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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1222 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1222

 To amend the Trade Act of 1974 to provide trade adjustment assistance 
                              to farmers.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 15, 1999

  Mr. Conrad (for himself, Mr. Grassley, Mr. Daschle, and Mr. Baucus) 
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 provide trade adjustment assistance 
                              to farmers.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade Adjustment Assistance for 
Farmers Act''.

SEC. 2. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

    (a) In General.--Title II of the Trade Act of 1974 (19 U.S.C. 2251 
et seq.) is amended by adding at the end the following new chapter:

             ``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS

``SEC. 291. DEFINITIONS.

    ``In this chapter:
            ``(1) Agricultural commodity 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.
            ``(2) Agricultural commodity.--The term `agricultural 
        commodity' means any agricultural commodity (including 
        livestock) in its raw or natural state.
            ``(3) Duly authorized representative.--The term `duly 
        authorized representative' means an association of agricultural 
        commodity producers.
            ``(4) 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.
            ``(5) 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 in consultation with the Secretary of 
                Agriculture.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Labor.

``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, after 
consultation with the Secretary of Agriculture, 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 either--
                    ``(A) 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); or
                    ``(B) imports of articles like or directly 
                competitive with the agricultural commodity, or class 
                of goods within the agricultural commodity, produced by 
                the group account for a significant percentage of the 
                domestic market for the agricultural commodity (or 
                class of goods) and have 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) (A) or (B) 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.

    ``(a) In General.--As soon as possible 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 so, 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 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 begin 
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.--The report of the Secretary of the study under 
subsection (a) shall be made to the President not later than 15 days 
after the day on which the Commission makes its report under section 
202(f). 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.

``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.
    ``(b) Amount of Cash Benefits.--
            ``(1) In general.--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 sections 235 and 236.

``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.

    ``There are authorized to be appropriated to the Department of 
Labor for fiscal years 2000 through 2004, such sums as may be necessary 
to carry out the purposes of this chapter.''.
    (b) Conforming Amendment.--The table of contents for title II of 
the Trade Act of 1974 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.''.
                                 <all>
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