[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1209 Reported in Senate (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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Trade
Adjustment Assistance for Workers, Farmers, Communities, and Firms Act
of 2001''.</DELETED>
<DELETED> (b) Table of Contents.--</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
<DELETED>Sec. 101. Adjustment assistance for workers.
<DELETED>Sec. 102. 50 percent refundable tax credit toward premiums for
COBRA continuation coverage.
<DELETED>TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
<DELETED>Sec. 201. Reauthorization of program.
<DELETED>TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
<DELETED>Sec. 301. Purpose.
<DELETED>Sec. 302. Trade adjustment assistance for communities.
<DELETED>TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
<DELETED>Sec. 401. Trade adjustment assistance for farmers.
<DELETED>TITLE V--CONFORMING AMENDMENTS AND EFFECTIVE DATE
<DELETED>Sec. 501. Conforming amendments.
<DELETED>TITLE VI--SAVINGS PROVISIONS AND EFFECTIVE DATE
<DELETED>Sec. 601. Savings provisions.
<DELETED>Sec. 602. Effective date.
<DELETED>TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS</DELETED>
<DELETED>SEC. 101. ADJUSTMENT ASSISTANCE FOR WORKERS.</DELETED>
<DELETED> Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C.
2271 et seq.) is amended to read as follows:</DELETED>
<DELETED>``CHAPTER 2--ADJUSTMENT ASSISTANCE FOR WORKERS</DELETED>
<DELETED>``Subchapter A--General Provisions</DELETED>
<DELETED>``SEC. 221. DEFINITIONS.</DELETED>
<DELETED> ``In this chapter:</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Adversely affected worker.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(5) Average weekly wage.--</DELETED>
<DELETED> ``(A) In general.--The term `average
weekly wage' means </DELETED>\<DELETED>1/13</DELETED>\
<DELETED>of the total wages paid to an individual in
the high quarter.</DELETED>
<DELETED> ``(B) Definitions.--For purposes of
computing the average weekly wage--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(6) Benefit period.--The term `benefit period'
means, with respect to an individual, the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Federal law.--The equivalent to the
benefit year or ensuing period provided for under the
applicable Federal unemployment insurance
law.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(8) Contributed importantly.--The term
`contributed importantly' means a cause that is important but
not necessarily more important than any other cause.</DELETED>
<DELETED> ``(9) Cooperating state.--The term `cooperating
State' means any State that has entered into an agreement with
the Secretary under section 222.</DELETED>
<DELETED> ``(10) 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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(13) Job search program.--The term `job search
program' means a job search workshop or job finding
club.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(16) Partial separation.--A partial separation
shall be considered to exist with respect to an individual if--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(18) Secretary.--The term `Secretary' means the
Secretary of Labor.</DELETED>
<DELETED> ``(19) State.--The term `State' includes each
State of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.</DELETED>
<DELETED> ``(20) State agency.--The term `State agency'
means the agency of the State that administers the State
law.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.).</DELETED>
<DELETED> ``(25) Week.--Except as provided in paragraph
5(B)(ii), the term `week' means a week as defined in the
applicable State law.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 222. AGREEMENTS WITH STATES.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Terms of Agreements.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Provisions of agreements.--Under an
agreement entered into under subsection (a), and as an agent of
the United States, the State shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(F) receive applications for services
under this chapter;</DELETED>
<DELETED> ``(G) provide payments on the basis
provided in this chapter;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(J) ensure that State employees with
responsibility for carrying out an agreement entered
into under subsection (a)--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) medical assistance
under the medicaid program established
under title XIX of the Social Security
Act (42 U.S.C. 1396a et
seq.);</DELETED>
<DELETED> ``(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.);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(IV) other Federal and
State funded health care, child care,
transportation, and assistance programs
that the workers may be eligible for;
and</DELETED>
<DELETED> ``(ii) provide such workers with
information regarding how to apply for such
assistance, services, and programs;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(L) provide services under this chapter
using individuals approved by the Secretary to
effectively assist workers eligible for assistance
under this chapter;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Other Provisions.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(d) Review of State Determinations.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 223. ADMINISTRATION ABSENT STATE AGREEMENT.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED>``SEC. 224. DATA COLLECTION; EVALUATIONS; REPORTS.</DELETED>
<DELETED> ``(a) Data Collection.--The Secretary shall, pursuant to
regulations prescribed by the Secretary, collect any data necessary to
meet the requirements of this chapter.</DELETED>
<DELETED> ``(b) Performance Evaluations.--The Secretary shall
establish an effective performance measuring system to evaluate the
following:</DELETED>
<DELETED> ``(1) Program performance.--</DELETED>
<DELETED> ``(A) speed of petition
processing;</DELETED>
<DELETED> ``(B) quality of petition
processing;</DELETED>
<DELETED> ``(C) cost of training programs;</DELETED>
<DELETED> ``(D) coordination of programs under this
title with programs under the Workforce Investment Act
(29 U.S.C. 2801 et seq.);</DELETED>
<DELETED> ``(E) length of time participants take to
enter and complete training programs;</DELETED>
<DELETED> ``(F) the effectiveness of individual
contractors in providing appropriate retraining
information;</DELETED>
<DELETED> ``(G) the effectiveness of individual
approved training programs in helping workers obtain
employment;</DELETED>
<DELETED> ``(H) best practices related to the
provision of benefits and retraining; and</DELETED>
<DELETED> ``(I) other data to evaluate how
individual States are implementing the requirements of
this title.</DELETED>
<DELETED> ``(2) Participant outcomes.--</DELETED>
<DELETED> ``(A) reemployment rates;</DELETED>
<DELETED> ``(B) types of jobs in which displaced
workers have been placed;</DELETED>
<DELETED> ``(C) wage and benefit maintenance
results;</DELETED>
<DELETED> ``(D) training completion rates;
and</DELETED>
<DELETED> ``(E) other data to evaluate how effective
programs under this chapter are for
participants.</DELETED>
<DELETED> ``(3) Program participation data.--</DELETED>
<DELETED> ``(A) the number of workers receiving
benefits and the type of benefits being
received;</DELETED>
<DELETED> ``(B) the number of workers enrolled in,
and the duration of, training by major types of
training; and</DELETED>
<DELETED> ``(C) earnings history of workers that
reflects wages before separation and wages in any job
obtained after receiving benefits under this
Act.</DELETED>
<DELETED> ``(c) State Participation.--The Secretary shall ensure, to
the extent practicable, through oversight and effective internal
control measures the following:</DELETED>
<DELETED> ``(1) State participation.--Participation by each
State in the performance measurement system established under
subsection (b).</DELETED>
<DELETED> ``(2) Monitoring.--Monitoring by each State of
internal control measures with respect to performance
measurement data collected by each State.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(d) Reports.--</DELETED>
<DELETED> ``(1) Reports by the secretary.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) describes the performance
measurement system established under subsection
(b);</DELETED>
<DELETED> ``(ii) includes analysis of data
collected through the system established under
subsection (b);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iv) describes and analyzes
State participation in the system;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(vi) provides recommendations
for program improvements.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED>``SEC. 225. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL
TRADE COMMISSION BEGINS INVESTIGATION.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) the extent to which the adjustment of those
workers to the import competition may be facilitated through
the use of existing programs.</DELETED>
<DELETED> ``(b) Report.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Subchapter B--Certifications</DELETED>
<DELETED>``SEC. 231. CERTIFICATION AS ADVERSELY AFFECTED
WORKERS.</DELETED>
<DELETED> ``(a) Eligibility for Certification.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) the shift in production described
in subclause (I) contributed importantly to the
workers' separation or threat of separation.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(3) Special provisions.--For purposes of this
section--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Petitions.--</DELETED>
<DELETED> ``(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 Governor of the State in which the
firm or subdivision of the firm employing the workers is
located.</DELETED>
<DELETED> ``(2) Persons who may file a petition.--A petition
under paragraph (1) may be filed by any of the
following:</DELETED>
<DELETED> ``(A) Workers.--The group of workers
(including workers in an agricultural firm or
subdivision or any agricultural firm).</DELETED>
<DELETED> ``(B) Worker representatives.--The
certified or recognized union or other duly appointed
representative of the workers.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Actions by governor.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) provided with all available
services, including rapid response activities
under section 134 of the Workforce Investment
Act (29 U.S.C. 2864);</DELETED>
<DELETED> ``(ii) informed of the workers'
(and individual member's of the worker's
family) potential eligibility for--</DELETED>
<DELETED> ``(I) medical assistance
under the medicaid program established
under title XIX of the Social Security
Act (42 U.S.C. 1396a et
seq.);</DELETED>
<DELETED> ``(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.);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(IV) other Federal and
State funded health care, child care,
transportation, and assistance programs
that the workers may be eligible for;
and</DELETED>
<DELETED> ``(iii) provided with information
regarding how to apply for the assistance,
services, and programs described in clause
(ii).</DELETED>
<DELETED> ``(c) Actions by Secretary.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Scope of Certification.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(e) Termination of Certification.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 232. BENEFIT INFORMATION TO WORKERS.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) benefit allowances, training, and other
employment services available under this chapter;</DELETED>
<DELETED> ``(2) petition and application procedures under
this chapter;</DELETED>
<DELETED> ``(3) appropriate filing dates for the allowances,
training, and services available under this chapter;
and</DELETED>
<DELETED> ``(4) procedures for applying for and receiving
all other Federal benefits and services available to separated
workers during a period of unemployment.</DELETED>
<DELETED> ``(b) Assistance to Groups of Workers.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall provide any
necessary assistance to enable groups of workers to prepare
petitions or applications for program benefits.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Notice.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Subchapter C--Program Benefits</DELETED>
<DELETED>``PART I--GENERAL PROVISIONS</DELETED>
<DELETED>``SEC. 234. COMPREHENSIVE ASSISTANCE.</DELETED>
<DELETED> ``Workers covered by a certification issued by the
Secretary under section 231 shall be eligible for the
following:</DELETED>
<DELETED> ``(1) Trade adjustment allowances as described in
sections 235 through 238.</DELETED>
<DELETED> ``(2) Employment services as described in section
239.</DELETED>
<DELETED> ``(3) Training as described in section
240.</DELETED>
<DELETED> ``(4) Job search allowances as described in
section 241.</DELETED>
<DELETED> ``(5) Relocation allowances as described in
section 242.</DELETED>
<DELETED> ``(6) Supportive services and wage insurance as
described in section 243.</DELETED>
<DELETED>``PART II--TRADE ADJUSTMENT ALLOWANCES</DELETED>
<DELETED>``SEC. 235. QUALIFYING REQUIREMENTS FOR WORKERS.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) before the expiration of the 2-year
period beginning on the date on which the certification
under section 231 was issued; and</DELETED>
<DELETED> ``(C) before the termination date (if any)
determined pursuant to section 231(e).</DELETED>
<DELETED> ``(2) Employment required.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) is on employer-authorized
leave for purposes of vacation, sickness,
injury, maternity, or inactive duty or active
duty military service for training;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iii) had employment interrupted
in order to serve as a full-time representative
of a labor organization in that firm or
subdivision; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(D) Exceptions.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(3) Unemployment compensation.--The adversely
affected worker meets all of the following
requirements:</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) in which total or partial
separation took place; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(C) No unexpired waiting period.--The
worker does not have an unexpired waiting period
applicable to the worker for any unemployment
insurance.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Failure To Participate in Training.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the Secretary determines that--
</DELETED>
<DELETED> ``(i) the adversely affected
worker--</DELETED>
<DELETED> ``(I) has failed to begin
participation in a training program the
enrollment in which meets the
requirement of subsection (a)(5);
or</DELETED>
<DELETED> ``(II) has ceased to
participate in such a training program
before completing the training program;
and</DELETED>
<DELETED> ``(ii) there is no justifiable
cause for the failure or cessation;
or</DELETED>
<DELETED> ``(B) the waiver issued to that worker
under subsection (c)(1) is revoked under subsection
(c)(2).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Waivers of Training Requirements.--</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) Recall.--The worker has been
notified that the worker will be recalled by the firm
from which the separation occurred.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(I) No reasonable expectation of
employment.--There is no reasonable expectation of
employment following completion of the
training.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(K) Worker not qualified.--The worker is
not qualified to undertake and complete any
training.</DELETED>
<DELETED> ``(2) Duration of waivers.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Amendments under section 222.--</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 236. WEEKLY AMOUNTS.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) any training allowance deductible under
subsection (c); and</DELETED>
<DELETED> ``(2) any income that is deductible from
unemployment insurance under the disqualifying income
provisions of the applicable State law or Federal unemployment
insurance law.</DELETED>
<DELETED> ``(b) Adjustment for Workers Receiving Training.--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the amount computed under subsection
(a); or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Adjustment for Workers Receiving Allowances Under
Other Federal Law.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED>``SEC. 237. LIMITATIONS ON TRADE ADJUSTMENT
ALLOWANCES.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(b) Duration of Payments.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) within the period that is described
in section 235(a)(1); and</DELETED>
<DELETED> ``(B) with respect to which the worker
meets the requirements of section 235(a)(2).</DELETED>
<DELETED> ``(2) Special rules.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the worker was participating
in a training program approved under section
240(a) before the beginning of the break in
training; and</DELETED>
<DELETED> ``(ii) the break is provided under
the training program.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Year-End Adjustment.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED>``SEC. 238. APPLICATION OF STATE LAWS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED>``PART III--EMPLOYMENT SERVICES, TRAINING, AND OTHER
ALLOWANCES</DELETED>
<DELETED>``SEC. 239. EMPLOYMENT SERVICES.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``SEC. 240. TRAINING.</DELETED>
<DELETED> ``(a) Approved Training Programs.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall approve
training programs that include--</DELETED>
<DELETED> ``(A) on-the-job training;</DELETED>
<DELETED> ``(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.);</DELETED>
<DELETED> ``(C) any program of adult
education;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) under any Federal or State
program other than this chapter; or</DELETED>
<DELETED> ``(ii) from any source other than
this section; and</DELETED>
<DELETED> ``(E) any other training program that the
Secretary determines is acceptable to meet the needs of
an adversely affected worker.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(3) Limitation on approvals.--The Secretary
shall not approve a training program if all of the following
apply:</DELETED>
<DELETED> ``(A) Payment by plan.--Any portion of the
costs of the training program are paid under any
nongovernmental plan or program.</DELETED>
<DELETED> ``(B) Right to obtain.--The adversely
affected worker has a right to obtain training or funds
for training under that plan or program.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Payment of Training Costs.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) On-the-job training.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Limitations.--The Secretary may pay
the costs of on-the-job training only if--</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(ii) the training does not
impair contracts for services or collective
bargaining agreements;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iv) no other individual is on
layoff from the same, or any substantially
equivalent, job for which the adversely
affected worker is being trained;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) Funding was not available at the time at
which the adversely affected worker was required to enter
training under paragraph (1).</DELETED>
<DELETED> ``(2) The adversely affected worker was covered by
a waiver issued under section 235(c).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Supplemental Assistance.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Transportation expenses.--The Secretary may
not authorize payments for travel expenses exceeding the
prevailing mileage rate authorized under the Federal travel
regulations.</DELETED>
<DELETED> ``(3) Subsistence expenses.--The Secretary may not
authorize payments for subsistence that exceed the lesser of--
</DELETED>
<DELETED> ``(A) the actual per diem expenses for
subsistence of the worker; or</DELETED>
<DELETED> ``(B) an amount equal to 50 percent of the
prevailing per diem allowance rate authorized under
Federal travel regulations.</DELETED>
<DELETED> ``(f) Special Provisions; Limitations.--</DELETED>
<DELETED> ``(1) Limitation on making payments.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) No payment of reimbursable costs.--
No payment for the cost of approved training may be
made under subsection (b) if those costs--</DELETED>
<DELETED> ``(i) have already been paid under
any other provision of Federal law;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) under any Federal or State
program other than this chapter; or</DELETED>
<DELETED> ``(ii) from any source other than
this section.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Payments after reemployment.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Funding.--The total amount of payments that
may be made under this section for any fiscal year shall not
exceed $300,000,000.</DELETED>
<DELETED>``SEC. 241. JOB SEARCH ALLOWANCES.</DELETED>
<DELETED> ``(a) Job Search Allowance Authorized.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Approval of applications.--The Secretary may
grant an allowance pursuant to an application filed under
paragraph (1) when all of the following apply:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Application.--The worker has filed
an application for the allowance with the Secretary
before--</DELETED>
<DELETED> ``(i) the later of--</DELETED>
<DELETED> ``(I) the 365th day after
the date of the certification under
which the worker is certified as
eligible; or</DELETED>
<DELETED> ``(II) the 365th day after
the date of the worker's last total
separation; or</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(b) Amount of Allowance.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(A) Maximum allowance.--Reimbursement
may not exceed $1,200 for any worker.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 242. RELOCATION ALLOWANCES.</DELETED>
<DELETED> ``(a) Relocation Allowance Authorized.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Conditions for granting allowance.--A
relocation allowance may be granted if all of the following
terms and conditions are met:</DELETED>
<DELETED> ``(A) Assist an adversely affected
worker.--The relocation allowance will assist an
adversely affected worker in relocating within the
United States.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Total separation.--The worker is
totally separated from employment at the time
relocation commences.</DELETED>
<DELETED> ``(D) Suitable employment obtained.--The
worker--</DELETED>
<DELETED> ``(i) has obtained suitable
employment affording a reasonable expectation
of long-term duration in the area in which the
worker wishes to relocate; or</DELETED>
<DELETED> ``(ii) has obtained a bona fide
offer of such employment.</DELETED>
<DELETED> ``(E) Application.--The worker filed an
application with the Secretary before--</DELETED>
<DELETED> ``(i) the later of--</DELETED>
<DELETED> ``(I) the 425th day after
the date of the certification under
section 231; or</DELETED>
<DELETED> ``(II) the 425th day after
the date of the worker's last total
separation; or</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(b) Amount of Allowance.--The relocation allowance
granted to a worker under subsection (a) includes--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) a lump sum equivalent to 3 times the
worker's average weekly wage, up to a maximum payment of
$1,500.</DELETED>
<DELETED> ``(c) Limitations.--A relocation allowance may not be
granted to a worker unless--</DELETED>
<DELETED> ``(1) the relocation occurs within 182 days after
the filing of the application for relocation assistance;
or</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED>``SEC. 243. SUPPORTIVE SERVICES; WAGE INSURANCE.</DELETED>
<DELETED> ``(a) Supportive Services.--</DELETED>
<DELETED> ``(1) Application.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) provide other services
under title I of the Workforce Investment Act
of 1998.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) Necessity.--Providing services is
necessary to enable the worker to participate in or
complete training.</DELETED>
<DELETED> ``(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.).</DELETED>
<DELETED> ``(b) Wage Insurance Program.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Amount of payment.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Eligibility.--An adversely affected worker
may be eligible to receive a wage subsidy under this subsection
if the worker--</DELETED>
<DELETED> ``(A) enrolls in the Wage Insurance
Program;</DELETED>
<DELETED> ``(B) obtains reemployment not more than
26 weeks after the date of separation from the
adversely affected employment;</DELETED>
<DELETED> ``(C) is at least 50 years of
age;</DELETED>
<DELETED> ``(D) earns not more than $50,000 a year
in wages from reemployment;</DELETED>
<DELETED> ``(E) is employed at least 30 hours a week
in the reemployment; and</DELETED>
<DELETED> ``(F) does not return to the employment
from which the worker was separated.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Studies of Assistance Available to Economically
Distressed Workers.--</DELETED>
<DELETED> ``(1) Study by the general accounting office.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) all Federal programs
designed to assist workers facing job loss and
economic distress, including all benefits and
services;</DELETED>
<DELETED> ``(ii) eligibility requirements
for each of the programs; and</DELETED>
<DELETED> ``(iii) procedures for applying
for and receiving benefits and services under
each of the programs.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Studies by the states.--</DELETED>
<DELETED> ``(A) In general.--Each State may conduct
a study of its assistance programs for workers facing
job loss and economic distress.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Subchapter D--Payment and Enforcement Provisions</DELETED>
<DELETED>``SEC. 244. PAYMENTS TO STATES.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Limitation on Use of Funds.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 245. LIABILITIES OF CERTIFYING AND DISBURSING
OFFICERS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED>``SEC. 246. FRAUD AND RECOVERY OF OVERPAYMENTS.</DELETED>
<DELETED> ``(a) In General.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) No fault.--The payment was made
without fault on the part of the person.</DELETED>
<DELETED> ``(B) Repayment contrary to equity.--
Requiring repayment would be contrary to equity and
good conscience.</DELETED>
<DELETED> ``(3) Procedure for recovery.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Recovered Funds.--Any amount recovered under this
section shall be returned to the Treasury of the United
States.</DELETED>
<DELETED>``SEC. 247. CRIMINAL PENALTIES.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``SEC. 248. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``SEC. 249. REGULATIONS.</DELETED>
<DELETED> ``The Secretary shall prescribe such regulations as may be
necessary to carry out the provisions of this chapter.</DELETED>
<DELETED>``SEC. 250. SUBPOENA POWER.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 102. 50 PERCENT REFUNDABLE TAX CREDIT TOWARD PREMIUMS FOR
COBRA CONTINUATION COVERAGE.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 35. COBRA CONTINUATION COVERAGE PREMIUMS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 35. COBRA continuation
coverage premiums.
<DELETED>``Sec. 36. Overpayments of
tax.''.
<DELETED> (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.</DELETED>
<DELETED>TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS</DELETED>
<DELETED>SEC. 201. REAUTHORIZATION OF PROGRAM.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) in paragraph (1), by striking subparagraphs
(B) and (C) and inserting the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in paragraph (2), by striking ``paragraph
(1)(C)'' and inserting ``subparagraphs (B) and (C) of paragraph
(1)''.</DELETED>
<DELETED>TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR
COMMUNITIES</DELETED>
<DELETED>SEC. 301. PURPOSE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 302. TRADE ADJUSTMENT ASSISTANCE FOR
COMMUNITIES.</DELETED>
<DELETED> Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C.
2371 et seq.) is amended to read as follows:</DELETED>
<DELETED>``CHAPTER 4--COMMUNITY ECONOMIC ADJUSTMENT</DELETED>
<DELETED>``SEC. 271. DEFINITIONS.</DELETED>
<DELETED> ``In this chapter:</DELETED>
<DELETED> ``(1) Civilian labor force.--The term `civilian
labor force' has the meaning given that term in regulations
prescribed by the Secretary of Labor.</DELETED>
<DELETED> ``(2) Community.--The term `community' means a
county or equivalent political subdivision of a
State.</DELETED>
<DELETED> ``(A) Rural community.--The term `rural
community' means a community that has a rural-urban
continuum code of 4 through 9.</DELETED>
<DELETED> ``(B) Urban community.--The term `urban
community' means a community that has a rural-urban
continuum code of 0 through 3.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Director.--The term `Director' means the
Director of the Office of Community Economic
Adjustment.</DELETED>
<DELETED> ``(5) Eligible community.--The term `eligible
community' means a community certified under section 273 as
eligible for assistance under this chapter.</DELETED>
<DELETED> ``(6) Job loss.--The term `job loss' means the
total or partial separation of an individual, as those terms
are defined in section 221.</DELETED>
<DELETED> ``(7) Office.--The term `Office' means the Office
of Community Economic Adjustment established under section
272.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(9) Secretary.--The term `Secretary' means the
Secretary of Commerce.</DELETED>
<DELETED>``SEC. 272. OFFICE OF COMMUNITY ECONOMIC ADJUSTMENT.</DELETED>
<DELETED> ``(a) Establishment.--There is established an Office of
Community Economic Adjustment in the Office of the Secretary of
Commerce.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Coordination of Federal Response.--The Office
shall--</DELETED>
<DELETED> ``(1) provide leadership, support, and
coordination for a comprehensive management program to address
economic dislocation in eligible communities;</DELETED>
<DELETED> ``(2) establish an easily accessible, one-stop
clearinghouse for States and eligible communities to obtain
information regarding economic development assistance available
under Federal law;</DELETED>
<DELETED> ``(3) coordinate the Federal response to an
eligible community--</DELETED>
<DELETED> ``(A) by identifying all Federal, State,
and local resources that are available to assist the
eligible community in recovering from economic
distress;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(C) by assuring timely consultation and
cooperation between Federal, State, and regional
officials concerning community economic
adjustment;</DELETED>
<DELETED> ``(D) by identifying and strengthening
existing agency mechanisms designed to assist
communities in economic adjustment and workforce
reemployment;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(F) by creating, maintaining, and using
a uniform economic database to analyze community
adjustment activities; and</DELETED>
<DELETED> ``(G) by assigning a community economic
adjustment advisor to work with each eligible
community;</DELETED>
<DELETED> ``(4) provide comprehensive technical assistance
to any eligible community in the efforts of that community to--
</DELETED>
<DELETED> ``(A) identify serious economic problems
in the community that result from an increase in
imports or shift in production;</DELETED>
<DELETED> ``(B) integrate the major groups and
organizations significantly affected by the economic
adjustment;</DELETED>
<DELETED> ``(C) organize a Community Economic
Development Coordinating Committee;</DELETED>
<DELETED> ``(D) access Federal, State, and local
resources designed to assist in economic development
and trade adjustment assistance;</DELETED>
<DELETED> ``(E) diversify and strengthen the
community economy; and</DELETED>
<DELETED> ``(F) develop a community-based strategic
plan to address workforce dislocation and economic
development;</DELETED>
<DELETED> ``(5) establish specific criteria for submission
and evaluation of a strategic plan submitted under section
276(d);</DELETED>
<DELETED> ``(6) administer the grant programs established
under sections 276 and 277; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 273. NOTIFICATION AND CERTIFICATION AS AN ELIGIBLE
COMMUNITY.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) Number of job losses.--The Director shall
certify that a community is eligible for assistance under this
chapter if--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) of its determination under subsection
(b);</DELETED>
<DELETED> ``(2) of the provisions of this chapter;</DELETED>
<DELETED> ``(3) how to access the clearinghouse established
under section 272(c)(2); and</DELETED>
<DELETED> ``(4) how to obtain technical assistance provided
under section 272(c)(4).</DELETED>
<DELETED>``SEC. 274. COMMUNITY ECONOMIC DEVELOPMENT COORDINATING
COMMITTEE.</DELETED>
<DELETED> ``(a) Establishment.--In order to receive benefits under
this chapter, an eligible community shall establish a Community
Economic Development Coordinating Committee.</DELETED>
<DELETED> ``(b) Composition of the Committee.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Duties.--The Community Economic Development
Coordinating Committee shall--</DELETED>
<DELETED> ``(1) ascertain the severity of the community
economic adjustment required as a result of the increase in
imports or shift in production;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 275. COMMUNITY ECONOMIC ADJUSTMENT ADVISORS.</DELETED>
<DELETED> ``(a) In General.--Pursuant to section 272(c)(3)(G), the
Director shall assign a community economic adjustment advisor to each
eligible community.</DELETED>
<DELETED> ``(b) Duties.--The community economic adjustment advisor
shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) at the local and regional level, coordinate
the response of all Federal agencies offering assistance to the
eligible community;</DELETED>
<DELETED> ``(3) serve as an ex officio member of the
Community Economic Development Coordinating Committee
established by an eligible community under section
274;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(6) perform other duties as directed by the
Secretary or the Director.</DELETED>
<DELETED>``SEC. 276. STRATEGIC PLANS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Requirements for Strategic Plan.--A strategic plan
shall contain, at a minimum, the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) A description of, and a plan to accomplish,
the projects to be undertaken by the eligible
community.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) A description of any additional steps the
eligible community will take to achieve economic adjustment and
diversification.</DELETED>
<DELETED> ``(6) A description and justification for the cost
and timing of proposed basic and advanced infrastructure
improvements in the eligible community.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(8) A description of how the plan will adapt to
changing markets, business cycles, and other
variables.</DELETED>
<DELETED> ``(9) A graduation strategy through which the
eligible community demonstrates that the community will
terminate the need for Federal assistance.</DELETED>
<DELETED> ``(c) Grants To Develop Strategic Plans.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Amount.--The amount of a grant made under
paragraph (1) shall be determined by the Secretary, but may not
exceed $100,000.</DELETED>
<DELETED> ``(3) Limit.--Each community can only receive 1
grant for the purpose of developing a strategic plan in any 5-
year period.</DELETED>
<DELETED> ``(d) Submission of Plan.--The strategic plan created
under subsection (a) shall be submitted to the Director for evaluation
and approval.</DELETED>
<DELETED>``SEC. 277. GRANTS FOR ECONOMIC DEVELOPMENT.</DELETED>
<DELETED> ``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--</DELETED>
<DELETED> ``(1) will be located in, or will create or
preserve jobs, in that eligible community; and</DELETED>
<DELETED> ``(2) implements the strategy of that eligible
community to create jobs in sectors that are expected to
expand, including projects that--</DELETED>
<DELETED> ``(A) encourage industries to locate in
that eligible community;</DELETED>
<DELETED> ``(B) leverage resources to create or
improve Internet or telecommunications capabilities to
make the community more attractive for
business;</DELETED>
<DELETED> ``(C) establish a funding pool for job
creation through entrepreneurial activities;</DELETED>
<DELETED> ``(D) assist existing firms in that
community to restructure or retool to become more
competitive in world markets and prevent job loss;
or</DELETED>
<DELETED> ``(E) assist the community in acquiring
the resources necessary to meet the objectives set out
in the strategic plan.</DELETED>
<DELETED>``SEC. 278. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``SEC. 279. GENERAL PROVISIONS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out the provisions of this
chapter.''.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS</DELETED>
<DELETED>SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS</DELETED>
<DELETED>``SEC. 291. DEFINITIONS.</DELETED>
<DELETED> ``In this chapter:</DELETED>
<DELETED> ``(1) Agricultural commodity.--The term
`agricultural commodity' means any agricultural commodity
(including livestock, fish, or harvested seafood) in its raw or
natural state.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Contributed importantly.--</DELETED>
<DELETED> ``(A) In general.--The term `contributed
importantly' means a cause which is important but not
necessarily more important than any other
cause.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Duly authorized representative.--The term
`duly authorized representative' means an association of
agricultural commodity producers.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(6) Secretary.--The term `Secretary' means the
Secretary of Agriculture.</DELETED>
<DELETED>``SEC. 292. PETITIONS; GROUP ELIGIBILITY.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) the requirements of subsection (c)(2) are
met.</DELETED>
<DELETED> ``(e) Determination of Qualified Year and Commodity.--In
this chapter:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 293. DETERMINATIONS BY SECRETARY OF
AGRICULTURE.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN
INTERNATIONAL TRADE COMMISSION BEGINS
INVESTIGATION.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) the extent to which the adjustment of such
producers to the import competition may be facilitated through
the use of existing programs.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY
PRODUCERS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Notice of Benefits.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY
PRODUCERS.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) The producer certifies that the producer has
not received cash benefits under any provision of this title
other than this chapter.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) information regarding the
feasibility and desirability of substituting 1 or more
alternative commodities for the adversely affected
agricultural commodity; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Amount of Cash Benefits.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) one-half of the difference between--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) the national average price
of the agricultural commodity for the most
recent marketing year, and</DELETED>
<DELETED> ``(B) the amount of the agricultural
commodity produced by the agricultural commodity
producer in the most recent marketing year.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Limitations on Other Assistance.--An agricultural
commodity producer entitled to receive a cash benefit under this
chapter--</DELETED>
<DELETED> ``(1) shall not be eligible for any other cash
benefit under this title, and</DELETED>
<DELETED> ``(2) shall be entitled to employment services and
training benefits under part III of subchapter C of chapter
2.</DELETED>
<DELETED>``SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.</DELETED>
<DELETED> ``(a) In General.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the payment was made without fault
on the part of such person; and</DELETED>
<DELETED> ``(B) requiring such repayment would be
contrary to equity and good conscience.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) False Statements.--If the Secretary, or a court of
competent jurisdiction, determines that a person--</DELETED>
<DELETED> ``(1) knowingly has made, or caused another to
make, a false statement or representation of a material fact,
or</DELETED>
<DELETED> ``(2) knowingly has failed, or caused another to
fail, to disclose a material fact,</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Payment to Treasury.--Any amount recovered under
this section shall be returned to the Treasury of the United
States.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>TITLE V--CONFORMING AMENDMENTS AND EFFECTIVE DATE</DELETED>
<DELETED>SEC. 501. CONFORMING AMENDMENTS.</DELETED>
<DELETED> (a) Amendments to the Trade Act of 1974.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (4) Termination.--Section 285 of the Trade Act of
1974 is amended to read as follows:</DELETED>
<DELETED>``SEC. 285. TERMINATION.</DELETED>
<DELETED> ``(a) Assistance for Workers.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) certified as eligible for trade
adjustment assistance benefits under section 231;
and</DELETED>
<DELETED> ``(B) is otherwise eligible to receive
trade adjustment assistance benefits under chapter
2.</DELETED>
<DELETED> ``(b) Other Assistance.--</DELETED>
<DELETED> ``(1) Assistance for firms.--Technical assistance
may not be provided under chapter 3 after September 30,
2006.</DELETED>
<DELETED> ``(2) Assistance for communities.--Technical
assistance and other payments may not be provided under chapter
4 after September 30, 2006.''.</DELETED>
<DELETED> (5) Table of contents.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED>````subchapter a--general provisionsor Workers
<DELETED>``Sec. 221. Definitions.
<DELETED>``Sec. 222. Agreements with States.
<DELETED>``Sec. 223. Administration absent State agreement.
<DELETED>``Sec. 224. Data collection; evaluations; reports.
<DELETED>``Sec. 225. Study by Secretary of Labor when
International Trade Commission begins
``subchapter b--certifications
<DELETED>``Sec. 231. Certification as adversely affected
workers.
<DELETED>``S``subchapter c--program benefitsworkers.
<DELETED>``Part I--General Provisions
<DELETED>``Sec. 234. Comprehensive assistance.
<DELETED>``Part II--Trade Adjustment Allowances
<DELETED>``Sec. 235. Qualifying requirements for workers.
<DELETED>``Sec. 236. Weekly amounts.
<DELETED>``Sec. 237. Limitations on trade adjustment
allowances.
<DELETED>``Sec. 238. Application of State laws.
<DELETED>``Part III--Employment Services, Training, and Other
Allowances
<DELETED>``Sec. 239. Employment services.
<DELETED>``Sec. 240. Training.
<DELETED>``Sec. 241. Job search allowances.
<DELETED>``Sec. 242. Relocation allowances.
<DE``subchapter d--payment and enforcement provisions
<DELETED>``Sec. 244. Payments to States.
<DELETED>``Sec. 245. Liabilities of certifying and disbursing
officers.
<DELETED>``Sec. 246. Fraud and recovery of overpayments.
<DELETED>``Sec. 247. Criminal penalties.
<DELETED>``Sec. 248. Authorization of appropriations.
<DELETED>``Sec. 249. Regulations.
<DELETED>``Sec. 250. Subpoena power.
<DELETED>``Chapter 3--Trade Adjustment Assistance for Firms
<DELETED>``Sec. 251. Petitions and determinations.
<DELETED>``Sec. 252. Approval of adjustment proposals.
<DELETED>``Sec. 253. Technical assistance.
<DELETED>``Sec. 254. Financial assistance.
<DELETED>``Sec. 255. Conditions for financial assistance.
<DELETED>``Sec. 256. Delegation of functions to Small Business
Administration; authorization of
appropriations.
<DELETED>``Sec. 257. Administration of financial assistance.
<DELETED>``Sec. 258. Protective provisions.
<DELETED>``Sec. 259. Penalties.
<DELETED>``Sec. 260. Suits.
<DELETED>``Sec. 261. Definition of firm.
<DELETED>``Sec. 262. Regulations.
<DELETED>``Sec. 264. Study by Secretary of Commerce when
International Trade Commission begins
investigation; action where there is
affirmative finding.
<DELETED>``Sec. 265. Assistance to industries.
<DELETED>``Chapter 4--Community Economic Adjustment
<DELETED>``Sec. 271. Definitions.
<DELETED>``Sec. 272. Office of Community Economic Adjustment.
<DELETED>``Sec. 273. Notification and certification as an
eligible community.
<DELETED>``Sec. 274. Community Economic Development
Coordinating Committee.
<DELETED>``Sec. 275. Community economic adjustment advisors.
<DELETED>``Sec. 276. Strategic plans.
<DELETED>``Sec. 277. Grants for economic development.
<DELETED>``Sec. 278. Authorization of appropriations.
<DELETED>``Sec. 279. General Provisions.''.
<DELETED> (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:</DELETED>
<DELETED>``Chapter 6--Adjustment Assistance for Farmers
<DELETED>``Sec. 291. Definitions.
<DELETED>``Sec. 292. Petitions; group eligibility.
<DELETED>``Sec. 293. Determinations by Secretary.
<DELETED>``Sec. 294. Study by Secretary when International Trade
Commission begins investigation.
<DELETED>``Sec. 295. Benefit information to agricultural commodity
producers.
<DELETED>``Sec. 296. Qualifying requirements for agricultural commodity
producers.
<DELETED>``Sec. 297. Fraud and recovery of overpayments.
<DELETED>``Sec. 298. Authorization of appropriations.''.
<DELETED> (b) Internal Revenue Code.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Federal unemployment.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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);''.</DELETED>
<DELETED> (B) Effective date.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Meeting of state
legislature.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (aa) the date the
State changes its statutes or
regulations in order to comply
with the amendments made by
this section; or</DELETED>
<DELETED> (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;</DELETED>
<DELETED>except that in no case shall
the amendments made by this Act apply
before October 1, 2001.</DELETED>
<DELETED> (II) Session defined.--In
this clause, the term ``session'' means
a regular, special, budget, or other
session of a State
legislature.</DELETED>
<DELETED> (c) Amendments to Title 28.--</DELETED>
<DELETED> (1) Civil actions against the united states.--
Section 1581(d) of title 28, United States Code, is amended--
</DELETED>
<DELETED> (A) in paragraph (1), by striking
``section 223'' and inserting ``section 231'';
and</DELETED>
<DELETED> (B) in paragraph (3), by striking
``section 271'' and inserting ``section
273''.</DELETED>
<DELETED> (2) Persons entitled to commence a civil action.--
Section 2631 of title 28, United States Code, is amended--
</DELETED>
<DELETED> (A) by amending subsection (d)(1) to read
as follows:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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
Economic Adjustment under section 273 of that Act''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>TITLE VI--SAVINGS PROVISIONS AND EFFECTIVE DATE</DELETED>
<DELETED>SEC. 601. SAVINGS PROVISIONS.</DELETED>
<DELETED> (a) Proceedings Not Affected.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 602. EFFECTIVE DATE.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) certifications for assistance under chapter 4
of title II of the Trade Act of 1974 issued on or after October
1, 2001.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) was certified as eligible for trade adjustment
assistance benefits under such chapter as in effect on such
date; and</DELETED>
<DELETED> (2) would otherwise be eligible to receive trade
adjustment assistance benefits under such chapter as in effect
on such date.</DELETED>
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
``subchapter b--certifications investigation.
``Sec. 231. Certification as adversely affected workers.
``Sec. 232. ``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.
``S``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