(Sec. 101) Sets forth certain data collection and reporting requirements with respect to the adjustment assistance program.
Provides for the eligibility certification of adversely affected secondary workers for trade adjustment assistance. Defines "adversely affected secondary worker" as a worker who is employed at a downstream producer (a firm that performs additional, value-added production processes to articles produced by another firm) or a supplier (a firm that produces component parts for the production process for articles).
Requires the Secretary of Labor to establish a program to provide adjustment assistance to domestic operators of motor carriers who are adversely affected by competition from foreign owned and operated motor carriers.
Authorizes a State to file on behalf of an adversely affected worker for the provision of certain supportive services (transportation, child care, and dependent care) that are necessary to enable such worker to participate in activities under the trade adjustment assistance program.
Directs the Secretary to establish a Wage Insurance Program under which a State uses funds provided to it for trade adjustment allowances to pay an adversely affected worker a wage subsidy of up to 50 percent of the difference between the wages received by such worker from reemployment and the wages received by the worker at the time of separation for a period not to exceed two years.
Directs the Comptroller General to study and report to specified congressional committees on all assistance provided by the Federal Government for workers facing job loss and economic distress. Authorizes a State to conduct a similar study of its assistance programs for such workers.
Increases the civil penalty for knowingly making a false statement, or knowingly failing to disclose a material fact, for the purpose of obtaining or increasing their payment of trade adjustment assistance under this Act.
Authorizes appropriations.
(Sec. 102) Establishes a self-employment training pilot program, to be administered by the Small Business Administration (SBA), which shall provide training assistance and outreach to adversely affected workers. Directs the Administrator of the SBA to report quarterly to specified congressional committees on such Program.
Title II: Trade Adjustment Assistance For Firms - Reauthorizes the trade adjustment assistance program for firms adversely affected by import competition. Revises program eligibility requirements.
Title III: Trade Adjustment Assistance For Communities - Provides for trade adjustment assistance programs for communities adversely affected by import competition. Authorizes: (1) such communities, because of import competition, to develop strategic plans for economic adjustment and diversification; and (2) the award of grants to carry out economic development projects under such plans.
(Sec. 302) Establishes within the Economic Development Administration of the Department of Commerce an Office of Community Trade Adjustment which shall be headed by a Director and provide, among other things, for a comprehensive Federal response to address economic dislocation in communities.
Requires an eligible community to establish a Community Economic Development Coordinating Committee.
Authorizes appropriations through FY 2006.
Title IV: Trade Adjustment Assistance For Farmers - Authorizes a group of agricultural commodity producers to petition the Secretary of Agriculture for a certification of eligibility to apply for trade adjustment assistance. Sets forth certain eligibility requirements for the payment of such assistance to agricultural commodity producers adversely affected by import competition.
(Sec. 401) Provides limits on the payment of assistance. Sets forth penalties for fraud or false statements with respect to the provision of such assistance.
Requires the Secretary of Agriculture, upon notification by the International Trade Commission of the commencement of an import competition investigation, to study whether the adjustment of the pertinent agricultural commodity producers to the import competition may be facilitated through existing programs.
Authorizes appropriations through FY 2006.
Title V: Trade Adjustment Assistance For Fishermen - Authorizes a group of producers (persons who are engaged in commercial fishing or who are U.S. fish processors) to petition the Secretary of Commerce for a certification of eligibility to apply for trade adjustment assistance. Sets forth certain eligibility requirements for the payment of such assistance to producers adversely affected by import competition.
(Sec. 501) Sets forth similar provisions limiting the payment of assistance and penalties for fraud or false statements made with respect to the provision of such assistance.
Requires the Secretary of Commerce, upon notification by the International Trade Commission of the commencement of an import competition investigation with respect to a fish, to study whether the adjustment of the pertinent agricultural (sic) commodity producers to the import competition may be facilitated through existing programs.
Authorizes appropriations through FY 2006.
Title VI: Health Insurance Coverage Options For Individuals Eligible For Trade Adjustment Assistance - Establishes a program to provide 75 percent of the premium for COBRA continuation health coverage for workers (and their families) eligible for trade adjustment assistance. Sets forth certain program requirements.
(Sec. 601) Directs the Secretary of the Treasury to report to Congress regarding the premium assistance program.
Authorizes appropriations through FY 2006.
(Sec. 602) Allows a State to elect to provide temporary coverage under title XIX (Medicaid) of the Social Security Act for: (1) certain uninsured workers; and (2) for the unsubsidized portion of COBRA continuation premiums.
Title VII: Conforming Amendments and Effective Date - Sets forth conforming amendments and effective date. Terminates assistance under this Act on September 30, 2006.
Title VIII: Savings Provisions and Effective Date - Sets forth certain savings provisions and effective date.
Title IX: Customs Reauthorization - Customs Border Security Act of 2002 - Subtitle A: United States Customs Service - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 2003 for the U.S. Customs Service for: (1) noncommercial and commercial operations; and (2) the air and marine interdiction program. Earmarks certain funds for the automated commercial environment computer system. Requires the Commissioner of Customs to submit out-year budget projections annually to specified congressional committees by the time the President submits the annual budget proposal.
(Sec. 902) Earmarks amounts for: (1) the acquisition and deployment of antiterrorist and illicit narcotics detection equipment along the U.S.-Mexico border, the U.S.-Canada border, and Florida and Gulf Coast seaports; and (2) acquisition of technologically superior detection equipment.
(Sec. 903) Requires the Commissioner to establish performance goals and performance indicators, and comply with specified requirements with respect to certain activities, including those under subtitle B.
(Sec. 911) Authorizes appropriations for FY 2002 to carry out a program to prevent child pornography/child exploitation established by the Child Cyber-Smuggling Center of the Customs Service. Allocates a portion of such funds for operation of the Center's child pornography cyber tipline, and for increased public awareness of it.
(Sec. 921) Specifies funds available to hire approximately 285 additional Customs Service officers to address the needs of the offices and ports along the U.S.-Canada border.
(Sec. 922) Directs the Commissioner to study and report to specified congressional committees on: (1) current personnel practices of the Customs Service, including an overview of performance standards and the impact of the collective bargaining process on drug interdiction efforts; and (2) actions by the Customs Service to ensure that appropriate training is being provided to its personnel responsible for financial auditing of importers.
(Sec. 924) Directs the Commissioner to establish and implement, according to specified requirements, a cost accounting system for expenses incurred in both commercial and noncommercial operations of the Customs Service.
(Sec. 925) Directs the Comptroller General to study and report to specified congressional committees on the extent to which: (1) the Office of Regulations and Rulings of the Customs Service has made improvements to decrease the amount of time to issue importer-requested prospective rulings; and (2) the amount of each customs user fee is commensurate with the level of related services provided.
(Sec. 931) Sets forth requirements with respect to: (1) national emergency adjustments to offices, ports of entry, or staffing of the Customs Service; (2) mandatory electronic transmission of passenger, crew, and cargo manifest information by motor, air, or vessel carriers; and (3) border contraband searches of domestic mail going out of the United States.
(Sec. 934) Authorizes appropriations for reestablishment of Customs Service operations in New York, New York.
(Sec. 941) Directs the Comptroller General to audit and report to specified congressional committees on the Customs Service system to monitor textile transshipments.
States that transshipment 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.
(Sec. 942) Authorizes appropriations for FY 2002 for textile transshipment enforcement operations of the Customs Service.
(Sec. 943) Earmarks FY 2002 funds to provide specified 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.
Subtitle B: Office of the United States Trade Representative - Amends the Trade Act of 1974 to authorize appropriations through FY 2003 for the Office of the U.S. Trade Representative, including two additional legislative specialist employee positions within the Office of the Assistant United States Trade Representative for Congressional Affairs.
Subtitle C: United States International Trade Commission - Amends the Tariff Act of 1930 to authorize appropriations through FY 2003 for the U.S. International Trade Commission (ITC). Requires the ITC to submit out-year budget projections annually to specified congressional committees by the time the President submits the annual budget proposal.
Subtitle D: Other Trade Provisions - Increases from $400 to $800 the aggregate value of articles exempt from duty acquired abroad by U.S. residents.
(Sec. 972) Amends the Tariff Act of 1930, with respect to regulatory audit procedures, to require the Customs Service, when conducting an audit, to recognize and offset over-payments and over-declarations of duties, quantities, and values against underpayments and underdeclarations, if such over-payments and over-declarations were not made by the person being audited for the purpose of violating any law.
Subtitle E: Sense of Senate - Expresses the sense of the Senate that certain collected customs user fees may be used only for Customs Service operations and programs.
Title X: Miscellaneous Provisions - Requires: (1) retailers of perishable agricultural commodities, and fish and shellfish, to inform consumers, by means of a clear and visible label, sign, or placard at the final point of sale, of the country of origin of a covered commodity (perishable agricultural commodity, and fish or shellfish, and fillet, steak, nugget, or any other flesh from such fish or shellfish, whether fresh, chilled, frozen, canned, smoked, or otherwise preserved); and (2) any person engaged in supplying such commodity to retailers to provide retailers with country of origin information. Permits a retailer of a covered commodity to designate it as having a United States country of origin only if the commodity is exclusively harvested and processed (or in the case of farm-raised fish and shellfish, is hatched, raised, harvested, and processed) in the United States.
(Sec. 1001) Exempts food service establishments (restaurants, bars, food stands, etc.) selling to the public from such requirement. Sets forth penalties for violation of the requirements of this Act.
(Sec. 1002) Declares it to be U.S. policy: (1) 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; and (2) that products not used to circumvent tariff-rate quotas, such as molasses used for animal feed or for rum, not be affected by actions taken pursuant to this Act.
Directs the Secretary of Agriculture to: (1) identify imports of articles that are circumventing tariff-rate quotas on sugars, syrups, or sugar-containing products imposed under the Harmonized Tariff Schedule of the United States; and (2) report to the President such articles found to be circumventing such quotas. Directs the President, after receiving such report, to include by proclamation any article identified in the report in the appropriate tariff-rate quota provision of the Schedule.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1209 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1209
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, and Mr. Lieberman) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend the Trade Act of 1974 to 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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trade Adjustment
Assistance for Workers, Farmers, Communities, and Firms Act of 2001''.
(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. 50 percent refundable tax credit toward premiums for COBRA
continuation coverage.
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--CONFORMING AMENDMENTS AND EFFECTIVE DATE
Sec. 501. Conforming amendments.
TITLE VI--SAVINGS PROVISIONS AND EFFECTIVE DATE
Sec. 601. Savings provisions.
Sec. 602. Effective date.
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 before
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) 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.
``(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).
``(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.
``(13) Job search program.--The term `job search program'
means a job search workshop or job finding club.
``(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.
``(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.
``(16) 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.
``(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).
``(18) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(19) State.--The term `State' includes each State of the
United States, the District of Columbia, and the Commonwealth
of Puerto Rico.
``(20) State agency.--The term `State agency' means the
agency of the State that administers the State law.
``(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.
``(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.
``(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.
``(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.).
``(25) Week.--Except as provided in paragraph 5(B)(ii), the
term `week' means a week as defined in the applicable State
law.
``(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.
``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 to facilitate
the provision of services under this chapter.
``(b) Terms of Agreements.--
``(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.
``(2) Provisions of agreements.--Under an agreement entered
into under subsection (a), and as an agent of the United
States, the State shall--
``(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;
``(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) 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;
``(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));
``(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;
``(F) receive applications for services under this
chapter;
``(G) provide payments on the basis provided in
this chapter;
``(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;
``(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;
``(J) ensure that 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
that the workers may be eligible for;
and
``(ii) provide such workers with
information regarding how to apply for such
assistance, services, and programs;
``(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;
``(L) provide services under this chapter using
individuals approved by the Secretary to effectively
assist workers eligible for assistance under this
chapter;
``(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
``(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.
``(c) Other Provisions.--
``(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.
``(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 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)).
``(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.
``(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; and
``(C) earnings history of workers that reflects
wages before separation and wages in any job obtained
after receiving benefits under this Act.
``(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 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--
``(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 (iv) 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 and 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 and 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.--For purposes of this section--
``(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.
``(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.
``(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.
``(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.
``(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 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.--The group of workers (including
workers in an agricultural firm or subdivision or 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 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.
``(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, 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.
``(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.
``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 in the
adversely affected employment;
``(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,
maternity, or inactive duty or active duty
military service for training;
``(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 unemployment
insurance to which the worker was entitled (or would be
entitled if the worker had applied for any 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, as indicated by
1 or more of the following:
``(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 old-age
insurance benefits under title II of the Social
Security Act (42 U.S.C. 401 et seq.) (except for
application therefore).
``(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 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.
``(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.
``(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 pursuant to 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 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.
``(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;
``(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.
``(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.--
``(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.
``(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.
``(C) Limitations.--The Secretary may pay the costs
of on-the-job 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
be inconsistent with the terms of 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 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 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 cost 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 have 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--
``(i) under any Federal or State program
other than this chapter; or
``(ii) from any source other than this
section.
``(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 their 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 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.
``(A) Maximum allowance.--Reimbursement may not
exceed $1,200 for any worker.
``(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).
``(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 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.
``(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.
``(2) 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.
``(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.
``(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.
``(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 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--
``(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 $100,000, to enable the
State to conduct the study described in subparagraph
(A).
``(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).
``(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.
``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 under subsection (a) shall be returned, at
the time specified in the agreement entered into under section
222, to the Secretary of the Treasury.
``(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
$1,000, 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. 50 PERCENT REFUNDABLE TAX CREDIT TOWARD PREMIUMS FOR COBRA
CONTINUATION COVERAGE.
(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:
``SEC. 35. COBRA CONTINUATION COVERAGE PREMIUMS.
``(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.
``(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.).
``(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).
``(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.''.
(b) Conforming Amendments.--
(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''.
(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:
``Sec. 35. COBRA continuation coverage
premiums.
``Sec. 36. Overpayments of tax.''.
(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.
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 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.''.
(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 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
``(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' 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.
``(4) Director.--The term `Director' means the Director of
the Office of Community Economic 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 Economic 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 ECONOMIC ADJUSTMENT.
``(a) Establishment.--There is established an Office of Community
Economic Adjustment in the Office of the Secretary of Commerce.
``(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.
``(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.
``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 apply:
``(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 receive benefits under this
chapter, an eligible community shall establish a Community Economic
Development Coordinating Committee.
``(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, 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 with an equitable
representation of community interests 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.
``(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
$100,000.
``(3) Limit.--Each community can only receive 1 grant for
the purpose of developing a strategic plan in any 5-year
period.
``(d) Submission of Plan.--The strategic plan created 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 jobs,
in that eligible community; and
``(2) implements the strategy of that eligible community to
create jobs in sectors that are expected to expand, including
projects that--
``(A) encourage industries to locate in that
eligible community;
``(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 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 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.
``(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.
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, fish, or harvested seafood) 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.
``(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 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.
``(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 of Agriculture.
``(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 persons
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 meet 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 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.
``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 Statements.--If the Secretary, or a court of competent
jurisdiction, determines that a person--
``(1) knowingly has made, or caused another to make, a
false statement or representation of a material fact, or
``(2) knowingly has failed, or caused another to fail, to
disclose a material fact,
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.
``(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
$100,000,000 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.''.
TITLE V--CONFORMING AMENDMENTS AND EFFECTIVE DATE
SEC. 501. 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 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''.
(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 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--
``(A) certified as eligible for trade adjustment
assistance benefits under section 231; and
``(B) is 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.''.
(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:
``Chap``subchapter a--general provisionsorkers
``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 Economic 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) 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:
``Chapter 6--Adjustment Assistance for Farmers
``Sec. 291. Definitions.
``Sec. 292. Petitions; group eligibility.
``Sec. 293. Determinations by Secretary.
``Sec. 294. Study by Secretary 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.''.
(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 October 1, 2001.
(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 October 1, 2001.
(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 Economic
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 Economic 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 Economic 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 Economic 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 VI--SAVINGS PROVISIONS AND EFFECTIVE DATE
SEC. 601. 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. 602. EFFECTIVE DATE.
(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--
(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;
(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
(3) certifications for assistance under chapter 4 of title
II of the Trade Act of 1974 issued on or after October 1, 2001.
(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--
(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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7967-7969)
Read twice and referred to the Committee on Finance.
Committee on Finance. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Finance. Reported by Senator Baucus with an amendment in the nature of a substitute. With written report No. 107-134. Additional and Minority views filed.
Committee on Finance. Reported by Senator Baucus with an amendment in the nature of a substitute. With written report No. 107-134. Additional and Minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 313.
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