan, or loan guarantee available under Federal law to develop or implement the strategic plan, and be an eligible recipient for funding for economic adjustment for that community.

‘SEC. 275. COMMUNITY ECONOMIC ADJUSTMENT ADVISORS.

    ‘(a) IN GENERAL- Pursuant to section 272(c)(3)(G), the Director shall assign a community economic adjustment advisor to each eligible community.

    ‘(b) DUTIES- The community economic adjustment advisor shall--

      ‘(1) provide technical assistance to the eligible community, assist in the development and implementation of a strategic plan, including applying for any grant available under this or any other Federal law to develop or implement that plan;

      ‘(2) at the local and regional level, coordinate the response of all Federal agencies offering assistance to the eligible community;

      ‘(3) serve as an ex officio member of the Community Economic Development Coordinating Committee established by an eligible community under section 274;

      ‘(4) act as liaison between the Community Economic Development Coordinating Committee established by the eligible community and all other Federal agencies that offer assistance to eligible communities, including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Labor, the Department of Housing

and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the National Economic Council, and other offices or agencies of the Department of Commerce;

      ‘(5) report regularly to the Director regarding the progress of development activities in the community to which the community economic adjustment advisor is assigned; and

      ‘(6) perform other duties as directed by the Secretary or the Director.

‘SEC. 276. STRATEGIC PLANS.

    ‘(a) IN GENERAL- With the assistance of the community economic adjustment advisor, an eligible community may develop a strategic plan for community economic adjustment and diversification.

    ‘(b) REQUIREMENTS FOR STRATEGIC PLAN- A strategic plan shall contain, at a minimum, the following:

      ‘(1) A description and justification of the capacity for economic adjustment, including the method of financing to be used, the anticipated management structure of the Community Economic Development Coordinating Committee, and the commitment of the community to the strategic plan over the long term.

      ‘(2) A description of, and a plan to accomplish, the projects to be undertaken by the eligible community.

      ‘(3) A description of how the plan and the projects to be undertaken by the eligible community will lead to job creation and job retention in the community.

      ‘(4) A description of any alternative development plans that were considered, particularly less costly alternatives, and why those plans were rejected in favor of the proposed plan.

      ‘(5) A description of any additional steps the eligible community will take to achieve economic adjustment and diversification, including how the plan and the projects will contribute to establishing or maintaining a level of public services necessary to attract and retain economic investment.

      ‘(6) A description and justification for the cost and timing of proposed basic and advanced infrastructure improvements in the eligible community.

      ‘(7) A description of the occupational and workforce conditions in the eligible community, including but not limited to existing levels of workforce skills and competencies, and educational programs available for workforce training and future employment needs.

      ‘(8) A description of how the plan will adapt to changing markets, business cycles, and other variables.

      ‘(9) A graduation strategy through which the eligible community demonstrates that the community will terminate the need for Federal assistance.

    ‘(c) GRANTS TO DEVELOP STRATEGIC PLANS-

      ‘(1) IN GENERAL- The Director, upon receipt of an application from a Community Economic Development Coordinating Committee on behalf of an eligible community, shall award a grant to that community to be used to develop the strategic plan.

      ‘(2) AMOUNT- The amount of a grant made under paragraph (1) shall be determined by the Secretary, but may not exceed $50,000 to each community.

      ‘(3) LIMIT- Each community can only receive 1 grant under this subsection for the purpose of developing a strategic plan in any 5-year period.

    ‘(d) SUBMISSION OF PLAN- A strategic plan developed under subsection (a) shall be submitted to the Director for evaluation and approval.

‘SEC. 277. GRANTS FOR ECONOMIC DEVELOPMENT.

    ‘The Director, upon receipt of an application from the Community Economic Development Coordinating Committee on behalf of an eligible community, may award a grant to that community to carry out any project or program included in the strategic plan approved under section 276(d) that--

      ‘(1) will be located in, or will create or preserve high-wage jobs, in that eligible community; and

      ‘(2) implements the strategy of that eligible community to create high-wage jobs in sectors that are expected to expand, including projects that--

        ‘(A) encourage industries to locate in that eligible community, if such funds are not used to encourage the relocation of any employer in a manner that causes the dislocation of employees of that employer at another facility in the United States;

        ‘(B) leverage resources to create or improve Internet or telecommunications capabilities to make the community more attractive for business;

        ‘(C) establish a funding pool for job creation through entrepreneurial activities;

        ‘(D) assist existing firms in that community to restructure or retool to become more competitive in world markets and prevent job loss; or

        ‘(E) assist the community in acquiring the resources and providing the level of public services necessary to meet the objectives set out in the strategic plan.

‘SEC. 278. AUTHORIZATION OF APPROPRIATIONS.

    ‘There are authorized to be appropriated to the Department of Commerce, for the period beginning October 1, 2001, and ending September 30, 2006, such sums as may be necessary to carry out the purposes of this chapter.

‘SEC. 279. GENERAL PROVISIONS.

    ‘(a) REPORT BY THE DIRECTOR- Not later than 6 months after the date of enactment of the Trade Adjustment Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act of 2002, and annually thereafter, the Director shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report regarding the programs established under this title.

    ‘(b) REGULATIONS- The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this chapter.

    ‘(c) SUPPLEMENT NOT SUPPLANT- Funds appropriated under this chapter shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities.’.

TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

    (a) IN GENERAL- Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) is amended by adding at the end the following new chapter:

‘CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS

‘SEC. 291. DEFINITIONS.

    ‘In this chapter:

      ‘(1) AGRICULTURAL COMMODITY- The term ‘agricultural commodity’ means any agricultural commodity (including livestock), except fish as defined in section 299(1) of this Act, in its raw or natural state.

      ‘(2) AGRICULTURAL COMMODITY PRODUCER- The term ‘agricultural commodity producer’ means any person who is engaged in the production and sale of an agricultural commodity in the United States and who owns or shares the ownership and risk of loss of the agricultural commodity, except any person described in section 299(2) of this Act.

      ‘(3) CONTRIBUTED IMPORTANTLY-

        ‘(A) IN GENERAL- The term ‘contributed importantly’ means a cause which is important but not necessarily more important than any other cause.

        ‘(B) DETERMINATION OF CONTRIBUTED IMPORTANTLY- The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which a petition under this chapter was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary.

      ‘(4) DULY AUTHORIZED REPRESENTATIVE- The term ‘duly authorized representative’ means an association of agricultural commodity producers.

      ‘(5) NATIONAL AVERAGE PRICE- The term ‘national average price’ means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary.

      ‘(6) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.

‘SEC. 292. PETITIONS; GROUP ELIGIBILITY.

    ‘(a) IN GENERAL- A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.

    ‘(b) HEARINGS- If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested person an opportunity to be present, to produce evidence, and to be heard.

    ‘(c) GROUP ELIGIBILITY REQUIREMENTS- The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this chapter if the Secretary determines--

      ‘(1) that the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; and

      ‘(2) that increases in 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 described in paragraph (1).

    ‘(d) SPECIAL RULE FOR QUALIFIED SUBSEQUENT YEARS- A group of agricultural commodity producers certified as eligible under section 293 shall be eligible to apply for assistance under this chapter in any qualified year after the year the group is first certified, if the Secretary determines that--

      ‘(1) the national average price for the agricultural commodity, or class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is equal to or less than the price determined under subsection (c)(1); and

      ‘(2) the requirements of subsection (c)(2) are met.

    ‘(e) DETERMINATION OF QUALIFIED YEAR AND COMMODITY- In this chapter:

      ‘(1) QUALIFIED YEAR- The term ‘qualified year’, with respect to a group of agricultural commodity producers certified as eligible under section 293, means each consecutive year after the year in which the group is certified that the Secretary makes the determination under subsection (c) or (d), as the case may be.

      ‘(2) CLASSES OF GOODS WITHIN A COMMODITY- In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and section 296.

‘SEC. 293. DETERMINATIONS BY SECRETARY OF AGRICULTURE.

    ‘(a) IN GENERAL- As soon as practicable after the date on which a petition is filed under section 292, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 292 (c) or (d), as the case may be, and shall, if the group meets the requirements, issue a certification of eligibility to apply for assistance under this chapter covering agricultural commodity producers in any group that meets the requirements. Each certification shall

specify the date on which eligibility under this chapter begins.

    ‘(b) NOTICE- Upon making 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 the determination.

    ‘(c) TERMINATION OF CERTIFICATION- Whenever the Secretary determines, with respect to any certification of eligibility under this chapter, that the decline in price for the agricultural commodity covered by the certification is no longer attributable to the conditions described in section 292, the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register, together with the Secretary’s reasons for making such determination.

‘SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION.

    ‘(a) IN GENERAL- Whenever the International Trade Commission (in this chapter referred to as the ‘Commission’) begins an investigation under section 202 with respect to an agricultural commodity, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall immediately conduct a study of--

      ‘(1) the number of agricultural commodity producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this chapter, and

      ‘(2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs.

    ‘(b) REPORT- Not later than 15 days after the day on which the Commission makes its report under section 202(f), the Secretary shall submit a report to the President setting forth the findings of the study under subsection (a). Upon making his report to the President, the Secretary shall also promptly make the report public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.

‘SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS.

    ‘(a) IN GENERAL- The Secretary shall provide full information to producers about the benefit allowances, training, and other employment services available under this title and about the petition and application procedures, and the appropriate filing dates, for such allowances, training, and services. The Secretary shall provide whatever assistance is necessary to enable groups to prepare petitions or applications for program benefits under this title.

    ‘(b) NOTICE OF BENEFITS-

      ‘(1) IN GENERAL- The Secretary shall mail written notice of the benefits available under this chapter to each agricultural commodity producer that the Secretary has reason to believe is covered by a certification made under this chapter.

      ‘(2) OTHER NOTICE- The Secretary shall publish notice of the benefits available under this chapter to agricultural commodity producers that are covered by each certification made under this chapter in newspapers of general circulation in the areas in which such producers reside.

      ‘(3) OTHER FEDERAL ASSISTANCE- The Secretary shall also provide information concerning procedures for applying for and receiving all other Federal assistance and services available to workers facing economic distress.

‘SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY PRODUCERS.

    ‘(a) IN GENERAL- Payment of a trade adjustment allowance shall be made to an adversely affected agricultural commodity producer covered by a certification under this chapter who files an application for such allowance within 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under section 293, if the following conditions are met:

      ‘(1) The producer submits to the Secretary sufficient information to establish the amount of agricultural commodity covered by the application filed under subsection (a) that was produced by the producer in the most recent year.

      ‘(2) The producer certifies that the producer has not received cash benefits under any provision of this title other than this chapter.

      ‘(3) The producer’s net farm income (as determined by the Secretary) for the most recent year is less than the producer’s net farm income for the latest year in which no adjustment assistance was received by the producer under this chapter.

      ‘(4) The producer certifies that the producer has met with an Extension Service employee or agent to obtain, at no cost to the producer, information and technical assistance that will assist the producer in adjusting to import competition with respect to the adversely affected agricultural commodity, including--

        ‘(A) information regarding the feasibility and desirability of substituting 1 or more alternative commodities for the adversely affected agricultural commodity; and

        ‘(B) technical assistance that will improve the competitiveness of the production and marketing of the adversely affected agricultural commodity by the producer, including yield and marketing improvements.

    ‘(b) AMOUNT OF CASH BENEFITS-

      ‘(1) 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 in an amount equal to the product of--

        ‘(A) one-half of the difference between--

          ‘(i) 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

          ‘(ii) the national average price of the agricultural commodity for the most recent marketing year, and

        ‘(B) the amount of the agricultural commodity produced by the agricultural commodity producer in the most recent marketing year.

      ‘(2) SPECIAL RULE FOR SUBSEQUENT QUALIFIED YEARS- The amount of cash benefits for a qualified year shall be determined in the same manner as cash benefits are determined under paragraph (1) except that the average national price of the agricultural commodity shall be determined under paragraph (1)(A)(i) by using the 5-marketing-year period used to determine the amount of cash benefits for the first certification.

    ‘(c) MAXIMUM AMOUNT OF CASH ASSISTANCE- The maximum amount of cash benefits an agricultural commodity producer may receive in any 12-month period shall not exceed $10,000.

    ‘(d) LIMITATIONS ON OTHER ASSISTANCE- An agricultural commodity producer entitled to receive a cash benefit under this chapter--

      ‘(1) shall not be eligible for any other cash benefit under this title, and

      ‘(2) shall be entitled to employment services and training benefits under part III of subchapter C of chapter 2.

‘SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.

    ‘(a) IN GENERAL-

      ‘(1) REPAYMENT- If the Secretary, or a court of competent jurisdiction, determines that any person has received any payment under this chapter to which the person was not entitled, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that--

        ‘(A) the payment was made without fault on the part of such person; and

        ‘(B) requiring such repayment would be contrary to equity and good conscience.

      ‘(2) RECOVERY OF OVERPAYMENT- Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this chapter.

    ‘(b) FALSE STATEMENT- A person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this chapter--

      ‘(1) if the Secretary, or a court of competent jurisdiction, determines that the person--

        ‘(A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or

        ‘(B) knowingly has failed, or caused another to fail, to disclose a material fact; and

      ‘(2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this chapter to which the person was not entitled.

    ‘(c) NOTICE AND DETERMINATION- Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determination has become final.

    ‘(d) PAYMENT TO TREASURY- Any amount recovered under this section shall be returned to the Treasury of the United States.

    ‘(e) PENALTIES- Whoever 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 himself or for any other person any payment authorized to be furnished under this chapter shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both.

‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

    ‘(a) IN GENERAL- There are authorized to be appropriated and there are appropriated to the Department of Agriculture not to exceed $90,000,000 for each of the fiscal years 2002 through 2006 to carry out the purposes of this chapter.

    ‘(b) PROPORTIONATE REDUCTION- If in any year, the amount appropriated under this chapter is insufficient to meet the requirements for adjustment assistance payable under this chapter, the amount of assistance payable under this chapter shall be reduced proportionately.’.

    (b) EFFECTIVE DATE- The amendments made by this title shall take effect on the date that is 180 days after the date of enactment of this Act.

TITLE V--TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN

SEC. 501. TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN.

    (a) IN GENERAL- Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), as amended by title IV of this Act, is amended by adding at the end the following new chapter:

‘CHAPTER 7--ADJUSTMENT ASSISTANCE FOR FISHERMEN

‘SEC. 299. DEFINITIONS.

    ‘In this chapter:

      ‘(1) COMMERCIAL FISHING, FISH, FISHERY, FISHING, FISHING VESSEL, PERSON, AND UNITED STATES FISH PROCESSOR- The terms ‘commercial fishing’, ‘fish’, ‘fishery’, ‘fishing’, ‘fishing vessel’, ‘person’, and ‘United States fish processor’ have the same meanings as such terms have in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

      ‘(2) PRODUCER- The term ‘producer’ means any person who--

        ‘(A) is engaged in commercial fishing; or

        ‘(B) is a United States fish processor.

      ‘(3) CONTRIBUTED IMPORTANTLY-

        ‘(A) IN GENERAL- The term ‘contributed importantly’ means a cause which is important but not necessarily more important than any other cause.

        ‘(B) DETERMINATION OF CONTRIBUTED IMPORTANTLY- The determination of whether imports of articles like or directly competitive with a fish caught through commercial fishing or

processed by a United States fish processor with respect to which a petition under this chapter was filed contributed importantly to a decline in the price of the fish shall be made by the Secretary.

      ‘(4) DULY AUTHORIZED REPRESENTATIVE- The term ‘duly authorized representative’ means an association of producers.

      ‘(5) NATIONAL AVERAGE PRICE- The term ‘national average price’ means the national average price paid to a producer for fish in a marketing year as determined by the Secretary.

      ‘(6) SECRETARY- The term ‘Secretary’ means the Secretary of Commerce.

      ‘(7) TRADE ADJUSTMENT ASSISTANCE CENTER- The term ‘Trade Adjustment Assistance Center’ shall have the same meaning as such term has in section 253.

‘SEC. 299A. PETITIONS; GROUP ELIGIBILITY.

    ‘(a) IN GENERAL- A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary by a group of producers or by their duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.

    ‘(b) HEARINGS- If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested person an opportunity to be present, to produce evidence, and to be heard.

    ‘(c) GROUP ELIGIBILITY REQUIREMENTS- The Secretary shall certify a group of producers as eligible to apply for adjustment assistance under this chapter if the Secretary determines--

      ‘(1) that the national average price for the fish, or a class of fish, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such fish, or such class of fish, for the 5 marketing years preceding the most recent marketing year; and

      ‘(2) that increases in imports of articles like or directly competitive with the fish, or class of fish, produced by the group contributed importantly to the decline in price described in paragraph (1).

    ‘(d) SPECIAL RULE FOR QUALIFIED SUBSEQUENT YEARS- A group of producers certified as eligible under section 299B shall be eligible to apply for assistance under this chapter in any qualified year after the year the group is first certified, if the Secretary determines that--

      ‘(1) the national average price for the fish, or class of fish, produced by the group for the most recent marketing year for which the national average price is available is equal to or less than the price determined under subsection (c)(1); and

      ‘(2) the requirements of subsection (c)(2) are met.

    ‘(e) DETERMINATION OF QUALIFIED YEAR AND COMMODITY- In this chapter:

      ‘(1) QUALIFIED YEAR- The term ‘qualified year’, with respect to a group of producers certified as eligible under section 299B, means each consecutive year after the year in which the group is certified that the Secretary makes the determination under subsection (c) or (d), as the case may be.

      ‘(2) CLASSES OF GOODS WITHIN A COMMODITY- In any case in which there are separate classes of fish, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and section 299E.

‘SEC. 299B. DETERMINATIONS BY SECRETARY.

    ‘(a) IN GENERAL- As soon as practicable after the date on which a petition is filed under section 299A, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 299A (c) or (d), as the case may be, and shall, if the group meets the requirements, issue a certification of eligibility to apply for assistance under this chapter covering producers in any group that meets the requirements. Each certification shall specify the date on which eligibility under this chapter begins.

    ‘(b) NOTICE- Upon making 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 the determination.

    ‘(c) TERMINATION OF CERTIFICATION- Whenever the Secretary determines, with respect to any certification of eligibility under this chapter, that the decline in price for the fish covered by the certification is no longer attributable to the conditions described in section 299A, the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register, together with the Secretary’s reasons for making such determination.

‘SEC. 299C. STUDY BY SECRETARY WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION.

    ‘(a) IN GENERAL- Whenever the International Trade Commission (in this chapter referred to as the ‘Commission’) begins an investigation under section 202 with respect to a fish, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall immediately conduct a study of--

      ‘(1) the number of producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this chapter, and

      ‘(2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs.

    ‘(b) REPORT- Not later than 15 days after the day on which the Commission makes its report under section 202(f), the Secretary shall submit a report to the President setting forth the findings of the study under subsection (a). Upon making his report to the President, the Secretary shall also promptly make the report public (with the exception of information which the Secretary determines to be

confidential) and shall have a summary of it published in the Federal Register.

‘SEC. 299D. BENEFIT INFORMATION TO PRODUCERS.

    ‘(a) IN GENERAL- The Secretary shall provide full information to producers about the benefit allowances, training, and other employment services available under this title and about the petition and application procedures, and the appropriate filing dates, for such allowances, training, and services. The Secretary shall provide whatever assistance is necessary to enable groups to prepare petitions or applications for program benefits under this title.

    ‘(b) NOTICE OF BENEFITS-

      ‘(1) IN GENERAL- The Secretary shall mail written notice of the benefits available under this chapter to each producer that the Secretary has reason to believe is covered by a certification made under this chapter.

      ‘(2) OTHER NOTICE- The Secretary shall publish notice of the benefits available under this chapter to producers that are covered by each certification made under this chapter in newspapers of general circulation in the areas in which such producers reside.

‘SEC. 299E. QUALIFYING REQUIREMENTS FOR PRODUCERS.

    ‘(a) IN GENERAL- Payment of a trade adjustment allowance shall be made to an adversely affected producer covered by a certification under this chapter who files an application for such allowance within 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under section 299B, if the following conditions are met:

      ‘(1) The producer submits to the Secretary sufficient information to establish the amount of fish covered by the application filed under subsection (a) that was produced by the producer in the most recent year.

      ‘(2) The producer certifies that the producer has not received cash benefits under any provision of this title other than this chapter.

      ‘(3) The producer’s net fishing or processing income (as determined by the Secretary) for the most recent year is less than the producer’s net fishing or processing income for the latest year in which no adjustment assistance was received by the producer under this chapter.

      ‘(4) The producer certifies that--

        ‘(A) the producer has met with an employee or agent from a Trade Adjustment Assistance Center to obtain, at no cost to the producer, information and technical assistance that will assist the producer in adjusting to import competition with respect to the adversely affected fish, including--

          ‘(i) information regarding the feasibility and desirability of substituting 1 or more alternative fish for the adversely affected fish; and

          ‘(ii) technical assistance that will improve the competitiveness of the production and marketing of the adversely affected fish by the producer, including yield and marketing improvements; and

        ‘(B) none of the benefits will be used to purchase, lease, or finance any new fishing vessel, add capacity to any fishery, or otherwise add to the overcapitalization of any fishery.

    ‘(b) AMOUNT OF CASH BENEFITS-

      ‘(1) IN GENERAL- Subject to the provisions of section 299G, an adversely affected producer described in subsection (a) shall be entitled to adjustment assistance under this chapter in an amount equal to the product of--

        ‘(A) one-half of the difference between--

          ‘(i) an amount equal to 80 percent of the average of the national average price of the fish covered by the application described in subsection (a) for the 5 marketing years preceding the most recent marketing year; and

          ‘(ii) the national average price of the fish for the most recent marketing year; and

        ‘(B) the amount of the fish produced by the producer in the most recent marketing year.

      ‘(2) SPECIAL RULE FOR SUBSEQUENT QUALIFIED YEARS- The amount of cash benefits for a qualified year shall be determined in the same manner as cash benefits are determined under paragraph (1) except that the average national price of the fish shall be determined under paragraph (1)(A)(i) by using the 5-marketing-year period used to determine the amount of cash benefits for the first certification. A producer shall only be eligible for benefits for subsequent qualified years if the Secretary or his designee determines that sufficient progress has been made implementing the plans developed under section 299E(a)(4) of this title.

    ‘(c) MAXIMUM AMOUNT OF CASH ASSISTANCE- The maximum amount of cash benefits a producer may receive in any 12-month period shall not exceed $10,000.

    ‘(d) LIMITATIONS ON OTHER ASSISTANCE- A producer entitled to receive a cash benefit under this chapter--

      ‘(1) shall not be eligible for any other cash benefit under this title, and

      ‘(2) shall be entitled to employment services and training benefits under part III of subchapter C of chapter 2.

‘SEC. 299F. FRAUD AND RECOVERY OF OVERPAYMENTS.

    ‘(a) IN GENERAL-

      ‘(1) REPAYMENT- If the Secretary, or a court of competent jurisdiction, determines that any person has received any payment under this chapter to which the person was not entitled, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that--

        ‘(A) the payment was made without fault on the part of such person; and

        ‘(B) requiring such repayment would be contrary to equity and good conscience.

      ‘(2) RECOVERY OF OVERPAYMENT- Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this chapter.

    ‘(b) FALSE STATEMENT- A person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this chapter--

      ‘(1) if the Secretary, or a court of competent jurisdiction, determines that the person--

        ‘(A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or

        ‘(B) knowingly has failed, or caused another to fail, to disclose a material fact; and

      ‘(2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this chapter to which the person was not entitled.

    ‘(c) NOTICE AND DETERMINATION- Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determination has become final.

    ‘(d) PAYMENT TO TREASURY- Any amount recovered under this section shall be returned to the Treasury of the United States.

    ‘(e) PENALTIES- Whoever 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 himself or for any other person any payment authorized to be furnished under this chapter shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both.

‘SEC. 299G. AUTHORIZATION OF APPROPRIATIONS.

    ‘(a) IN GENERAL- There are authorized to be appropriated and there are appropriated to the Department of Commerce not to exceed $10,000,000 for each of the fiscal years 2002 through 2006 to carry out the purposes of this chapter.

    ‘(b) PROPORTIONATE REDUCTION- If in any year, the amount appropriated under this chapter is insufficient to meet the requirements for adjustment assistance payable under this chapter, the amount of assistance payable under this chapter shall be reduced proportionately.’.

    (b) EFFECTIVE DATE- The amendments made by this title shall take effect on the date that is 180 days after the date of enactment of this Act.

TITLE VI--HEALTH INSURANCE COVERAGE OPTIONS FOR INDIVIDUALS ELIGIBLE FOR TRADE ADJUSTMENT ASSISTANCE

SEC. 601. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE FOR INDIVIDUALS AND THEIR FAMILIES.

    (a) ESTABLISHMENT- Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Labor, shall establish a program under which 75 percent of the premium for COBRA continuation coverage shall be provided for an eligible individual (as defined in section 604(3)) who is also eligible for COBRA continuation coverage.

    (b) LIMITATION OF PERIOD OF PREMIUM ASSISTANCE- Premium assistance provided in accordance with this section shall end with respect to an eligible individual on the earlier of--

      (1) the date the eligible individual is no longer covered under COBRA continuation coverage; or

      (2) 12 months after the date the eligible individual is first enrolled in the premium assistance program established under this section.

    (c) PAYMENT ARRANGEMENTS; CREDITING OF ASSISTANCE-

      (1) PROVISION OF ASSISTANCE- Premium assistance shall be provided under the program established under this section through direct payment arrangements with a group health plan (including a multiemployer plan), an issuer of health insurance coverage, an administrator, or an employer as appropriate with respect to the eligible individual provided such assistance.

      (2) PREMIUMS PAYABLE BY INDIVIDUAL REDUCED BY AMOUNT OF ASSISTANCE- Premium assistance provided under this section shall be credited by the group health plan, issuer of health insurance coverage, or an administrator against the premium otherwise owed by the individual involved for COBRA continuation coverage.

    (d) PROGRAM REQUIREMENTS- Premium assistance shall be provided under the program established under this section to any eligible individual. An eligible individual may apply for such assistance at any time during the period in which the individual is entitled to apply for trade adjustment allowances under section 235 of title II of the Trade Act of 1974.

    (e) DISREGARD OF SUBSIDIES FOR PURPOSES OF FEDERAL AND STATE PROGRAMS- Notwithstanding any other provision of law, any premium assistance provided to, or on behalf of, an eligible individual under this section, shall not be considered income or resources in determining eligibility for, or the amount of assistance or benefits provided under, any other Federal public benefit or State or local public benefit.

    (f) CHANGE IN COBRA NOTICE-

      (1) GENERAL NOTICE-

        (A) IN GENERAL- In the case of notices provided under section 4980B(f)(6) of the Internal Revenue Code of 1986, section 2206 of the Public Health Service Act (42 U.S.C. 300bb-6), section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166), or section 8905a(f)(2)(A) of title 5, United States Code, with respect to eligible individuals who become entitled to elect COBRA continuation coverage under subsection (a), such notices shall include an additional notification to the recipient of the availability of premium assistance for such coverage under this section and for temporary medicaid assistance under section 603 for the remaining portion of COBRA continuation premiums.

        (B) ALTERNATIVE NOTICE- In the case of COBRA continuation coverage to which the notice provision under such sections does not apply, the Secretary of the Treasury, in consultation with the Secretary of Labor, shall, in coordination with administrators of the group health plans (or other entities) that provide or administer the COBRA continuation coverage involved, assure the provision of such notice.

        (C) FORM- The requirement of the additional notification under this paragraph may be met by amendment of existing notice forms or by inclusion of a separate document with the notice otherwise required.

      (2) SPECIFIC REQUIREMENTS- Each additional notification under paragraph (1) shall include--

        (A) the forms necessary for establishing eligibility and enrollment in the premium assistance program established under this section in connection with the coverage with respect to each eligible individual;

        (B) the name, address, and telephone number necessary to contact the administrator and any other person maintaining relevant information in connection with the premium assistance; and

        (C) the following statement displayed in a prominent manner:

    ‘You may be eligible to receive assistance with payment of 75 percent of your COBRA continuation coverage premiums and with temporary medicaid coverage for the remaining premium portion for a duration of not to exceed 12 months.’.

      (3) MODEL NOTICES- Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury shall prescribe models for the additional notification required under this subsection.

    (g) REPORTS- On the date that is 6 months after the date of enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit a report to Congress regarding the premium assistance program established under this section that includes the following:

      (1) The status of the implementation of the program.

      (2) The number of eligible individuals provided assistance under the program as of the date of the report.

      (3) The average dollar amount (monthly and annually) of the premium assistance provided under the program.

      (4) The total amount of expenditures incurred (with administrative expenditures noted separately) under the program as of the date of the report.

    (h) APPROPRIATION-

      (1) IN GENERAL- There is appropriated to carry out this section such sums as are necessary for each of fiscal years 2002 through 2006.

      (2) OBLIGATION OF FUNDS- This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of premium assistance under this section.

SEC. 602. STATE OPTION TO PROVIDE TEMPORARY MEDICAID COVERAGE FOR CERTAIN UNINSURED INDIVIDUALS.

    (a) STATE OPTION- Notwithstanding any other provision of law, a State may elect to provide under its medicaid program under title XIX of the Social Security Act medical assistance in the case of an individual who is--

      (1) an eligible individual as defined in section 604(3);

      (2) not eligible for COBRA continuation coverage;

      (3) otherwise uninsured; and

      (4) whose assets, resources, and earned or unearned income (or both) do not exceed such limitations (if any) as the State may establish.

    (b) LIMITATION OF PERIOD OF COVERAGE- Medical assistance provided in accordance with this section shall end with respect to an individual on the earlier of--

      (1) the date the individual is no longer uninsured; or

      (2) subject to subsection (c)(4), 12 months after the date the individual first receives such assistance.

    (c) SPECIAL RULES- In the case of medical assistance provided under this section--

      (1) the Federal medical assistance percentage under section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) shall be the enhanced FMAP (as defined in section 2105(b) of such Act (42 U.S.C. 1397ee(b)));

      (2) a State may elect to apply any income, asset, or resource limitation permitted under the State medicaid plan or under title XIX of such Act;

      (3) the provisions of section 1916(g) of the Social Security Act (42 U.S.C. 1396o) shall apply to the

provision of such assistance in the same manner as the provisions of such section apply with respect to individuals provided medical assistance only under subclause (XV) or (XVI) of section 1902(a)(10)(A)(ii) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii));

      (4) a State may elect to provide such assistance in accordance with section 1902(a)(34) of the Social Security Act (42 U.S.C. 1396a(a)(34)) and any assistance provided with respect to a month described in that section shall not be included in the determination of the 12-month period under subsection (b)(2);

      (5) a State may elect to make eligible for such medical assistance a dependent spouse or children of an individual eligible for medical assistance under subsection (a), if such spouse or children are uninsured;

      (6) individuals eligible for medical assistance under this section shall be deemed to be described in the list of individuals described in the matter preceding paragraph (1) of section 1905(a) of such Act (42 U.S.C. 1396d(a));

      (7) a State may elect to provide such medical assistance without regard to any limitation under sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a), 1612(b), 1613, and 1631) and no debt shall accrue under an affidavit of support against any sponsor of an individual who is an alien who is provided such assistance, and the cost of such assistance shall not be considered as an unreimbursed cost; and

      (8) the Secretary of Health and Human Services shall not count, for purposes of section 1108(f) of the Social Security Act (42 U.S.C. 1308(f)), such amount of payments under this section as bears a reasonable relationship to the average national proportion of payments made under this section for the 50 States and the District of Columbia to the payments otherwise made under title XIX for such States and District.

SEC. 603. STATE OPTION TO PROVIDE TEMPORARY COVERAGE UNDER MEDICAID FOR THE UNSUBSIDIZED PORTION OF COBRA CONTINUATION PREMIUMS.

    (a) STATE OPTION- Notwithstanding any other provision of law, a State may elect to provide under its medicaid program under title XIX of the Social Security Act medical assistance in the form of payment for the portion of the premium for COBRA continuation coverage for which an eligible individual (as defined in section 604(3)) does not receive a subsidy under the premium assistance program established under section 601 in the case of an eligible individual--

      (1) who is also eligible for, and has elected coverage under, COBRA continuation coverage;

      (2) who is receiving premium assistance under the program established under section 601; and

      (3) whose family income does not exceed 200 percent of the poverty line.

    (b) LIMITATION OF PERIOD OF COVERAGE- Medical assistance provided in accordance with this section shall end with respect to an individual on the earlier of--

      (1) the date the eligible individual is no longer covered under COBRA continuation coverage; or

      (2) 12 months after the date the eligible individual first receives such assistance under this section.

    (c) SPECIAL RULES- In the case of medical assistance provided under this section--

      (1) such assistance may be provided without regard to--

        (A) whether the State otherwise has elected to make medical assistance available for COBRA premiums under section 1902(a)(10)(F) of the Social Security Act (42 U.S.C. 1396a(a)(10)(F)); or

        (B) the conditions otherwise imposed for the provision of medical assistance for such COBRA premiums under clause (XII) of the matter following section 1902(a)(10)(G) of the Social Security Act (42 U.S.C. 1396a(a)(10)(G)), or paragraphs (1)(B), (1)(C), (1)(D), and (4) of section 1902(u) of such Act (42 U.S.C. 1396a(u)); and

      (2) paragraphs (1), (2), (4), (5), (7), and (8) of subsection (c) of section 602 apply to such assistance in the same manner as such paragraphs apply to the provision of medical assistance under that section.

SEC. 604. DEFINITIONS.

    In this title:

      (1) ADMINISTRATOR- The term ‘administrator’ has the meaning given that term in section 3(16)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(A)).

      (2) COBRA CONTINUATION COVERAGE-

        (A) IN GENERAL- The term ‘COBRA continuation coverage’ means coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or section 8905a of title 5, United States Code.

        (B) APPLICATION IN STATES REQUIRING COVERAGE- Such term includes continuation coverage provided in a State that has enacted a law that requires such continuation coverage even though the continuation coverage would not otherwise be required under the provisions of law referred to in subparagraph (A).

      (3) ELIGIBLE INDIVIDUAL- For purposes of this section, the term ‘eligible individual’ means any individual who is a member of a group of workers certified as eligible to apply for adjustment assistance under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 221, et seq.).

      (4) FEDERAL PUBLIC BENEFIT- The term ‘Federal public benefit’ has the meaning given that term in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)).

      (5) GROUP HEALTH PLAN- The term ‘group health plan’ has the meaning given that term in section 2791(a) of the Public Health Service Act (42 U.S.C. 300gg-91(a)), section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1167(1)), and section 4980B(g)(2) of the Internal Revenue Code of 1986.

      (6) HEALTH INSURANCE COVERAGE- The term ‘health insurance coverage’ has the meaning given that term in section 2791(b)(1) of the Public Health Service Act (42 U.S.C. 300gg-91(b)(1)).

      (7) MULTIEMPLOYER PLAN- The term ‘multiemployer plan’ has the meaning given that term in section 3(37) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(37)).

      (8) POVERTY LINE- The term ‘poverty line’ has the meaning given that term in section 2110(c)(5) of the Social Security Act (42 U.S.C. 1397jj(c)(5)).

      (9) STATE- The term ‘State’ has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

      (10) STATE OR LOCAL PUBLIC BENEFIT- The term ‘State or local public benefit’ has the meaning given that term in section 411(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)).

      (11) UNINSURED-

        (A) IN GENERAL- The term ‘uninsured’ means, with respect to an individual, that the individual is not covered under--

          (i) a group health plan;

          (ii) health insurance coverage; or

          (iii) a program under title XVIII, XIX, or XXI of the Social Security Act (other than under such title XIX pursuant to section 602).

        (B) EXCLUSION- Such coverage under clause (i) or (ii) shall not include coverage consisting solely of coverage of excepted benefits (as defined in section 2791(c) of the Public Health Service Act (42 U.S.C. 300gg-91(c)).

TITLE VII--CONFORMING AMENDMENTS AND EFFECTIVE DATE

SEC. 701. CONFORMING AMENDMENTS.

    (a) AMENDMENTS TO THE TRADE ACT OF 1974-

      (1) ASSISTANCE TO INDUSTRIES- Section 265 of the Trade Act of 1974 (19 U.S.C. 2355) is amended by striking ‘certified as eligible to apply for adjustment assistance under sections 231 or 251’, and inserting ‘certified as eligible for trade adjustment assistance benefits under section 231, or as eligible to apply for adjustment assistance under section 251’.

      (2) GENERAL ACCOUNTING OFFICE REPORT- Section 280(a) of the Trade Act of 1974 is amended by striking ‘January 31, 1980’ and inserting ‘January 31, 2004’.

      (3) JUDICIAL REVIEW- Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended by striking ‘under section 223 or section 250(c)’ and all that follows through ‘the Secretary of Commerce under section 271’ and inserting ‘under section 231, a firm or its representative, or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 251, an agricultural commodity producer (as defined in section 291(2)) aggrieved by a determination of the Secretary of Agriculture under section 293, a producer (as defined in section 299(2)) aggrieved by a determination of the Secretary of Commerce under section 299B, or a community or any other interested domestic party aggrieved by a final determination of the Director of the Office of Community Trade Adjustment under section 273’.

      (4) TERMINATION- Section 285 of the Trade Act of 1974 is amended to read as follows:

‘SEC. 285. TERMINATION.

    ‘(a) ASSISTANCE FOR WORKERS-

      ‘(1) IN GENERAL- Except as provided in paragraph (2), trade adjustment assistance, vouchers, allowances, and other payments or benefits may not be provided under chapter 2 after September 30, 2006.

      ‘(2) EXCEPTION- Notwithstanding paragraph (1), a worker shall continue to receive trade adjustment assistance benefits and other benefits under chapter 2 for any week for which the worker meets the eligibility requirements of that chapter, if on or before September 30, 2006, the worker is--

        ‘(A) certified as eligible for trade adjustment assistance benefits under section 231; and

        ‘(B) otherwise eligible to receive trade adjustment assistance benefits under chapter 2.

    ‘(b) OTHER ASSISTANCE-

      ‘(1) ASSISTANCE FOR FIRMS- Technical assistance may not be provided under chapter 3 after September 30, 2006.

      ‘(2) ASSISTANCE FOR COMMUNITIES- Technical assistance and other payments may not be provided under chapter 4 after September 30, 2006.

      ‘(3) ASSISTANCE FOR FARMERS AND FISHERMEN-

        ‘(A) IN GENERAL- Except as provided in subparagraph (B), adjustment assistance, vouchers, allowances, and other payments or benefits

may not be provided under chapter 6 or 7 after September 30, 2006.

        ‘(B) EXCEPTION- Notwithstanding subparagraph (A), an agricultural commodity producer (as defined in section 291(2)) or producer (as defined in section 299(2)), shall continue to receive adjustment assistance benefits and other benefits under chapter 6 or 7, whichever applies, for any week for which the agricultural commodity producer or producer meets the eligibility requirements of chapter 6 or 7, whichever applies, if on or before September 30, 2006, the agricultural commodity producer or producer is--

          ‘(i) certified as eligible for adjustment assistance benefits under chapter 6 or 7, whichever applies; and

          ‘(ii) is otherwise eligible to receive adjustment assistance benefits under such chapter 6 or 7.’.

      (5) TABLE OF CONTENTS-

        (A) IN GENERAL- The table of contents for chapters 2, 3, and 4 of title II of the Trade Act of 1974 is amended to read as follows:

‘Chapter 2--Adjustment Assistance for Workers

‘SUBCHAPTER A--GENERAL PROVISIONS

‘Sec. 221. Definitions.

‘Sec. 222. Agreements with States.

‘Sec. 223. Administration absent State agreement.

‘Sec. 224. Data collection; evaluations; reports.

‘Sec. 225. Study by Secretary of Labor when International Trade Commission begins investigation.

‘SUBCHAPTER B--CERTIFICATIONS

‘Sec. 231. Certification as adversely affected workers.

‘Sec. 232. Benefit information to workers.

‘SUBCHAPTER C--PROGRAM BENEFITS

‘Part I--General Provisions

‘Sec. 234. Comprehensive assistance.

‘Part II--Trade Adjustment Allowances

‘Sec. 235. Qualifying requirements for workers.

‘Sec. 236. Weekly amounts.

‘Sec. 237. Limitations on trade adjustment allowances.

‘Sec. 238. Application of State laws.

‘Part III--Employment Services, Training, and Other Allowances

‘Sec. 239. Employment services.

‘Sec. 240. Training.

‘Sec. 241. Job search allowances.

‘Sec. 242. Relocation allowances.

‘Sec. 243. Supportive services; wage insurance.

‘SUBCHAPTER D--PAYMENT AND ENFORCEMENT PROVISIONS

‘Sec. 244. Payments to States.

‘Sec. 245. Liabilities of certifying and disbursing officers.

‘Sec. 246. Fraud and recovery of overpayments.

‘Sec. 247. Criminal penalties.

‘Sec. 248. Authorization of appropriations.

‘Sec. 249. Regulations.

‘Sec. 250. Subpoena power.

‘Chapter 3--Trade Adjustment Assistance for Firms

‘Sec. 251. Petitions and determinations.

‘Sec. 252. Approval of adjustment proposals.

‘Sec. 253. Technical assistance.

‘Sec. 254. Financial assistance.

‘Sec. 255. Conditions for financial assistance.

‘Sec. 256. Delegation of functions to Small Business Administration; authorization of appropriations.

‘Sec. 257. Administration of financial assistance.

‘Sec. 258. Protective provisions.

‘Sec. 259. Penalties.

‘Sec. 260. Suits.

‘Sec. 261. Definition of firm.

‘Sec. 262. Regulations.

‘Sec. 264. Study by Secretary of Commerce when International Trade Commission begins investigation; action where there is affirmative finding.

‘Sec. 265. Assistance to industries.

‘Chapter 4--Community Economic Adjustment

‘Sec. 271. Definitions.

‘Sec. 272. Office of Community Trade Adjustment.

‘Sec. 273. Notification and certification as an eligible community.

‘Sec. 274. Community Economic Development Coordinating Committee.

‘Sec. 275. Community economic adjustment advisors.

‘Sec. 276. Strategic plans.

‘Sec. 277. Grants for economic development.

‘Sec. 278. Authorization of appropriations.

‘Sec. 279. General provisions.’.

        (B) CHAPTERS 6 AND 7- The table of contents for title II of the Trade Act of 1974, as amended by subparagraph (A), is amended by inserting after the items relating to chapter 5 the following:

‘Chapter 6--Adjustment Assistance for Farmers

      ‘Sec. 291. Definitions.

      ‘Sec. 292. Petitions; group eligibility.

      ‘Sec. 293. Determinations by Secretary of Agriculture.

      ‘Sec. 294. Study by Secretary of Agriculture when International Trade Commission begins investigation.

      ‘Sec. 295. Benefit information to agricultural commodity producers.

      ‘Sec. 296. Qualifying requirements for agricultural commodity producers.

      ‘Sec. 297. Fraud and recovery of overpayments.

      ‘Sec. 298. Authorization of appropriations.

‘Chapter 7--Adjustment Assistance for Fishermen

      ‘Sec. 299. Definitions.

      ‘Sec. 299A. Petitions; group eligibility.

      ‘Sec. 299B. Determinations by Secretary.

      ‘Sec. 299C. Study by Secretary when International Trade Commission begins investigation.

      ‘Sec. 299D. Benefit information to producers.

      ‘Sec. 299E. Qualifying requirements for producers.

      ‘Sec. 299F. Fraud and recovery of overpayments.

      ‘Sec. 299G. Authorization of appropriations.’.

    (b) INTERNAL REVENUE CODE-

      (1) ADJUSTED GROSS INCOME- Section 62(a)(12) of the Internal Revenue Code of 1986 (relating to the definition of adjusted gross income) is amended by striking ‘trade readjustment allowances under section 231 or 232’ and inserting ‘trade adjustment allowances under section 235 or 236’.

      (2) FEDERAL UNEMPLOYMENT-

        (A) IN GENERAL- Section 3304(a)(8) of the Internal Revenue Code of 1986 (relating to the approval of State unemployment insurance laws) is amended to read as follows:

      ‘(8) compensation shall not be denied to an individual for any week because the individual is in training with the approval of the State agency, or in training approved by the Secretary of Labor pursuant to chapter 2 of title II of the Trade Act of 1974 (or because of the application, to any such week in training, of State law provisions relating to availability for work, active search for work, or refusal to accept work);’.

        (B) EFFECTIVE DATE-

          (i) IN GENERAL- Except as provided in clause (ii), the amendments made by this paragraph shall apply in the case of compensation paid for weeks beginning on or

after the date that is 90 days after the date of enactment of this Act.

          (ii) MEETING OF STATE LEGISLATURE-

            (I) IN GENERAL- If the Secretary of Labor identifies a State as requiring a change to its statutes or regulations in order to comply with the amendments made by subparagraph (A), the amendments made by subparagraph (A) shall apply in the case of compensation paid for weeks beginning after the earlier of--

(aa) the date the State changes its statutes or regulations in order to comply with the amendments made by this section; or

(bb) the end of the first session of the State legislature which begins after the date of enactment of this Act or which began prior to such date and remained in session for at least 25 calendar days after such date;

            except that in no case shall the amendments made by this Act apply before the date described in clause (i).

            (II) SESSION DEFINED- In this clause, the term ‘session’ means a regular, special, budget, or other session of a State legislature.

    (c) AMENDMENTS TO TITLE 28-

      (1) CIVIL ACTIONS AGAINST THE UNITED STATES- Section 1581(d) of title 28, United States Code, is amended--

        (A) in paragraph (1), by striking ‘section 223’ and inserting ‘section 231’; and

        (B) in paragraph (3), by striking ‘section 271’ and inserting ‘section 273’.

      (2) PERSONS ENTITLED TO COMMENCE A CIVIL ACTION- Section 2631 of title 28, United States Code, is amended--

        (A) by amending subsection (d)(1) to read as follows:

    ‘(d)(1) A civil action to review any final determination of the Secretary of Labor under section 231 of the Trade Act of 1974 with respect to the certification of workers as adversely affected and eligible for trade adjustment assistance under that Act may be commenced by a worker, a group of workers, a certified or recognized union, or an authorized representative of such worker or group, that petitions for certification under that Act and is aggrieved by the final determination.’; and

        (B) in subsection (d)(3), by striking ‘Secretary of Commerce under section 271’ and inserting ‘Director of the Office of Community Trade Adjustment under section 273’.

      (3) TIME FOR COMMENCEMENT OF ACTION- Section 2636(d) of title 28, United States Code, is amended by striking ‘under section 223 of the Trade Act of 1974 or a final determination of the Secretary of Commerce under section 251 or section 271 of such Act’ and inserting ‘under section 231 of the Trade Act of 1974, a final determination of the Secretary of Commerce under section 251 of that Act, or a final determination of the Director of the Office of Community Trade Adjustment under section 273 of that Act’.

      (4) SCOPE AND STANDARD OF REVIEW- Section 2640(c) of title 28, United States Code, is amended by striking ‘under section 223 of the Trade Act of 1974 or any final determination of the Secretary of Commerce under section 251 or section 271 of such Act’ and inserting ‘under section 231 of the Trade Act of 1974, a final determination of the Secretary of Commerce under section 251 of that Act, or a final determination of the Director of the Office of Community Trade Adjustment under section 273 of that Act’.

      (5) RELIEF- Section 2643(c)(2) of title 28, United States Code, is amended by striking ‘under section 223 of the Trade Act of 1974 or any final determination of the Secretary of Commerce under section 251 or section 271 of such Act’ and inserting ‘under section 231 of the Trade Act of 1974, a final determination of the Secretary of Commerce under section 251 of that Act, or a final determination of the Director of the Office of Community Trade Adjustment under section 273 of that Act’.

    (d) AMENDMENT TO THE FOOD STAMP ACT OF 1977- Section 6(o)(1)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(1)(B)) is amended by striking ‘section 236’ and inserting ‘section 240’.

TITLE VIII--SAVINGS PROVISIONS AND EFFECTIVE DATE

SEC. 801. SAVINGS PROVISIONS.

    (a) PROCEEDINGS NOT AFFECTED-

      (1) IN GENERAL- The provisions of this Act shall not affect any petition for certification for benefits under chapter 2 of title II of the Trade Act of 1974 that is in effect on September 30, 2001. Determinations shall be issued, appeals shall be taken therefrom, and payments shall be made under those determinations, as if this Act had not been enacted, and orders issued in any proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.

      (2) MODIFICATION OR DISCONTINUANCE- Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this Act had not been enacted.

    (b) SUITS NOT AFFECTED- The provisions of this Act shall not affect any suit commenced before October 1, 2001, and in all those suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

    (c) NONABATEMENT OF ACTIONS- No suit, action, or other proceeding commenced by or against the Federal Government, or by or against any individual in the official capacity of that individual as an officer of the Federal Government, shall abate by reason of enactment of this Act.

SEC. 802. EFFECTIVE DATE.

    (a) IN GENERAL- Except as otherwise provided in sections 401(b), 501(b), and 701(b)(2)(B), and subsection (b) of this section, the amendments made by this Act shall apply to--

      (1) petitions for certification filed under chapter 2 or 3 of title II of the Trade Act of 1974 on or after the date that is 90 days after the date of enactment of this Act;

      (2) petitions for certification filed under chapter 2 or 3 of title II of the Trade Act of 1974 before the date that is 90 days after the date of enactment of this Act, that are pending on such date; and

      (3) certifications for assistance under chapter 4 of title II of the Trade Act of 1974 issued on or after the date that is 90 days after the date of enactment of this Act.

    (b) WORKERS CERTIFIED AS ELIGIBLE BEFORE EFFECTIVE DATE- Notwithstanding subsection (a), a worker shall continue to receive (or be eligible to receive) trade adjustment assistance and other benefits under chapter 2 of title II of the Trade Act of 1974, as in effect on the day before the effective date of this Act, for any week for which the worker meets the eligibility requirements of such chapter 2 as in effect on such date, if on or before such date, the worker--

      (1) was certified as eligible for trade adjustment assistance benefits under such chapter as in effect on such date; and

      (2) would otherwise be eligible to receive trade adjustment assistance benefits under such chapter as in effect on such date.

TITLE IX--CUSTOMS REAUTHORIZATION

SEC. 900. SHORT TITLE.

    This title may be cited as the ‘Customs Border Security Act of 2002’.

Subtitle A--United States Customs Service

CHAPTER 1--DRUG ENFORCEMENT AND OTHER NONCOMMERCIAL AND COMMERCIAL OPERATIONS

SEC. 901. AUTHORIZATION OF APPROPRIATIONS FOR NONCOMMERCIAL OPERATIONS, COMMERCIAL OPERATIONS, AND AIR AND MARINE INTERDICTION.

    (a) NONCOMMERCIAL OPERATIONS- Section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) is amended--

      (1) in subparagraph (A) to read as follows:

        ‘(A) $886,513,000 for fiscal year 2002.’; and

      (2) in subparagraph (B) to read as follows:

        ‘(B) $909,471,000 for fiscal year 2003.’.

    (b) COMMERCIAL OPERATIONS-

      (1) IN GENERAL- Section 301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)) is amended--

        (A) in clause (i) to read as follows:

        ‘(i) $1,603,482,000 for fiscal year 2002.’; and

        (B) in clause (ii) to read as follows:

        ‘(ii) $1,645,009,000 for fiscal year 2003.’.

      (2) AUTOMATED COMMERCIAL ENVIRONMENT COMPUTER SYSTEM- Of the amount made available for each of fiscal years 2002 and 2003 under section 301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)), as amended by paragraph (1), $308,000,000 shall be available until expended for each such fiscal year for the development, establishment, and implementation of the Automated Commercial Environment computer system.

      (3) REPORTS- Not later than 90 days after the date of enactment of this Act, and not later than each subsequent 90-day period, the Commissioner of Customs shall prepare and submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report demonstrating that the development and establishment of the Automated Commercial Environment computer system is being carried out in a cost-effective manner and meets the modernization requirements of title VI of the North American Free Trade Agreements Implementation Act.

    (c) AIR AND MARINE INTERDICTION- Section 301(b)(3) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(3)) is amended--

      (1) in subparagraph (A) to read as follows:

        ‘(A) $181,860,000 for fiscal year 2002.’; and

      (2) in subparagraph (B) to read as follows:

        ‘(B) $186,570,000 for fiscal year 2003.’.

    (d) SUBMISSION OF OUT-YEAR BUDGET PROJECTIONS- Section 301(a) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(a)) is amended by adding at the end the following:

    ‘(3) By not later than the date on which the President submits to Congress the budget of the United States Government for a fiscal year, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the operations of the Customs Service as provided for in subsection (b).’.

SEC. 902. ANTITERRORIST AND ILLICIT NARCOTICS DETECTION EQUIPMENT FOR THE UNITED STATES-MEXICO BORDER, UNITED STATES-CANADA BORDER, AND FLORIDA AND THE GULF COAST SEAPORTS.

    (a) FISCAL YEAR 2002- Of the amounts made available for fiscal year 2002 under section 301(b)(1)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section 901(a) of this title, $90,244,000 shall be available until expended for acquisition and other expenses associated with implementation and deployment of antiterrorist and illicit narcotics detection equipment along the United States-Mexico border, the United States-Canada border, and Florida and the Gulf Coast seaports, as follows:

      (1) UNITED STATES-MEXICO BORDER- For the United States-Mexico border, the following:

        (A) $6,000,000 for 8 Vehicle and Container Inspection Systems (VACIS).

        (B) $11,200,000 for 5 mobile truck x-rays with transmission and backscatter imaging.

        (C) $13,000,000 for the upgrade of 8 fixed-site truck x-rays from the present energy level of 450,000 electron volts to 1,000,000 electron volts (1-MeV).

        (D) $7,200,000 for 8 1-MeV pallet x-rays.

        (E) $1,000,000 for 200 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate.

        (F) $600,000 for 50 contraband detection kits to be distributed among all southwest border ports based on traffic volume.

        (G) $500,000 for 25 ultrasonic container inspection units to be distributed among all ports receiving liquid-filled cargo and to ports with a hazardous material inspection facility.

        (H) $2,450,000 for 7 automated targeting systems.

        (I) $360,000 for 30 rapid tire deflator systems to be distributed to those ports where port runners are a threat.

        (J) $480,000 for 20 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed.

        (K) $1,000,000 for 20 remote watch surveillance camera systems at ports where there are suspicious activities at loading docks, vehicle queues, secondary inspection lanes, or areas where visual surveillance or observation is obscured.

        (L) $1,254,000 for 57 weigh-in-motion sensors to be distributed among the ports with the greatest volume of outbound traffic.

        (M) $180,000 for 36 AM traffic information radio stations, with 1 station to be located at each border crossing.

        (N) $1,040,000 for 260 inbound vehicle counters to be installed at every inbound vehicle lane.

        (O) $950,000 for 38 spotter camera systems to counter the surveillance of customs inspection activities by persons outside the boundaries of ports where such surveillance activities are occurring.

        (P) $390,000 for 60 inbound commercial truck transponders to be distributed to all ports of entry.

        (Q) $1,600,000 for 40 narcotics vapor and particle detectors to be distributed to each border crossing.

        (R) $400,000 for license plate reader automatic targeting software to be installed at each port to target inbound vehicles.

      (2) UNITED STATES-CANADA BORDER- For the United States-Canada border, the following:

        (A) $3,000,000 for 4 Vehicle and Container Inspection Systems (VACIS).

        (B) $8,800,000 for 4 mobile truck x-rays with transmission and backscatter imaging.

        (C) $3,600,000 for 4 1-MeV pallet x-rays.

        (D) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate.

        (E) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume.

        (F) $240,000 for 10 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed.

        (G) $400,000 for 10 narcotics vapor and particle detectors to be distributed to each border crossing based on traffic volume.

      (3) FLORIDA AND GULF COAST SEAPORTS- For Florida and the Gulf Coast seaports, the following:

        (A) $4,500,000 for 6 Vehicle and Container Inspection Systems (VACIS).

        (B) $11,800,000 for 5 mobile truck x-rays with transmission and backscatter imaging.

        (C) $7,200,000 for 8 1-MeV pallet x-rays.

        (D) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate.

        (E) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume.

    (b) FISCAL YEAR 2003- Of the amounts made available for fiscal year 2003 under section 301(b)(1)(B) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by section 901(a) of this title, $9,000,000 shall be available until expended for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (a).

    (c) ACQUISITION OF TECHNOLOGICALLY SUPERIOR EQUIPMENT; TRANSFER OF FUNDS-

      (1) IN GENERAL- The Commissioner of Customs may use amounts made available for fiscal year 2002 under section 301(b)(1)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section 901(a) of this title, for the acquisition of equipment other than the equipment described in subsection (a) if such other equipment--

        (A)(i) is technologically superior to the equipment described in subsection (a); and

        (ii) will achieve at least the same results at a cost that is the same or less than the equipment described in subsection (a); or

        (B) can be obtained at a lower cost than the equipment described in subsection (a).

      (2) TRANSFER OF FUNDS- Notwithstanding any other provision of this section, the Commissioner of Customs may reallocate an amount not to exceed 10 percent of--

        (A) the amount specified in any of subparagraphs (A) through (R) of subsection (a)(1) for equipment specified in any other of such subparagraphs (A) through (R);

        (B) the amount specified in any of subparagraphs (A) through (G) of subsection (a)(2) for equipment specified in any other of such subparagraphs (A) through (G); and

        (C) the amount specified in any of subparagraphs (A) through (E) of subsection (a)(3) for equipment specified in any other of such subparagraphs (A) through (E).

SEC. 903. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.

    As part of the annual performance plan for each of the fiscal years 2002 and 2003 covering each program activity set forth in the budget of the United States Customs Service, as required under section 1115 of title 31, United States Code, the Commissioner of Customs shall establish performance goals, performance indicators, and comply with all other requirements contained in paragraphs (1) through (6) of subsection (a) of such section with respect to each of the activities to be carried out pursuant to sections 911 of this title.

CHAPTER 2--CHILD CYBER-SMUGGLING CENTER OF THE CUSTOMS SERVICE

SEC. 911. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO PREVENT CHILD PORNOGRAPHY/CHILD SEXUAL EXPLOITATION.

    (a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Customs Service $10,000,000 for fiscal year 2002 to carry out the program to prevent child pornography/child sexual exploitation established by the Child Cyber-Smuggling Center of the Customs Service.

    (b) USE OF AMOUNTS FOR CHILD PORNOGRAPHY CYBER TIPLINE- Of the amount appropriated under subsection (a), the Customs Service shall provide 3.75 percent of such amount to the National Center for Missing and Exploited Children for the operation of the child pornography cyber tipline of the Center and for increased public awareness of the tipline.

CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 921. ADDITIONAL CUSTOMS SERVICE OFFICERS FOR UNITED STATES-CANADA BORDER.

    Of the amount made available for fiscal year 2002 under paragraphs (1) and (2)(A) of section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)), as amended by section 901 of this title, $25,000,000 shall be available until expended for the Customs Service to hire approximately 285 additional Customs Service officers to address the needs of the offices and ports along the United States-Canada border.

SEC. 922. STUDY AND REPORT RELATING TO PERSONNEL PRACTICES OF THE CUSTOMS SERVICE.

    (a) STUDY- The Commissioner of Customs shall conduct a study of current personnel practices of the Customs Service, including an overview of performance standards and the effect and impact of the collective bargaining process on drug interdiction efforts of the Customs Service and a comparison of duty rotation policies of the Customs Service and other Federal agencies that employ similarly-situated personnel.

    (b) REPORT- Not later than 120 days after the date of enactment of this Act, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing the results of the study conducted under subsection (a).

SEC. 923. STUDY AND REPORT RELATING TO ACCOUNTING AND AUDITING PROCEDURES OF THE CUSTOMS SERVICE.

    (a) STUDY- (1) The Commissioner of Customs shall conduct a study of actions by the Customs Service to ensure that appropriate training is being provided to Customs Service personnel who are responsible for financial auditing of importers.

    (2) In conducting the study, the Commissioner--

      (A) shall specifically identify those actions taken to comply with provisions of law that protect the privacy and trade secrets of importers, such as section 552(b) of title 5, United States Code, and section 1905 of title 18, United States Code; and

      (B) shall provide for public notice and comment relating to verification of the actions described in subparagraph (A).

    (b) REPORT- Not later than 6 months after the date of enactment of this Act, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing the results of the study conducted under subsection (a).

SEC. 924. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; REPORTS.

    (a) ESTABLISHMENT AND IMPLEMENTATION-

      (1) IN GENERAL- Not later than September 30, 2003, the Commissioner of Customs shall, in accordance with the audit of the Customs Service’s fiscal years 2000 and 1999 financial statements (as contained in the report of the Office of the Inspector General of the Department of the Treasury issued on February 23, 2001), establish and implement a cost accounting system for expenses incurred in both commercial and noncommercial operations of the Customs Service.

      (2) ADDITIONAL REQUIREMENT- The cost accounting system described in paragraph (1) shall provide for an identification of expenses based on the type of operation, the port at which the operation took place, the amount of time spent on the operation by personnel of the Customs Service, and an identification of expenses based on any other appropriate classification necessary to provide for an accurate and complete accounting of the expenses.

    (b) REPORTS- Beginning on the date of enactment of this Act and ending on the date on which the cost accounting system described in subsection (a) is fully implemented, the Commissioner of Customs shall prepare and submit to Congress on a quarterly basis a report on the progress of implementing the cost accounting system pursuant to subsection (a).

SEC. 925. STUDY AND REPORT RELATING TO TIMELINESS OF PROSPECTIVE RULINGS.

    (a) STUDY- The Comptroller General shall conduct a study on the extent to which the Office of Regulations and Rulings of the Customs Service has made improvements to decrease the amount of time to issue prospective rulings from the date on which a request for the ruling is received by the Customs Service.

    (b) REPORT- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing the results of the study conducted under subsection (a).

    (c) DEFINITION- In this section, the term ‘prospective ruling’ means a ruling that is requested by an importer on goods that are proposed to be imported into the United States and that relates to the proper classification, valuation, or marking of such goods.

SEC. 926. STUDY AND REPORT RELATING TO CUSTOMS USER FEES.

    (a) STUDY- The Comptroller General shall conduct a study on the extent to which the amount of each customs user fee imposed under section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)) is commensurate with the level of services provided by the Customs Service relating to the fee so imposed.

    (b) REPORT- Not later than 120 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report in classified form containing--

      (1) the results of the study conducted under subsection (a); and

      (2) recommendations for the appropriate amount of the customs user fees if such results indicate that the fees are not commensurate with the level of services provided by the Customs Service.

CHAPTER 4--ANTITERRORISM PROVISIONS

SEC. 931. EMERGENCY ADJUSTMENTS TO OFFICES, PORTS OF ENTRY, OR STAFFING OF THE CUSTOMS SERVICE.

    Section 318 of the Tariff Act of 1930 (19 U.S.C. 1318) is amended--

      (1) by striking ‘Whenever the President’ and inserting ‘(a) Whenever the President’; and

      (2) by adding at the end the following:

    ‘(b)(1) Notwithstanding any other provision of law, the Secretary of the Treasury, when necessary to respond to a national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) or to a specific threat to human life or national interests, is authorized to take the following actions on a temporary basis:

      ‘(A) Eliminate, consolidate, or relocate any office or port of entry of the Customs Service.

      ‘(B) Modify hours of service, alter services rendered at any location, or reduce the number of employees at any location.

      ‘(C) Take any other action that may be necessary to directly respond to the national emergency or specific threat.

    ‘(2) Notwithstanding any other provision of law, the Commissioner of Customs, when necessary to respond to a specific threat to human life or national interests, is authorized to close temporarily any Customs office or port of entry or take any other lesser action that may be necessary to respond to the specific threat.

    ‘(3) The Secretary of the Treasury or the Commissioner of Customs, as the case may be, shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not later than 72 hours after taking any action under paragraph (1) or (2).’.

SEC. 932. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO AND PASSENGERS.

    (a) CARGO INFORMATION-

      (1) IN GENERAL- Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is amended--

        (A) in the first sentence, by striking ‘Any manifest’ and inserting ‘(1) Any manifest’; and

        (B) by adding at the end the following:

    ‘(2) In addition to any other requirement under this section, for each land, air, or vessel carrier required to make entry or obtain clearance under the customs laws of the United States, the pilot, the master, operator, or owner of such carrier (or the authorized agent of such operator or owner) shall provide by electronic transmission cargo manifest information in advance of such entry or clearance in such manner, time, and form as prescribed under regulations by the Secretary. The Secretary may exclude any class of land, air, or vessel carrier for which the Secretary concludes the requirements of this subparagraph are not necessary.’.

      (2) CONFORMING AMENDMENTS- Subparagraphs (A) and (C) of section 431(d)(1) of such Act are each amended by inserting before the semicolon ‘or subsection (b)(2)’.

    (b) PASSENGER INFORMATION- Part II of title IV of the Tariff Act of 1930 (19 U.S.C. 1431 et seq.) is amended by inserting after section 431 the following:

‘SEC. 432. PASSENGER AND CREW MANIFEST INFORMATION REQUIRED FOR LAND, AIR, OR VESSEL CARRIERS.

    ‘(a) IN GENERAL- For every person arriving or departing on a land, air, or vessel carrier required to make entry or obtain clearance under the customs laws of the United States, the pilot, the master, operator, or owner of such carrier (or the authorized agent of such operator or owner) shall provide by electronic transmission manifest information described in subsection (b) in advance of such entry or clearance in such manner, time, and form as prescribed under regulations by the Secretary.

    ‘(b) INFORMATION DESCRIBED- The information described in this subsection shall include for each person described in subsection (a), the person’s--

      ‘(1) full name;

      ‘(2) date of birth and citizenship;

      ‘(3) gender;

      ‘(4) passport number and country of issuance;

      ‘(5) United States visa number or resident alien card number, as applicable;

      ‘(6) passenger name record; and

      ‘(7) such additional information that the Secretary, by regulation, determines is reasonably necessary to ensure aviation and maritime safety pursuant to the laws enforced or administered by the Customs Service.’.

    (c) DEFINITION- Section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) is amended by adding at the end the following:

    ‘(t) The term ‘land, air, or vessel carrier’ means a land, air, or vessel carrier, as the case may be, that transports goods or passengers for payment or other consideration, including money or services rendered.’.

    (d) EFFECTIVE DATE- The amendments made by this section shall take effect beginning 45 days after the date of enactment of this Act.

SEC. 933. BORDER SEARCH AUTHORITY FOR CERTAIN CONTRABAND IN OUTBOUND MAIL.

    The Tariff Act of 1930 is amended by inserting after section 582 the following:

‘SEC. 583. EXAMINATION OF OUTBOUND MAIL.

    ‘(a) EXAMINATION-

      ‘(1) IN GENERAL- For purposes of ensuring compliance with the Customs laws of the United States and other laws enforced by the Customs Service, including the provisions of law described in paragraph (2), a Customs officer may, subject to the provisions of this section, stop and search at the border, without a search warrant, mail of domestic origin transmitted for export by the United States Postal Service and foreign mail transiting the United States that is being imported or exported by the United States Postal Service.

      ‘(2) PROVISIONS OF LAW DESCRIBED- The provisions of law described in this paragraph are the following:

        ‘(A) Section 5316 of title 31, United States Code (relating to reports on exporting and importing monetary instruments).

        ‘(B) Sections 1461, 1463, 1465, and 1466 and chapter 110 of title 18, United States Code (relating to obscenity and child pornography).

        ‘(C) Section 1003 of the Controlled Substances Import and Export Act (21 U.S.C. 953; relating to exportation of controlled substances).

        ‘(D) The Export Administration Act of 1979 (50 U.S.C. app. 2401 et seq.).

        ‘(E) Section 38 of the Arms Export Control Act (22 U.S.C. 2778).

        ‘(F) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

    ‘(b) SEARCH OF MAIL NOT SEALED AGAINST INSPECTION AND OTHER MAIL- Mail not sealed against inspection under the postal laws and regulations of the United States, mail which bears a customs declaration, and mail with respect to which the sender or addressee has consented in writing to search, may be searched by a Customs officer.

    ‘(c) SEARCH OF MAIL SEALED AGAINST INSPECTION- (1) Mail sealed against inspection under the postal laws and regulations of the United States may be searched by a Customs officer, subject to paragraph (2), upon reasonable cause to suspect that such mail contains one or more of the following:

      ‘(A) Monetary instruments, as defined in section 1956 of title 18, United States Code.

      ‘(B) A weapon of mass destruction, as defined in section 2332a(b) of title 18, United States Code.

      ‘(C) A drug or other substance listed in schedule I, II, III, or IV in section 202 of the Controlled Substances Act (21 U.S.C. 812).

      ‘(D) National defense and related information transmitted in violation of any of sections 793 through 798 of title 18, United States Code.

      ‘(E) Merchandise mailed in violation of section 1715 or 1716 of title 18, United States Code.

      ‘(F) Merchandise mailed in violation of any provision of chapter 71 (relating to obscenity) or chapter 110 (relating to sexual exploitation and other abuse of children) of title 18, United States Code.

      ‘(G) Merchandise mailed in violation of the Export Administration Act of 1979 (50 U.S.C. app. 2401 et seq.).

      ‘(H) Merchandise mailed in violation of section 38 of the Arms Export Control Act (22 U.S.C. 2778).

      ‘(I) Merchandise mailed in violation of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

      ‘(J) Merchandise mailed in violation of the Trading with the Enemy Act (50 U.S.C. app. 1 et seq.).

      ‘(K) Merchandise subject to any other law enforced by the Customs Service.

    ‘(2) No person acting under authority of paragraph (1) shall read, or authorize any other person to read, any correspondence contained in mail sealed against inspection unless prior to so reading--

      ‘(A) a search warrant has been issued pursuant to Rule 41, Federal Rules of Criminal Procedure; or

      ‘(B) the sender or addressee has given written authorization for such reading.’.

SEC. 934. AUTHORIZATION OF APPROPRIATIONS FOR REESTABLISHMENT OF CUSTOMS OPERATIONS IN NEW YORK CITY.

    (a) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There is authorized to be appropriated for the reestablishment of operations of the Customs Service in New York, New York, such sums as may be necessary for fiscal year 2002.

      (2) OPERATIONS DESCRIBED- The operations referred to in paragraph (1) include, but are not limited to, the following:

        (A) Operations relating to the Port Director of New York City, the New York Customs Management Center (including the Director of Field Operations), and the Special Agent-In-Charge for New York.

        (B) Commercial operations, including textile enforcement operations and salaries and expenses of--

          (i) trade specialists who determine the origin and value of merchandise;

          (ii) analysts who monitor the entry data into the United States of textiles and textile products; and

          (iii) Customs officials who work with foreign governments to examine textile makers and verify entry information.

    (b) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.

CHAPTER 5--TEXTILE TRANSSHIPMENT PROVISIONS

SEC. 941. GAO AUDIT OF TEXTILE TRANSSHIPMENT MONITORING BY CUSTOMS SERVICE.

    (a) GAO AUDIT- The Comptroller General of the United States shall conduct an audit of the system established and carried out by the Customs Service to monitor textile transshipment.

    (b) REPORT- Not later than 9 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and Committee on Finance of the Senate a report that contains the results of the study conducted under subsection (a), including recommendations for improvements to the transshipment monitoring system if applicable.

    (c) TRANSSHIPMENT DESCRIBED- Transshipment within the meaning of this section has occurred when preferential treatment under any provision of law has been claimed for a textile or apparel article on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of the preceding sentence, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential treatment under the provision of law in question.

SEC. 942. AUTHORIZATION OF APPROPRIATIONS FOR TEXTILE TRANSSHIPMENT ENFORCEMENT OPERATIONS.

    (a) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There is authorized to be appropriated for textile transshipment enforcement operations of the Customs Service $9,500,000 for fiscal year 2002.

      (2) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

    (b) USE OF FUNDS- Of the amount appropriated pursuant to the authorization of appropriations under subsection (a), the following amounts are authorized to be made available for the following purposes:

      (1) IMPORT SPECIALISTS- $1,463,000 for 21 Customs import specialists to be assigned to selected ports for documentation review to support detentions and exclusions and 1 additional Customs import specialist assigned to the Customs headquarters textile program to administer the program and provide oversight.

      (2) INSPECTORS- $652,080 for 10 Customs inspectors to be assigned to selected ports to examine targeted high-risk shipments.

      (3) INVESTIGATORS- (A) $1,165,380 for 10 investigators to be assigned to selected ports to investigate instances of smuggling, quota and trade agreement circumvention, and use of counterfeit visas to enter inadmissible goods.

      (B) $149,603 for 1 investigator to be assigned to Customs headquarters textile program to coordinate and ensure implementation of textile production verification team results from an investigation perspective.

      (4) INTERNATIONAL TRADE SPECIALISTS- $226,500 for 3 international trade specialists to be assigned to Customs headquarters to be dedicated to illegal textile transshipment policy issues and other free trade agreement enforcement issues.

      (5) PERMANENT IMPORT SPECIALISTS FOR HONG KONG- $500,000 for 2 permanent import specialist positions and $500,000 for 2 investigators to be assigned to Hong Kong to work with Hong Kong and

other government authorities in Southeast Asia to assist such authorities pursue proactive enforcement of bilateral trade agreements.

      (6) VARIOUS PERMANENT TRADE POSITIONS- $3,500,000 for the following:

        (A) 2 permanent positions to be assigned to the Customs attache office in Central America to address trade enforcement issues for that region.

        (B) 2 permanent positions to be assigned to the Customs attache office in South Africa to address trade enforcement issues pursuant to the African Growth and Opportunity Act (title I of Public Law 106-200).

        (C) 4 permanent positions to be assigned to the Customs attache office in Mexico to address the threat of illegal textile transshipment through Mexico and other related issues under the North American Free Trade Agreement Act.

        (D) 2 permanent positions to be assigned to the Customs attache office in Seoul, South Korea, to address the trade issues in the geographic region.

        (E) 2 permanent positions to be assigned to the proposed Customs attache office in New Delhi, India, to address the threat of illegal textile transshipment and other trade enforcement issues.

        (F) 2 permanent positions to be assigned to the Customs attache office in Rome, Italy, to address trade enforcement issues in the geographic region, including issues under free trade agreements with Jordan and Israel.

      (7) ATTORNEYS- $179,886 for 2 attorneys for the Office of the Chief Counsel of the Customs Service to pursue cases regarding illegal textile transshipment.

      (8) AUDITORS- $510,000 for 6 Customs auditors to perform internal control reviews and document and record reviews of suspect importers.

      (9) ADDITIONAL TRAVEL FUNDS- $250,000 for deployment of additional textile production verification teams to sub-Saharan Africa.

      (10) TRAINING- (A) $75,000 for training of Customs personnel.

      (B) $200,000 for training for foreign counterparts in risk management analytical techniques and for teaching factory inspection techniques, model law Development, and enforcement techniques.

      (11) OUTREACH- $60,000 for outreach efforts to United States importers.

SEC. 943. IMPLEMENTATION OF THE AFRICAN GROWTH AND OPPORTUNITY ACT.

    Of the amount made available for fiscal year 2002 under section 301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)), as amended by section 901(b)(1) of this title, $1,317,000 shall be available until expended for the Customs Service to provide technical assistance to help sub-Saharan Africa countries develop and implement effective visa and anti-transshipment systems as required by the African Growth and Opportunity Act (title I of Public Law 106-200), as follows:

      (1) TRAVEL FUNDS- $600,000 for import specialists, special agents, and other qualified Customs personnel to travel to sub-Saharan Africa countries to provide technical assistance in developing and implementing effective visa and anti-transshipment systems.

      (2) IMPORT SPECIALISTS- $266,000 for 4 import specialists to be assigned to Customs headquarters to be dedicated to providing technical assistance to sub-Saharan African countries for developing and implementing effective visa and anti-transshipment systems.

      (3) DATA RECONCILIATION ANALYSTS- $151,000 for 2 data reconciliation analysts to review apparel shipments.

      (4) SPECIAL AGENTS- $300,000 for 2 special agents to be assigned to Customs headquarters to be available to provide technical assistance to sub-Saharan African countries in the performance of investigations and other enforcement initiatives.

Subtitle B--Office of the United States Trade Representative

SEC. 951. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- Section 141(g)(1) of the Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is amended--

      (1) in subparagraph (A)--

        (A) in the matter preceding clause (i), by striking ‘not to exceed’;

        (B) in clause (i) to read as follows:

      ‘(i) $30,000,000 for fiscal year 2002.’; and

        (C) in clause (ii) to read as follows:

      ‘(ii) $31,000,000 for fiscal year 2003.’; and

      (2) in subparagraph (B)--

        (A) in clause (i), by adding ‘and’ at the end;

        (B) by striking clause (ii); and

        (C) by redesignating clause (iii) as clause (ii).

    (b) SUBMISSION OF OUT-YEAR BUDGET PROJECTIONS- Section 141(g) of the Trade Act of 1974 (19 U.S.C. 2171(g)) is amended by adding at the end the following:

    ‘(3) By not later than the date on which the President submits to Congress the budget of the United States Government for a fiscal year, the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Office to carry out its functions.’.

    (c) ADDITIONAL STAFF FOR OFFICE OF ASSISTANT U.S. TRADE REPRESENTATIVE FOR CONGRESSIONAL AFFAIRS-

      (1) IN GENERAL- There is authorized to be appropriated such sums as may be necessary for fiscal year 2002 for the salaries and expenses of two additional legislative specialist employee positions within the Office of the Assistant United States Trade Representative for Congressional Affairs.

      (2) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under

paragraph (1) are authorized to remain available until expended.

Subtitle C--United States International Trade Commission

SEC. 961. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- Section 330(e)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended--

      (1) in clause (i) to read as follows:

      ‘(i) $51,400,000 for fiscal year 2002.’; and

      (2) in clause (ii) to read as follows:

      ‘(ii) $53,400,000 for fiscal year 2003.’.

    (b) SUBMISSION OF OUT-YEAR BUDGET PROJECTIONS- Section 330(e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended by adding at the end the following:

    ‘(4) By not later than the date on which the President submits to Congress the budget of the United States Government for a fiscal year, the Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Commission to carry out its functions.’.

Subtitle D--Other Trade Provisions

SEC. 971. INCREASE IN AGGREGATE VALUE OF ARTICLES EXEMPT FROM DUTY ACQUIRED ABROAD BY UNITED STATES RESIDENTS.

    (a) IN GENERAL- Subheading 9804.00.65 of the Harmonized Tariff Schedule of the United States is amended in the article description column by striking ‘$400’ and inserting ‘$800’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect 90 days after the date of enactment of this Act.

SEC. 972. REGULATORY AUDIT PROCEDURES.

    Section 509(b) of the Tariff Act of 1930 (19 U.S.C. 1509(b)) is amended by adding at the end the following:

      ‘(6)(A) If during the course of any audit concluded under this subsection, the Customs Service identifies overpayments of duties or fees or over-declarations of quantities or values that are within the time period and scope of the audit that the Customs Service has defined, then in calculating the loss of revenue or monetary penalties under section 592, the Customs Service shall treat the overpayments or over-declarations on finally liquidated entries as an offset to any underpayments or underdeclarations also identified on finally liquidated entries if such overpayments or over-declarations were not made by the person being audited for the purpose of violating any provision of law.

      ‘(B) Nothing in this paragraph shall be construed to authorize a refund not otherwise authorized under section 520.’.

Subtitle E--Sense of Senate

SEC. 981. SENSE OF SENATE.

    It is the sense of the Senate that fees collected for certain customs services (commonly referred to as ‘customs user fees’) provided for in section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) may be used only for the operations and programs of the United States Customs Service.

TITLE X--MISCELLANEOUS PROVISIONS

SEC. 1001. COUNTRY OF ORIGIN LABELING OF FISH AND SHELLFISH PRODUCTS.

    (a) DEFINITIONS- In this section:

      (1) COVERED COMMODITY- The term ‘covered commodity’ means--

        (A) a perishable agricultural commodity; and

        (B) any fish or shellfish, and any fillet, steak, nugget, or any other flesh from fish or shellfish, whether fresh, chilled, frozen, canned, smoked, or otherwise preserved.

      (2) FOOD SERVICE ESTABLISHMENT- The term ‘food service establishment’ means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public.

      (3) PERISHABLE AGRICULTURAL COMMODITY; RETAILER- The terms ‘perishable agricultural commodity’ and ‘retailer’ have the meanings given the terms in section 1(b) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b)).

      (4) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture, acting through the Agricultural Marketing Service.

    (b) NOTICE OF COUNTRY OF ORIGIN-

      (1) REQUIREMENT- Except as provided in paragraph (3), a retailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the country of origin of the covered commodity.

      (2) UNITED STATES COUNTRY OF ORIGIN- A retailer of a covered commodity may designate the covered commodity as having a United States country of origin only if the covered commodity is exclusively harvested and processed in the United States, or in the case of farm-raised fish and shellfish, is hatched, raised, harvested, and processed in the United States.

      (3) EXEMPTION FOR FOOD SERVICE ESTABLISHMENTS- Paragraph (1) shall not apply to a covered commodity if the covered commodity is prepared or served in a food service establishment, and--

        (A) offered for sale or sold at the food service establishment in normal retail quantities; or

        (B) served to consumers at the food service establishment.

    (c) METHOD OF NOTIFICATION-

      (1) IN GENERAL- The information required by subsection (b) may be provided to consumers by means of a label, stamp, mark, placard, or other clear and visible sign on the covered commodity or on the package, display, holding unit, or bin containing the covered commodity at the final point of sale to consumers.

      (2) LABELED COMMODITIES- If the covered commodity is already individually labeled for retail sale regarding country of origin, the retailer shall not be required to provide any additional information to comply with this section.

    (d) AUDIT VERIFICATION SYSTEM- The Secretary may require that any person that prepares, stores, handles, or distributes a covered commodity for retail sale maintain a verifiable recordkeeping audit trail that will permit the Secretary to ensure compliance with the regulations promulgated under subsection (g).

    (e) INFORMATION- Any person engaged in the business of supplying a covered commodity to a retailer shall provide information to the retailer indicating the country of origin of the covered commodity.

    (f) ENFORCEMENT-

      (1) IN GENERAL- Each Federal agency having jurisdiction over retailers of covered commodities shall, at such time as the necessary regulations are adopted under subsection (g), adopt measures intended to ensure that the requirements of this section are followed by affected retailers.

      (2) VIOLATION- A violation of subsection (b) shall be treated as a violation under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.).

    (g) REGULATIONS-

      (1) IN GENERAL- The Secretary may promulgate such regulations as are necessary to carry out this section within 1 year after the date of enactment of this Act.

      (2) PARTNERSHIPS WITH STATES- In promulgating the regulations, the Secretary shall, to the maximum extent practicable, enter into partnerships with States that have the enforcement infrastructure necessary to carry out this section.

    (h) APPLICATION- This section shall apply to the retail sale of a covered commodity beginning on the date that is 180 days after the date of enactment of this Act.

SEC. 1002. SUGAR POLICY.

    (a) FINDINGS- Congress finds that--

      (1) the tariff-rate quotas imposed on imports of sugar, syrups and sugar-containing products under chapters 17, 18, 19, and 21 of the Harmonized Tariff Schedule of the United States are an essential element of United States sugar policy;

      (2) circumvention of the tariff-rate quotas will, if unchecked, make it impossible to achieve the objectives of United States sugar policy;

      (3) the tariff-rate quotas have been circumvented frequently, defeating the purposes of United States sugar policy and causing disruption to the United States market for sweeteners, injury to domestic growers, refiners, and processors of sugar, and adversely affecting legitimate exporters of sugar to the United States;

      (4) it is essential to United States sugar policy that the tariff-rate quotas be enforced and that deceptive practices be prevented, including the importation of products with no commercial use and failure to disclose all relevant information to the United States Customs Service; and

      (5) unless action is taken to prevent circumvention, circumvention of the tariff-rate quotas will continue and will ultimately destroy United States sugar policy.

    (b) POLICY- It is the policy of the United States to maintain the integrity of the tariff-rate quotas on sugars, syrups, and sugar-containing products by stopping circumvention as soon as it becomes apparent. It is also the policy of the United States that products not used to circumvent the tariff-rate quotas, such as molasses used for animal feed or for rum, not be affected by any action taken pursuant to this Act.

    (c) IDENTIFICATION OF IMPORTS-

      (1) IDENTIFICATION- Not later than 30 days after the date of enactment of this Act, and on a regular basis thereafter, the Secretary of Agriculture shall--

        (A) identify imports of articles that are circumventing tariff-rate quotas on sugars, syrups, or sugar-containing products imposed under chapter 17, 18, 19, or 21 of the Harmonized Tariff Schedule of the United States; and

        (B) report to the President the articles found to be circumventing the tariff-rate quotas.

      (2) ACTION BY PRESIDENT- Upon receiving the report from the Secretary of Agriculture, the President shall, by proclamation, include any article identified by the Secretary in the appropriate tariff-rate quota provision of the Harmonized Tariff Schedule.

Calendar No. 313

107th CONGRESS

2d Session

S. 1209

[Report No. 107-134]

A BILL

To amend the Trade Act of 1974 to consolidate and improve the trade adjustment assistance programs, to provide community-based economic development assistance for trade-affected communities, and for other purposes.


February 4, 2002

Reported with an amendment