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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1209 Reported in Senate (RS)]

                                                       Calendar No. 313
107th CONGRESS
  2d Session
                                S. 1209

                          [Report No. 107-134]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2001

  Mr. Bingaman (for himself, Mr. Baucus, Mr. Daschle, Mr. Conrad, Mr. 
 Rockefeller, Mr. Breaux, Mr. Kerry, Mr. Torricelli, Mrs. Lincoln, Mr. 
Jeffords, Mr. Bayh, Mr. Dayton, Mr. Lieberman, Mr. Dorgan, Mr. Durbin, 
   Mr. Schumer, Mr. Cochran, Mr. Carper, Ms. Cantwell, Mr. Dodd, Ms. 
 Stabenow, Mrs. Clinton, Mrs. Feinstein, Mr. Nelson of Nebraska, Mrs. 
Boxer, Ms. Collins, Ms. Snowe, Mr. Wellstone, Mrs. Murray, Mr. Harkin, 
  Mrs. Carnahan, Mr. Kennedy, Mr. Levin, Mr. Edwards, Mr. Graham, Mr. 
 Biden, Mr. Reid, Mr. Johnson, Mr. Cleland, Mr. Corzine, Mr. Kohl, Mr. 
Sarbanes, Mr. Inouye, and Ms. Landrieu) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

                            February 4, 2002

               Reported by Mr. Baucus, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

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

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Trade 
Adjustment Assistance for Workers, Farmers, Communities, and Firms Act 
of 2001''.</DELETED>
<DELETED>    (b) Table of Contents.--</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
       <DELETED>TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

<DELETED>Sec. 101. Adjustment assistance for workers.
<DELETED>Sec. 102. 50 percent refundable tax credit toward premiums for 
                            COBRA continuation coverage.
        <DELETED>TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

<DELETED>Sec. 201. Reauthorization of program.
    <DELETED>TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

<DELETED>Sec. 301. Purpose.
<DELETED>Sec. 302. Trade adjustment assistance for communities.
       <DELETED>TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

<DELETED>Sec. 401. Trade adjustment assistance for farmers.
       <DELETED>TITLE V--CONFORMING AMENDMENTS AND EFFECTIVE DATE

<DELETED>Sec. 501. Conforming amendments.
        <DELETED>TITLE VI--SAVINGS PROVISIONS AND EFFECTIVE DATE

<DELETED>Sec. 601. Savings provisions.
<DELETED>Sec. 602. Effective date.

  <DELETED>TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS</DELETED>

<DELETED>SEC. 101. ADJUSTMENT ASSISTANCE FOR WORKERS.</DELETED>

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

   <DELETED>``CHAPTER 2--ADJUSTMENT ASSISTANCE FOR WORKERS</DELETED>

         <DELETED>``Subchapter A--General Provisions</DELETED>

<DELETED>``SEC. 221. DEFINITIONS.</DELETED>

<DELETED>    ``In this chapter:</DELETED>
        <DELETED>    ``(1) Additional compensation.--The term 
        `additional compensation' has the meaning given that term in 
        section 205(3) of the Federal-State Extended Unemployment 
        Compensation Act of 1970 (26 U.S.C. 3304 note).</DELETED>
        <DELETED>    ``(2) Adversely affected employment.--The term 
        `adversely affected employment' means employment in a firm or 
        appropriate subdivision of a firm, if workers of that firm or 
        subdivision are eligible to apply for adjustment assistance 
        under this chapter.</DELETED>
        <DELETED>    ``(3) Adversely affected worker.--</DELETED>
                <DELETED>    ``(A) In general.--The term `adversely 
                affected worker' means a worker who is a member of a 
                group of workers certified by the Secretary under 
                section 231(a)(1) as eligible for trade adjustment 
                assistance.</DELETED>
                <DELETED>    ``(B) Adversely affected secondary 
                worker.--The term `adversely affected worker' includes 
                an adversely affected secondary worker who is a member 
                of a group of workers employed at a downstream producer 
                or a supplier, that is certified by the Secretary under 
                section 231(a)(2) as eligible for trade adjustment 
                assistance.</DELETED>
        <DELETED>    ``(4) Average weekly hours.--The term `average 
        weekly hours' means the average hours worked by a worker 
        (excluding overtime) in the employment from which the worker 
        has been or claims to have been separated in the 52 weeks 
        (excluding weeks during which the worker was on leave for 
        purposes of vacation, sickness, maternity, military service, or 
        any other employer-authorized leave) preceding the week 
        specified in paragraph (5)(B)(ii).</DELETED>
        <DELETED>    ``(5) Average weekly wage.--</DELETED>
                <DELETED>    ``(A) In general.--The term `average 
                weekly wage' means </DELETED>\<DELETED>1/13</DELETED>\ 
                <DELETED>of the total wages paid to an individual in 
                the high quarter.</DELETED>
                <DELETED>    ``(B) Definitions.--For purposes of 
                computing the average weekly wage--</DELETED>
                        <DELETED>    ``(i) the term `high quarter' 
                        means the quarter in which the individual's 
                        total wages were highest among the first 4 of 
                        the last 5 completed calendar quarters 
                        immediately before the quarter in which occurs 
                        the week with respect to which the computation 
                        is made; and</DELETED>
                        <DELETED>    ``(ii) the term `week' means the 
                        week in which total separation occurred, or, in 
                        cases where partial separation is claimed, an 
                        appropriate week, as defined in regulations 
                        prescribed by the Secretary.</DELETED>
        <DELETED>    ``(6) Benefit period.--The term `benefit period' 
        means, with respect to an individual, the following:</DELETED>
                <DELETED>    ``(A) State law.--The benefit year and any 
                ensuing period, as determined under applicable State 
                law, during which the individual is eligible for 
                regular compensation, additional compensation, or 
                extended compensation.</DELETED>
                <DELETED>    ``(B) Federal law.--The equivalent to the 
                benefit year or ensuing period provided for under the 
                applicable Federal unemployment insurance 
                law.</DELETED>
        <DELETED>    ``(7) Benefit year.--The term `benefit year' has 
        the same meaning given that term in the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 
        note).</DELETED>
        <DELETED>    ``(8) Contributed importantly.--The term 
        `contributed importantly' means a cause that is important but 
        not necessarily more important than any other cause.</DELETED>
        <DELETED>    ``(9) Cooperating state.--The term `cooperating 
        State' means any State that has entered into an agreement with 
        the Secretary under section 222.</DELETED>
        <DELETED>    ``(10) Downstream producer.--The term `downstream 
        producer' means a firm that performs additional, value-added 
production processes, including a firm that performs final assembly, 
finishing, or packaging of articles produced by another firm.</DELETED>
        <DELETED>    ``(11) Extended compensation.--The term `extended 
        compensation' has the meaning given that term in section 205(4) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).</DELETED>
        <DELETED>    ``(12) Job finding club.--The term `job finding 
        club' means a job search workshop which includes a period of 
        structured, supervised activity in which participants attempt 
        to obtain jobs.</DELETED>
        <DELETED>    ``(13) Job search program.--The term `job search 
        program' means a job search workshop or job finding 
        club.</DELETED>
        <DELETED>    ``(14) Job search workshop.--The term `job search 
        workshop' means a short (1- to 3-day) seminar, covering 
        subjects such as labor market information, resume writing, 
        interviewing techniques, and techniques for finding job 
        openings, that is designed to provide participants with 
        knowledge that will enable the participants to find 
        jobs.</DELETED>
        <DELETED>    ``(15) On-the-job training.--The term `on-the-job 
        training' means training provided by an employer to an 
        individual who is employed by the employer.</DELETED>
        <DELETED>    ``(16) Partial separation.--A partial separation 
        shall be considered to exist with respect to an individual if--
        </DELETED>
                <DELETED>    ``(A) the individual has had a 20-percent 
                or greater reduction in the average weekly hours worked 
                by that individual in adversely affected employment; 
                and</DELETED>
                <DELETED>    ``(B) the individual has had a 20-percent 
                or greater reduction in the average weekly wage of the 
                individual with respect to adversely affected 
                employment.</DELETED>
        <DELETED>    ``(17) Regular compensation.--The term `regular 
        compensation' has the meaning given that term in section 205(2) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).</DELETED>
        <DELETED>    ``(18) Secretary.--The term `Secretary' means the 
        Secretary of Labor.</DELETED>
        <DELETED>    ``(19) State.--The term `State' includes each 
        State of the United States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.</DELETED>
        <DELETED>    ``(20) State agency.--The term `State agency' 
        means the agency of the State that administers the State 
        law.</DELETED>
        <DELETED>    ``(21) State law.--The term `State law' means the 
        unemployment insurance law of the State approved by the 
        Secretary under section 3304 of the Internal Revenue Code of 
        1986.</DELETED>
        <DELETED>    ``(22) Supplier.--The term `supplier' means a firm 
        that produces component parts for, or articles considered to be 
        a part of, the production process for articles produced by a 
        firm or subdivision covered by a certification of eligibility 
        under section 231. The term `supplier' also includes a firm 
        that provides services under contract to a firm or subdivision 
        covered by such certification.</DELETED>
        <DELETED>    ``(23) Total separation.--The term `total 
        separation' means the layoff or severance of an individual from 
        employment with a firm in which or in a subdivision of which, 
        adversely affected employment exists.</DELETED>
        <DELETED>    ``(24) Unemployment insurance.--The term 
        `unemployment insurance' means the unemployment compensation 
        payable to an individual under any State law or Federal 
        unemployment compensation law, including chapter 85 of title 5, 
        United States Code, and the Railroad Unemployment Insurance Act 
        (45 U.S.C. 351 et seq.).</DELETED>
        <DELETED>    ``(25) Week.--Except as provided in paragraph 
        5(B)(ii), the term `week' means a week as defined in the 
        applicable State law.</DELETED>
        <DELETED>    ``(26) Week of unemployment.--The term `week of 
        unemployment' means a week of total, part-total, or partial 
        unemployment as determined under the applicable State law or 
        Federal unemployment insurance law.</DELETED>

<DELETED>``SEC. 222. AGREEMENTS WITH STATES.</DELETED>

<DELETED>    ``(a) In General.--The Secretary is authorized on behalf 
of the United States to enter into an agreement with any State to 
facilitate the provision of services under this chapter.</DELETED>
<DELETED>    ``(b) Terms of Agreements.--</DELETED>
        <DELETED>    ``(1) In general.--Any agreement entered into 
        under subsection (a) shall require that the delivery of 
        services under this chapter take place under title I of the 
        Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), upon 
        terms and conditions as are established by the Secretary in 
        consultation with the State and set forth in the 
        agreement.</DELETED>
        <DELETED>    ``(2) Provisions of agreements.--Under an 
        agreement entered into under subsection (a), and as an agent of 
        the United States, the State shall--</DELETED>
                <DELETED>    ``(A) facilitate the early filing of 
                petitions under section 231(b) for any group of workers 
                that the State considers are likely to be eligible for 
                benefits under this chapter;</DELETED>
                <DELETED>    ``(B) assist the Secretary in the review 
                of any petition submitted from that State by verifying 
                the information and providing other assistance as the 
                Secretary may request;</DELETED>
                <DELETED>    ``(C) provide to adversely affected 
                workers statewide rapid response activities under 
                section 134(a)(2)(A) of the Workforce Investment Act of 
                1998 (29 U.S.C. 2864(a)(2)(A)) in the same manner and 
                to the same extent as any other worker eligible for 
                those activities;</DELETED>
                <DELETED>    ``(D) arrange for the provision of 
                services through the one-stop delivery system 
                established in section 134(c) of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2864(c));</DELETED>
                <DELETED>    ``(E) advise each worker who applies for 
                unemployment insurance of the available benefits under 
                this chapter and the procedures and deadlines for 
                applying for those benefits;</DELETED>
                <DELETED>    ``(F) receive applications for services 
                under this chapter;</DELETED>
                <DELETED>    ``(G) provide payments on the basis 
                provided in this chapter;</DELETED>
                <DELETED>    ``(H) afford adversely affected workers 
                the services provided under section 134(d) of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2864(d)) in 
                the same manner and to the same extent as any other 
                worker eligible for those services;</DELETED>
                <DELETED>    ``(I) advise each adversely affected 
                worker to apply for training under section 240, and of 
                the deadlines for benefits related to enrollment in 
                training under this chapter;</DELETED>
                <DELETED>    ``(J) ensure that State employees with 
                responsibility for carrying out an agreement entered 
                into under subsection (a)--</DELETED>
                        <DELETED>    ``(i) inform adversely affected 
                        workers covered by a certification issued under 
                        section 231(c) of the workers' (and individual 
                        member's of the worker's family) potential 
                        eligibility for--</DELETED>
                                <DELETED>    ``(I) medical assistance 
                                under the medicaid program established 
                                under title XIX of the Social Security 
                                Act (42 U.S.C. 1396a et 
                                seq.);</DELETED>
                                <DELETED>    ``(II) child health 
                                assistance under the State children's 
                                health insurance program established 
                                under title XXI of that Act (42 U.S.C. 
                                1397aa et seq.);</DELETED>
                                <DELETED>    ``(III) child care 
                                services for which assistance is 
                                provided under the Child Care and 
                                Development Block Grant Act of 1990 (42 
                                U.S.C. 9858 et seq.); and</DELETED>
                                <DELETED>    ``(IV) other Federal and 
                                State funded health care, child care, 
                                transportation, and assistance programs 
                                that the workers may be eligible for; 
                                and</DELETED>
                        <DELETED>    ``(ii) provide such workers with 
                        information regarding how to apply for such 
                        assistance, services, and programs;</DELETED>
                <DELETED>    ``(K) provide adversely affected workers 
                referral to training under title I of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2801 et seq.), or any 
                other available Federal or State program designed to 
                assist dislocated workers or unemployed 
                individuals;</DELETED>
                <DELETED>    ``(L) provide services under this chapter 
                using individuals approved by the Secretary to 
                effectively assist workers eligible for assistance 
                under this chapter;</DELETED>
                <DELETED>    ``(M) collect and transmit to the 
                Secretary any data as the Secretary shall reasonably 
                require to assist the Secretary in assuring the 
                effective and efficient performance of the programs 
                carried out under this chapter; and</DELETED>
                <DELETED>    ``(N) otherwise actively cooperate with 
                the Secretary and with other Federal and State agencies 
                in providing payments and services under this chapter, 
                including participation in the performance measurement 
                system established by the Secretary under section 
                224.</DELETED>
<DELETED>    ``(c) Other Provisions.--</DELETED>
        <DELETED>    ``(1) Approval of providers.--The Secretary shall 
        ensure that the services provided by cooperating States are 
        provided by individuals approved by the Secretary to 
        effectively assist workers eligible for assistance under this 
        chapter.</DELETED>
        <DELETED>    ``(2) Amendment, suspension, or termination of 
        agreements.--Each agreement entered into under this section 
        shall provide the terms and conditions upon which the agreement 
        may be amended, suspended, or terminated.</DELETED>
        <DELETED>    ``(3) Effect on unemployment insurance.--Each 
        agreement entered into under this section shall provide that 
        unemployment insurance otherwise payable to any adversely 
        affected worker will not be denied or reduced for any week by 
        reason of any right to payments under this chapter.</DELETED>
        <DELETED>    ``(4) Coordination of workforce investment 
        activities.--In order to promote the coordination of Workforce 
        Investment Act activities in each State with activities carried 
        out under this chapter, each agreement entered into under this 
        section shall provide that the State shall submit to the 
        Secretary, in a form as the Secretary may require, the 
        description and information described in paragraphs (8) and 
        (14) of section 112(b) of the Workforce Investment Act of 1998 
        (29 U.S.C. 2822(b) (8) and (14)).</DELETED>
<DELETED>    ``(d) Review of State Determinations.--</DELETED>
        <DELETED>    ``(1) In general.--A determination by a 
        cooperating State regarding entitlement to program benefits 
        under this chapter is subject to review in the same manner and 
to the same extent as determinations under the applicable State 
law.</DELETED>
        <DELETED>    ``(2) Appeal.--A review undertaken by a 
        cooperating State under paragraph (1) may be appealed to the 
        Secretary pursuant to such regulations as the Secretary may 
        prescribe.</DELETED>

<DELETED>``SEC. 223. ADMINISTRATION ABSENT STATE AGREEMENT.</DELETED>

<DELETED>    ``(a) In General.--In any State in which there is no 
agreement in force under section 222, the Secretary shall arrange, 
under regulations prescribed by the Secretary, for the performance of 
all necessary functions under this chapter, including providing a 
hearing for any worker whose application for payment is 
denied.</DELETED>
<DELETED>    ``(b) Finality of Determination.--A final determination 
under subsection (a) regarding entitlement to program benefits under 
this chapter is subject to review by the courts in the same manner and 
to the same extent as is provided by section 205(g) of the Social 
Security Act (42 U.S.C. 405(g)).</DELETED>

<DELETED>``SEC. 224. DATA COLLECTION; EVALUATIONS; REPORTS.</DELETED>

<DELETED>    ``(a) Data Collection.--The Secretary shall, pursuant to 
regulations prescribed by the Secretary, collect any data necessary to 
meet the requirements of this chapter.</DELETED>
<DELETED>    ``(b) Performance Evaluations.--The Secretary shall 
establish an effective performance measuring system to evaluate the 
following:</DELETED>
        <DELETED>    ``(1) Program performance.--</DELETED>
                <DELETED>    ``(A) speed of petition 
                processing;</DELETED>
                <DELETED>    ``(B) quality of petition 
                processing;</DELETED>
                <DELETED>    ``(C) cost of training programs;</DELETED>
                <DELETED>    ``(D) coordination of programs under this 
                title with programs under the Workforce Investment Act 
                (29 U.S.C. 2801 et seq.);</DELETED>
                <DELETED>    ``(E) length of time participants take to 
                enter and complete training programs;</DELETED>
                <DELETED>    ``(F) the effectiveness of individual 
                contractors in providing appropriate retraining 
                information;</DELETED>
                <DELETED>    ``(G) the effectiveness of individual 
                approved training programs in helping workers obtain 
                employment;</DELETED>
                <DELETED>    ``(H) best practices related to the 
                provision of benefits and retraining; and</DELETED>
                <DELETED>    ``(I) other data to evaluate how 
                individual States are implementing the requirements of 
                this title.</DELETED>
        <DELETED>    ``(2) Participant outcomes.--</DELETED>
                <DELETED>    ``(A) reemployment rates;</DELETED>
                <DELETED>    ``(B) types of jobs in which displaced 
                workers have been placed;</DELETED>
                <DELETED>    ``(C) wage and benefit maintenance 
                results;</DELETED>
                <DELETED>    ``(D) training completion rates; 
                and</DELETED>
                <DELETED>    ``(E) other data to evaluate how effective 
                programs under this chapter are for 
                participants.</DELETED>
        <DELETED>    ``(3) Program participation data.--</DELETED>
                <DELETED>    ``(A) the number of workers receiving 
                benefits and the type of benefits being 
                received;</DELETED>
                <DELETED>    ``(B) the number of workers enrolled in, 
                and the duration of, training by major types of 
                training; and</DELETED>
                <DELETED>    ``(C) earnings history of workers that 
                reflects wages before separation and wages in any job 
                obtained after receiving benefits under this 
                Act.</DELETED>
<DELETED>    ``(c) State Participation.--The Secretary shall ensure, to 
the extent practicable, through oversight and effective internal 
control measures the following:</DELETED>
        <DELETED>    ``(1) State participation.--Participation by each 
        State in the performance measurement system established under 
        subsection (b).</DELETED>
        <DELETED>    ``(2) Monitoring.--Monitoring by each State of 
        internal control measures with respect to performance 
        measurement data collected by each State.</DELETED>
        <DELETED>    ``(3) Response.--The quality and speed of the 
        rapid response provided by each State under section 
        134(a)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 
        2864(a)(2)(A)).</DELETED>
<DELETED>    ``(d) Reports.--</DELETED>
        <DELETED>    ``(1) Reports by the secretary.--</DELETED>
                <DELETED>    ``(A) Initial report.--Not later than 6 
                months after the date of enactment of this Act, the 
                Secretary shall submit to the Committee on Finance of 
                the Senate and the Committee on Ways and Means of the 
                House of Representatives a report that--</DELETED>
                        <DELETED>    ``(i) describes the performance 
                        measurement system established under subsection 
                        (b);</DELETED>
                        <DELETED>    ``(ii) includes analysis of data 
                        collected through the system established under 
                        subsection (b);</DELETED>
                        <DELETED>    ``(iii) includes information 
                        identifying the number of workers who received 
                        waivers under section 235(c) and the average 
                        duration of those during the preceding 
                        year;</DELETED>
                        <DELETED>    ``(iv) describes and analyzes 
                        State participation in the system;</DELETED>
                        <DELETED>    ``(v) analyzes the quality and 
                        speed of the rapid response provided by each 
                        State under section 134(a)(2)(A) of the 
                        Workforce Investment Act of 1998 (29 U.S.C. 
                        2864(a)(2)(A)); and</DELETED>
                        <DELETED>    ``(vi) provides recommendations 
                        for program improvements.</DELETED>
                <DELETED>    ``(B) Annual report.--Not later than 1 
                year after the date the report is submitted under 
                subparagraph (A), and annually thereafter, the 
                Secretary shall submit to the Committee on Finance of 
                the Senate and the Committee on Ways and Means of the 
                House of Representatives a report that includes the 
                information collected under clauses (ii) through (iv) 
                of subparagraph (A).</DELETED>
        <DELETED>    ``(2) State reports.--Pursuant to regulations 
        prescribed by the Secretary, each State shall submit to the 
        Secretary a report that details its participation in the 
        programs established under this chapter, and that contains the 
        data necessary to allow the Secretary to submit the report 
required under paragraph (1).</DELETED>
        <DELETED>    ``(3) Publication.--The Secretary shall make 
        available to each State, and other public and private 
        organizations as determined by the Secretary, the data gathered 
        and evaluated through the performance measurement system 
        established under paragraph (1).</DELETED>

<DELETED>``SEC. 225. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL 
              TRADE COMMISSION BEGINS INVESTIGATION.</DELETED>

<DELETED>    ``(a) Notification of Investigation.--Whenever the 
International Trade Commission begins an investigation under section 
202 with respect to an industry, the Commission shall immediately 
notify the Secretary of that investigation, and the Secretary shall 
immediately begin a study of--</DELETED>
        <DELETED>    ``(1) the number of workers in the domestic 
        industry producing the like or directly competitive article who 
        have been or are likely to be certified as eligible for 
        adjustment assistance under this chapter; and</DELETED>
        <DELETED>    ``(2) the extent to which the adjustment of those 
        workers to the import competition may be facilitated through 
        the use of existing programs.</DELETED>
<DELETED>    ``(b) Report.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall provide a 
        report based on the study conducted under subsection (a) to the 
        President not later than 15 days after the day on which the 
        Commission makes its report under section 202(f).</DELETED>
        <DELETED>    ``(2) Publication.--The Secretary shall promptly 
        make public the report provided to the President under 
        paragraph (1) (with the exception of information which the 
        Secretary determines to be confidential) and shall have a 
        summary of the report published in the Federal 
        Register.</DELETED>

           <DELETED>``Subchapter B--Certifications</DELETED>

<DELETED>``SEC. 231. CERTIFICATION AS ADVERSELY AFFECTED 
              WORKERS.</DELETED>

<DELETED>    ``(a) Eligibility for Certification.--</DELETED>
        <DELETED>    ``(1) General rule.--A group of workers (including 
        workers in any agricultural firm or subdivision of an 
        agricultural firm) shall be certified by the Secretary as 
        adversely affected workers and eligible for trade adjustment 
        assistance benefits under this chapter pursuant to a petition 
        filed under subsection (b) if the Secretary determines that--
        </DELETED>
                <DELETED>    ``(A) a significant number or proportion 
                of the workers in the workers' firm or an appropriate 
                subdivision of the firm have become totally or 
                partially separated, or are threatened to become 
                totally or partially separated; and</DELETED>
                <DELETED>    ``(B)(i)(I) the value and volume of 
                imports of articles like or directly competitive with 
                articles produced by that firm or subdivision have 
                increased; and</DELETED>
                <DELETED>    ``(II) the increase in the value and 
                volume of imports described in subclause (I) 
                contributed importantly to the workers' separation or 
                threat of separation; or</DELETED>
                <DELETED>    ``(ii)(I) there has been a shift in 
                production by the workers' firm or subdivision to a 
                foreign country of articles like or directly 
                competitive with articles which are produced by that 
                firm or subdivision; and</DELETED>
                <DELETED>    ``(II) the shift in production described 
                in subclause (I) contributed importantly to the 
                workers' separation or threat of separation.</DELETED>
        <DELETED>    ``(2) Adversely affected secondary worker.--A 
        group of workers (including workers in any agricultural firm or 
        subdivision of an agricultural firm) shall be certified by the 
        Secretary as adversely affected and eligible for trade 
        adjustment assistance benefits under this chapter pursuant to a 
        petition filed under subsection (b) if the Secretary determines 
        that--</DELETED>
                <DELETED>    ``(A) a significant number or proportion 
                of the workers in the workers' firm or an appropriate 
                subdivision of the firm have become totally or 
                partially separated, or are threatened to become 
                totally or partially separated;</DELETED>
                <DELETED>    ``(B) the workers' firm (or subdivision) 
                is a supplier to a firm (or subdivision) or downstream 
                producer to a firm (or subdivision) described in 
                paragraph (1)(B) (i) or (ii); and</DELETED>
                <DELETED>    ``(C) a loss of business with a firm (or 
                subdivision) described in paragraph (1)(B) (i) or (ii) 
                contributed importantly to the workers' separation or 
                threat of separation determined under subparagraph 
                (A).</DELETED>
        <DELETED>    ``(3) Special provisions.--For purposes of this 
        section--</DELETED>
                <DELETED>    ``(A) Oil and natural gas producers.--Any 
                firm, or appropriate subdivision of a firm, that 
                engages in exploration or drilling for oil or natural 
                gas shall be considered to be a firm producing oil or 
                natural gas.</DELETED>
                <DELETED>    ``(B) Oil and natural gas imports.--Any 
                firm, or appropriate subdivision of a firm, that 
                engages in exploration or drilling for oil or natural 
                gas, or otherwise produces oil or natural gas, shall be 
                considered to be producing articles directly 
                competitive with imports of oil and with imports of 
                natural gas.</DELETED>
                <DELETED>    ``(C) Taconite.--For purposes of this Act, 
                taconite pellets produced in the United States shall be 
                considered to be an article that is like or directly 
                competitive with imports of semifinished steel 
                slab.</DELETED>
                <DELETED>    ``(D) Truckers.--Not later than 6 months 
                after the date of enactment of the Trade Adjustment 
                Assistance for Workers, Farmers, Communities, and Firms 
                Act of 2001, the Secretary shall establish a program to 
                provide assistance under this chapter to domestic 
                operators of motor carriers who are adversely affected 
                by competition from foreign owned and operated motor 
                carriers.</DELETED>
<DELETED>    ``(b) Petitions.--</DELETED>
        <DELETED>    ``(1) In general.--A petition for certification of 
        eligibility for trade adjustment assistance under this chapter 
        for a group of adversely affected workers shall be filed with 
        the Secretary and with the Governor of the State in which the 
firm or subdivision of the firm employing the workers is 
located.</DELETED>
        <DELETED>    ``(2) Persons who may file a petition.--A petition 
        under paragraph (1) may be filed by any of the 
        following:</DELETED>
                <DELETED>    ``(A) Workers.--The group of workers 
                (including workers in an agricultural firm or 
                subdivision or any agricultural firm).</DELETED>
                <DELETED>    ``(B) Worker representatives.--The 
                certified or recognized union or other duly appointed 
                representative of the workers.</DELETED>
                <DELETED>    ``(C) Worker adjustment and retraining 
                notification.--Any entity to which notice of a plant 
                closing or mass layoff must be given under section 3 of 
                the Worker Adjustment and Retraining Notification Act 
                (29 U.S.C. 2102).</DELETED>
                <DELETED>    ``(D) Other.--Employers of workers 
                described in subparagraph (A), one-stop operators or 
                one-stop partners (as defined in section 101 of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2801)), or 
                State employment agencies, on behalf of the 
                workers.</DELETED>
                <DELETED>    ``(E) Request to initiate certification.--
                The President, or the Committee on Finance of the 
                Senate or the Committee on Ways and Means of the House 
                of Representatives (by resolution), may direct the 
                Secretary to initiate a certification process under 
                this chapter to determine the eligibility for trade 
                adjustment assistance of a group of workers.</DELETED>
        <DELETED>    ``(3) Actions by governor.--</DELETED>
                <DELETED>    ``(A) Cooperating state.--Upon receipt of 
                a petition, the Governor of a cooperating State shall 
                ensure that the requirements of the agreement entered 
                into under section 222 are met.</DELETED>
                <DELETED>    ``(B) Other states.--Upon receipt of a 
                petition, the Governor of a State that has not entered 
                into an agreement under section 222 shall coordinate 
                closely with the Secretary to ensure that workers 
                covered by a petition are--</DELETED>
                        <DELETED>    ``(i) provided with all available 
                        services, including rapid response activities 
                        under section 134 of the Workforce Investment 
                        Act (29 U.S.C. 2864);</DELETED>
                        <DELETED>    ``(ii) informed of the workers' 
                        (and individual member's of the worker's 
                        family) potential eligibility for--</DELETED>
                                <DELETED>    ``(I) medical assistance 
                                under the medicaid program established 
                                under title XIX of the Social Security 
                                Act (42 U.S.C. 1396a et 
                                seq.);</DELETED>
                                <DELETED>    ``(II) child health 
                                assistance under the State children's 
                                health insurance program established 
                                under title XXI of that Act (42 U.S.C. 
                                1397aa et seq.);</DELETED>
                                <DELETED>    ``(III) child care 
                                services for which assistance is 
                                provided under the Child Care and 
                                Development Block Grant Act of 1990 (42 
                                U.S.C. 9858 et seq.); and</DELETED>
                                <DELETED>    ``(IV) other Federal and 
                                State funded health care, child care, 
                                transportation, and assistance programs 
                                that the workers may be eligible for; 
                                and</DELETED>
                        <DELETED>    ``(iii) provided with information 
                        regarding how to apply for the assistance, 
                        services, and programs described in clause 
                        (ii).</DELETED>
<DELETED>    ``(c) Actions by Secretary.--</DELETED>
        <DELETED>    ``(1) In general.--As soon as possible after the 
        date on which a petition is filed under subsection (b), but not 
        later than 45 days after that date, the Secretary shall 
        determine whether the petitioning group meets the requirements 
        of subsection (a) and if warranted, shall issue a certification 
        of eligibility for trade adjustment assistance under this 
        subchapter.</DELETED>
        <DELETED>    ``(2) Publication of determination.--Upon making a 
        determination under paragraph (1), the Secretary shall promptly 
        publish a summary of the determination in the Federal Register 
        together with the reasons for making that 
        determination.</DELETED>
        <DELETED>    ``(3) Date specified in certification.--Each 
        certification made under this subsection shall specify the date 
        on which the total or partial separation began or threatened to 
        begin with respect to a group of certified workers.</DELETED>
        <DELETED>    ``(4) Projected training needs.--The Secretary 
        shall inform the State Workforce Investment Board or equivalent 
        agency, and other public or private agencies, institutions, and 
        employers, as appropriate, of each certification issued under 
        section 231 and of projections, if available, of the needs for 
        training under section 240 as a result of that 
        certification.</DELETED>
<DELETED>    ``(d) Scope of Certification.--</DELETED>
        <DELETED>    ``(1) In general.--A certification issued under 
        subsection (c) shall cover adversely affected workers in any 
        group that meets the requirements of subsection (a), whose 
        total or partial separation occurred on or after the date on 
        which the petition was filed under subsection (b).</DELETED>
        <DELETED>    ``(2) Workers separated prior to certification.--A 
        certification issued under subsection (c) shall cover adversely 
        affected workers whose total or partial separation occurred not 
        more than 1 year prior to the date on which the petition was 
        filed under subsection (b).</DELETED>
<DELETED>    ``(e) Termination of Certification.--</DELETED>
        <DELETED>    ``(1) In general.--If the Secretary determines, 
        with respect to any certification of eligibility, that workers 
        separated from a firm or subdivision covered by a certification 
        of eligibility are no longer adversely affected workers, the 
        Secretary shall terminate the certification.</DELETED>
        <DELETED>    ``(2) Publication of termination.--The Secretary 
        shall promptly publish notice of any termination made under 
        paragraph (1) in the Federal Register together with the reasons 
for making that determination.</DELETED>
        <DELETED>    ``(3) Application.--Any determination made under 
        paragraph (1) shall apply only to total or partial separations 
        occurring after the termination date specified by the 
        Secretary.</DELETED>

<DELETED>``SEC. 232. BENEFIT INFORMATION TO WORKERS.</DELETED>

<DELETED>    ``(a) In General.--The Secretary shall, in accordance with 
the provisions of section 222 or 223, as appropriate, provide prompt 
and full information to adversely affected workers covered by a 
certification issued under section 231(c), including information 
regarding--</DELETED>
        <DELETED>    ``(1) benefit allowances, training, and other 
        employment services available under this chapter;</DELETED>
        <DELETED>    ``(2) petition and application procedures under 
        this chapter;</DELETED>
        <DELETED>    ``(3) appropriate filing dates for the allowances, 
        training, and services available under this chapter; 
        and</DELETED>
        <DELETED>    ``(4) procedures for applying for and receiving 
        all other Federal benefits and services available to separated 
        workers during a period of unemployment.</DELETED>
<DELETED>    ``(b) Assistance to Groups of Workers.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall provide any 
        necessary assistance to enable groups of workers to prepare 
        petitions or applications for program benefits.</DELETED>
        <DELETED>    ``(2) Assistance from states.--The Secretary shall 
        ensure that cooperating States fully comply with the agreements 
        entered into under section 222 and shall periodically review 
        that compliance.</DELETED>
<DELETED>    ``(c) Notice.--</DELETED>
        <DELETED>    ``(1) In general.--Not later that 15 days after a 
        certification is issued under section 231 (or as soon as 
        practicable after separation), the Secretary shall provide 
        written notice of the benefits available under this chapter to 
        each worker whom the Secretary has reason to believe is covered 
        by the certification.</DELETED>
        <DELETED>    ``(2) Publication of notice.--The Secretary shall 
        publish notice of the benefits available under this chapter to 
        workers covered by each certification made under section 231 in 
        newspapers of general circulation in the areas in which those 
        workers reside.</DELETED>

          <DELETED>``Subchapter C--Program Benefits</DELETED>

            <DELETED>``PART I--GENERAL PROVISIONS</DELETED>

<DELETED>``SEC. 234. COMPREHENSIVE ASSISTANCE.</DELETED>

<DELETED>    ``Workers covered by a certification issued by the 
Secretary under section 231 shall be eligible for the 
following:</DELETED>
        <DELETED>    ``(1) Trade adjustment allowances as described in 
        sections 235 through 238.</DELETED>
        <DELETED>    ``(2) Employment services as described in section 
        239.</DELETED>
        <DELETED>    ``(3) Training as described in section 
        240.</DELETED>
        <DELETED>    ``(4) Job search allowances as described in 
        section 241.</DELETED>
        <DELETED>    ``(5) Relocation allowances as described in 
        section 242.</DELETED>
        <DELETED>    ``(6) Supportive services and wage insurance as 
        described in section 243.</DELETED>

       <DELETED>``PART II--TRADE ADJUSTMENT ALLOWANCES</DELETED>

<DELETED>``SEC. 235. QUALIFYING REQUIREMENTS FOR WORKERS.</DELETED>

<DELETED>    ``(a) In General.--Payment of a trade adjustment allowance 
shall be made to an adversely affected worker covered by a 
certification under section 231 who files an application for the 
allowance for any week of unemployment that begins more than 60 days 
after the date on which the petition that resulted in the certification 
was filed under section 231, if the following conditions are 
met:</DELETED>
        <DELETED>    ``(1) Time of total or partial separation from 
        employment.--The adversely affected worker's total or partial 
        separation before the worker's application under this chapter 
        occurred--</DELETED>
                <DELETED>    ``(A) on or after the date, as specified 
                in the certification under which the worker is covered, 
                on which total or partial separation from adversely 
                affected employment began or threatened to begin in the 
                adversely affected employment;</DELETED>
                <DELETED>    ``(B) before the expiration of the 2-year 
                period beginning on the date on which the certification 
                under section 231 was issued; and</DELETED>
                <DELETED>    ``(C) before the termination date (if any) 
                determined pursuant to section 231(e).</DELETED>
        <DELETED>    ``(2) Employment required.--</DELETED>
                <DELETED>    ``(A) In general.--The adversely affected 
                worker had, in the 52-week period ending with the week 
                in which the total or partial separation occurred, at 
                least 26 weeks of employment at wages of $30 or more a 
                week with a single firm or subdivision of a 
                firm.</DELETED>
                <DELETED>    ``(B) Unavailability of data.--If data 
                with respect to weeks of employment with a firm are not 
                available, the worker had equivalent amounts of 
                employment computed under regulations prescribed by the 
                Secretary.</DELETED>
                <DELETED>    ``(C) Week of employment.--For the 
                purposes of this paragraph any week shall be treated as 
                a week of employment at wages of $30 or more, if an 
                adversely affected worker--</DELETED>
                        <DELETED>    ``(i) is on employer-authorized 
                        leave for purposes of vacation, sickness, 
                        injury, maternity, or inactive duty or active 
                        duty military service for training;</DELETED>
                        <DELETED>    ``(ii) does not work because of a 
                        disability that is compensable under a 
                        workmen's compensation law or plan of a State 
                        or the United States;</DELETED>
                        <DELETED>    ``(iii) had employment interrupted 
                        in order to serve as a full-time representative 
                        of a labor organization in that firm or 
                        subdivision; or</DELETED>
                        <DELETED>    ``(iv) is on call-up for purposes 
                        of active duty in a reserve status in the Armed 
                        Forces of the United States, provided that 
                        active duty is `Federal service' as defined in 
                        section 8521(a)(1) of title 5, United States 
                        Code.</DELETED>
                <DELETED>    ``(D) Exceptions.--</DELETED>
                        <DELETED>    ``(i) In the case of weeks 
                        described in clause (i) or (iii) of 
                        subparagraph (C), or both, not more than 7 
                        weeks may be treated as weeks of employment 
                        under subparagraph (C).</DELETED>
                        <DELETED>    ``(ii) In the case of weeks 
                        described in clause (ii) or (iv) of 
                        subparagraph (C), not more than 26 weeks may be 
                        treated as weeks of employment under 
                        subparagraph (C).</DELETED>
        <DELETED>    ``(3) Unemployment compensation.--The adversely 
        affected worker meets all of the following 
        requirements:</DELETED>
                <DELETED>    ``(A) Entitlement to unemployment 
                insurance.--The worker was entitled to (or would be 
                entitled to if the worker applied for) unemployment 
                insurance for a week within the benefit period--
                </DELETED>
                        <DELETED>    ``(i) in which total or partial 
                        separation took place; or</DELETED>
                        <DELETED>    ``(ii) which began (or would have 
                        begun) by reason of the filing of a claim for 
                        unemployment insurance by the worker after 
                        total or partial separation.</DELETED>
                <DELETED>    ``(B) Exhaustion of unemployment 
                insurance.--The worker has exhausted all rights to any 
                unemployment insurance to which the worker was entitled 
                (or would be entitled if the worker had applied for any 
                unemployment insurance).</DELETED>
                <DELETED>    ``(C) No unexpired waiting period.--The 
                worker does not have an unexpired waiting period 
                applicable to the worker for any unemployment 
                insurance.</DELETED>
        <DELETED>    ``(4) Extended unemployment compensation.--The 
        adversely affected worker, with respect to a week of 
        unemployment, would not be disqualified for extended 
        compensation payable under the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) by 
        reason of the work acceptance and job search requirements in 
        section 202(a)(3) of that Act.</DELETED>
        <DELETED>    ``(5) Training.--The adversely affected worker is 
        enrolled in a training program approved by the Secretary under 
        section 240(a), and the enrollment occurred not later than the 
        latest of the periods described in subparagraph (A), (B), or 
        (C).</DELETED>
                <DELETED>    ``(A) 16 weeks.--The worker enrolled not 
                later than the last day of the 16th week after the 
                worker's most recent total separation that meets the 
                requirements of paragraphs (1) and (2).</DELETED>
                <DELETED>    ``(B) 8 weeks.--The worker enrolled not 
                later than the last day of the 8th week after the week 
                in which the Secretary issues a certification covering 
                the worker.</DELETED>
                <DELETED>    ``(C) Extenuating circumstances.--
                Notwithstanding subparagraphs (A) and (B), the 
                adversely affected worker is eligible for trade 
                adjustment assistance if the worker enrolled not later 
                than 45 days after the later of the dates specified in 
                subparagraph (A) or (B), and the Secretary determines 
                there are extenuating circumstances that justify an 
                extension in the enrollment period.</DELETED>
<DELETED>    ``(b) Failure To Participate in Training.--</DELETED>
        <DELETED>    ``(1) In general.--Until the adversely affected 
        worker begins or resumes participation in a training program 
        approved under section 240(a), no trade adjustment allowance 
        may be paid under subsection (a) to an adversely affected 
        worker for any week or any succeeding week in which--</DELETED>
                <DELETED>    ``(A) the Secretary determines that--
                </DELETED>
                        <DELETED>    ``(i) the adversely affected 
                        worker--</DELETED>
                                <DELETED>    ``(I) has failed to begin 
                                participation in a training program the 
                                enrollment in which meets the 
                                requirement of subsection (a)(5); 
                                or</DELETED>
                                <DELETED>    ``(II) has ceased to 
                                participate in such a training program 
                                before completing the training program; 
                                and</DELETED>
                        <DELETED>    ``(ii) there is no justifiable 
                        cause for the failure or cessation; 
                        or</DELETED>
                <DELETED>    ``(B) the waiver issued to that worker 
                under subsection (c)(1) is revoked under subsection 
                (c)(2).</DELETED>
        <DELETED>    ``(2) Exception.--The provisions of subsection 
        (a)(5) and paragraph (1) shall not apply with respect to any 
        week of unemployment that begins before the first week 
        following the week in which the certification is issued under 
        section 231.</DELETED>
<DELETED>    ``(c) Waivers of Training Requirements.--</DELETED>
        <DELETED>    ``(1) Issuance of waivers.--The Secretary may 
        issue a written statement to an adversely affected worker 
        waiving the requirement to be enrolled in training described in 
        subsection (a) if the Secretary determines that the training 
        requirement is not feasible or appropriate for the worker, as 
        indicated by 1 or more of the following:</DELETED>
                <DELETED>    ``(A) Recall.--The worker has been 
                notified that the worker will be recalled by the firm 
                from which the separation occurred.</DELETED>
                <DELETED>    ``(B) Marketable skills.--The worker has 
                marketable skills as determined pursuant to an 
                assessment of the worker, which may include the 
                profiling system under section 303(j) of the Social 
                Security Act (42 U.S.C. 503(j)), carried out in 
                accordance with guidelines issued by the 
                Secretary.</DELETED>
                <DELETED>    ``(C) Retirement.--The worker is within 2 
                years of meeting all requirements for entitlement to 
                old-age insurance benefits under title II of the Social 
                Security Act (42 U.S.C. 401 et seq.) (except for 
                application therefore).</DELETED>
                <DELETED>    ``(D) Health.--The worker is unable to 
                participate in training due to the health of the 
                worker, except that a waiver under this subparagraph 
                shall not be construed to exempt a worker from 
                requirements relating to the availability for work, 
                active search for work, or refusal to accept work under 
                Federal or State unemployment compensation 
                laws.</DELETED>
                <DELETED>    ``(E) Enrollment unavailable.--The first 
                available enrollment date for the approved training of 
the worker is within 60 days after the date of the determination made 
under this paragraph, or, if later, there are extenuating circumstances 
for the delay in enrollment, as determined pursuant to guidelines 
issued by the Secretary.</DELETED>
                <DELETED>    ``(F) Duration.--The duration of training 
                appropriate for the individual to obtain suitable 
                employment exceeds the individual's maximum entitlement 
                to basic and additional trade adjustment allowances 
                and, in addition, financial support available through 
                other Federal or State programs, including chapter 5 of 
                subtitle B of title I of the Workforce Investment Act 
                of 1998 (29 U.S.C. 2861 et seq.), that would enable the 
                individual to complete a suitable training program 
                cannot be assured.</DELETED>
                <DELETED>    ``(G) Employment available.--There is 
                employment (which may include technical and 
                professional employment) available for an adversely 
                affected worker that offers equivalent wages to those 
                that the adversely affected worker earned prior to 
                separation.</DELETED>
                <DELETED>    ``(H) No benefit.--The worker would not 
                benefit from any training, or no training that is 
                suitable for the worker is available at a reasonable 
                cost.</DELETED>
                <DELETED>    ``(I) No reasonable expectation of 
                employment.--There is no reasonable expectation of 
                employment following completion of the 
                training.</DELETED>
                <DELETED>    ``(J) Training not available.--Training 
                approved by the Secretary is not reasonably available 
                to the worker from either governmental agencies or 
                private sources (which may include area vocational 
                education schools, as defined in section 3 of the Carl 
                D. Perkins Vocational and Technical Education Act of 
                1998 (20 U.S.C. 2302), and employers).</DELETED>
                <DELETED>    ``(K) Worker not qualified.--The worker is 
                not qualified to undertake and complete any 
                training.</DELETED>
        <DELETED>    ``(2) Duration of waivers.--</DELETED>
                <DELETED>    ``(A) In general.--A waiver issued under 
                paragraph (1) shall be effective for not more than 6 
                months after the date on which the waiver is issued, 
                unless the Secretary determines otherwise.</DELETED>
                <DELETED>    ``(B) Revocation.--The Secretary shall 
                revoke a waiver issued under paragraph (1) if the 
                Secretary determines that the basis of a waiver is no 
                longer applicable to the worker.</DELETED>
        <DELETED>    ``(3) Amendments under section 222.--</DELETED>
                <DELETED>    ``(A) Issuance by cooperating states.--
                Pursuant to an agreement under section 222, the 
                Secretary may authorize a cooperating State to issue 
                waivers as described in paragraph (1) (except for the 
                determination under subparagraphs (F) and (G) of 
                paragraph (1)).</DELETED>
                <DELETED>    ``(B) Submission of statements.--An 
                agreement under section 222 shall include a requirement 
                that the cooperating State submit to the Secretary the 
                written statements provided pursuant to paragraph (1) 
                and a statement of the reasons for the 
                waiver.</DELETED>
        <DELETED>    ``(4) Reasonable expectation of employment.--For 
        purposes of applying subsection (c)(1)(I), a reasonable 
        expectation of employment does not require that employment 
        opportunities for a worker be available, or offered, 
        immediately upon the completion of training approved under this 
        section.</DELETED>

<DELETED>``SEC. 236. WEEKLY AMOUNTS.</DELETED>

<DELETED>    ``(a) In General.--Subject to subsections (b) and (c), the 
trade adjustment allowance payable to an adversely affected worker for 
a week of total unemployment shall be an amount equal to the most 
recent weekly benefit amount of the unemployment insurance payable to 
the worker for a week of total unemployment preceding the worker's 
first exhaustion of unemployment insurance (as determined for purposes 
of section 235(a)(3)(B)) reduced (but not below zero) by--</DELETED>
        <DELETED>    ``(1) any training allowance deductible under 
        subsection (c); and</DELETED>
        <DELETED>    ``(2) any income that is deductible from 
        unemployment insurance under the disqualifying income 
        provisions of the applicable State law or Federal unemployment 
        insurance law.</DELETED>
<DELETED>    ``(b) Adjustment for Workers Receiving Training.--
</DELETED>
        <DELETED>    ``(1) In general.--Any adversely affected worker 
        who is entitled to a trade adjustment allowance and who is 
        receiving training approved by the Secretary, shall receive for 
        each week in which the worker is undergoing that training, a 
        trade adjustment allowance in an amount (computed for such 
        week) equal to the greater of--</DELETED>
                <DELETED>    ``(A) the amount computed under subsection 
                (a); or</DELETED>
                <DELETED>    ``(B) the amount of any weekly allowance 
                for that training to which the worker would be entitled 
                under any other Federal law for the training of 
                workers, if the worker applied for that 
                allowance.</DELETED>
        <DELETED>    ``(2) Allowance paid in lieu of.--Any trade 
        adjustment allowance calculated under paragraph (1) shall be 
        paid in lieu of any training allowance to which the worker 
        would be entitled under any other Federal law.</DELETED>
        <DELETED>    ``(3) Coordination with unemployment insurance.--
        Any week in which a worker undergoing training approved by the 
        Secretary receives payments from unemployment insurance shall 
        be subtracted from the total number of weeks for which a worker 
        may receive trade adjustment allowance under this 
        chapter.</DELETED>
<DELETED>    ``(c) Adjustment for Workers Receiving Allowances Under 
Other Federal Law.--</DELETED>
        <DELETED>    ``(1) Reduction in weeks for which allowance will 
        be paid.--If a training allowance under any Federal law (other 
        than this Act) is paid to an adversely affected worker for any 
        week of unemployment with respect to which the worker would be 
        entitled (determined without regard to any disqualification 
        under section 235(b)) to a trade adjustment allowance if the 
        worker applied for that allowance, each week of unemployment 
        shall be deducted from the total number of weeks of trade 
        adjustment allowance otherwise payable to that worker under 
        section 235(a) when the worker applies for a trade adjustment 
        allowance and is determined to be entitled to the 
        allowance.</DELETED>
        <DELETED>    ``(2) Payment of difference.--If the training 
        allowance paid to a worker for any week of unemployment is less 
        than the amount of the trade adjustment allowance to which the 
        worker would be entitled if the worker applied for the trade 
        adjustment allowance, the worker shall receive, when the worker 
        applies for a trade adjustment allowance and is determined to 
        be entitled to the allowance, a trade adjustment allowance for 
        that week equal to the difference between the training 
        allowance and the trade adjustment allowance computed under 
        subsection (b).</DELETED>

<DELETED>``SEC. 237. LIMITATIONS ON TRADE ADJUSTMENT 
              ALLOWANCES.</DELETED>

<DELETED>    ``(a) Amount Payable.--The maximum amount of trade 
adjustment allowance payable to an adversely affected worker, with 
respect to the period covered by any certification, shall be the amount 
that is the product of 104 multiplied by the trade adjustment allowance 
payable to the worker for a week of total unemployment (as determined 
under section 236) reduced by the total sum of the unemployment 
insurance to which the worker was entitled (or would have been entitled 
if the worker had applied for unemployment insurance) in the worker's 
first benefit period described in section 235(a)(3)(A).</DELETED>
<DELETED>    ``(b) Duration of Payments.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), a trade adjustment allowance shall not be paid for any 
        week occurring after the close of the 104-week period that 
        begins with the first week following the week in which the 
        adversely affected worker was most recently totally separated--
        </DELETED>
                <DELETED>    ``(A) within the period that is described 
                in section 235(a)(1); and</DELETED>
                <DELETED>    ``(B) with respect to which the worker 
                meets the requirements of section 235(a)(2).</DELETED>
        <DELETED>    ``(2) Special rules.--</DELETED>
                <DELETED>    ``(A) Break in training.--For purposes of 
                this chapter, a worker shall be treated as 
                participating in a training program approved by the 
                Secretary under section 240(a) during any week that is 
                part of a break in a training that does not exceed 30 
                days if--</DELETED>
                        <DELETED>    ``(i) the worker was participating 
                        in a training program approved under section 
                        240(a) before the beginning of the break in 
                        training; and</DELETED>
                        <DELETED>    ``(ii) the break is provided under 
                        the training program.</DELETED>
                <DELETED>    ``(B) On-the-job training.--No trade 
                adjustment allowance shall be paid to a worker under 
                this chapter for any week during which the worker is 
                receiving on-the-job training.</DELETED>
<DELETED>    ``(c) Adjustment of Amounts Payable.--Amounts payable to 
an adversely affected worker under this chapter shall be subject to 
adjustment on a week-to-week basis as may be required by section 
236.</DELETED>
<DELETED>    ``(d) Year-End Adjustment.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provision of this Act or any other provision of law, if the 
        benefit year of a worker ends within an extended benefit 
        period, the number of weeks of extended benefits that the 
        worker would, but for this subsection, be entitled to in that 
        extended benefit period shall not be reduced by the number of 
        weeks for which the worker was entitled, during that benefit 
        year, to trade adjustment allowances under this part.</DELETED>
        <DELETED>    ``(2) Extended benefits period.--For the purpose 
        of this section the term `extended benefit period' has the same 
        meaning given that term in the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 
        note).</DELETED>

<DELETED>``SEC. 238. APPLICATION OF STATE LAWS.</DELETED>

<DELETED>    ``(a) In General.--Except where inconsistent with the 
provisions of this chapter and subject to such regulations as the 
Secretary may prescribe, the availability and disqualification 
provisions of the State law under which an adversely affected worker is 
entitled to unemployment insurance (whether or not the worker has filed 
a claim for such insurance), or, if the worker is not so entitled to 
unemployment insurance, of the State in which the worker was totally or 
partially separated, shall apply to a worker that files an application 
for trade adjustment assistance.</DELETED>
<DELETED>    ``(b) Duration of Applicability.--The State law determined 
to be applicable with respect to a separation of an adversely affected 
worker shall remain applicable for purposes of subsection (a), with 
respect to a separation until the worker becomes entitled to 
unemployment insurance under another State law (whether or not the 
worker has filed a claim for that insurance).</DELETED>

     <DELETED>``PART III--EMPLOYMENT SERVICES, TRAINING, AND OTHER 
                          ALLOWANCES</DELETED>

<DELETED>``SEC. 239. EMPLOYMENT SERVICES.</DELETED>

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

<DELETED>``SEC. 240. TRAINING.</DELETED>

<DELETED>    ``(a) Approved Training Programs.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall approve 
        training programs that include--</DELETED>
                <DELETED>    ``(A) on-the-job training;</DELETED>
                <DELETED>    ``(B) any employment or training activity 
                provided through a one-stop delivery system under 
                chapter 5 of subtitle B of title I of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2861 et 
                seq.);</DELETED>
                <DELETED>    ``(C) any program of adult 
                education;</DELETED>
                <DELETED>    ``(D) any training program (other than a 
                training program described in paragraph (3) for which 
                all, or any portion, of the costs of training the 
                worker are paid--</DELETED>
                        <DELETED>    ``(i) under any Federal or State 
                        program other than this chapter; or</DELETED>
                        <DELETED>    ``(ii) from any source other than 
                        this section; and</DELETED>
                <DELETED>    ``(E) any other training program that the 
                Secretary determines is acceptable to meet the needs of 
                an adversely affected worker.</DELETED>
        <DELETED>    ``(2) Training agreements.--Before approving any 
        training to which subsection (f)(1)(C) may apply, the Secretary 
        may require that the adversely affected worker enter into an 
        agreement with the Secretary under which the Secretary will not 
        be required to pay under subsection (b) the portion of the 
        costs of the training that the worker has reason to believe 
        will be paid under the program, or by the source, described in 
        clause (i) or (ii) of subsection (f)(1)(C).</DELETED>
        <DELETED>    ``(3) Limitation on approvals.--The Secretary 
        shall not approve a training program if all of the following 
        apply:</DELETED>
                <DELETED>    ``(A) Payment by plan.--Any portion of the 
                costs of the training program are paid under any 
                nongovernmental plan or program.</DELETED>
                <DELETED>    ``(B) Right to obtain.--The adversely 
                affected worker has a right to obtain training or funds 
                for training under that plan or program.</DELETED>
                <DELETED>    ``(C) Reimbursement.--The plan or program 
                requires the worker to reimburse the plan or program 
                from funds provided under this chapter, or from wages 
                paid under the training program, for any portion of the 
                costs of that training program paid under the plan or 
                program.</DELETED>
<DELETED>    ``(b) Payment of Training Costs.--</DELETED>
        <DELETED>    ``(1) In general.--Upon approval of a training 
        program under subsection (a), and subject to the limitations 
        imposed by this section, an adversely affected worker covered 
        by a certification issued under section 231 may be eligible to 
        have payment of the costs of that training, including any costs 
        of an approved training program incurred by a worker before a 
        certification was issued under section 231, made on behalf of 
        the worker by the Secretary directly or through a voucher 
        system.</DELETED>
        <DELETED>    ``(2) On-the-job training.--</DELETED>
                <DELETED>    ``(A) Provision of training on the job.--
                If the Secretary approves training under subsection 
                (a), the Secretary shall, insofar as possible, provide 
                or assure the provision of that training on the job, 
                and any training on the job that is approved by the 
                Secretary under subsection (a) shall include related 
                education necessary for the acquisition of skills 
                needed for a position within a particular 
                occupation.</DELETED>
                <DELETED>    ``(B) Monthly installments.--If the 
                Secretary approves payment of any on-the-job training 
                under subsection (a), the Secretary shall pay the costs 
                of that training in equal monthly 
                installments.</DELETED>
                <DELETED>    ``(C) Limitations.--The Secretary may pay 
                the costs of on-the-job training only if--</DELETED>
                        <DELETED>    ``(i) no employed worker is 
                        displaced by the adversely affected worker 
                        (including partial displacement such as a 
                        reduction in the hours of nonovertime work, 
                        wages, or employment benefits);</DELETED>
                        <DELETED>    ``(ii) the training does not 
                        impair contracts for services or collective 
                        bargaining agreements;</DELETED>
                        <DELETED>    ``(iii) in the case of training 
                        that would be inconsistent with the terms of a 
                        collective bargaining agreement, the written 
                        concurrence of the labor organization concerned 
                        has been obtained;</DELETED>
                        <DELETED>    ``(iv) no other individual is on 
                        layoff from the same, or any substantially 
                        equivalent, job for which the adversely 
                        affected worker is being trained;</DELETED>
                        <DELETED>    ``(v) the employer has not 
                        terminated the employment of any regular 
                        employee or otherwise reduced the workforce of 
                        the employer with the intention of filling the 
                        vacancy so created by hiring the adversely 
                        affected worker;</DELETED>
                        <DELETED>    ``(vi) the job for which the 
                        adversely affected worker is being trained is 
                        not being created in a promotional line that 
                        will infringe in any way upon the promotional 
                        opportunities of employed 
                        individuals;</DELETED>
                        <DELETED>    ``(vii) the training is not for 
                        the same occupation from which the worker was 
                        separated and with respect to which the 
                        worker's group was certified pursuant to 
                        section 231;</DELETED>
                        <DELETED>    ``(viii) the employer certifies to 
                        the Secretary that the employer will continue 
                        to employ the worker for at least 26 weeks 
                        after completion of the training if the worker 
                        desires to continue the employment and the 
                        employer does not have due cause to terminate 
                        the employment;</DELETED>
                        <DELETED>    ``(ix) the employer has not 
                        received payment under subsection (b)(1) with 
                        respect to any other on-the-job training 
                        provided by the employer that failed to meet 
                        the requirements of clauses (i) through (vi); 
                        and</DELETED>
                        <DELETED>    ``(x) the employer has not taken, 
                        at any time, any action that violated the terms 
                        of any certification described in clause (viii) 
                        made by that employer with respect to any other 
                        on-the-job training provided by the employer 
                        for which the Secretary has made a payment 
                        under paragraph (1).</DELETED>
<DELETED>    ``(c) Certain Workers Eligible for Training Benefits.--An 
adversely affected worker covered by a certification issued under 
section 231, who is not qualified to receive a trade adjustment 
allowance under section 235, may be eligible to have payment of the 
costs of training made under this section, if the worker enters a 
training program approved by the Secretary not later than 6 months 
after the date on which the certification that covers the worker is 
issued or the Secretary determines that one of the following 
applied:</DELETED>
        <DELETED>    ``(1) Funding was not available at the time at 
        which the adversely affected worker was required to enter 
        training under paragraph (1).</DELETED>
        <DELETED>    ``(2) The adversely affected worker was covered by 
        a waiver issued under section 235(c).</DELETED>
<DELETED>    ``(d) Exhaustion of Unemployment Insurance Not Required.--
The Secretary may approve training, and pay the costs thereof, for any 
adversely affected worker who is a member of a group certified under 
section 231 at any time after the date on which the group is certified, 
without regard to whether the worker has exhausted all rights to any 
unemployment insurance to which the worker is entitled.</DELETED>
<DELETED>    ``(e) Supplemental Assistance.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraphs (2) and 
        (3), when training is provided under a training program 
        approved by the Secretary under subsection (a) in facilities 
        that are not within commuting distance of a worker's regular 
        place of residence, the Secretary may authorize supplemental 
        assistance to defray reasonable transportation and subsistence 
        expenses for separate maintenance.</DELETED>
        <DELETED>    ``(2) Transportation expenses.--The Secretary may 
        not authorize payments for travel expenses exceeding the 
        prevailing mileage rate authorized under the Federal travel 
        regulations.</DELETED>
        <DELETED>    ``(3) Subsistence expenses.--The Secretary may not 
        authorize payments for subsistence that exceed the lesser of--
        </DELETED>
                <DELETED>    ``(A) the actual per diem expenses for 
                subsistence of the worker; or</DELETED>
                <DELETED>    ``(B) an amount equal to 50 percent of the 
                prevailing per diem allowance rate authorized under 
                Federal travel regulations.</DELETED>
<DELETED>    ``(f) Special Provisions; Limitations.--</DELETED>
        <DELETED>    ``(1) Limitation on making payments.--</DELETED>
                <DELETED>    ``(A) Disallowance of other payment.--If 
                the costs of training an adversely affected worker are 
                paid by the Secretary under subsection (b), no other 
                payment for those training costs may be made under any 
                other provision of Federal law.</DELETED>
                <DELETED>    ``(B) No payment of reimbursable costs.--
                No payment for the cost of approved training may be 
                made under subsection (b) if those costs--</DELETED>
                        <DELETED>    ``(i) have already been paid under 
                        any other provision of Federal law; 
                        or</DELETED>
                        <DELETED>    ``(ii) are reimbursable under any 
                        other provision of Federal law and a portion of 
                        those costs have already been paid under that 
                        other provision of Federal law.</DELETED>
                <DELETED>    ``(C) No payment of costs paid 
                elsewhere.--The Secretary is not required to pay the 
                costs of any training approved under subsection (a) to 
                the extent that those costs are paid--</DELETED>
                        <DELETED>    ``(i) under any Federal or State 
                        program other than this chapter; or</DELETED>
                        <DELETED>    ``(ii) from any source other than 
                        this section.</DELETED>
                <DELETED>    ``(D) Exception.--The provisions of this 
                paragraph shall not apply to, or take into account, any 
                funds provided under any other provision of Federal law 
                that are used for any purpose other than the direct 
                payment of the costs incurred in training a particular 
                adversely affected worker, even if the use of those 
                funds has the effect of indirectly paying for or 
                reducing any portion of the costs involved in training 
                the adversely affected worker.</DELETED>
        <DELETED>    ``(2) Unemployment eligibility.--A worker may not 
        be determined to be ineligible or disqualified for unemployment 
        insurance or program benefits under this subchapter because the 
        individual is in training approved under subsection (a), 
        because of leaving work which is not suitable employment to 
        enter the training, or because of the application to any week 
        in training of provisions of State law or Federal unemployment 
        insurance law relating to availability for work, active search 
        for work, or refusal to accept work.</DELETED>
        <DELETED>    ``(3) Definition.--For purposes of this section 
        the term `suitable employment' means, with respect to a worker, 
        work of a substantially equal or higher skill level than the 
        worker's past adversely affected employment, and wages for such 
        work at not less than 80 percent of the worker's average weekly 
        wage.</DELETED>
        <DELETED>    ``(4) Payments after reemployment.--</DELETED>
                <DELETED>    ``(A) In general.--In the case of an 
                adversely affected worker who secures reemployment, the 
                Secretary may approve and pay the costs of training (or 
                shall continue to pay the costs of training previously 
                approved) for that adversely affected worker, for the 
                completion of their training program or up to 26 weeks, 
                whichever is less, after the date the adversely 
                affected worker becomes reemployed.</DELETED>
                <DELETED>    ``(B) Trade adjustment allowance.--An 
                adversely affected worker who is reemployed and is 
                undergoing training approved by the Secretary pursuant 
                to subparagraph (A) may continue to receive trade 
                adjustment allowance, subject to the income offsets 
                provided for in the worker's State unemployment 
                compensation law in accordance with the provisions of 
                section 237.</DELETED>
        <DELETED>    ``(5) Funding.--The total amount of payments that 
        may be made under this section for any fiscal year shall not 
        exceed $300,000,000.</DELETED>

<DELETED>``SEC. 241. JOB SEARCH ALLOWANCES.</DELETED>

<DELETED>    ``(a) Job Search Allowance Authorized.--</DELETED>
        <DELETED>    ``(1) In general.--An adversely affected worker 
        covered by a certification issued under section 231 may file an 
        application with the Secretary for payment of a job search 
        allowance.</DELETED>
        <DELETED>    ``(2) Approval of applications.--The Secretary may 
        grant an allowance pursuant to an application filed under 
        paragraph (1) when all of the following apply:</DELETED>
                <DELETED>    ``(A) Assist adversely affected worker.--
                The allowance is paid to assist an adversely affected 
                worker who has been totally separated in securing a job 
                within the United States.</DELETED>
                <DELETED>    ``(B) Local employment not available.--The 
                Secretary determines that the worker cannot reasonably 
                be expected to secure suitable employment in the 
                commuting area in which the worker resides.</DELETED>
                <DELETED>    ``(C) Application.--The worker has filed 
                an application for the allowance with the Secretary 
                before--</DELETED>
                        <DELETED>    ``(i) the later of--</DELETED>
                                <DELETED>    ``(I) the 365th day after 
                                the date of the certification under 
                                which the worker is certified as 
                                eligible; or</DELETED>
                                <DELETED>    ``(II) the 365th day after 
                                the date of the worker's last total 
                                separation; or</DELETED>
                        <DELETED>    ``(ii) the date that is the 182d 
                        day after the date on which the worker 
                        concluded training, unless the worker received 
                        a waiver under section 235(c).</DELETED>
<DELETED>    ``(b) Amount of Allowance.--</DELETED>
        <DELETED>    ``(1) In general.--An allowance granted under 
        subsection (a) shall provide reimbursement to the worker of 90 
        percent of the cost of necessary job search expenses as 
        prescribed by the Secretary in regulations.</DELETED>
                <DELETED>    ``(A) Maximum allowance.--Reimbursement 
                may not exceed $1,200 for any worker.</DELETED>
                <DELETED>    ``(B) Allowance for subsistence and 
                transportation.--Reimbursement may not be made for 
                subsistence and transportation expenses at levels 
                exceeding those allowable under section 
                240(e).</DELETED>
<DELETED>    ``(c) Exception.--Notwithstanding subsection (b), the 
Secretary shall reimburse any adversely affected worker for necessary 
expenses incurred by the worker in participating in a job search 
program approved by the Secretary.</DELETED>

<DELETED>``SEC. 242. RELOCATION ALLOWANCES.</DELETED>

<DELETED>    ``(a) Relocation Allowance Authorized.--</DELETED>
        <DELETED>    ``(1) In general.--Any adversely affected worker 
        covered by a certification issued under section 231 may file an 
        application for a relocation allowance with the Secretary, and 
        the Secretary may grant the relocation allowance, subject to 
        the terms and conditions of this section.</DELETED>
        <DELETED>    ``(2) Conditions for granting allowance.--A 
        relocation allowance may be granted if all of the following 
        terms and conditions are met:</DELETED>
                <DELETED>    ``(A) Assist an adversely affected 
                worker.--The relocation allowance will assist an 
                adversely affected worker in relocating within the 
                United States.</DELETED>
                <DELETED>    ``(B) Local employment not available.--The 
                Secretary determines that the worker cannot reasonably 
                be expected to secure suitable employment in the 
                commuting area in which the worker resides.</DELETED>
                <DELETED>    ``(C) Total separation.--The worker is 
                totally separated from employment at the time 
                relocation commences.</DELETED>
                <DELETED>    ``(D) Suitable employment obtained.--The 
                worker--</DELETED>
                        <DELETED>    ``(i) has obtained suitable 
                        employment affording a reasonable expectation 
                        of long-term duration in the area in which the 
                        worker wishes to relocate; or</DELETED>
                        <DELETED>    ``(ii) has obtained a bona fide 
                        offer of such employment.</DELETED>
                <DELETED>    ``(E) Application.--The worker filed an 
                application with the Secretary before--</DELETED>
                        <DELETED>    ``(i) the later of--</DELETED>
                                <DELETED>    ``(I) the 425th day after 
                                the date of the certification under 
                                section 231; or</DELETED>
                                <DELETED>    ``(II) the 425th day after 
                                the date of the worker's last total 
                                separation; or</DELETED>
                        <DELETED>    ``(ii) the date that is the 182d 
                        day after the date on which the worker 
                        concluded training, unless the worker received 
                        a waiver under section 235(c).</DELETED>
<DELETED>    ``(b) Amount of Allowance.--The relocation allowance 
granted to a worker under subsection (a) includes--</DELETED>
        <DELETED>    ``(1) 90 percent of the reasonable and necessary 
        expenses (including, but not limited to, subsistence and 
        transportation expenses at levels not exceeding those allowable 
        under section 240(e)) specified in regulations prescribed by 
        the Secretary, incurred in transporting the worker, the 
        worker's family, and household effects; and</DELETED>
        <DELETED>    ``(2) a lump sum equivalent to 3 times the 
        worker's average weekly wage, up to a maximum payment of 
        $1,500.</DELETED>
<DELETED>    ``(c) Limitations.--A relocation allowance may not be 
granted to a worker unless--</DELETED>
        <DELETED>    ``(1) the relocation occurs within 182 days after 
        the filing of the application for relocation assistance; 
        or</DELETED>
        <DELETED>    ``(2) the relocation occurs within 182 days after 
        the conclusion of training, if the worker entered a training 
        program approved by the Secretary under section 
        240(a).</DELETED>

<DELETED>``SEC. 243. SUPPORTIVE SERVICES; WAGE INSURANCE.</DELETED>

<DELETED>    ``(a) Supportive Services.--</DELETED>
        <DELETED>    ``(1) Application.--</DELETED>
                <DELETED>    ``(A) In general.--The State may, on 
                behalf of any adversely affected worker or group of 
                workers covered by a certification issued under section 
                231--</DELETED>
                        <DELETED>    ``(i) file an application with the 
                        Secretary for services under section 173 of the 
                        Workforce Investment Act of 1998 (relating to 
                        National Emergency Grants); and</DELETED>
                        <DELETED>    ``(ii) provide other services 
                        under title I of the Workforce Investment Act 
                        of 1998.</DELETED>
                <DELETED>    ``(B) Services.--The services available 
                under this paragraph include transportation, child 
                care, and dependent care that are necessary to enable a 
                worker to participate in activities authorized under 
                this chapter.</DELETED>
        <DELETED>    ``(2) Conditions.--The Secretary may approve an 
        application filed under paragraph (1)(A)(i) and provide 
        supportive services to an adversely affected worker only if the 
        Secretary determines that all of the following apply:</DELETED>
                <DELETED>    ``(A) Necessity.--Providing services is 
                necessary to enable the worker to participate in or 
                complete training.</DELETED>
                <DELETED>    ``(B) Consistent with workforce investment 
                act.--The services are consistent with the supportive 
                services provided to participants under the provisions 
                relating to dislocated worker employment and training 
                activities set forth in chapter 5 of subtitle B of 
                title I of the Workforce Investment Act of 1998 (29 
                U.S.C. 2861 et seq.).</DELETED>
<DELETED>    ``(b) Wage Insurance Program.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary shall establish a 
        Wage Insurance Program under which a State shall use the funds 
        provided to the State for trade adjustment allowances to pay to 
        an adversely affected worker certified under section 231 a wage 
        subsidy of up to 50 percent of the difference between the wages 
        received by the adversely affected worker from reemployment and 
        the wages received by the adversely affected worker at the time 
        of separation for a period not to exceed 2 years.</DELETED>
        <DELETED>    ``(2) Amount of payment.--</DELETED>
                <DELETED>    ``(A) Wages under $40,000.--If the wages 
                the worker receives from reemployment are less than 
                $40,000 a year, the wage subsidy shall be 50 percent of 
                the difference between the amount of the wages received 
                by the worker from reemployment and the amount of the 
                wages received by the worker at the time of 
                separation.</DELETED>
                <DELETED>    ``(B) Wages between $40,000 and $50,000.--
                If the wages received by the worker from reemployment 
                are greater than $40,000 a year but less than $50,000 a 
                year, the wage subsidy shall be 25 percent of the 
                difference between the amount of the wages received by 
                the worker from reemployment and the amount of the 
                wages received by the worker at the time of 
                separation.</DELETED>
        <DELETED>    ``(2) Eligibility.--An adversely affected worker 
        may be eligible to receive a wage subsidy under this subsection 
        if the worker--</DELETED>
                <DELETED>    ``(A) enrolls in the Wage Insurance 
                Program;</DELETED>
                <DELETED>    ``(B) obtains reemployment not more than 
                26 weeks after the date of separation from the 
                adversely affected employment;</DELETED>
                <DELETED>    ``(C) is at least 50 years of 
                age;</DELETED>
                <DELETED>    ``(D) earns not more than $50,000 a year 
                in wages from reemployment;</DELETED>
                <DELETED>    ``(E) is employed at least 30 hours a week 
                in the reemployment; and</DELETED>
                <DELETED>    ``(F) does not return to the employment 
                from which the worker was separated.</DELETED>
        <DELETED>    ``(3) Amount of payments.--The payments made under 
        paragraph (1) to an adversely affected worker may not exceed 
        $10,000 over the 2-year period.</DELETED>
        <DELETED>    ``(4) Limitation on other benefits.--At the time a 
        worker begins to receive a wage subsidy under this subsection 
        the worker shall not be eligible to receive any benefits under 
        this Act other than the wage subsidy.</DELETED>
<DELETED>    ``(c) Studies of Assistance Available to Economically 
Distressed Workers.--</DELETED>
        <DELETED>    ``(1) Study by the general accounting office.--
        </DELETED>
                <DELETED>    ``(A) In general.--The Comptroller General 
                of the United States shall conduct a study of all 
                assistance provided by the Federal Government for 
                workers facing job loss and economic 
                distress.</DELETED>
                <DELETED>    ``(B) Report.--Not later than 1 year after 
                the date of enactment of this Act, the Comptroller 
                General shall submit to the Committee on Finance of the 
                Senate and the Committee on Ways and Means of the House 
                of Representatives a report on the study conducted 
                under subparagraph (A). The report shall include a 
                description of--</DELETED>
                        <DELETED>    ``(i) all Federal programs 
                        designed to assist workers facing job loss and 
                        economic distress, including all benefits and 
                        services;</DELETED>
                        <DELETED>    ``(ii) eligibility requirements 
                        for each of the programs; and</DELETED>
                        <DELETED>    ``(iii) procedures for applying 
                        for and receiving benefits and services under 
                        each of the programs.</DELETED>
                <DELETED>    ``(C) Distribution of gao report.--The 
                report described in subparagraph (B) shall be 
                distributed to all one-stop partners authorized under 
                the Workforce Investment Act of 1998.</DELETED>
        <DELETED>    ``(2) Studies by the states.--</DELETED>
                <DELETED>    ``(A) In general.--Each State may conduct 
                a study of its assistance programs for workers facing 
                job loss and economic distress.</DELETED>
                <DELETED>    ``(B) Grants.--The Secretary may award to 
                each State a grant, not to exceed $100,000, to enable 
                the State to conduct the study described in 
                subparagraph (A).</DELETED>
                <DELETED>    ``(C) Report.--Not later than 1 year after 
                the date of enactment of this Act, each State that 
                receives a grant under subparagraph (B) shall submit to 
                the Committee on Finance of the Senate and the 
                Committee on Ways and Means of the House of 
                Representatives the report described in subparagraph 
                (A).</DELETED>
                <DELETED>    ``(D) Distribution of state reports.--A 
                report prepared by a State under this paragraph shall 
                be distributed to the one-stop partners in the 
                State.</DELETED>

 <DELETED>``Subchapter D--Payment and Enforcement Provisions</DELETED>

<DELETED>``SEC. 244. PAYMENTS TO STATES.</DELETED>

<DELETED>    ``(a) In General.--The Secretary, from time to time, shall 
certify to the Secretary of the Treasury for payment to each 
cooperating State, the sums necessary to enable that State as agent of 
the United States to make payments provided for by this 
chapter.</DELETED>
<DELETED>    ``(b) Limitation on Use of Funds.--</DELETED>
        <DELETED>    ``(1) In general.--All money paid to a cooperating 
        State under this section shall be used solely for the purposes 
        for which it is paid.</DELETED>
        <DELETED>    ``(2) Return of funds not so used.--Money paid 
        that is not used for the purpose under subsection (a) shall be 
        returned, at the time specified in the agreement entered into 
        under section 222, to the Secretary of the Treasury.</DELETED>
<DELETED>    ``(c) Surety Bond.--Any agreement under section 222 may 
require any officer or employee of the cooperating State certifying 
payments or disbursing funds under the agreement or otherwise 
participating in the performance of the agreement, to give a surety 
bond to the United States in an amount the Secretary deems necessary, 
and may provide for the payment of the cost of that bond from funds for 
carrying out the purposes of this chapter.</DELETED>

<DELETED>``SEC. 245. LIABILITIES OF CERTIFYING AND DISBURSING 
              OFFICERS.</DELETED>

<DELETED>    ``(a) Liability of Certifying Officials.--No person 
designated by the Secretary, or designated pursuant to an agreement 
entered into under section 222, as a certifying officer, in the absence 
of gross negligence or intent to defraud the United States, shall be 
liable with respect to any payment certified by that person under this 
chapter.</DELETED>
<DELETED>    ``(b) Liability of Disbursing Officers.--No disbursing 
officer, in the absence of gross negligence or intent to defraud the 
United States, shall be liable with respect to any payment by that 
officer under this chapter if the payment was based on a voucher signed 
by a certifying officer designated according to subsection 
(a).</DELETED>

<DELETED>``SEC. 246. FRAUD AND RECOVERY OF OVERPAYMENTS.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Overpayment.--If a cooperating State, the 
        Secretary, or a court of competent jurisdiction determines that 
        any person has received any payment under this chapter to which 
        the person was not entitled, including a payment referred to in 
        subsection (b), that person shall be liable to repay that 
        amount to the cooperating State or the Secretary, as the case 
        may be.</DELETED>
        <DELETED>    ``(2) Exception.--The cooperating State or the 
        Secretary may waive repayment if the cooperating State or the 
        Secretary determines, in accordance with guidelines prescribed 
        by the Secretary, that all of the following apply:</DELETED>
                <DELETED>    ``(A) No fault.--The payment was made 
                without fault on the part of the person.</DELETED>
                <DELETED>    ``(B) Repayment contrary to equity.--
                Requiring repayment would be contrary to equity and 
                good conscience.</DELETED>
        <DELETED>    ``(3) Procedure for recovery.--</DELETED>
                <DELETED>    ``(A) Recovery from other allowances 
                authorized.--Unless an overpayment is otherwise 
                recovered or waived under paragraph (2), the 
                cooperating State or the Secretary shall recover the 
                overpayment by deductions from any sums payable to that 
                person under this chapter, under any Federal 
                unemployment compensation law administered by the 
                cooperating State or the Secretary, or under any other 
                Federal law administered by the cooperating State or 
                the Secretary that provides for the payment of 
                assistance or an allowance with respect to 
                unemployment.</DELETED>
                <DELETED>    ``(B) Recovery from state allowances 
                authorized.--Notwithstanding any other provision of 
                Federal or State law, the Secretary may require a 
                cooperating State to recover any overpayment under this 
                chapter by deduction from any unemployment insurance 
                payable to that person under State law, except that no 
                single deduction under this paragraph shall exceed 50 
                percent of the amount otherwise payable.</DELETED>
<DELETED>    ``(b) Ineligibility for Further Payments.--Any person, in 
addition to any other penalty provided by law, shall be ineligible for 
any further payments under this chapter if a cooperating State, the 
Secretary, or a court of competent jurisdiction determines that one of 
the following applies:</DELETED>
        <DELETED>    ``(1) False statement.--The person knowingly made, 
        or caused another to make, a false statement or representation 
        of a material fact, and as a result of the false statement or 
        representation, the person received any payment under this 
        chapter to which the person was not entitled.</DELETED>
        <DELETED>    ``(2) Failure to disclose.--The person knowingly 
        failed, or caused another to fail, to disclose a material fact, 
        and as a result of the nondisclosure, the person received any 
        payment under this chapter to which the person was not 
        entitled.</DELETED>
<DELETED>    ``(c) Hearing.--Except for overpayments determined by a 
court of competent jurisdiction, no repayment may be required, and no 
deduction may be made, under this section until a determination under 
subsection (a) by the cooperating State or the Secretary, as the case 
may be, has been made, notice of the determination and an opportunity 
for a fair hearing has been given to the person concerned, and the 
determination has become final.</DELETED>
<DELETED>    ``(d) Recovered Funds.--Any amount recovered under this 
section shall be returned to the Treasury of the United 
States.</DELETED>

<DELETED>``SEC. 247. CRIMINAL PENALTIES.</DELETED>

<DELETED>    ``Whoever makes a false statement of a material fact 
knowing it to be false, or knowingly fails to disclose a material fact, 
for the purpose of obtaining or increasing for that person or for any 
other person any payment authorized to be furnished under this chapter 
or pursuant to an agreement under section 222 shall be fined not more 
than $1,000, imprisoned for not more than 1 year, or both.</DELETED>

<DELETED>``SEC. 248. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

<DELETED>``SEC. 249. REGULATIONS.</DELETED>

<DELETED>    ``The Secretary shall prescribe such regulations as may be 
necessary to carry out the provisions of this chapter.</DELETED>

<DELETED>``SEC. 250. SUBPOENA POWER.</DELETED>

<DELETED>    ``(a) In General.--The Secretary may require by subpoena 
the attendance of witnesses and the production of evidence necessary to 
make a determination under the provisions of this chapter.</DELETED>
<DELETED>    ``(b) Court Order.--If a person refuses to obey a subpoena 
issued under subsection (a), a competent United States district court, 
upon petition by the Secretary, may issue an order requiring compliance 
with such subpoena.''.</DELETED>

<DELETED>SEC. 102. 50 PERCENT REFUNDABLE TAX CREDIT TOWARD PREMIUMS FOR 
              COBRA CONTINUATION COVERAGE.</DELETED>

<DELETED>    (a) In General.--Subpart C of part IV of subchapter A of 
chapter 1 of the Internal Revenue Code of 1986 (relating to refundable 
credits) is amended by redesignating section 35 as section 36 and by 
inserting after section 34 the following new section:</DELETED>

<DELETED>``SEC. 35. COBRA CONTINUATION COVERAGE PREMIUMS.</DELETED>

<DELETED>    ``(a) In General.--In the case of an eligible individual, 
there shall be allowed as a credit against the tax imposed by this 
subtitle for the taxable year an amount equal to 50 percent of the 
amount paid by the taxpayer during such year as continuation health 
coverage premiums.</DELETED>
<DELETED>    ``(b) Eligible Individual.--For purposes of this section, 
the term `eligible individual' means any individual who is a member of 
a group of workers certified as eligible to apply for adjustment 
assistance under chapter 2 of title II of the Trade Act of 1974 (19 
U.S.C. 221, et seq.).</DELETED>
<DELETED>    ``(c) Continuation Health Coverage Premiums Defined.--For 
purposes of this section, the term `continuation health coverage 
premiums' means, for any period during which a taxpayer is an eligible 
individual, premiums paid for continuation coverage (as defined in 
section 4980B(f)) under a group health plan for such period but only if 
failure to offer such coverage to the taxpayer for such period would 
constitute a failure by such health plan to meet the requirements of 
section 4980B(f).</DELETED>
<DELETED>    ``(d) Coordination With Medical Expense Deduction.--The 
amount which would (but for this subsection) be taken into account by 
the taxpayer under section 213 for the taxable year shall be reduced by 
the credit (if any) allowed by this section to the taxpayer for such 
year.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Paragraph (2) of section 1324(b) of title 31, 
        United States Code, is amended by inserting before the period 
        ``, or from section 35 of such Code''.</DELETED>
        <DELETED>    (2) The table of sections for subpart C of part IV 
        of subchapter A of chapter 1 of the Internal Revenue Code of 
        1986 is amended by striking the last item and inserting the 
        following new items:</DELETED>

                              <DELETED>``Sec. 35. COBRA continuation 
                                        coverage premiums.
                              <DELETED>``Sec. 36. Overpayments of 
                                        tax.''.
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall apply to taxable years beginning after December 31, 2001, for 
premiums for months beginning with January 2002.</DELETED>

   <DELETED>TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS</DELETED>

<DELETED>SEC. 201. REAUTHORIZATION OF PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 256(b) of chapter 3 of title II 
of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended to read as 
follows:</DELETED>
<DELETED>    ``(b) There are authorized to be appropriated to the 
Secretary for the period beginning October 1, 2001, and ending on 
September 30, 2006, such sums as may be necessary to carry out the 
Secretary's functions under this chapter in connection with furnishing 
adjustment assistance to firms. Amounts appropriated under this 
subsection shall remain available until expended.''.</DELETED>
<DELETED>    (b) Eligibility Criteria.--Section 251(c) of Chapter 3 of 
title II of the Trade Act of 1974 (19 U.S.C. 2341(c)(1)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1), by striking subparagraphs 
        (B) and (C) and inserting the following:</DELETED>
        <DELETED>    ``(B) increases of imports of articles like or 
        directly competitive with articles which are produced by such 
        firm contributed importantly to such total or partial 
        separation, or threat thereof, and</DELETED>
        <DELETED>    ``(C) a shift in production by the workers' firm 
        or subdivision to a foreign country of articles like or 
        directly competitive with articles which are produced by that 
        firm or subdivision contributed importantly to the workers' 
        separation or threat of separation.''; and</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``paragraph 
        (1)(C)'' and inserting ``subparagraphs (B) and (C) of paragraph 
        (1)''.</DELETED>

          <DELETED>TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR 
                         COMMUNITIES</DELETED>

<DELETED>SEC. 301. PURPOSE.</DELETED>

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

<DELETED>SEC. 302. TRADE ADJUSTMENT ASSISTANCE FOR 
              COMMUNITIES.</DELETED>

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

     <DELETED>``CHAPTER 4--COMMUNITY ECONOMIC ADJUSTMENT</DELETED>

<DELETED>``SEC. 271. DEFINITIONS.</DELETED>

<DELETED>    ``In this chapter:</DELETED>
        <DELETED>    ``(1) Civilian labor force.--The term `civilian 
        labor force' has the meaning given that term in regulations 
        prescribed by the Secretary of Labor.</DELETED>
        <DELETED>    ``(2) Community.--The term `community' means a 
        county or equivalent political subdivision of a 
        State.</DELETED>
                <DELETED>    ``(A) Rural community.--The term `rural 
                community' means a community that has a rural-urban 
                continuum code of 4 through 9.</DELETED>
                <DELETED>    ``(B) Urban community.--The term `urban 
                community' means a community that has a rural-urban 
                continuum code of 0 through 3.</DELETED>
        <DELETED>    ``(3) Community economic development coordinating 
        committee.--The term `Community Economic Development 
        Coordinating Committee' or `Committee' means a community group 
        established under section 274 that consists of major groups 
        significantly affected by an increase in imports or a shift in 
        production, including local, regional, tribal, and State 
        governments, regional councils of governments and economic 
        development, and business, labor, education, health, religious, 
        and other community-based organizations.</DELETED>
        <DELETED>    ``(4) Director.--The term `Director' means the 
        Director of the Office of Community Economic 
        Adjustment.</DELETED>
        <DELETED>    ``(5) Eligible community.--The term `eligible 
        community' means a community certified under section 273 as 
        eligible for assistance under this chapter.</DELETED>
        <DELETED>    ``(6) Job loss.--The term `job loss' means the 
        total or partial separation of an individual, as those terms 
        are defined in section 221.</DELETED>
        <DELETED>    ``(7) Office.--The term `Office' means the Office 
        of Community Economic Adjustment established under section 
        272.</DELETED>
        <DELETED>    ``(8) Rural-urban continuum code.--The term 
        `rural-urban continuum code' means a code assigned to a 
        community according to the rural-urban continuum code system, 
        as defined by the Economic Research Service of the Department 
        of Agriculture.</DELETED>
        <DELETED>    ``(9) Secretary.--The term `Secretary' means the 
        Secretary of Commerce.</DELETED>

<DELETED>``SEC. 272. OFFICE OF COMMUNITY ECONOMIC ADJUSTMENT.</DELETED>

<DELETED>    ``(a) Establishment.--There is established an Office of 
Community Economic Adjustment in the Office of the Secretary of 
Commerce.</DELETED>
<DELETED>    ``(b) Personnel.--The Office shall be headed by a 
Director, and such staff as may be necessary to carry out the 
responsibilities described in this chapter.</DELETED>
<DELETED>    ``(c) Coordination of Federal Response.--The Office 
shall--</DELETED>
        <DELETED>    ``(1) provide leadership, support, and 
        coordination for a comprehensive management program to address 
        economic dislocation in eligible communities;</DELETED>
        <DELETED>    ``(2) establish an easily accessible, one-stop 
        clearinghouse for States and eligible communities to obtain 
        information regarding economic development assistance available 
        under Federal law;</DELETED>
        <DELETED>    ``(3) coordinate the Federal response to an 
        eligible community--</DELETED>
                <DELETED>    ``(A) by identifying all Federal, State, 
                and local resources that are available to assist the 
                eligible community in recovering from economic 
                distress;</DELETED>
                <DELETED>    ``(B) by ensuring that all Federal 
                agencies offering assistance to an eligible community 
                do so in a targeted, integrated manner that ensures 
                that an eligible community has access to all available 
                Federal assistance;</DELETED>
                <DELETED>    ``(C) by assuring timely consultation and 
                cooperation between Federal, State, and regional 
                officials concerning community economic 
                adjustment;</DELETED>
                <DELETED>    ``(D) by identifying and strengthening 
                existing agency mechanisms designed to assist 
                communities in economic adjustment and workforce 
                reemployment;</DELETED>
                <DELETED>    ``(E) by applying consistent policies, 
                practices, and procedures in the administration of 
                Federal programs that are used to assist communities 
                adversely impacted by an increase in imports or a shift 
                in production;</DELETED>
                <DELETED>    ``(F) by creating, maintaining, and using 
                a uniform economic database to analyze community 
                adjustment activities; and</DELETED>
                <DELETED>    ``(G) by assigning a community economic 
                adjustment advisor to work with each eligible 
                community;</DELETED>
        <DELETED>    ``(4) provide comprehensive technical assistance 
        to any eligible community in the efforts of that community to--
        </DELETED>
                <DELETED>    ``(A) identify serious economic problems 
                in the community that result from an increase in 
                imports or shift in production;</DELETED>
                <DELETED>    ``(B) integrate the major groups and 
                organizations significantly affected by the economic 
                adjustment;</DELETED>
                <DELETED>    ``(C) organize a Community Economic 
                Development Coordinating Committee;</DELETED>
                <DELETED>    ``(D) access Federal, State, and local 
                resources designed to assist in economic development 
                and trade adjustment assistance;</DELETED>
                <DELETED>    ``(E) diversify and strengthen the 
                community economy; and</DELETED>
                <DELETED>    ``(F) develop a community-based strategic 
                plan to address workforce dislocation and economic 
                development;</DELETED>
        <DELETED>    ``(5) establish specific criteria for submission 
        and evaluation of a strategic plan submitted under section 
        276(d);</DELETED>
        <DELETED>    ``(6) administer the grant programs established 
        under sections 276 and 277; and</DELETED>
        <DELETED>    ``(7) establish an interagency Trade Adjustment 
        Assistance Working Group, consisting of the representatives of 
        any Federal department or agency with responsibility for 
        economic adjustment assistance, including the Department of 
        Agriculture, the Department of Defense, the Department of 
        Education, the Department of Labor, the Department of Housing 
        and Urban Development, the Department of Health and Human 
        Services, the Small Business Administration, the Department of 
        the Treasury, the Department of Commerce, the Office of the 
        United States Trade Representative, and the National Economic 
Council.</DELETED>

<DELETED>``SEC. 273. NOTIFICATION AND CERTIFICATION AS AN ELIGIBLE 
              COMMUNITY.</DELETED>

<DELETED>    ``(a) Notification.--The Secretary of Labor, not later 
than 15 days after making a determination that a group of workers is 
eligible for trade adjustment assistance under section 231, shall 
notify the Governor of the State in which the community in which the 
worker's firm is located and the Director, of the Secretary's 
determination.</DELETED>
<DELETED>    ``(b) Certification.--Not later than 30 days after 
notification by the Secretary of Labor described in subsection (a), the 
Director shall certify as eligible for assistance under this chapter a 
community in which 1 of the following conditions apply:</DELETED>
        <DELETED>    ``(1) Number of job losses.--The Director shall 
        certify that a community is eligible for assistance under this 
        chapter if--</DELETED>
                <DELETED>    ``(A) in an urban community, at least 500 
                workers have been certified for assistance under 
                section 231 in the most recent 36-month period 
                preceding the date of certification under this section 
                for which data are available; or</DELETED>
                <DELETED>    ``(B) in a rural community, at least 300 
                workers have been certified for assistance under 
                section 231 in the most recent 36-month period 
                preceding the date of certification under this section 
                for which data are available.</DELETED>
        <DELETED>    ``(2) Percent of workforce unemployed.--The 
        Director shall certify that a community is eligible for 
        assistance under this chapter if the unemployment rate for the 
        community is at least 1 percent greater than the national 
        unemployment rate for the most recent 12-month period for which 
        data are available.</DELETED>
<DELETED>    ``(c) Notification to Eligible Communities.--Not later 
than 15 days after the Director certifies a community as eligible under 
subsection (b), the Director shall notify the community--</DELETED>
        <DELETED>    ``(1) of its determination under subsection 
        (b);</DELETED>
        <DELETED>    ``(2) of the provisions of this chapter;</DELETED>
        <DELETED>    ``(3) how to access the clearinghouse established 
        under section 272(c)(2); and</DELETED>
        <DELETED>    ``(4) how to obtain technical assistance provided 
        under section 272(c)(4).</DELETED>

<DELETED>``SEC. 274. COMMUNITY ECONOMIC DEVELOPMENT COORDINATING 
              COMMITTEE.</DELETED>

<DELETED>    ``(a) Establishment.--In order to receive benefits under 
this chapter, an eligible community shall establish a Community 
Economic Development Coordinating Committee.</DELETED>
<DELETED>    ``(b) Composition of the Committee.--</DELETED>
        <DELETED>    ``(1) Local participation.--The Community Economic 
        Development Coordinating Committee established by an eligible 
        community under subsection (a) shall include representatives of 
        those groups significantly affected by economic dislocation, 
        such as local, regional, tribal, and State governments, 
        regional councils of governments and economic development, 
        business, labor, education, health organizations, religious, 
        and other community-based groups providing assistance to 
        workers, their families, and communities.</DELETED>
        <DELETED>    ``(2) Federal participation.--Pursuant to section 
        275(b)(3), the community economic adjustment advisor, assigned 
        by the Director to assist an eligible community, shall serve as 
        an ex officio member of the Community Economic Development 
        Coordinating Committee, and shall arrange for participation by 
        representatives of other Federal agencies on that Committee as 
        necessary.</DELETED>
        <DELETED>    ``(3) Existing organization.--An eligible 
        community may designate an existing organization in that 
        community as the Community Economic Development Coordinating 
        Committee if that organization meets the requirements of 
        paragraph (1) for the purposes of this chapter.</DELETED>
<DELETED>    ``(c) Duties.--The Community Economic Development 
Coordinating Committee shall--</DELETED>
        <DELETED>    ``(1) ascertain the severity of the community 
        economic adjustment required as a result of the increase in 
        imports or shift in production;</DELETED>
        <DELETED>    ``(2) assess the capacity of the community to 
        respond to the required economic adjustment and the needs of 
        the community as it undertakes economic adjustment, taking into 
        consideration such factors as the number of jobs lost, the size 
        of the community, the diversity of industries, the skills of 
        the labor force, the condition of the current labor market, the 
        availability of financial resources, the quality and 
        availability of educational facilities, and the existence of a 
        basic and advanced infrastructure in the community;</DELETED>
        <DELETED>    ``(3) facilitate a dialogue between concerned 
        interests in the community, represent the impacted community, 
        and ensure all interests in the community work collaboratively 
        toward collective goals without duplication of effort or 
        resources;</DELETED>
        <DELETED>    ``(4) oversee the development of a strategic plan 
        for community economic development, taking into consideration 
        the factors mentioned under paragraph (2), and consistent with 
        the criteria established by the Secretary for the strategic 
        plan developed under section 276;</DELETED>
        <DELETED>    ``(5) create an executive council with an 
        equitable representation of community interests to promote the 
        strategic plan within the community and ensure coordination and 
        cooperation among all stakeholders; and</DELETED>
        <DELETED>    ``(6) apply for any grant, loan, or loan guarantee 
        available under Federal law to develop or implement the 
        strategic plan, and be an eligible recipient for funding for 
        economic adjustment for that community.</DELETED>

<DELETED>``SEC. 275. COMMUNITY ECONOMIC ADJUSTMENT ADVISORS.</DELETED>

<DELETED>    ``(a) In General.--Pursuant to section 272(c)(3)(G), the 
Director shall assign a community economic adjustment advisor to each 
eligible community.</DELETED>
<DELETED>    ``(b) Duties.--The community economic adjustment advisor 
shall--</DELETED>
        <DELETED>    ``(1) provide technical assistance to the eligible 
        community, assist in the development and implementation of a 
        strategic plan, including applying for any grant available 
        under this or any other Federal law to develop or implement 
        that plan;</DELETED>
        <DELETED>    ``(2) at the local and regional level, coordinate 
        the response of all Federal agencies offering assistance to the 
        eligible community;</DELETED>
        <DELETED>    ``(3) serve as an ex officio member of the 
        Community Economic Development Coordinating Committee 
        established by an eligible community under section 
        274;</DELETED>
        <DELETED>    ``(4) act as liaison between the Community 
        Economic Development Coordinating Committee established by the 
        eligible community and all other Federal agencies that offer 
        assistance to eligible communities, including the Department of 
        Agriculture, the Department of Defense, the Department of 
        Education, the Department of Labor, the Department of Housing 
        and Urban Development, the Department of Health and Human 
        Services, the Small Business Administration, the Department of 
        the Treasury, the National Economic Council, and other offices 
        or agencies of the Department of Commerce;</DELETED>
        <DELETED>    ``(5) report regularly to the Director regarding 
        the progress of development activities in the community to 
        which the community economic adjustment advisor is assigned; 
        and</DELETED>
        <DELETED>    ``(6) perform other duties as directed by the 
        Secretary or the Director.</DELETED>

<DELETED>``SEC. 276. STRATEGIC PLANS.</DELETED>

<DELETED>    ``(a) In General.--With the assistance of the community 
economic adjustment advisor, an eligible community may develop a 
strategic plan for community economic adjustment and 
diversification.</DELETED>
<DELETED>    ``(b) Requirements for Strategic Plan.--A strategic plan 
shall contain, at a minimum, the following:</DELETED>
        <DELETED>    ``(1) A description and justification of the 
        capacity for economic adjustment, including the method of 
        financing to be used, the anticipated management structure of 
        the Community Economic Development Coordinating Committee, and 
        the commitment of the community to the strategic plan over the 
        long term.</DELETED>
        <DELETED>    ``(2) A description of, and a plan to accomplish, 
        the projects to be undertaken by the eligible 
        community.</DELETED>
        <DELETED>    ``(3) A description of how the plan and the 
        projects to be undertaken by the eligible community will lead 
        to job creation and job retention in the community.</DELETED>
        <DELETED>    ``(4) A description of any alternative development 
        plans that were considered, particularly less costly 
        alternatives, and why those plans were rejected in favor of the 
        proposed plan.</DELETED>
        <DELETED>    ``(5) A description of any additional steps the 
        eligible community will take to achieve economic adjustment and 
        diversification.</DELETED>
        <DELETED>    ``(6) A description and justification for the cost 
        and timing of proposed basic and advanced infrastructure 
        improvements in the eligible community.</DELETED>
        <DELETED>    ``(7) A description of the occupational and 
        workforce conditions in the eligible community, including but 
        not limited to existing levels of workforce skills and 
        competencies, and educational programs available for workforce 
        training and future employment needs.</DELETED>
        <DELETED>    ``(8) A description of how the plan will adapt to 
        changing markets, business cycles, and other 
        variables.</DELETED>
        <DELETED>    ``(9) A graduation strategy through which the 
        eligible community demonstrates that the community will 
        terminate the need for Federal assistance.</DELETED>
<DELETED>    ``(c) Grants To Develop Strategic Plans.--</DELETED>
        <DELETED>    ``(1) In general.--The Director, upon receipt of 
        an application from a Community Economic Development 
        Coordinating Committee on behalf of an eligible community, 
        shall award a grant to that community to be used to develop the 
        strategic plan.</DELETED>
        <DELETED>    ``(2) Amount.--The amount of a grant made under 
        paragraph (1) shall be determined by the Secretary, but may not 
        exceed $100,000.</DELETED>
        <DELETED>    ``(3) Limit.--Each community can only receive 1 
        grant for the purpose of developing a strategic plan in any 5-
        year period.</DELETED>
<DELETED>    ``(d) Submission of Plan.--The strategic plan created 
under subsection (a) shall be submitted to the Director for evaluation 
and approval.</DELETED>

<DELETED>``SEC. 277. GRANTS FOR ECONOMIC DEVELOPMENT.</DELETED>

<DELETED>    ``The Director, upon receipt of an application from the 
Community Economic Development Coordinating Committee on behalf of an 
eligible community, may award a grant to that community to carry out 
any project or program included in the strategic plan approved under 
section 276(d) that--</DELETED>
        <DELETED>    ``(1) will be located in, or will create or 
        preserve jobs, in that eligible community; and</DELETED>
        <DELETED>    ``(2) implements the strategy of that eligible 
        community to create jobs in sectors that are expected to 
        expand, including projects that--</DELETED>
                <DELETED>    ``(A) encourage industries to locate in 
                that eligible community;</DELETED>
                <DELETED>    ``(B) leverage resources to create or 
                improve Internet or telecommunications capabilities to 
                make the community more attractive for 
                business;</DELETED>
                <DELETED>    ``(C) establish a funding pool for job 
                creation through entrepreneurial activities;</DELETED>
                <DELETED>    ``(D) assist existing firms in that 
                community to restructure or retool to become more 
                competitive in world markets and prevent job loss; 
                or</DELETED>
                <DELETED>    ``(E) assist the community in acquiring 
                the resources necessary to meet the objectives set out 
                in the strategic plan.</DELETED>

<DELETED>``SEC. 278. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``There are authorized to be appropriated to the 
Department of Commerce, for the period beginning October 1, 2001, and 
ending September 30, 2006, such sums as may be necessary to carry out 
the purposes of this chapter.</DELETED>

<DELETED>``SEC. 279. GENERAL PROVISIONS.</DELETED>

<DELETED>    ``(a) Report by the Director.--Not later than 6 months 
after the date of enactment of this Act and annually thereafter, the 
Director shall submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives a report 
regarding the programs established under this title.</DELETED>
<DELETED>    ``(b) Regulations.--The Secretary shall prescribe such 
regulations as are necessary to carry out the provisions of this 
chapter.''.</DELETED>
<DELETED>    ``(c) Supplement not Supplant.--Funds appropriated under 
this chapter shall be used to supplement and not supplant other 
Federal, State, and local public funds expended to provide economic 
development assistance for communities.''.</DELETED>

  <DELETED>TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS</DELETED>

<DELETED>SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.</DELETED>

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

   <DELETED>``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS</DELETED>

<DELETED>``SEC. 291. DEFINITIONS.</DELETED>

<DELETED>    ``In this chapter:</DELETED>
        <DELETED>    ``(1) Agricultural commodity.--The term 
        `agricultural commodity' means any agricultural commodity 
        (including livestock, fish, or harvested seafood) in its raw or 
        natural state.</DELETED>
        <DELETED>    ``(2) Agricultural commodity producer.--The term 
        `agricultural commodity producer' means any person who is 
        engaged in the production and sale of an agricultural commodity 
        in the United States and who owns or shares the ownership and 
        risk of loss of the agricultural commodity.</DELETED>
        <DELETED>    ``(3) Contributed importantly.--</DELETED>
                <DELETED>    ``(A) In general.--The term `contributed 
                importantly' means a cause which is important but not 
                necessarily more important than any other 
                cause.</DELETED>
                <DELETED>    ``(B) Determination of contributed 
                importantly.--The determination of whether imports of 
                articles like or directly competitive with an 
                agricultural commodity with respect to which the 
                petition under this chapter was filed contributed 
                importantly to a decline in the price of the 
                agricultural commodity shall be made by the Secretary 
                of Agriculture.</DELETED>
        <DELETED>    ``(4) Duly authorized representative.--The term 
        `duly authorized representative' means an association of 
        agricultural commodity producers.</DELETED>
        <DELETED>    ``(5) National average price.--The term `national 
        average price' means the national average price paid to an 
        agricultural commodity producer for an agricultural commodity 
        in a marketing year as determined by the Secretary of 
        Agriculture.</DELETED>
        <DELETED>    ``(6) Secretary.--The term `Secretary' means the 
        Secretary of Agriculture.</DELETED>

<DELETED>``SEC. 292. PETITIONS; GROUP ELIGIBILITY.</DELETED>

<DELETED>    ``(a) In General.--A petition for a certification of 
eligibility to apply for adjustment assistance under this chapter may 
be filed with the Secretary by a group of agricultural commodity 
producers or by their duly authorized representative. Upon receipt of 
the petition, the Secretary shall promptly publish notice in the 
Federal Register that the Secretary has received the petition and 
initiated an investigation.</DELETED>
<DELETED>    ``(b) Hearings.--If the petitioner, or any other person 
found by the Secretary to have a substantial interest in the 
proceedings, submits not later than 10 days after the date of the 
Secretary's publication under subsection (a) a request for a hearing, 
the Secretary shall provide for a public hearing and afford such 
interested persons an opportunity to be present, to produce evidence, 
and to be heard.</DELETED>
<DELETED>    ``(c) Group Eligibility Requirements.--The Secretary shall 
certify a group of agricultural commodity producers as eligible to 
apply for adjustment assistance under this chapter if the Secretary 
determines--</DELETED>
        <DELETED>    ``(1) that the national average price for the 
        agricultural commodity, or a class of goods within the 
        agricultural commodity, produced by the group for the most 
        recent marketing year for which the national average price is 
        available is less than 80 percent of the average of the 
        national average price for such agricultural commodity, or such 
        class of goods, for the 5 marketing years preceding the most 
        recent marketing year; and</DELETED>
        <DELETED>    ``(2) that increases in imports of articles like 
        or directly competitive with the agricultural commodity, or 
        class of goods within the agricultural commodity, produced by 
        the group contributed importantly to the decline in price 
        described in paragraph (1).</DELETED>
<DELETED>    ``(d) Special Rule for Qualified Subsequent Years.--A 
group of agricultural commodity producers certified as eligible under 
section 293 shall be eligible to apply for assistance under this 
chapter in any qualified year after the year the group is first 
certified, if the Secretary determines that--</DELETED>
        <DELETED>    ``(1) the national average price for the 
        agricultural commodity, or class of goods within the 
        agricultural commodity, produced by the group for the most 
        recent marketing year for which the national average price is 
        available is equal to or less than the price determined under 
        subsection (c)(1); and</DELETED>
        <DELETED>    ``(2) the requirements of subsection (c)(2) are 
        met.</DELETED>
<DELETED>    ``(e) Determination of Qualified Year and Commodity.--In 
this chapter:</DELETED>
        <DELETED>    ``(1) Qualified year.--The term `qualified year', 
        with respect to a group of agricultural commodity producers 
        certified as eligible under section 293, means each consecutive 
        year after the year in which the group is certified that the 
        Secretary makes the determination under subsection (c) or (d), 
        as the case may be.</DELETED>
        <DELETED>    ``(2) Classes of goods within a commodity.--In any 
        case in which there are separate classes of goods within an 
        agricultural commodity, the Secretary shall treat each class as 
        a separate commodity in determining group eligibility, the 
        national average price, and level of imports under this section 
        and section 296.</DELETED>

<DELETED>``SEC. 293. DETERMINATIONS BY SECRETARY OF 
              AGRICULTURE.</DELETED>

<DELETED>    ``(a) In General.--As soon as practicable after the date 
on which a petition is filed under section 292, but in any event not 
later than 60 days after that date, the Secretary shall determine 
whether the petitioning group meets the requirements of section 292 (c) 
or (d), as the case may be and shall, if the group meets the 
requirements, issue a certification of eligibility to apply for 
assistance under this chapter covering agricultural commodity producers 
in any group that meet the requirements. Each certification shall 
specify the date on which eligibility under this chapter 
begins.</DELETED>
<DELETED>    ``(b) Notice.--Upon making a determination on a petition, 
the Secretary shall promptly publish a summary of the determination in 
the Federal Register, together with the Secretary's reasons for making 
the determination.</DELETED>
<DELETED>    ``(c) Termination of Certification.--Whenever the 
Secretary determines, with respect to any certification of eligibility 
under this chapter, that the decline in price for the agricultural 
commodity covered by the certification is no longer attributable to the 
conditions described in section 292, the Secretary shall terminate such 
certification and promptly cause notice of such termination to be 
published in the Federal Register, together with the Secretary's 
reasons for making such determination.</DELETED>

<DELETED>``SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN 
              INTERNATIONAL TRADE COMMISSION BEGINS 
              INVESTIGATION.</DELETED>

<DELETED>    ``(a) In General.--Whenever the International Trade 
Commission (in this chapter referred to as the `Commission') begins an 
investigation under section 202 with respect to an agricultural 
commodity, the Commission shall immediately notify the Secretary of the 
investigation. Upon receipt of the notification, the Secretary shall 
immediately conduct a study of--</DELETED>
        <DELETED>    ``(1) the number of agricultural commodity 
        producers producing a like or directly competitive agricultural 
        commodity who have been or are likely to be certified as 
        eligible for adjustment assistance under this chapter, 
        and</DELETED>
        <DELETED>    ``(2) the extent to which the adjustment of such 
        producers to the import competition may be facilitated through 
        the use of existing programs.</DELETED>
<DELETED>    ``(b) Report.--Not later than 15 days after the day on 
which the Commission makes its report under section 202(f), the 
Secretary shall submit a report to the President setting forth the 
findings of the study under subsection (a). Upon making his report to 
the President, the Secretary shall also promptly make it public (with 
the exception of information which the Secretary determines to be 
confidential) and shall have a summary of it published in the Federal 
Register.</DELETED>

<DELETED>``SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY 
              PRODUCERS.</DELETED>

<DELETED>    ``(a) In General.--The Secretary shall provide full 
information to producers about the benefit allowances, training, and 
other employment services available under this title and about the 
petition and application procedures, and the appropriate filing dates, 
for such allowances, training, and services. The Secretary shall 
provide whatever assistance is necessary to enable groups to prepare 
petitions or applications for program benefits under this 
title.</DELETED>
<DELETED>    ``(b) Notice of Benefits.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall mail 
        written notice of the benefits available under this chapter to 
        each agricultural commodity producer that the Secretary has 
        reason to believe is covered by a certification made under this 
        chapter.</DELETED>
        <DELETED>    ``(2) Other notice.--The Secretary shall publish 
        notice of the benefits available under this chapter to 
        agricultural commodity producers that are covered by each 
        certification made under this chapter in newspapers of general 
        circulation in the areas in which such producers 
        reside.</DELETED>
        <DELETED>    ``(3) Other federal assistance.--The Secretary 
        shall also provide information concerning procedures for 
        applying for and receiving all other Federal assistance and 
        services available to workers facing economic 
        distress.</DELETED>

<DELETED>``SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY 
              PRODUCERS.</DELETED>

<DELETED>    ``(a) In General.--Payment of a trade adjustment allowance 
shall be made to an adversely affected agricultural commodity producer 
covered by a certification under this chapter who files an application 
for such allowance within 90 days after the date on which the Secretary 
makes a determination and issues a certification of eligibility under 
section 293, if the following conditions are met:</DELETED>
        <DELETED>    ``(1) The producer submits to the Secretary 
        sufficient information to establish the amount of agricultural 
        commodity covered by the application filed under subsection (a) 
        that was produced by the producer in the most recent 
        year.</DELETED>
        <DELETED>    ``(2) The producer certifies that the producer has 
        not received cash benefits under any provision of this title 
        other than this chapter.</DELETED>
        <DELETED>    ``(3) The producer's net farm income (as 
        determined by the Secretary) for the most recent year is less 
        than the producer's net farm income for the latest year in 
        which no adjustment assistance was received by the producer 
        under this chapter.</DELETED>
        <DELETED>    ``(4) The producer certifies that the producer has 
        met with an Extension Service employee or agent to obtain, at 
        no cost to the producer, information and technical assistance 
        that will assist the producer in adjusting to import 
        competition with respect to the adversely affected agricultural 
        commodity, including--</DELETED>
                <DELETED>    ``(A) information regarding the 
                feasibility and desirability of substituting 1 or more 
                alternative commodities for the adversely affected 
                agricultural commodity; and</DELETED>
                <DELETED>    ``(B) technical assistance that will 
                improve the competitiveness of the production and 
                marketing of the adversely affected agricultural 
                commodity by the producer, including yield and 
                marketing improvements.</DELETED>
<DELETED>    ``(b) Amount of Cash Benefits.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to the provisions of 
        section 298, an adversely affected agricultural commodity 
        producer described in subsection (a) shall be entitled to 
        adjustment assistance under this chapter in an amount equal to 
        the product of--</DELETED>
                <DELETED>    ``(A) one-half of the difference between--
                </DELETED>
                        <DELETED>    ``(i) an amount equal to 80 
                        percent of the average of the national average 
                        price of the agricultural commodity covered by 
                        the application described in subsection (a) for 
                        the 5 marketing years preceding the most recent 
                        marketing year, and</DELETED>
                        <DELETED>    ``(ii) the national average price 
                        of the agricultural commodity for the most 
                        recent marketing year, and</DELETED>
                <DELETED>    ``(B) the amount of the agricultural 
                commodity produced by the agricultural commodity 
                producer in the most recent marketing year.</DELETED>
        <DELETED>    ``(2) Special rule for subsequent qualified 
        years.--The amount of cash benefits for a qualified year shall 
        be determined in the same manner as cash benefits are 
        determined under paragraph (1) except that the average national 
        price of the agricultural commodity shall be determined under 
        paragraph (1)(A)(i) by using the 5-marketing-year period used 
        to determine the amount of cash benefits for the first 
        certification.</DELETED>
<DELETED>    ``(c) Maximum Amount of Cash Assistance.--The maximum 
amount of cash benefits an agricultural commodity producer may receive 
in any 12-month period shall not exceed $10,000.</DELETED>
<DELETED>    ``(d) Limitations on Other Assistance.--An agricultural 
commodity producer entitled to receive a cash benefit under this 
chapter--</DELETED>
        <DELETED>    ``(1) shall not be eligible for any other cash 
        benefit under this title, and</DELETED>
        <DELETED>    ``(2) shall be entitled to employment services and 
        training benefits under part III of subchapter C of chapter 
        2.</DELETED>

<DELETED>``SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Repayment.--If the Secretary, or a court of 
        competent jurisdiction, determines that any person has received 
        any payment under this chapter to which the person was not 
        entitled, such person shall be liable to repay such amount to 
        the Secretary, except that the Secretary may waive such 
        repayment if the Secretary determines, in accordance with 
        guidelines prescribed by the Secretary, that--</DELETED>
                <DELETED>    ``(A) the payment was made without fault 
                on the part of such person; and</DELETED>
                <DELETED>    ``(B) requiring such repayment would be 
                contrary to equity and good conscience.</DELETED>
        <DELETED>    ``(2) Recovery of overpayment.--Unless an 
        overpayment is otherwise recovered, or waived under paragraph 
        (1), the Secretary shall recover the overpayment by deductions 
        from any sums payable to such person under this 
        chapter.</DELETED>
<DELETED>    ``(b) False Statements.--If the Secretary, or a court of 
competent jurisdiction, determines that a person--</DELETED>
        <DELETED>    ``(1) knowingly has made, or caused another to 
        make, a false statement or representation of a material fact, 
        or</DELETED>
        <DELETED>    ``(2) knowingly has failed, or caused another to 
        fail, to disclose a material fact,</DELETED>
<DELETED>and, as a result of such false statement or representation, or 
of such nondisclosure, such person has received any payment under this 
chapter to which the person was not entitled, such person shall, in 
addition to any other penalty provided by law, be ineligible for any 
further payments under this chapter.</DELETED>
<DELETED>    ``(c) Notice and Determination.--Except for overpayments 
determined by a court of competent jurisdiction, no repayment may be 
required, and no deduction may be made, under this section until a 
determination under subsection (a)(1) by the Secretary has been made, 
notice of the determination and an opportunity for a fair hearing 
thereon has been given to the person concerned, and the determination 
has become final.</DELETED>
<DELETED>    ``(d) Payment to Treasury.--Any amount recovered under 
this section shall be returned to the Treasury of the United 
States.</DELETED>
<DELETED>    ``(e) Penalties.--Whoever makes a false statement of a 
material fact knowing it to be false, or knowingly fails to disclose a 
material fact, for the purpose of obtaining or increasing for himself 
or for any other person any payment authorized to be furnished under 
this chapter shall be fined not more than $10,000 or imprisoned for not 
more than 1 year, or both.</DELETED>

<DELETED>``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``(a) In General.--There are authorized to be appropriated 
and there are appropriated to the Department of Agriculture not to 
exceed $100,000,000 for each of the fiscal years 2002 through 2006 to 
carry out the purposes of this chapter.</DELETED>
<DELETED>    ``(b) Proportionate Reduction.--If in any year, the amount 
appropriated under this chapter is insufficient to meet the 
requirements for adjustment assistance payable under this chapter, the 
amount of assistance payable under this chapter shall be reduced 
proportionately.''.</DELETED>

  <DELETED>TITLE V--CONFORMING AMENDMENTS AND EFFECTIVE DATE</DELETED>

<DELETED>SEC. 501. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Amendments to the Trade Act of 1974.--</DELETED>
        <DELETED>    (1) Assistance to industries.--Section 265 of the 
        Trade Act of 1974 (19 U.S.C. 2355) is amended by striking 
        ``certified as eligible to apply for adjustment assistance 
        under sections 231 or 251'', and inserting ``certified as 
        eligible for trade adjustment assistance benefits under section 
        231, or as eligible to apply for adjustment assistance under 
        section 251''.</DELETED>
        <DELETED>    (2) General accounting office report.--Section 
        280(a) of the Trade Act of 1974 is amended by striking 
        ``January 31, 1980'' and inserting ``January 31, 
        2004''.</DELETED>
        <DELETED>    (3) Judicial review.--Section 284(a) of the Trade 
        Act of 1974 (19 U.S.C. 2395(a)) is amended by striking ``under 
        section 223 or section 250(c)'' and all that follows through 
        ``the Secretary of Commerce under section 271'' and inserting 
        ``under section 231, a firm or its representative, or any other 
        interested domestic party aggrieved by a final determination of 
        the Secretary of Commerce under section 251 or a farmer 
        aggrieved by a determination of the Secretary of Agriculture 
        under section 292, or a community or any other interested 
        domestic party aggrieved by a final determination of the 
        Director of the Office of Community Economic Adjustment under 
        section 273''.</DELETED>
        <DELETED>    (4) Termination.--Section 285 of the Trade Act of 
        1974 is amended to read as follows:</DELETED>

<DELETED>``SEC. 285. TERMINATION.</DELETED>

<DELETED>    ``(a) Assistance for Workers.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), trade adjustment assistance, vouchers, allowances, and 
        other payments or benefits may not be provided under chapter 2 
        after September 30, 2006.</DELETED>
        <DELETED>    ``(2) Exception.--Notwithstanding subsection 
        (a)(1), a worker shall continue to receive trade adjustment 
        assistance benefits and other benefits under chapter 2 for any 
        week for which the worker meets the eligibility requirements of 
        that chapter, if on or before September 30, 2006, the worker 
        is--</DELETED>
                <DELETED>    ``(A) certified as eligible for trade 
                adjustment assistance benefits under section 231; 
                and</DELETED>
                <DELETED>    ``(B) is otherwise eligible to receive 
                trade adjustment assistance benefits under chapter 
                2.</DELETED>
<DELETED>    ``(b) Other Assistance.--</DELETED>
        <DELETED>    ``(1) Assistance for firms.--Technical assistance 
        may not be provided under chapter 3 after September 30, 
        2006.</DELETED>
        <DELETED>    ``(2) Assistance for communities.--Technical 
        assistance and other payments may not be provided under chapter 
        4 after September 30, 2006.''.</DELETED>
        <DELETED>    (5) Table of contents.--</DELETED>
                <DELETED>    (A) In general.--The table of contents for 
                chapters 2, 3, and 4 of title II of the Trade Act of 
                1974 is amended to read as follows:</DELETED>

        <DELETED>````subchapter a--general provisionsor Workers
        <DELETED>``Sec. 221. Definitions.
        <DELETED>``Sec. 222. Agreements with States.
        <DELETED>``Sec. 223. Administration absent State agreement.
        <DELETED>``Sec. 224. Data collection; evaluations; reports.
        <DELETED>``Sec. 225. Study by Secretary of Labor when 
                            International Trade Commission begins 
                     ``subchapter b--certifications
        <DELETED>``Sec. 231. Certification as adversely affected 
                            workers.
        <DELETED>``S``subchapter c--program benefitsworkers.
                 <DELETED>``Part I--General Provisions

        <DELETED>``Sec. 234. Comprehensive assistance.
            <DELETED>``Part II--Trade Adjustment Allowances

        <DELETED>``Sec. 235. Qualifying requirements for workers.
        <DELETED>``Sec. 236. Weekly amounts.
        <DELETED>``Sec. 237. Limitations on trade adjustment 
                            allowances.
        <DELETED>``Sec. 238. Application of State laws.
     <DELETED>``Part III--Employment Services, Training, and Other 
                               Allowances

        <DELETED>``Sec. 239. Employment services.
        <DELETED>``Sec. 240. Training.
        <DELETED>``Sec. 241. Job search allowances.
        <DELETED>``Sec. 242. Relocation allowances.
        <DE``subchapter d--payment and enforcement provisions
        <DELETED>``Sec. 244. Payments to States.
        <DELETED>``Sec. 245. Liabilities of certifying and disbursing 
                            officers.
        <DELETED>``Sec. 246. Fraud and recovery of overpayments.
        <DELETED>``Sec. 247. Criminal penalties.
        <DELETED>``Sec. 248. Authorization of appropriations.
        <DELETED>``Sec. 249. Regulations.
        <DELETED>``Sec. 250. Subpoena power.
      <DELETED>``Chapter 3--Trade Adjustment Assistance for Firms

        <DELETED>``Sec. 251. Petitions and determinations.
        <DELETED>``Sec. 252. Approval of adjustment proposals.
        <DELETED>``Sec. 253. Technical assistance.
        <DELETED>``Sec. 254. Financial assistance.
        <DELETED>``Sec. 255. Conditions for financial assistance.
        <DELETED>``Sec. 256. Delegation of functions to Small Business 
                            Administration; authorization of 
                            appropriations.
        <DELETED>``Sec. 257. Administration of financial assistance.
        <DELETED>``Sec. 258. Protective provisions.
        <DELETED>``Sec. 259. Penalties.
        <DELETED>``Sec. 260. Suits.
        <DELETED>``Sec. 261. Definition of firm.
        <DELETED>``Sec. 262. Regulations.
        <DELETED>``Sec. 264. Study by Secretary of Commerce when 
                            International Trade Commission begins 
                            investigation; action where there is 
                            affirmative finding.
        <DELETED>``Sec. 265. Assistance to industries.
          <DELETED>``Chapter 4--Community Economic Adjustment

        <DELETED>``Sec. 271. Definitions.
        <DELETED>``Sec. 272. Office of Community Economic Adjustment.
        <DELETED>``Sec. 273. Notification and certification as an 
                            eligible community.
        <DELETED>``Sec. 274. Community Economic Development 
                            Coordinating Committee.
        <DELETED>``Sec. 275. Community economic adjustment advisors.
        <DELETED>``Sec. 276. Strategic plans.
        <DELETED>``Sec. 277. Grants for economic development.
        <DELETED>``Sec. 278. Authorization of appropriations.
        <DELETED>``Sec. 279. General Provisions.''.
                <DELETED>    (B) Chapter 6.--The table of contents for 
                title II of the Trade Act of 1974, as amended by 
                subparagraph (A), is amended by inserting after the 
                items relating to chapter 5 the following:</DELETED>

        <DELETED>``Chapter 6--Adjustment Assistance for Farmers

<DELETED>``Sec. 291. Definitions.
<DELETED>``Sec. 292. Petitions; group eligibility.
<DELETED>``Sec. 293. Determinations by Secretary.
<DELETED>``Sec. 294. Study by Secretary when International Trade 
                            Commission begins investigation.
<DELETED>``Sec. 295. Benefit information to agricultural commodity 
                            producers.
<DELETED>``Sec. 296. Qualifying requirements for agricultural commodity 
                            producers.
<DELETED>``Sec. 297. Fraud and recovery of overpayments.
<DELETED>``Sec. 298. Authorization of appropriations.''.
<DELETED>    (b) Internal Revenue Code.--</DELETED>
        <DELETED>    (1) Adjusted gross income.--Section 62(a)(12) of 
        the Internal Revenue Code of 1986 (relating to the definition 
        of adjusted gross income) is amended by striking ``trade 
        readjustment allowances under section 231 or 232'' and 
        inserting ``trade adjustment allowances under section 235 or 
        236''.</DELETED>
        <DELETED>    (2) Federal unemployment.--</DELETED>
                <DELETED>    (A) In general.--Section 3304(a)(8) of the 
                Internal Revenue Code of 1986 (relating to the approval 
                of State unemployment insurance laws) is amended to 
                read as follows:</DELETED>
        <DELETED>    ``(8) compensation shall not be denied to an 
        individual for any week because the individual is in training 
        with the approval of the State agency, or in training approved 
        by the Secretary of Labor pursuant to chapter 2 of title II of 
        the Trade Act of 1974 (or because of the application, to any 
        such week in training, of State law provisions relating to 
        availability for work, active search for work, or refusal to 
        accept work);''.</DELETED>
                <DELETED>    (B) Effective date.--</DELETED>
                        <DELETED>    (i) In general.--Except as 
                        provided in clause (ii), the amendments made by 
                        this paragraph shall apply in the case of 
                        compensation paid for weeks beginning on or 
                        after October 1, 2001.</DELETED>
                        <DELETED>    (ii) Meeting of state 
                        legislature.--</DELETED>
                                <DELETED>    (I) In general.--If the 
                                Secretary of Labor identifies a State 
                                as requiring a change to its statutes 
                                or regulations in order to comply with 
                                the amendments made by subparagraph 
                                (A), the amendments made by 
                                subparagraph (A) shall apply in the 
                                case of compensation paid for weeks 
                                beginning after the earlier of--
                                </DELETED>
                                        <DELETED>    (aa) the date the 
                                        State changes its statutes or 
                                        regulations in order to comply 
                                        with the amendments made by 
                                        this section; or</DELETED>
                                        <DELETED>    (bb) the end of 
                                        the first session of the State 
                                        legislature which begins after 
                                        the date of enactment of this 
                                        Act or which began prior to 
                                        such date and remained in 
                                        session for at least 25 
                                        calendar days after such 
                                        date;</DELETED>
                                <DELETED>except that in no case shall 
                                the amendments made by this Act apply 
                                before October 1, 2001.</DELETED>
                                <DELETED>    (II) Session defined.--In 
                                this clause, the term ``session'' means 
                                a regular, special, budget, or other 
                                session of a State 
                                legislature.</DELETED>
<DELETED>    (c) Amendments to Title 28.--</DELETED>
        <DELETED>    (1) Civil actions against the united states.--
        Section 1581(d) of title 28, United States Code, is amended--
        </DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``section 223'' and inserting ``section 231''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (3), by striking 
                ``section 271'' and inserting ``section 
                273''.</DELETED>
        <DELETED>    (2) Persons entitled to commence a civil action.--
        Section 2631 of title 28, United States Code, is amended--
        </DELETED>
                <DELETED>    (A) by amending subsection (d)(1) to read 
                as follows:</DELETED>
<DELETED>    ``(d)(1) A civil action to review any final determination 
of the Secretary of Labor under section 231 of the Trade Act of 1974 
with respect to the certification of workers as adversely affected and 
eligible for trade adjustment assistance under that Act may be 
commenced by a worker, a group of workers, a certified or recognized 
union, or an authorized representative of such worker or group, that 
petitions for certification under that Act and is aggrieved by the 
final determination.''; and</DELETED>
                <DELETED>    (B) in subsection (d)(3), by striking 
                ``Secretary of Commerce under section 271'' and 
                inserting ``Director of the Office of Community 
                Economic Adjustment under section 273''.</DELETED>
        <DELETED>    (3) Time for commencement of action.--Section 
        2636(d) of title 28, United States Code, is amended by striking 
        ``under section 223 of the Trade Act of 1974 or a final 
        determination of the Secretary of Commerce under section 251 or 
        section 271 of such Act'' and inserting ``under section 231 of 
        the Trade Act of 1974, a final determination of the Secretary 
        of Commerce under section 251 of that Act, or a final 
        determination of the Director of the Office of Community 
Economic Adjustment under section 273 of that Act''.</DELETED>
        <DELETED>    (4) Scope and standard of review.--Section 2640(c) 
        of title 28, United States Code, is amended by striking ``under 
        section 223 of the Trade Act of 1974 or any final determination 
        of the Secretary of Commerce under section 251 or section 271 
        of such Act'' and inserting ``under section 231 of the Trade 
        Act of 1974, a final determination of the Secretary of Commerce 
        under section 251 of that Act, or a final determination of the 
        Director of the Office of Community Economic Adjustment under 
        section 273 of that Act''.</DELETED>
        <DELETED>    (5) Relief.--Section 2643(c)(2) of title 28, 
        United States Code, is amended by striking ``under section 223 
        of the Trade Act of 1974 or any final determination of the 
        Secretary of Commerce under section 251 or section 271 of such 
        Act'' and inserting ``under section 231 of the Trade Act of 
        1974, a final determination of the Secretary of Commerce under 
        section 251 of that Act, or a final determination of the 
        Director of the Office of Community Economic Adjustment under 
        section 273 of that Act''.</DELETED>
<DELETED>    (d) Amendment to the Food Stamp Act of 1977.--Section 
6(o)(1)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(1)(B)) is 
amended by striking ``section 236'' and inserting ``section 
240''.</DELETED>

   <DELETED>TITLE VI--SAVINGS PROVISIONS AND EFFECTIVE DATE</DELETED>

<DELETED>SEC. 601. SAVINGS PROVISIONS.</DELETED>

<DELETED>    (a) Proceedings Not Affected.--</DELETED>
        <DELETED>    (1) In general.--The provisions of this Act shall 
        not affect any petition for certification for benefits under 
        chapter 2 of title II of the Trade Act of 1974 that is in 
        effect on September 30, 2001. Determinations shall be issued, 
        appeals shall be taken therefrom, and payments shall be made 
        under those determinations, as if this Act had not been 
        enacted, and orders issued in any proceeding shall continue in 
        effect until modified, terminated, superseded, or revoked by a 
        duly authorized official, by a court of competent jurisdiction, 
        or by operation of law.</DELETED>
        <DELETED>    (2) Modification or discontinuance.--Nothing in 
        this subsection shall be deemed to prohibit the discontinuance 
        or modification of any proceeding under the same terms and 
        conditions and to the same extent that the proceeding could 
        have been discontinued or modified if this Act had not been 
        enacted.</DELETED>
<DELETED>    (b) Suits Not Affected.--The provisions of this Act shall 
not affect any suit commenced before October 1, 2001, and in all those 
suits, proceedings shall be had, appeals taken, and judgments rendered 
in the same manner and with the same effect as if this Act had not been 
enacted.</DELETED>
<DELETED>    (c) Nonabatement of Actions.--No suit, action, or other 
proceeding commenced by or against the Federal Government, or by or 
against any individual in the official capacity of that individual as 
an officer of the Federal Government, shall abate by reason of 
enactment of this Act.</DELETED>

<DELETED>SEC. 602. EFFECTIVE DATE.</DELETED>

<DELETED>    (a) In General.--Except as otherwise provided in section 
102, section 501(b)(2)(B), and subsection (b) of this section, the 
amendments made by this Act shall apply to--</DELETED>
        <DELETED>    (1) petitions for certification filed under 
        chapter 2 or 3 of title II of the Trade Act of 1974 on or after 
        October 1, 2001;</DELETED>
        <DELETED>    (2) petitions for certification filed under 
        chapter 2 or 3 of title II of the Trade Act of 1974 before 
        October 1, 2001, that are pending on such date; and</DELETED>
        <DELETED>    (3) certifications for assistance under chapter 4 
        of title II of the Trade Act of 1974 issued on or after October 
        1, 2001.</DELETED>
<DELETED>    (b) Workers Certified as Eligible Before October 1, 
2001.--Notwithstanding subsection (a), a worker shall continue to 
receive (or be eligible to receive) trade adjustment assistance and 
other benefits under chapter 2 of title II of the Trade Act of 1974, as 
in effect on September 30, 2001, for any week for which the worker 
meets the eligibility requirements of such chapter II as in effect on 
such date, if on or before September 30, 2001, the worker--</DELETED>
        <DELETED>    (1) was certified as eligible for trade adjustment 
        assistance benefits under such chapter as in effect on such 
        date; and</DELETED>
        <DELETED>    (2) would otherwise be eligible to receive trade 
        adjustment assistance benefits under such chapter as in effect 
        on such date.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Adjustment 
Assistance for Workers, Farmers, Fishermen, Communities, and Firms Act 
of 2002''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.

            TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Sec. 101. Adjustment assistance for workers.
Sec. 102. Displaced worker self-employment training pilot program.

            TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

Sec. 201. Reauthorization of program.

         TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

Sec. 301. Purpose.
Sec. 302. Trade adjustment assistance for communities.

           TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

Sec. 401. Trade adjustment assistance for farmers.

           TITLE V--TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN

Sec. 501. Trade adjustment assistance for fishermen.

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

Sec. 601. Premium assistance for COBRA continuation coverage for 
                            individuals and their families.
Sec. 602. State option to provide temporary medicaid coverage for 
                            certain uninsured individuals.
Sec. 603. State option to provide temporary coverage under medicaid for 
                            the unsubsidized portion of COBRA 
                            continuation premiums.
Sec. 604. Definitions.

          TITLE VII--CONFORMING AMENDMENTS AND EFFECTIVE DATE

Sec. 701. Conforming amendments.

           TITLE VIII--SAVINGS PROVISIONS AND EFFECTIVE DATE

Sec. 801. Savings provisions.
Sec. 802. Effective date.

                   TITLE IX--CUSTOMS REAUTHORIZATION

Sec. 900. Short title.

               Subtitle A--United States Customs Service

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

Sec. 901. Authorization of appropriations for noncommercial operations, 
                            commercial operations, and air and marine 
                            interdiction.
Sec. 902. Antiterrorist and illicit narcotics detection equipment for 
                            the United States-Mexico border, United 
                            States-Canada border, and Florida and the 
                            Gulf Coast seaports.
Sec. 903. Compliance with performance plan requirements.

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

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

                  Chapter 3--Miscellaneous Provisions

Sec. 921. Additional Customs Service officers for United States-Canada 
                            border.
Sec. 922. Study and report relating to personnel practices of the 
                            Customs Service.
Sec. 923. Study and report relating to accounting and auditing 
                            procedures of the Customs Service.
Sec. 924. Establishment and implementation of cost accounting system; 
                            reports.
Sec. 925. Study and report relating to timeliness of prospective 
                            rulings.
Sec. 926. Study and report relating to customs user fees.

                  Chapter 4--Antiterrorism Provisions

Sec. 931. Emergency adjustments to offices, ports of entry, or staffing 
                            of the Customs Service.
Sec. 932. Mandatory advanced electronic information for cargo and 
                            passengers.
Sec. 933. Border search authority for certain contraband in outbound 
                            mail.
Sec. 934. Authorization of appropriations for reestablishment of 
                            customs operations in New York City.

              Chapter 5--Textile Transshipment Provisions

Sec. 941. GAO audit of textile transshipment monitoring by Customs 
                            Service.
Sec. 942. Authorization of appropriations for textile transshipment 
                            enforcement operations.
Sec. 943. Implementation of the African Growth and Opportunity Act.

      Subtitle B--Office of the United States Trade Representative

Sec. 951. Authorization of appropriations.

        Subtitle C--United States International Trade Commission

Sec. 961. Authorization of appropriations.

                   Subtitle D--Other Trade Provisions

Sec. 971. Increase in aggregate value of articles exempt from duty 
                            acquired abroad by United States residents.
Sec. 972. Regulatory audit procedures.

                      Subtitle E--Sense of Senate

Sec. 981. Sense of Senate.

                   TITLE X--MISCELLANEOUS PROVISIONS

Sec. 1001. Country of origin labeling of fish and shellfish products.
Sec. 1002. Sugar policy.

            TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

SEC. 101. ADJUSTMENT ASSISTANCE FOR WORKERS.

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

             ``CHAPTER 2--ADJUSTMENT ASSISTANCE FOR WORKERS

                   ``Subchapter A--General Provisions

``SEC. 221. DEFINITIONS.

    ``In this chapter:
            ``(1) Additional compensation.--The term `additional 
        compensation' has the meaning given that term in section 205(3) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).
            ``(2) Adversely affected employment.--The term `adversely 
        affected employment' means employment in a firm or appropriate 
        subdivision of a firm, if workers of that firm or subdivision 
        are eligible to apply for adjustment assistance under this 
        chapter.
            ``(3) Adversely affected worker.--
                    ``(A) In general.--The term `adversely affected 
                worker' means a worker who is a member of a group of 
                workers certified by the Secretary under section 
                231(a)(1) as eligible for trade adjustment assistance.
                    ``(B) Adversely affected secondary worker.--The 
                term `adversely affected worker' includes an adversely 
                affected secondary worker who is a member of a group of 
                workers employed at a downstream producer or a 
                supplier, that is certified by the Secretary under 
                section 231(a)(2) as eligible for trade adjustment 
                assistance.
            ``(4) Average weekly hours.--The term `average weekly 
        hours' means the average hours worked by a worker (excluding 
        overtime) in the employment from which the worker has been or 
        claims to have been separated in the 52 weeks (excluding weeks 
        during which the worker was on leave for purposes of vacation, 
        sickness, maternity, military service, or any other employer-
        authorized leave) preceding the week specified in paragraph 
        (5)(B)(ii).
            ``(5) Average weekly wage.--
                    ``(A) In general.--The term `average weekly wage' 
                means \1/13\ of the total wages paid to an individual 
                in the high quarter.
                    ``(B) Definitions.--For purposes of computing the 
                average weekly wage--
                            ``(i) the term `high quarter' means the 
                        quarter in which the individual's total wages 
                        were highest among the first 4 of the last 5 
                        completed calendar quarters immediately 
                        preceding the quarter in which occurs the week 
                        with respect to which the computation is made; 
                        and
                            ``(ii) the term `week' means the week in 
                        which total separation occurred, or, in cases 
                        where partial separation is claimed, an 
                        appropriate week, as defined in regulations 
                        prescribed by the Secretary.
            ``(6) Benefit period.--The term `benefit period' means, 
        with respect to an individual, the following:
                    ``(A) State law.--The benefit year and any ensuing 
                period, as determined under applicable State law, 
                during which the individual is eligible for regular 
                compensation, additional compensation, or extended 
                compensation.
                    ``(B) Federal law.--The equivalent to the benefit 
                year or ensuing period provided for under the 
                applicable Federal unemployment insurance law.
            ``(7) Benefit year.--The term `benefit year' has the same 
        meaning given that term in the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
            ``(8) Contributed importantly.--The term `contributed 
        importantly' means a cause that is important but not 
        necessarily more important than any other cause.
            ``(9) Cooperating state.--The term `cooperating State' 
        means any State that has entered into an agreement with the 
        Secretary under section 222.
            ``(10) Customized training.--The term `customized training' 
        means training undertaken by an individual to specifications 
        provided by and in close consultation with an employer in 
        consideration of the employer's commitment to hire the 
        individual upon successful completion of the agreed training 
        program.
            ``(11) Downstream producer.--The term `downstream producer' 
        means a firm that performs additional, value-added production 
        processes, including a firm that performs final assembly, 
        finishing, or packaging of articles produced by another firm.
            ``(12) Extended compensation.--The term `extended 
        compensation' has the meaning given that term in section 205(4) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).
            ``(13) Job finding club.--The term `job finding club' means 
        a job search workshop which includes a period of structured, 
        supervised activity in which participants attempt to obtain 
        jobs.
            ``(14) Job search program.--The term `job search program' 
        means a job search workshop or job finding club.
            ``(15) Job search workshop.--The term `job search workshop' 
        means a short (1- to 3-day) seminar, covering subjects such as 
        labor market information, resume writing, interviewing 
        techniques, and techniques for finding job openings, that is 
        designed to provide participants with knowledge that will 
        enable the participants to find jobs.
            ``(16) On-the-job training.--The term `on-the-job training' 
        has the same meaning as that term has in section 101(31) of the 
        Workforce Investment Act.
            ``(17) Partial separation.--A partial separation shall be 
        considered to exist with respect to an individual if--
                    ``(A) the individual has had a 20-percent or 
                greater reduction in the average weekly hours worked by 
                that individual in adversely affected employment; and
                    ``(B) the individual has had a 20-percent or 
                greater reduction in the average weekly wage of the 
                individual with respect to adversely affected 
                employment.
            ``(18) Regular compensation.--The term `regular 
        compensation' has the meaning given that term in section 205(2) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).
            ``(19) Secretary.--The term `Secretary' means the Secretary 
        of Labor.
            ``(20) State.--The term `State' includes each State of the 
        United States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
            ``(21) State agency.--The term `State agency' means the 
        agency of the State that administers the State law.
            ``(22) State law.--The term `State law' means the 
        unemployment insurance law of the State approved by the 
        Secretary under section 3304 of the Internal Revenue Code of 
        1986.
            ``(23) Supplier.--The term `supplier' means a firm that 
        produces component parts for, or articles considered to be a 
        part of, the production process for articles produced by a firm 
        or subdivision covered by a certification of eligibility under 
        section 231. The term `supplier' also includes a firm that 
        provides services under contract to a firm or subdivision 
        covered by such certification.
            ``(24) Total separation.--The term `total separation' means 
        the layoff or severance of an individual from employment with a 
        firm in which or in a subdivision of which, adversely affected 
        employment exists.
            ``(25) Unemployment insurance.--The term `unemployment 
        insurance' means the unemployment compensation payable to an 
        individual under any State law or Federal unemployment 
        compensation law, including chapter 85 of title 5, United 
        States Code, and the Railroad Unemployment Insurance Act (45 
        U.S.C. 351 et seq.).
            ``(26) Week.--Except as provided in paragraph 5(B)(ii), the 
        term `week' means a week as defined in the applicable State 
        law.
            ``(27) Week of unemployment.--The term `week of 
        unemployment' means a week of total, part-total, or partial 
        unemployment as determined under the applicable State law or 
        Federal unemployment insurance law.

``SEC. 222. AGREEMENTS WITH STATES.

    ``(a) In General.--The Secretary is authorized on behalf of the 
United States to enter into an agreement with any State or with any 
State agency (referred to in this chapter as `cooperating State' and 
`cooperating State agency', respectively) to facilitate the provision 
of services under this chapter.
    ``(b) Provisions of Agreements.--Under an agreement entered into 
under subsection (a)--
            ``(1) the cooperating State agency as an agent of the 
        United States shall--
                    ``(A) facilitate the early filing of petitions 
                under section 231(b) for any group of workers that the 
                State considers is likely to be eligible for benefits 
                under this chapter;
                    ``(B) assist the Secretary in the review of any 
                petition submitted from that State by verifying the 
                information and providing other assistance as the 
                Secretary may request;
                    ``(C) advise each worker who applies for 
                unemployment insurance of the available benefits under 
                this chapter and the procedures and deadlines for 
                applying for those benefits;
                    ``(D) receive applications for services under this 
                chapter;
                    ``(E) provide payments on the basis provided for in 
                this chapter;
                    ``(F) advise each adversely affected worker to 
                apply for training under section 240, and of the 
                deadlines for benefits related to enrollment in 
                training under this chapter;
                    ``(G) ensure that the State employees with 
                responsibility for carrying out an agreement entered 
                into under subsection (a)--
                            ``(i) inform adversely affected workers 
                        covered by a certification issued under section 
                        231(c) of the workers' (and individual member's 
                        of the worker's family) potential eligibility 
                        for--
                                    ``(I) medical assistance under the 
                                medicaid program established under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396a et seq.);
                                    ``(II) child health assistance 
                                under the State children's health 
                                insurance program established under 
                                title XXI of that Act (42 U.S.C. 1397aa 
                                et seq.);
                                    ``(III) child care services for 
                                which assistance is provided under the 
                                Child Care and Development Block Grant 
                                Act of 1990 (42 U.S.C. 9858 et seq.); 
                                and
                                    ``(IV) other Federal- and State-
                                funded health care, child care, 
                                transportation, and assistance programs 
                                for which the workers may be eligible; 
                                and
                            ``(ii) provide such workers with 
                        information regarding how to apply for such 
                        assistance, services, and programs;
                    ``(H) provide adversely affected workers referral 
                to training services approved under title I of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
                seq.), and any other appropriate Federal or State 
                program designed to assist dislocated workers or 
                unemployed individuals, consistent with the 
                requirements of subsection (b)(2);
                    ``(I) collect and transmit to the Secretary any 
                data as the Secretary shall reasonably require to 
                assist the Secretary in assuring the effective and 
                efficient performance of the programs carried out under 
                this chapter; and
                    ``(J) otherwise actively cooperate with the 
                Secretary and with other Federal and State agencies in 
                providing payments and services under this chapter, 
                including participation in the performance measurement 
                system established by the Secretary under section 224.
            ``(2) the cooperating State shall--
                    ``(A) arrange for the provision of services under 
                this chapter through the one-stop delivery system 
                established in section 134(c) of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2864(c)) where 
                available;
                    ``(B) provide to adversely affected workers 
                statewide rapid response activities under section 
                134(a)(2)(A) of the Workforce Investment Act of 1998 
                (29 U.S.C. 2864(a)(2)(A)) in the same manner and to the 
                same extent as any other worker eligible for those 
                activities;
                    ``(C) afford adversely affected workers the 
                services provided under section 134(d) of the Workforce 
                Investment Act of 1998 (29 U.S.C. 92864(d)) in the same 
                manner and to the same extent as any other worker 
                eligible for those services; and
                    ``(D) provide training services under this chapter 
                using training providers approved under title I of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
                seq.) which may include community colleges, and other 
                effective providers of training services.
    ``(c) Other Provisions.--
            ``(1) Approval of training providers.--The Secretary shall 
        ensure that the training services provided by cooperating 
        States are provided by organizations approved by the Secretary 
        to effectively assist workers eligible for assistance under 
        this chapter.
            ``(2) Amendment, suspension, or termination of 
        agreements.--Each agreement entered into under this section 
        shall provide the terms and conditions upon which the agreement 
        may be amended, suspended, or terminated.
            ``(3) Effect on unemployment insurance.--Each agreement 
        entered into under this section shall provide that unemployment 
        insurance otherwise payable to any adversely affected worker 
        will not be denied or reduced for any week by reason of any 
        right to payments under this chapter.
            ``(4) Coordination of workforce investment activities.--In 
        order to promote the coordination of Workforce Investment Act 
        activities in each State with activities carried out under this 
        chapter, each agreement entered into under this section shall 
        provide that the State shall submit to the Secretary, in such 
        form as the Secretary may require, the description and 
        information described in paragraphs (8) and (14) of section 
        112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 
        2822(b) (8) and (14)).
    ``(d) Review of State Determinations.--
            ``(1) In general.--A determination by a cooperating State 
        regarding entitlement to program benefits under this chapter is 
        subject to review in the same manner and to the same extent as 
        determinations under the applicable State law.
            ``(2) Appeal.--A review undertaken by a cooperating State 
        under paragraph (1) may be appealed to the Secretary pursuant 
        to such regulations as the Secretary may prescribe.

``SEC. 223. ADMINISTRATION ABSENT STATE AGREEMENT.

    ``(a) In General.--In any State in which there is no agreement in 
force under section 222, the Secretary shall arrange, under regulations 
prescribed by the Secretary, for the performance of all necessary 
functions under this chapter, including providing a hearing for any 
worker whose application for payment is denied.
    ``(b) Finality of Determination.--A final determination under 
subsection (a) regarding entitlement to program benefits under this 
chapter is subject to review by the courts in the same manner and to 
the same extent as is provided by section 205(g) of the Social Security 
Act (42 U.S.C. 405(g)).

``SEC. 224. DATA COLLECTION; EVALUATIONS; REPORTS.

    ``(a) Data Collection.--The Secretary shall, pursuant to 
regulations prescribed by the Secretary, collect any data necessary to 
meet the requirements of this chapter.
    ``(b) Performance Evaluations.--The Secretary shall establish an 
effective performance measuring system to evaluate the following:
            ``(1) Program performance.--
                    ``(A) speed of petition processing;
                    ``(B) quality of petition processing;
                    ``(C) cost of training programs;
                    ``(D) coordination of programs under this title 
                with programs under the Workforce Investment Act (29 
                U.S.C. 2801 et seq.);
                    ``(E) length of time participants take to enter and 
                complete training programs;
                    ``(F) the effectiveness of individual contractors 
                in providing appropriate retraining information;
                    ``(G) the effectiveness of individual approved 
                training programs in helping workers obtain employment;
                    ``(H) best practices related to the provision of 
                benefits and retraining; and
                    ``(I) other data to evaluate how individual States 
                are implementing the requirements of this title.
            ``(2) Participant outcomes.--
                    ``(A) reemployment rates;
                    ``(B) types of jobs in which displaced workers have 
                been placed;
                    ``(C) wage and benefit maintenance results;
                    ``(D) training completion rates; and
                    ``(E) other data to evaluate how effective programs 
                under this chapter are for participants, taking into 
                consideration current economic conditions in the State.
            ``(3) Program participation data.--
                    ``(A) the number of workers receiving benefits and 
                the type of benefits being received;
                    ``(B) the number of workers enrolled in, and the 
                duration of, training by major types of training;
                    ``(C) earnings history of workers that reflects 
                wages before separation and wages in any job obtained 
                after receiving benefits under this Act;
                    ``(D) the cause of dislocation identified in each 
                certified petition; and
                    ``(E) the number of petitions filed and workers 
                certified in each United States congressional district.
    ``(c) State Participation.--The Secretary shall ensure, to the 
extent practicable, through oversight and effective internal control 
measures the following:
            ``(1) State participation.--Participation by each State in 
        the performance measurement system established under subsection 
        (b).
            ``(2) Monitoring.--Monitoring by each State of internal 
        control measures with respect to performance measurement data 
        collected by each State.
            ``(3) Response.--The quality and speed of the rapid 
        response provided by each State under section 134(a)(2)(A) of 
        the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)).
    ``(d) Reports.--
            ``(1) Reports by the secretary.--
                    ``(A) Initial report.--Not later than 6 months 
                after the date of enactment of the Trade Adjustment 
                Assistance for Workers, Farmers, Fishermen, 
                Communities, and Firms Act of 2002, the Secretary shall 
                submit to the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives a report that--
                            ``(i) describes the performance measurement 
                        system established under subsection (b);
                            ``(ii) includes analysis of data collected 
                        through the system established under subsection 
                        (b);
                            ``(iii) includes information identifying 
                        the number of workers who received waivers 
                        under section 235(c) and the average duration 
                        of those during the preceding year;
                            ``(iv) describes and analyzes State 
                        participation in the system;
                            ``(v) analyzes the quality and speed of the 
                        rapid response provided by each State under 
                        section 134(a)(2)(A) of the Workforce 
                        Investment Act of 1998 (29 U.S.C. 
                        2864(a)(2)(A)); and
                            ``(vi) provides recommendations for program 
                        improvements.
                    ``(B) Annual report.--Not later than 1 year after 
                the date the report is submitted under subparagraph 
                (A), and annually thereafter, the Secretary shall 
                submit to the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives a report that includes the information 
                collected under clauses (ii) through (v) of 
                subparagraph (A).
            ``(2) State reports.--Pursuant to regulations prescribed by 
        the Secretary, each State shall submit to the Secretary a 
        report that details its participation in the programs 
        established under this chapter, and that contains the data 
        necessary to allow the Secretary to submit the report required 
        under paragraph (1).
            ``(3) Publication.--The Secretary shall make available to 
        each State, and other public and private organizations as 
        determined by the Secretary, the data gathered and evaluated 
        through the performance measurement system established under 
        paragraph (1).

``SEC. 225. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL TRADE 
              COMMISSION BEGINS INVESTIGATION.

    ``(a) Notification of Investigation.--Whenever the International 
Trade Commission begins an investigation under section 202 with respect 
to an industry, the Commission shall immediately notify the Secretary 
of that investigation, and the Secretary shall immediately begin a 
study of--
            ``(1) the number of workers in the domestic industry 
        producing the like or directly competitive article who have 
        been or are likely to be certified as eligible for adjustment 
        assistance under this chapter; and
            ``(2) the extent to which the adjustment of those workers 
        to the import competition may be facilitated through the use of 
        existing programs.
    ``(b) Report.--
            ``(1) In general.--The Secretary shall provide a report 
        based on the study conducted under subsection (a) to the 
        President not later than 15 days after the day on which the 
        Commission makes its report under section 202(f).
            ``(2) Publication.--The Secretary shall promptly make 
        public the report provided to the President under paragraph (1) 
        (with the exception of information which the Secretary 
        determines to be confidential) and shall have a summary of the 
        report published in the Federal Register.

                     ``Subchapter B--Certifications

``SEC. 231. CERTIFICATION AS ADVERSELY AFFECTED WORKERS.

    ``(a) Eligibility for Certification.--
            ``(1) General rule.--A group of workers (including workers 
        in any agricultural firm or subdivision of an agricultural 
        firm) shall be certified by the Secretary as adversely affected 
        workers and eligible for trade adjustment assistance benefits 
        under this chapter pursuant to a petition filed under 
        subsection (b) if the Secretary determines that--
                    ``(A) a significant number or proportion of the 
                workers in the workers' firm or an appropriate 
                subdivision of the firm have become totally or 
                partially separated, or are threatened to become 
                totally or partially separated; and
                    ``(B)(i)(I) the value or volume of imports of 
                articles like or directly competitive with articles 
                produced by that firm or subdivision have increased; 
                and
                    ``(II) the increase in the value or volume of 
                imports described in subclause (I) contributed 
                importantly to the workers' separation or threat of 
                separation; or
                    ``(ii)(I) there has been a shift in production by 
                the workers' firm or subdivision to a foreign country 
                of articles like or directly competitive with articles 
                which are produced by that firm or subdivision; and
                    ``(II) the shift in production described in 
                subclause (I) contributed importantly to the workers' 
                separation or threat of separation.
            ``(2) Adversely affected secondary worker.--A group of 
        workers (including workers in any agricultural firm or 
        subdivision of an agricultural firm) shall be certified by the 
        Secretary as adversely affected and eligible for trade 
        adjustment assistance benefits under this chapter pursuant to a 
        petition filed under subsection (b) if the Secretary determines 
        that--
                    ``(A) a significant number or proportion of the 
                workers in the workers' firm or an appropriate 
                subdivision of the firm have become totally or 
                partially separated, or are threatened to become 
                totally or partially separated;
                    ``(B) the workers' firm (or subdivision) is a 
                supplier to a firm (or subdivision) or downstream 
                producer to a firm (or subdivision) described in 
                paragraph (1)(B) (i) or (ii); and
                    ``(C) a loss of business with a firm (or 
                subdivision) described in paragraph (1)(B) (i) or (ii) 
                contributed importantly to the workers' separation or 
                threat of separation determined under subparagraph (A).
            ``(3) Special provisions.--
                    ``(A) Oil and natural gas producers.--For purposes 
                of this section, any firm, or appropriate subdivision 
                of a firm, that engages in exploration or drilling for 
                oil or natural gas shall be considered to be a firm 
                producing oil or natural gas.
                    ``(B) Oil and natural gas imports.--For purposes of 
                this section, any firm, or appropriate subdivision of a 
                firm, that engages in exploration or drilling for oil 
                or natural gas, or otherwise produces oil or natural 
                gas, shall be considered to be producing articles 
                directly competitive with imports of oil and with 
                imports of natural gas.
                    ``(C) Taconite.--For purposes of this section, 
                taconite pellets produced in the United States shall be 
                considered to be an article that is like or directly 
                competitive with imports of semifinished steel slab.
                    ``(D) Service workers.--
                            ``(i) In general.--Not later than 6 months 
                        after the date of enactment of the Trade 
                        Adjustment Assistance for Workers, Farmers, 
                        Fishermen, Communities, and Firms Act of 2002, 
                        the Secretary shall establish a program to 
                        provide assistance under this chapter to 
                        domestic operators of motor carriers who are 
                        adversely affected by competition from foreign 
                        owned and operated motor carriers.
                            ``(ii) Data collection system.--Not later 
                        than 6 months after the date of enactment of 
                        the Trade Adjustment Assistance for Workers, 
                        Farmers, Fishermen, Communities, and Firms Act 
                        of 2002, the Secretary shall put in place a 
                        system to collect data on adversely affected 
                        service workers that includes the number of 
                        workers by State, industry, and cause of 
                        dislocation for each worker.
                            ``(iii) Report.--Not later than 2 years 
                        after the date of enactment of the Trade 
                        Adjustment Assistance for Workers, Farmers, 
                        Fishermen, Communities, and Firms Act of 2002, 
                        the Secretary shall report to Congress the 
                        results of a study on ways for extending the 
                        programs in this chapter to adversely affected 
                        service workers, including recommendations for 
                        legislation.
    ``(b) Petitions.--
            ``(1) In general.--A petition for certification of 
        eligibility for trade adjustment assistance under this chapter 
        for a group of adversely affected workers shall be filed 
        simultaneously with the Secretary and with the Governor of the 
        State in which the firm or subdivision of the firm employing 
        the workers is located.
            ``(2) Persons who may file a petition.--A petition under 
        paragraph (1) may be filed by any of the following:
                    ``(A) Workers.--A group of workers (including 
                workers in an agricultural firm or subdivision of any 
                agricultural firm).
                    ``(B) Worker representatives.--The certified or 
                recognized union or other duly appointed representative 
                of the workers.
                    ``(C) Worker adjustment and retraining 
                notification.--Any entity to which notice of a plant 
                closing or mass layoff must be given under section 3 of 
                the Worker Adjustment and Retraining Notification Act 
                (29 U.S.C. 2102).
                    ``(D) Other.--Employers of workers described in 
                subparagraph (A), one-stop operators or one-stop 
                partners (as defined in section 101 of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2801)), or State 
                employment agencies, on behalf of the workers.
                    ``(E) Request to initiate certification.--The 
                President, or the Committee on Finance of the Senate or 
                the Committee on Ways and Means of the House of 
                Representatives (by resolution), may direct the 
                Secretary to initiate a certification process under 
                this chapter to determine the eligibility for trade 
                adjustment assistance of a group of workers.
            ``(3) Actions by governor.--
                    ``(A) Cooperating state.--Upon receipt of a 
                petition, the Governor of a cooperating State shall 
                ensure that the requirements of the agreement entered 
                into under section 222 are met.
                    ``(B) Other states.--Upon receipt of a petition, 
                the Governor of a State that has not entered into an 
                agreement under section 222 shall coordinate closely 
                with the Secretary to ensure that workers covered by a 
                petition are--
                            ``(i) provided with all available services, 
                        including rapid response activities under 
                        section 134 of the Workforce Investment Act (29 
                        U.S.C. 2864);
                            ``(ii) informed of the workers' (and 
                        individual member's of the worker's family) 
                        potential eligibility for--
                                    ``(I) medical assistance under the 
                                medicaid program established under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396a et seq.);
                                    ``(II) child health assistance 
                                under the State children's health 
                                insurance program established under 
                                title XXI of that Act (42 U.S.C. 1397aa 
                                et seq.);
                                    ``(III) child care services for 
                                which assistance is provided under the 
                                Child Care and Development Block Grant 
                                Act of 1990 (42 U.S.C. 9858 et seq.); 
                                and
                                    ``(IV) other Federal and State 
                                funded health care, child care, 
                                transportation, and assistance programs 
                                that the workers may be eligible for; 
                                and
                            ``(iii) provided with information regarding 
                        how to apply for the assistance, services, and 
                        programs described in clause (ii).
    ``(c) Actions by Secretary.--
            ``(1) In general.--As soon as possible after the date on 
        which a petition is filed under subsection (b), but not later 
        than 40 days after that date, the Secretary shall determine 
        whether the petitioning group meets the requirements of 
        subsection (a), and if warranted, shall issue a certification 
        of eligibility for trade adjustment assistance pursuant to this 
        subchapter. In making the determination, the Secretary shall 
        consult with all petitioning entities.
            ``(2) Publication of determination.--Upon making a 
        determination under paragraph (1), the Secretary shall promptly 
        publish a summary of the determination in the Federal Register 
        together with the reasons for making that determination.
            ``(3) Date specified in certification.--Each certification 
        made under this subsection shall specify the date on which the 
        total or partial separation began or threatened to begin with 
        respect to a group of certified workers.
            ``(4) Projected training needs.--The Secretary shall inform 
        the State Workforce Investment Board or equivalent agency, and 
        other public or private agencies, institutions, employers, and 
        labor organizations, as appropriate, of each certification 
        issued under section 231 and of projections, if available, of 
        the need for training under section 240 as a result of that 
        certification.
    ``(d) Scope of Certification.--
            ``(1) In general.--A certification issued under subsection 
        (c) shall cover adversely affected workers in any group that 
        meets the requirements of subsection (a), whose total or 
        partial separation occurred on or after the date on which the 
        petition was filed under subsection (b).
            ``(2) Workers separated prior to certification.--A 
        certification issued under subsection (c) shall cover adversely 
        affected workers whose total or partial separation occurred not 
        more than 1 year prior to the date on which the petition was 
        filed under subsection (b).
    ``(e) Termination of Certification.--
            ``(1) In general.--If the Secretary determines, with 
        respect to any certification of eligibility, that workers 
        separated from a firm or subdivision covered by a certification 
        of eligibility are no longer adversely affected workers, the 
        Secretary shall terminate the certification.
            ``(2) Publication of termination.--The Secretary shall 
        promptly publish notice of any termination made under paragraph 
        (1) in the Federal Register together with the reasons for 
        making that determination.
            ``(3) Application.--Any determination made under paragraph 
        (1) shall apply only to total or partial separations occurring 
        after the termination date specified by the Secretary.

``SEC. 232. BENEFIT INFORMATION TO WORKERS.

    ``(a) In General.--The Secretary shall, in accordance with the 
provisions of section 222 or 223, as appropriate, provide prompt and 
full information to adversely affected workers covered by a 
certification issued under section 231(c), including information 
regarding--
            ``(1) benefit allowances, training, and other employment 
        services available under this chapter;
            ``(2) petition and application procedures under this 
        chapter;
            ``(3) appropriate filing dates for the allowances, 
        training, and services available under this chapter; and
            ``(4) procedures for applying for and receiving all other 
        Federal benefits and services available to separated workers 
        during a period of unemployment.
    ``(b) Assistance to Groups of Workers.--
            ``(1) In general.--The Secretary shall provide any 
        necessary assistance to enable groups of workers to prepare 
        petitions or applications for program benefits.
            ``(2) Assistance from states.--The Secretary shall ensure 
        that cooperating States fully comply with the agreements 
        entered into under section 222 and shall periodically review 
        that compliance.
    ``(c) Notice.--
            ``(1) In general.--Not later that 15 days after a 
        certification is issued under section 231 (or as soon as 
        practicable after separation), the Secretary shall provide 
        written notice of the benefits available under this chapter to 
        each worker whom the Secretary has reason to believe is covered 
        by the certification.
            ``(2) Publication of notice.--The Secretary shall publish 
        notice of the benefits available under this chapter to workers 
        covered by each certification made under section 231 in 
        newspapers of general circulation in the areas in which those 
        workers reside.

                    ``Subchapter C--Program Benefits

                      ``PART I--GENERAL PROVISIONS

``SEC. 234. COMPREHENSIVE ASSISTANCE.

    ``Workers covered by a certification issued by the Secretary under 
section 231 shall be eligible for the following:
            ``(1) Trade adjustment allowances as described in sections 
        235 through 238.
            ``(2) Employment services as described in section 239.
            ``(3) Training as described in section 240.
            ``(4) Job search allowances as described in section 241.
            ``(5) Relocation allowances as described in section 242.
            ``(6) Supportive services and wage insurance as described 
        in section 243.
            ``(7) Health insurance coverage options as described in 
        title VI of the Trade Adjustment Assistance for Workers, 
        Farmers, Fishermen, Communities, and Firms Act of 2002.

                 ``PART II--TRADE ADJUSTMENT ALLOWANCES

``SEC. 235. QUALIFYING REQUIREMENTS FOR WORKERS.

    ``(a) In General.--Payment of a trade adjustment allowance shall be 
made to an adversely affected worker covered by a certification under 
section 231 who files an application for the allowance for any week of 
unemployment that begins more than 60 days after the date on which the 
petition that resulted in the certification was filed under section 
231, if the following conditions are met:
            ``(1) Time of total or partial separation from 
        employment.--The adversely affected worker's total or partial 
        separation before the worker's application under this chapter 
        occurred--
                    ``(A) on or after the date, as specified in the 
                certification under which the worker is covered, on 
                which total or partial separation from adversely 
                affected employment began or threatened to begin;
                    ``(B) before the expiration of the 2-year period 
                beginning on the date on which the certification under 
                section 231 was issued; and
                    ``(C) before the termination date (if any) 
                determined pursuant to section 231(e).
            ``(2) Employment required.--
                    ``(A) In general.--The adversely affected worker 
                had, in the 52-week period ending with the week in 
                which the total or partial separation occurred, at 
                least 26 weeks of employment at wages of $30 or more a 
                week with a single firm or subdivision of a firm.
                    ``(B) Unavailability of data.--If data with respect 
                to weeks of employment with a firm are not available, 
                the worker had equivalent amounts of employment 
                computed under regulations prescribed by the Secretary.
                    ``(C) Week of employment.--For the purposes of this 
                paragraph any week shall be treated as a week of 
                employment at wages of $30 or more, if an adversely 
                affected worker--
                            ``(i) is on employer-authorized leave for 
                        purposes of vacation, sickness, injury, or 
                        maternity, or inactive duty training or active 
                        duty for training in the Armed Forces of the 
                        United States;
                            ``(ii) does not work because of a 
                        disability that is compensable under a 
                        workmen's compensation law or plan of a State 
                        or the United States;
                            ``(iii) had employment interrupted in order 
                        to serve as a full-time representative of a 
                        labor organization in that firm or subdivision; 
                        or
                            ``(iv) is on call-up for purposes of active 
                        duty in a reserve status in the Armed Forces of 
                        the United States, provided that active duty is 
                        `Federal service' as defined in section 
                        8521(a)(1) of title 5, United States Code.
                    ``(D) Exceptions.--
                            ``(i) In the case of weeks described in 
                        clause (i) or (iii) of subparagraph (C), or 
                        both, not more than 7 weeks may be treated as 
                        weeks of employment under subparagraph (C).
                            ``(ii) In the case of weeks described in 
                        clause (ii) or (iv) of subparagraph (C), not 
                        more than 26 weeks may be treated as weeks of 
                        employment under subparagraph (C).
            ``(3) Unemployment compensation.--The adversely affected 
        worker meets all of the following requirements:
                    ``(A) Entitlement to unemployment insurance.--The 
                worker was entitled to (or would be entitled to if the 
                worker applied for) unemployment insurance for a week 
                within the benefit period--
                            ``(i) in which total or partial separation 
                        took place; or
                            ``(ii) which began (or would have begun) by 
                        reason of the filing of a claim for 
                        unemployment insurance by the worker after 
                        total or partial separation.
                    ``(B) Exhaustion of unemployment insurance.--The 
                worker has exhausted all rights to any regular State 
                unemployment insurance to which the worker was entitled 
                (or would be entitled if the worker had applied for any 
                regular State unemployment insurance).
                    ``(C) No unexpired waiting period.--The worker does 
                not have an unexpired waiting period applicable to the 
                worker for any unemployment insurance.
            ``(4) Extended unemployment compensation.--The adversely 
        affected worker, with respect to a week of unemployment, would 
        not be disqualified for extended compensation payable under the 
        Federal-State Extended Unemployment Compensation Act of 1970 
        (26 U.S.C. 3304 note) by reason of the work acceptance and job 
        search requirements in section 202(a)(3) of that Act.
            ``(5) Training.--The adversely affected worker is enrolled 
        in a training program approved by the Secretary under section 
        240(a), and the enrollment occurred not later than the latest 
        of the periods described in subparagraph (A), (B), or (C).
                    ``(A) 16 weeks.--The worker enrolled not later than 
                the last day of the 16th week after the worker's most 
recent total separation that meets the requirements of paragraphs (1) 
and (2).
                    ``(B) 8 weeks.--The worker enrolled not later than 
                the last day of the 8th week after the week in which 
                the Secretary issues a certification covering the 
                worker.
                    ``(C) Extenuating circumstances.--Notwithstanding 
                subparagraphs (A) and (B), the adversely affected 
                worker is eligible for trade adjustment assistance if 
                the worker enrolled not later than 45 days after the 
                later of the dates specified in subparagraph (A) or 
                (B), and the Secretary determines there are extenuating 
                circumstances that justify an extension in the 
                enrollment period.
    ``(b) Failure To Participate in Training.--
            ``(1) In general.--Until the adversely affected worker 
        begins or resumes participation in a training program approved 
        under section 240(a), no trade adjustment allowance may be paid 
        under subsection (a) to an adversely affected worker for any 
        week or any succeeding week in which--
                    ``(A) the Secretary determines that--
                            ``(i) the adversely affected worker--
                                    ``(I) has failed to begin 
                                participation in a training program the 
                                enrollment in which meets the 
                                requirement of subsection (a)(5); or
                                    ``(II) has ceased to participate in 
                                such a training program before 
                                completing the training program; and
                            ``(ii) there is no justifiable cause for 
                        the failure or cessation; or
                    ``(B) the waiver issued to that worker under 
                subsection (c)(1) is revoked under subsection (c)(2).
            ``(2) Exception.--The provisions of subsection (a)(5) and 
        paragraph (1) shall not apply with respect to any week of 
        unemployment that begins before the first week following the 
        week in which the certification is issued under section 231.
    ``(c) Waivers of Training Requirements.--
            ``(1) Issuance of waivers.--The Secretary may issue a 
        written statement to an adversely affected worker waiving the 
        requirement to be enrolled in training described in subsection 
        (a) if the Secretary determines that the training requirement 
        is not feasible or appropriate for the worker, because of 1 or 
        more of the following reasons:
                    ``(A) Recall.--The worker has been notified that 
                the worker will be recalled by the firm from which the 
                separation occurred.
                    ``(B) Marketable skills.--The worker has marketable 
                skills as determined pursuant to an assessment of the 
                worker, which may include the profiling system under 
                section 303(j) of the Social Security Act (42 U.S.C. 
                503(j)), carried out in accordance with guidelines 
                issued by the Secretary.
                    ``(C) Retirement.--The worker is within 2 years of 
                meeting all requirements for entitlement to either--
                            ``(i) old-age insurance benefits under 
                        title II of the Social Security Act (42 U.S.C. 
                        401 et seq.) (except for application 
                        therefore); or
                            ``(ii) a private pension sponsored by an 
                        employer or labor organization.
                    ``(D) Health.--The worker is unable to participate 
                in training due to the health of the worker, except 
                that a waiver under this subparagraph shall not be 
                construed to exempt a worker from requirements relating 
                to the availability for work, active search for work, 
                or refusal to accept work under Federal or State 
                unemployment compensation laws.
                    ``(E) Enrollment unavailable.--The first available 
                enrollment date for the approved training of the worker 
                is within 60 days after the date of the determination 
                made under this paragraph, or, if later, there are 
                extenuating circumstances for the delay in enrollment, 
                as determined pursuant to guidelines issued by the 
                Secretary.
                    ``(F) Duration.--The duration of training 
                appropriate for the worker to obtain suitable 
                employment exceeds the worker's maximum entitlement to 
                basic and additional trade adjustment allowances, and 
                financial support available through other Federal or 
                State programs, including chapter 5 of subtitle B of 
                title I of the Workforce Investment Act of 1998 (29 
                U.S.C. 2861 et seq.), that would enable the worker to 
                complete a suitable training program cannot be assured.
                    ``(G) Employment available.--There is employment 
                (which may include technical and professional 
                employment) available for the worker that offers 
                equivalent wages to those that the worker earned prior 
                to separation.
                    ``(H) No benefit.--The worker would not benefit 
                from any training, or no training that is suitable for 
                the worker is available at a reasonable cost.
                    ``(I) No reasonable expectation of employment.--
                There is no reasonable expectation of employment 
                following completion of the training.
                    ``(J) Training not available.--Training approved by 
                the Secretary is not reasonably available to the worker 
                from either governmental agencies or private sources 
                (which may include area vocational education schools, 
                as defined in section 3 of the Carl D. Perkins 
                Vocational and Technical Education Act of 1998 (20 
                U.S.C. 2302), and employers).
                    ``(K) Worker not qualified.--The worker is not 
                qualified to undertake and complete any training.
            ``(2) Duration of waivers.--
                    ``(A) In general.--A waiver issued under paragraph 
                (1) shall be effective for not more than 6 months after 
                the date on which the waiver is issued, unless the 
                Secretary determines otherwise.
                    ``(B) Revocation.--The Secretary shall revoke a 
                waiver issued under paragraph (1) if the Secretary 
                determines that the basis of a waiver is no longer 
                applicable to the worker.
            ``(3) Amendments under section 222.--
                    ``(A) Issuance by cooperating states.--Pursuant to 
                an agreement under section 222, the Secretary may 
                authorize a cooperating State to issue waivers as 
                described in paragraph (1) (except for the 
                determination under subparagraphs (F) and (G) of 
                paragraph (1)).
                    ``(B) Submission of statements.--An agreement under 
                section 222 shall include a requirement that the 
                cooperating State submit to the Secretary the written 
                statements provided under paragraph (1) and a statement 
                of the reasons for the waiver.
            ``(4) Reasonable expectation of employment.--For purposes 
        of applying subsection (c)(1)(I), a reasonable expectation of 
        employment does not require that employment opportunities for a 
        worker be available, or offered, immediately upon the 
        completion of training approved under this section.

``SEC. 236. WEEKLY AMOUNTS.

    ``(a) In General.--Subject to subsections (b) and (c), the trade 
adjustment allowance payable to an adversely affected worker for a week 
of total unemployment shall be an amount equal to the most recent 
weekly benefit amount of the unemployment insurance payable to the 
worker for a week of total unemployment preceding the worker's first 
exhaustion of unemployment insurance (as determined for purposes of 
section 235(a)(3)(B)) reduced (but not below zero) by--
            ``(1) any training allowance deductible under subsection 
        (c); and
            ``(2) any income that is deductible from unemployment 
        insurance under the disqualifying income provisions of the 
        applicable State law or Federal unemployment insurance law.
    ``(b) Adjustment for Workers Receiving Training.--
            ``(1) In general.--Any adversely affected worker who is 
        entitled to a trade adjustment allowance and who is receiving 
        training approved by the Secretary, shall receive for each week 
        in which the worker is undergoing that training, a trade 
        adjustment allowance in an amount (computed for such week) 
        equal to the greater of--
                    ``(A) the amount computed under subsection (a); or
                    ``(B) the amount of any weekly allowance for that 
                training to which the worker would be entitled under 
                any other Federal law for the training of workers, if 
                the worker applied for that allowance.
            ``(2) Allowance paid in lieu of.--Any trade adjustment 
        allowance calculated under paragraph (1) shall be paid in lieu 
        of any training allowance to which the worker would be entitled 
        under any other Federal law.
            ``(3) Coordination with unemployment insurance.--Any week 
        in which a worker undergoing training approved by the Secretary 
        receives payments from unemployment insurance shall be 
        subtracted from the total number of weeks for which a worker 
        may receive trade adjustment allowance under this chapter.
    ``(c) Adjustment for Workers Receiving Allowances Under Other 
Federal Law.--
            ``(1) Reduction in weeks for which allowance will be 
        paid.--If a training allowance under any Federal law (other 
        than this Act) is paid to an adversely affected worker for any 
        week of unemployment with respect to which the worker would be 
        entitled (determined without regard to any disqualification 
        under section 235(b)) to a trade adjustment allowance if the 
        worker applied for that allowance, each week of unemployment 
        shall be deducted from the total number of weeks of trade 
        adjustment allowance otherwise payable to that worker under 
        section 235(a) when the worker applies for a trade adjustment 
        allowance and is determined to be entitled to the allowance.
            ``(2) Payment of difference.--If the training allowance 
        paid to a worker for any week of unemployment is less than the 
        amount of the trade adjustment allowance to which the worker 
        would be entitled if the worker applied for the trade 
        adjustment allowance, the worker shall receive, when the worker 
        applies for a trade adjustment allowance and is determined to 
        be entitled to the allowance, a trade adjustment allowance for 
        that week equal to the difference between the training 
        allowance and the trade adjustment allowance computed under 
        subsection (b).

``SEC. 237. LIMITATIONS ON TRADE ADJUSTMENT ALLOWANCES.

    ``(a) Amount Payable.--The maximum amount of trade adjustment 
allowance payable to an adversely affected worker, with respect to the 
period covered by any certification, shall be the amount that is the 
product of 104 multiplied by the trade adjustment allowance payable to 
the worker for a week of total unemployment (as determined under 
section 236) reduced by the total sum of the regular State unemployment 
insurance to which the worker was entitled (or would have been entitled 
if the worker had applied for unemployment insurance) in the worker's 
first benefit period described in section 235(a)(3)(A).
    ``(b) Duration of Payments.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        trade adjustment allowance shall not be paid for any week 
        occurring after the close of the 104-week period that begins 
        with the first week following the week in which the adversely 
        affected worker was most recently totally separated--
                    ``(A) within the period that is described in 
                section 235(a)(1); and
                    ``(B) with respect to which the worker meets the 
                requirements of section 235(a)(2).
            ``(2) Special rules.--
                    ``(A) Break in training.--For purposes of this 
                chapter, a worker shall be treated as participating in 
                a training program approved by the Secretary under 
                section 240(a) during any week that is part of a break 
in a training that does not exceed 30 days if--
                            ``(i) the worker was participating in a 
                        training program approved under section 240(a) 
                        before the beginning of the break in training; 
                        and
                            ``(ii) the break is provided under the 
                        training program.
                    ``(B) On-the-job training.--No trade adjustment 
                allowance shall be paid to a worker under this chapter 
                for any week during which the worker is receiving on-
                the-job training, except that a trade adjustment 
                allowance shall be paid if a worker is enrolled in a 
                non-paid customized training program.
                    ``(C) Small business administration pilot 
                program.--An adversely affected worker who is 
                participating in a self-employment training program 
                established by the Director of the Small Business 
                Administration pursuant to section 102 of the Trade 
                Adjustment Assistance for Workers, Farmers, Fishermen, 
                Communities, and Firms Act of 2002, shall not be 
                ineligible to receive benefits under this chapter.
    ``(c) Adjustment of Amounts Payable.--Amounts payable to an 
adversely affected worker under this chapter shall be subject to 
adjustment on a week-to-week basis as may be required by section 236.
    ``(d) Year-End Adjustment.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act or any other provision of law, if the benefit year of 
        a worker ends within an extended benefit period, the number of 
        weeks of extended benefits that the worker would, but for this 
        subsection, be entitled to in that extended benefit period 
        shall not be reduced by the number of weeks for which the 
        worker was entitled, during that benefit year, to trade 
        adjustment allowances under this part.
            ``(2) Extended benefits period.--For the purpose of this 
        section the term `extended benefit period' has the same meaning 
        given that term in the Federal-State Extended Unemployment 
        Compensation Act of 1970 (26 U.S.C. 3304 note).

``SEC. 238. APPLICATION OF STATE LAWS.

    ``(a) In General.--Except where inconsistent with the provisions of 
this chapter and subject to such regulations as the Secretary may 
prescribe, the availability and disqualification provisions of the 
State law under which an adversely affected worker is entitled to 
unemployment insurance (whether or not the worker has filed a claim for 
such insurance), or, if the worker is not so entitled to unemployment 
insurance, of the State in which the worker was totally or partially 
separated, shall apply to a worker that files an application for trade 
adjustment assistance.
    ``(b) Duration of Applicability.--The State law determined to be 
applicable with respect to a separation of an adversely affected worker 
shall remain applicable for purposes of subsection (a), with respect to 
a separation until the worker becomes entitled to unemployment 
insurance under another State law (whether or not the worker has filed 
a claim for that insurance).

    ``PART III--EMPLOYMENT SERVICES, TRAINING, AND OTHER ALLOWANCES

``SEC. 239. EMPLOYMENT SERVICES.

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

``SEC. 240. TRAINING.

    ``(a) Approved Training Programs.--
            ``(1) In general.--The Secretary shall approve training 
        programs that include--
                    ``(A) on-the-job training or customized training;
                    ``(B) any employment or training activity provided 
                through a one-stop delivery system under chapter 5 of 
                subtitle B of title I of the Workforce Investment Act 
                of 1998 (29 U.S.C. 2861 et seq.);
                    ``(C) any program of adult education;
                    ``(D) any training program (other than a training 
                program described in paragraph (3)) for which all, or 
                any portion, of the costs of training the worker are 
                paid--
                            ``(i) under any Federal or State program 
                        other than this chapter; or
                            ``(ii) from any source other than this 
                        section; and
                    ``(E) any other training program that the Secretary 
                determines is acceptable to meet the needs of an 
                adversely affected worker.
        In making the determination under subparagraph (E), the 
        Secretary shall consult with interested parties.
            ``(2) Training agreements.--Before approving any training 
        to which subsection (f)(1)(C) may apply, the Secretary may 
        require that the adversely affected worker enter into an 
agreement with the Secretary under which the Secretary will not be 
required to pay under subsection (b) the portion of the costs of the 
training that the worker has reason to believe will be paid under the 
program, or by the source, described in clause (i) or (ii) of 
subsection (f)(1)(C).
            ``(3) Limitation on approvals.--The Secretary shall not 
        approve a training program if all of the following apply:
                    ``(A) Payment by plan.--Any portion of the costs of 
                the training program are paid under any nongovernmental 
                plan or program.
                    ``(B) Right to obtain.--The adversely affected 
                worker has a right to obtain training or funds for 
                training under that plan or program.
                    ``(C) Reimbursement.--The plan or program requires 
                the worker to reimburse the plan or program from funds 
                provided under this chapter, or from wages paid under 
                the training program, for any portion of the costs of 
                that training program paid under the plan or program.
    ``(b) Payment of Training Costs.--
            ``(1) In general.--Upon approval of a training program 
        under subsection (a), and subject to the limitations imposed by 
        this section, an adversely affected worker covered by a 
        certification issued under section 231 may be eligible to have 
        payment of the costs of that training, including any costs of 
        an approved training program incurred by a worker before a 
        certification was issued under section 231, made on behalf of 
        the worker by the Secretary directly or through a voucher 
        system.
            ``(2) On-the-job training and customized training.--
                    ``(A) Provision of training on the job or 
                customized training.--If the Secretary approves 
                training under subsection (a), the Secretary shall, 
                insofar as possible, provide or assure the provision of 
                that training on the job or customized training, and 
                any training on the job or customized training that is 
                approved by the Secretary under subsection (a) shall 
                include related education necessary for the acquisition 
                of skills needed for a position within a particular 
                occupation.
                    ``(B) Monthly installments.--If the Secretary 
                approves payment of any on-the-job training or 
                customized training under subsection (a), the Secretary 
                shall pay the costs of that training in equal monthly 
                installments.
                    ``(C) Limitations.--The Secretary may pay the costs 
                of on-the-job training or customized training only if--
                            ``(i) no employed worker is displaced by 
                        the adversely affected worker (including 
                        partial displacement such as a reduction in the 
                        hours of nonovertime work, wages, or employment 
                        benefits);
                            ``(ii) the training does not impair 
                        contracts for services or collective bargaining 
                        agreements;
                            ``(iii) in the case of training that would 
                        affect a collective bargaining agreement, the 
                        written concurrence of the labor organization 
                        concerned has been obtained;
                            ``(iv) no other individual is on layoff 
                        from the same, or any substantially equivalent, 
                        job for which the adversely affected worker is 
                        being trained;
                            ``(v) the employer has not terminated the 
                        employment of any regular employee or otherwise 
                        reduced the workforce of the employer with the 
                        intention of filling the vacancy so created by 
                        hiring the adversely affected worker;
                            ``(vi) the job for which the adversely 
                        affected worker is being trained is not being 
                        created in a promotional line that will 
                        infringe in any way upon the promotional 
                        opportunities of employed individuals;
                            ``(vii) the training is not for the same 
                        occupation from which the worker was separated 
                        and with respect to which the worker's group 
                        was certified pursuant to section 231;
                            ``(viii) the employer certifies to the 
                        Secretary that the employer will continue to 
                        employ the worker for at least 26 weeks after 
                        completion of the training if the worker 
                        desires to continue the employment and the 
                        employer does not have due cause to terminate 
                        the employment;
                            ``(ix) the employer has not received 
                        payment under subsection (b)(1) with respect to 
                        any other on-the-job training provided by the 
                        employer or customized training that failed to 
                        meet the requirements of clauses (i) through 
                        (vi); and
                            ``(x) the employer has not taken, at any 
                        time, any action that violated the terms of any 
                        certification described in clause (viii) made 
                        by that employer with respect to any other on-
                        the-job training provided by the employer or 
                        customized training for which the Secretary has 
                        made a payment under paragraph (1).
    ``(c) Certain Workers Eligible for Training Benefits.--An adversely 
affected worker covered by a certification issued under section 231, 
who is not qualified to receive a trade adjustment allowance under 
section 235, may be eligible to have payment of the costs of training 
made under this section, if the worker enters a training program 
approved by the Secretary not later than 6 months after the date on 
which the certification that covers the worker is issued or the 
Secretary determines that one of the following applied:
            ``(1) Funding was not available at the time at which the 
        adversely affected worker was required to enter training under 
        paragraph (1).
            ``(2) The adversely affected worker was covered by a waiver 
        issued under section 235(c).
    ``(d) Exhaustion of Unemployment Insurance Not Required.--The 
Secretary may approve training, and pay the costs thereof, for any 
adversely affected worker who is a member of a group certified under 
section 231 at any time after the date on which the group is certified, 
without regard to whether the worker has exhausted all rights to any 
unemployment insurance to which the worker is entitled.
    ``(e) Supplemental Assistance.--
            ``(1) In general.--Subject to paragraphs (2) and (3), when 
        training is provided under a training program approved by the 
        Secretary under subsection (a) in facilities that are not 
        within commuting distance of a worker's regular place of 
        residence, the Secretary may authorize supplemental assistance 
        to defray reasonable transportation and subsistence expenses 
        for separate maintenance.
            ``(2) Transportation expenses.--The Secretary may not 
        authorize payments for travel expenses exceeding the prevailing 
        mileage rate authorized under the Federal travel regulations.
            ``(3) Subsistence expenses.--The Secretary may not 
        authorize payments for subsistence that exceed the lesser of--
                    ``(A) the actual per diem expenses for subsistence 
                of the worker; or
                    ``(B) an amount equal to 50 percent of the 
                prevailing per diem allowance rate authorized under 
                Federal travel regulations.
    ``(f) Special Provisions; Limitations.--
            ``(1) Limitation on making payments.--
                    ``(A) Disallowance of other payment.--If the costs 
                of training an adversely affected worker are paid by 
                the Secretary under subsection (b), no other payment 
                for those training costs may be made under any other 
                provision of Federal law.
                    ``(B) No payment of reimbursable costs.--No payment 
                for the costs of approved training may be made under 
                subsection (b) if those costs--
                            ``(i) have already been paid under any 
                        other provision of Federal law; or
                            ``(ii) are reimbursable under any other 
                        provision of Federal law and a portion of those 
                        costs has already been paid under that other 
                        provision of Federal law.
                    ``(C) No payment of costs paid elsewhere.--The 
                Secretary is not required to pay the costs of any 
                training approved under subsection (a) to the extent 
                that those costs are paid under any Federal or State 
                program other than this chapter.
                    ``(D) Exception.--The provisions of this paragraph 
                shall not apply to, or take into account, any funds 
                provided under any other provision of Federal law that 
                are used for any purpose other than the direct payment 
                of the costs incurred in training a particular 
                adversely affected worker, even if the use of those 
                funds has the effect of indirectly paying for or 
                reducing any portion of the costs involved in training 
                the adversely affected worker.
            ``(2) Unemployment eligibility.--A worker may not be 
        determined to be ineligible or disqualified for unemployment 
        insurance or program benefits under this subchapter because the 
        individual is in training approved under subsection (a), 
        because of leaving work which is not suitable employment to 
        enter the training, or because of the application to any week 
        in training of provisions of State law or Federal unemployment 
        insurance law relating to availability for work, active search 
        for work, or refusal to accept work.
            ``(3) Definition.--For purposes of this section the term 
        `suitable employment' means, with respect to a worker, work of 
        a substantially equal or higher skill level than the worker's 
        past adversely affected employment, and wages for such work at 
        not less than 80 percent of the worker's average weekly wage.
            ``(4) Payments after reemployment.--
                    ``(A) In general.--In the case of an adversely 
                affected worker who secures reemployment, the Secretary 
                may approve and pay the costs of training (or shall 
                continue to pay the costs of training previously 
                approved) for that adversely affected worker, for the 
                completion of the training program or up to 26 weeks, 
                whichever is less, after the date the adversely 
                affected worker becomes reemployed.
                    ``(B) Trade adjustment allowance.--An adversely 
                affected worker who is reemployed and is undergoing 
                training approved by the Secretary pursuant to 
                subparagraph (A) may continue to receive a trade 
                adjustment allowance, subject to the income offsets 
                provided for in the worker's State unemployment 
                compensation law in accordance with the provisions of 
                section 237.
            ``(5) Funding.--The total amount of payments that may be 
        made under this section for any fiscal year shall not exceed 
        $300,000,000.

``SEC. 241. JOB SEARCH ALLOWANCES.

    ``(a) Job Search Allowance Authorized.--
            ``(1) In general.--An adversely affected worker covered by 
        a certification issued under section 231 may file an 
        application with the Secretary for payment of a job search 
        allowance.
            ``(2) Approval of applications.--The Secretary may grant an 
        allowance pursuant to an application filed under paragraph (1) 
        when all of the following apply:
                    ``(A) Assist adversely affected worker.--The 
                allowance is paid to assist an adversely affected 
                worker who has been totally separated in securing a job 
                within the United States.
                    ``(B) Local employment not available.--The 
                Secretary determines that the worker cannot reasonably 
                be expected to secure suitable employment in the 
                commuting area in which the worker resides.
                    ``(C) Application.--The worker has filed an 
                application for the allowance with the Secretary 
                before--
                            ``(i) the later of--
                                    ``(I) the 365th day after the date 
                                of the certification under which the 
                                worker is certified as eligible; or
                                    ``(II) the 365th day after the date 
                                of the worker's last total separation; 
                                or
                            ``(ii) the date that is the 182d day after 
                        the date on which the worker concluded 
                        training, unless the worker received a waiver 
                        under section 235(c).
    ``(b) Amount of Allowance.--
            ``(1) In general.--An allowance granted under subsection 
        (a) shall provide reimbursement to the worker of 90 percent of 
        the cost of necessary job search expenses as prescribed by the 
        Secretary in regulations.
            ``(2) Maximum allowance.--Reimbursement under this 
        subsection may not exceed $1,200 for any worker.
            ``(3) Allowance for subsistence and transportation.--
        Reimbursement under this subsection may not be made for 
        subsistence and transportation expenses at levels exceeding 
        those allowable under section 240(e).
    ``(c) Exception.--Notwithstanding subsection (b), the Secretary 
shall reimburse any adversely affected worker for necessary expenses 
incurred by the worker in participating in a job search program 
approved by the Secretary.

``SEC. 242. RELOCATION ALLOWANCES.

    ``(a) Relocation Allowance Authorized.--
            ``(1) In general.--Any adversely affected worker covered by 
        a certification issued under section 231 may file an 
        application for a relocation allowance with the Secretary, and 
        the Secretary may grant the relocation allowance, subject to 
        the terms and conditions of this section.
            ``(2) Conditions for granting allowance.--A relocation 
        allowance may be granted if all of the following terms and 
        conditions are met:
                    ``(A) Assist an adversely affected worker.--The 
                relocation allowance will assist an adversely affected 
                worker in relocating within the United States.
                    ``(B) Local employment not available.--The 
                Secretary determines that the worker cannot reasonably 
                be expected to secure suitable employment in the 
                commuting area in which the worker resides.
                    ``(C) Total separation.--The worker is totally 
                separated from employment at the time relocation 
                commences.
                    ``(D) Suitable employment obtained.--The worker--
                            ``(i) has obtained suitable employment 
                        affording a reasonable expectation of long-term 
                        duration in the area in which the worker wishes 
                        to relocate; or
                            ``(ii) has obtained a bona fide offer of 
                        such employment.
                    ``(E) Application.--The worker filed an application 
                with the Secretary before--
                            ``(i) the later of--
                                    ``(I) the 425th day after the date 
                                of the certification under section 231; 
                                or
                                    ``(II) the 425th day after the date 
                                of the worker's last total separation; 
                                or
                            ``(ii) the date that is the 182d day after 
                        the date on which the worker concluded 
                        training, unless the worker received a waiver 
                        under section 235(c).
    ``(b) Amount of Allowance.--The relocation allowance granted to a 
worker under subsection (a) includes--
            ``(1) 90 percent of the reasonable and necessary expenses 
        (including, but not limited to, subsistence and transportation 
        expenses at levels not exceeding those allowable under section 
        240(e)) specified in regulations prescribed by the Secretary, 
        incurred in transporting the worker, the worker's family, and 
        household effects; and
            ``(2) a lump sum equivalent to 3 times the worker's average 
        weekly wage, up to a maximum payment of $1,500.
    ``(c) Limitations.--A relocation allowance may not be granted to a 
worker unless--
            ``(1) the relocation occurs within 182 days after the 
        filing of the application for relocation assistance; or
            ``(2) the relocation occurs within 182 days after the 
        conclusion of training, if the worker entered a training 
        program approved by the Secretary under section 240(a).

``SEC. 243. SUPPORTIVE SERVICES; WAGE INSURANCE.

    ``(a) Supportive Services.--
            ``(1) Application.--
                    ``(A) In general.--The State may, on behalf of any 
                adversely affected worker or group of workers covered 
                by a certification issued under section 231--
                            ``(i) file an application with the 
                        Secretary for services under section 173 of the 
                        Workforce Investment Act of 1998 (relating to 
                        National Emergency Grants); and
                            ``(ii) provide other services under title I 
                        of the Workforce Investment Act of 1998.
                    ``(B) Services.--The services available under this 
                paragraph include transportation, child care, and 
                dependent care that are necessary to enable a worker to 
                participate in activities authorized under this 
                chapter.
            ``(2) Conditions.--The Secretary may approve an application 
        filed under paragraph (1)(A)(i) and provide supportive services 
        to an adversely affected worker only if the Secretary 
        determines that all of the following apply:
                    ``(A) Necessity.--Providing services is necessary 
                to enable the worker to participate in or complete 
                training.
                    ``(B) Consistent with workforce investment act.--
                The services are consistent with the supportive 
                services provided to participants under the provisions 
                relating to dislocated worker employment and training 
                activities set forth in chapter 5 of subtitle B of 
                title I of the Workforce Investment Act of 1998 (29 
                U.S.C. 2861 et seq.).
    ``(b) Wage Insurance Program.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Trade Adjustment Assistance for Workers, 
        Farmers, Fishermen, Communities, and Firms Act of 2002, the 
Secretary shall establish a Wage Insurance Program under which a State 
shall use the funds provided to the State for trade adjustment 
allowances to pay to an adversely affected worker certified under 
section 231 a wage subsidy of up to 50 percent of the difference 
between the wages received by the adversely affected worker from 
reemployment and the wages received by the adversely affected worker at 
the time of separation for a period not to exceed 2 years.
            ``(2) Amount of payment.--
                    ``(A) Wages under $40,000.--If the wages the worker 
                receives from reemployment are less than $40,000 a 
                year, the wage subsidy shall be 50 percent of the 
                difference between the amount of the wages received by 
                the worker from reemployment and the amount of the 
                wages received by the worker at the time of separation.
                    ``(B) Wages between $40,000 and $50,000.--If the 
                wages received by the worker from reemployment are 
                greater than $40,000 a year but less than $50,000 a 
                year, the wage subsidy shall be 25 percent of the 
                difference between the amount of the wages received by 
                the worker from reemployment and the amount of the 
                wages received by the worker at the time of separation.
            ``(3) Eligibility.--An adversely affected worker may be 
        eligible to receive a wage subsidy under this subsection if the 
        worker--
                    ``(A) enrolls in the Wage Insurance Program;
                    ``(B) obtains reemployment not more than 26 weeks 
                after the date of separation from the adversely 
                affected employment;
                    ``(C) is at least 50 years of age;
                    ``(D) earns not more than $50,000 a year in wages 
                from reemployment;
                    ``(E) is employed at least 30 hours a week in the 
                reemployment; and
                    ``(F) does not return to the employment from which 
                the worker was separated.
            ``(4) Amount of payments.--The payments made under 
        paragraph (1) to an adversely affected worker may not exceed 
        $10,000 over the 2-year period.
            ``(5) Limitation on other benefits.--At the time a worker 
        begins to receive a wage subsidy under this subsection the 
        worker shall not be eligible to receive any benefits under this 
        Act other than the wage subsidy unless the Secretary 
        determines, pursuant to standards established by the Secretary, 
        that the worker has shown circumstances that warrant 
        eligibility for training benefits under section 240.
    ``(c) Studies of Assistance Available to Economically Distressed 
Workers.--
            ``(1) Study by the general accounting office.--
                    ``(A) In general.--The Comptroller General of the 
                United States shall conduct a study of all assistance 
                provided by the Federal Government for workers facing 
                job loss and economic distress.
                    ``(B) Report.--Not later than 1 year after the date 
                of enactment of the Trade Adjustment Assistance for 
                Workers, Farmers, Fishermen, Communities, and Firms Act 
                of 2002, the Comptroller General shall submit to the 
                Committee on Finance of the Senate and the Committee on 
                Ways and Means of the House of Representatives a report 
                on the study conducted under subparagraph (A). The 
                report shall include a description of--
                            ``(i) all Federal programs designed to 
                        assist workers facing job loss and economic 
                        distress, including all benefits and services;
                            ``(ii) eligibility requirements for each of 
                        the programs; and
                            ``(iii) procedures for applying for and 
                        receiving benefits and services under each of 
                        the programs.
                    ``(C) Distribution of gao report.--The report 
                described in subparagraph (B) shall be distributed to 
                all one-stop partners authorized under the Workforce 
                Investment Act of 1998.
            ``(2) Studies by the states.--
                    ``(A) In general.--Each State may conduct a study 
                of its assistance programs for workers facing job loss 
                and economic distress.
                    ``(B) Grants.--The Secretary may award to each 
                State a grant, not to exceed $50,000, to enable the 
                State to conduct the study described in subparagraph 
                (A). Each study shall be undertaken in consultation 
                with affected parties.
                    ``(C) Report.--Not later than 1 year after the date 
                of the grant, each State that receives a grant under 
                subparagraph (B) shall submit to the Committee on 
                Finance of the Senate and the Committee on Ways and 
                Means of the House of Representatives the report 
                described in subparagraph (A).
                    ``(D) Distribution of state reports.--A report 
                prepared by a State under this paragraph shall be 
                distributed to all the one-stop partners in the State.

           ``Subchapter D--Payment and Enforcement Provisions

``SEC. 244. PAYMENTS TO STATES.

    ``(a) In General.--The Secretary, from time to time, shall certify 
to the Secretary of the Treasury for payment to each cooperating State, 
the sums necessary to enable that State as agent of the United States 
to make payments provided for by this chapter.
    ``(b) Limitation on Use of Funds.--
            ``(1) In general.--All money paid to a cooperating State 
        under this section shall be used solely for the purposes for 
        which it is paid.
            ``(2) Return of funds not so used.--Money paid that is not 
        used for the purpose for which it is paid under subsection (a) 
        shall be returned to the Secretary of the Treasury at the time 
        specified in the agreement entered into under section 222.
    ``(c) Surety Bond.--Any agreement under section 222 may require any 
officer or employee of the cooperating State certifying payments or 
disbursing funds under the agreement or otherwise participating in the 
performance of the agreement, to give a surety bond to the United 
States in an amount the Secretary deems necessary, and may provide for 
the payment of the cost of that bond from funds for carrying out the 
purposes of this chapter.

``SEC. 245. LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS.

    ``(a) Liability of Certifying Officials.--No person designated by 
the Secretary, or designated pursuant to an agreement entered into 
under section 222, as a certifying officer, in the absence of gross 
negligence or intent to defraud the United States, shall be liable with 
respect to any payment certified by that person under this chapter.
    ``(b) Liability of Disbursing Officers.--No disbursing officer, in 
the absence of gross negligence or intent to defraud the United States, 
shall be liable with respect to any payment by that officer under this 
chapter if the payment was based on a voucher signed by a certifying 
officer designated according to subsection (a).

``SEC. 246. FRAUD AND RECOVERY OF OVERPAYMENTS.

    ``(a) In General.--
            ``(1) Overpayment.--If a cooperating State, the Secretary, 
        or a court of competent jurisdiction determines that any person 
        has received any payment under this chapter to which the person 
        was not entitled, including a payment referred to in subsection 
        (b), that person shall be liable to repay that amount to the 
        cooperating State or the Secretary, as the case may be.
            ``(2) Exception.--The cooperating State or the Secretary 
        may waive repayment if the cooperating State or the Secretary 
        determines, in accordance with guidelines prescribed by the 
        Secretary, that all of the following apply:
                    ``(A) No fault.--The payment was made without fault 
                on the part of the person.
                    ``(B) Repayment contrary to equity.--Requiring 
                repayment would be contrary to equity and good 
                conscience.
            ``(3) Procedure for recovery.--
                    ``(A) Recovery from other allowances authorized.--
                Unless an overpayment is otherwise recovered or waived 
                under paragraph (2), the cooperating State or the 
                Secretary shall recover the overpayment by deductions 
                from any sums payable to that person under this 
                chapter, under any Federal unemployment compensation 
                law administered by the cooperating State or the 
                Secretary, or under any other Federal law administered 
                by the cooperating State or the Secretary that provides 
                for the payment of assistance or an allowance with 
                respect to unemployment.
                    ``(B) Recovery from state allowances authorized.--
                Notwithstanding any other provision of Federal or State 
                law, the Secretary may require a cooperating State to 
                recover any overpayment under this chapter by deduction 
                from any unemployment insurance payable to that person 
                under State law, except that no single deduction under 
                this paragraph shall exceed 50 percent of the amount 
                otherwise payable.
    ``(b) Ineligibility for Further Payments.--Any person, in addition 
to any other penalty provided by law, shall be ineligible for any 
further payments under this chapter if a cooperating State, the 
Secretary, or a court of competent jurisdiction determines that one of 
the following applies:
            ``(1) False statement.--The person knowingly made, or 
        caused another to make, a false statement or representation of 
        a material fact, and as a result of the false statement or 
        representation, the person received any payment under this 
        chapter to which the person was not entitled.
            ``(2) Failure to disclose.--The person knowingly failed, or 
        caused another to fail, to disclose a material fact, and as a 
        result of the nondisclosure, the person received any payment 
        under this chapter to which the person was not entitled.
    ``(c) Hearing.--Except for overpayments determined by a court of 
competent jurisdiction, no repayment may be required, and no deduction 
may be made, under this section until a determination under subsection 
(a) by the cooperating State or the Secretary, as the case may be, has 
been made, notice of the determination and an opportunity for a fair 
hearing has been given to the person concerned, and the determination 
has become final.
    ``(d) Recovered Funds.--Any amount recovered under this section 
shall be returned to the Treasury of the United States.

``SEC. 247. CRIMINAL PENALTIES.

    ``Whoever makes a false statement of a material fact knowing it to 
be false, or knowingly fails to disclose a material fact, for the 
purpose of obtaining or increasing for that person or for any other 
person any payment authorized to be furnished under this chapter or 
pursuant to an agreement under section 222 shall be fined not more than 
$10,000, imprisoned for not more than 1 year, or both.

``SEC. 248. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 249. REGULATIONS.

    ``The Secretary shall prescribe such regulations as may be 
necessary to carry out the provisions of this chapter.

``SEC. 250. SUBPOENA POWER.

    ``(a) In General.--The Secretary may require by subpoena the 
attendance of witnesses and the production of evidence necessary to 
make a determination under the provisions of this chapter.
    ``(b) Court Order.--If a person refuses to obey a subpoena issued 
under subsection (a), a competent United States district court, upon 
petition by the Secretary, may issue an order requiring compliance with 
such subpoena.''.

SEC. 102. DISPLACED WORKER SELF-EMPLOYMENT TRAINING PILOT PROGRAM.

    (a) Establishment.--Not later than 6 months after the date of 
enactment of this Act, the Administrator of the Small Business 
Administration (in this section referred to as the ``Administrator'') 
shall establish a self-employment training program (in this section 
referred to as the ``Program'') for adversely affected workers (as 
defined in chapter 2 of title II of the Trade Act of 1974), to be 
administered by the Small Business Administration.
    (b) Eligibility for Assistance.--If an adversely affected worker 
seeks or receives assistance through the Program, such action shall not 
affect the eligibility of that worker to receive benefits under chapter 
2 of title II of the Trade Act of 1974.
    (c) Training Assistance.--The Program shall include, at a minimum, 
training in--
            (1) pre-business startup planning;
            (2) awareness of basic credit practices and credit 
        requirements; and
            (3) developing business plans, financial packages, and 
        credit applications.
    (d) Outreach.--The Program should include outreach to adversely 
affected workers and counseling and lending partners of the Small 
Business Administration.
    (e) Reports to Congress.--Beginning not later than 180 days after 
the date of enactment of this Act, the Administrator shall submit 
quarterly reports to the Committee on Small Business and 
Entrepreneurship of the Senate and the Committee on Small Business of 
the House of Representatives regarding the implementation of the 
Program, including Program delivery, staffing, and administrative 
expenses related to such implementation.
    (f) Guidelines.--Not later than 180 days after the date of 
enactment of this Act, the Administrator, shall issue such guidelines 
as the Administrator determines to be necessary to carry out the 
Program.
    (g) Effective Date.--The Program shall terminate 3 years after the 
date of final publication of guidelines under subsection (f).

            TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

SEC. 201. REAUTHORIZATION OF PROGRAM.

    (a) In General.--Section 256(b) of chapter 3 of title II of the 
Trade Act of 1974 (19 U.S.C. 2346(b)) is amended to read as follows:
    ``(b) There are authorized to be appropriated to the Secretary 
$16,000,000 for each of fiscal years 2002 through 2006, to carry out 
the Secretary's functions under this chapter in connection with 
furnishing adjustment assistance to firms. Amounts appropriated under 
this subsection shall remain available until expended.''.
    (b) Eligibility Criteria.--Section 251(c) of chapter 3 of title II 
of the Trade Act of 1974 (19 U.S.C. 2341(c)(1)) is amended--
            (1) in paragraph (1), by striking subparagraphs (B) and (C) 
        and inserting the following:
            ``(B) increases in value or volume of imports of articles 
        like or directly competitive with articles which are produced 
        by such firm contributed importantly to such total or partial 
        separation, or threat thereof, or
            ``(C) a shift in production by the workers' firm or 
        subdivision to a foreign country of articles like or directly 
        competitive with articles which are produced by that firm or 
        subdivision contributed importantly to the workers' separation 
        or threat of separation.''; and
            (2) in paragraph (2), by striking ``paragraph (1)(C)'' and 
        inserting ``subparagraphs (B) and (C) of paragraph (1)''.

         TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

SEC. 301. PURPOSE.

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

SEC. 302. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

    Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et 
seq.) is amended to read as follows:

               ``CHAPTER 4--COMMUNITY ECONOMIC ADJUSTMENT

``SEC. 271. DEFINITIONS.

    ``In this chapter:
            ``(1) Civilian labor force.--The term `civilian labor 
        force' has the meaning given that term in regulations 
        prescribed by the Secretary of Labor.
            ``(2) Community.--The term `community' means a county or 
        equivalent political subdivision of a State.
                    ``(A) Rural community.--The term `rural community' 
                means a community that has a rural-urban continuum code 
                of 4 through 9.
                    ``(B) Urban community.--The term `urban community' 
                means a community that has a rural-urban continuum code 
                of 0 through 3.
            ``(3) Community economic development coordinating 
        committee.--The term `Community Economic Development 
        Coordinating Committee' means a community group established 
        under section 274 that consists of major groups significantly 
        affected by an increase in imports or a shift in production, 
        including local, regional, tribal, and State governments, 
        regional councils of governments and economic development, and 
        business, labor, education, health, religious, and other 
        community-based organizations.
            ``(4) Director.--The term `Director' means the Director of 
        the Office of Community Trade Adjustment.
            ``(5) Eligible community.--The term `eligible community' 
        means a community certified under section 273 as eligible for 
        assistance under this chapter.
            ``(6) Job loss.--The term `job loss' means the total or 
        partial separation of an individual, as those terms are defined 
        in section 221.
            ``(7) Office.--The term `Office' means the Office of 
        Community Trade Adjustment established under section 272.
            ``(8) Rural-urban continuum code.--The term `rural-urban 
        continuum code' means a code assigned to a community according 
        to the rural-urban continuum code system, as defined by the 
Economic Research Service of the Department of Agriculture.
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Commerce.

``SEC. 272. OFFICE OF COMMUNITY TRADE ADJUSTMENT.

    ``(a) Establishment.--Within 6 months of the date of enactment of 
the Trade Adjustment Assistance for Workers, Farmers, Fishermen, 
Communities, and Firms Act of 2002, there shall be established in the 
Economic Development Administration of the Department of Commerce an 
Office of Community Trade Adjustment.
    ``(b) Personnel.--The Office shall be headed by a Director, and 
shall have such staff as may be necessary to carry out the 
responsibilities described in this chapter.
    ``(c) Coordination of Federal Response.--The Office shall--
            ``(1) provide leadership, support, and coordination for a 
        comprehensive management program to address economic 
        dislocation in eligible communities;
            ``(2) establish an easily accessible, one-stop 
        clearinghouse for States and eligible communities to obtain 
        information regarding economic development assistance available 
        under Federal law;
            ``(3) coordinate the Federal response to an eligible 
        community--
                    ``(A) by identifying all Federal, State, and local 
                resources that are available to assist the eligible 
                community in recovering from economic distress;
                    ``(B) by ensuring that all Federal agencies 
                offering assistance to an eligible community do so in a 
                targeted, integrated manner that ensures that an 
                eligible community has access to all available Federal 
                assistance;
                    ``(C) by assuring timely consultation and 
                cooperation between Federal, State, and regional 
                officials concerning community economic adjustment;
                    ``(D) by identifying and strengthening existing 
                agency mechanisms designed to assist communities in 
                economic adjustment and workforce reemployment;
                    ``(E) by applying consistent policies, practices, 
                and procedures in the administration of Federal 
                programs that are used to assist communities adversely 
                impacted by an increase in imports or a shift in 
                production;
                    ``(F) by creating, maintaining, and using a uniform 
                economic database to analyze community adjustment 
                activities; and
                    ``(G) by assigning a community economic adjustment 
                advisor to work with each eligible community;
            ``(4) provide comprehensive technical assistance to any 
        eligible community in the efforts of that community to--
                    ``(A) identify serious economic problems in the 
                community that result from an increase in imports or 
                shift in production;
                    ``(B) integrate the major groups and organizations 
                significantly affected by the economic adjustment;
                    ``(C) organize a Community Economic Development 
                Coordinating Committee;
                    ``(D) access Federal, State, and local resources 
                designed to assist in economic development and trade 
                adjustment assistance;
                    ``(E) diversify and strengthen the community 
                economy; and
                    ``(F) develop a community-based strategic plan to 
                address workforce dislocation and economic development;
            ``(5) establish specific criteria for submission and 
        evaluation of a strategic plan submitted under section 276(d);
            ``(6) administer the grant programs established under 
        sections 276 and 277; and
            ``(7) establish an interagency Trade Adjustment Assistance 
        Working Group, consisting of the representatives of any Federal 
        department or agency with responsibility for economic 
        adjustment assistance, including the Department of Agriculture, 
        the Department of Defense, the Department of Education, the 
        Department of Labor, the Department of Housing and Urban 
        Development, the Department of Health and Human Services, the 
        Small Business Administration, the Department of the Treasury, 
        the Department of Commerce, the Office of the United States 
        Trade Representative, and the National Economic Council.
    ``(d) Working Group.--The working group established under 
subsection (c)(7) shall examine other options for addressing trade 
impacts on communities, such as:
            ``(1) Seeking legislative language directing the Foreign 
        Trade Zone (`FTZ') Board to expedite consideration of FTZ 
        applications from communities or businesses that have been 
        found eligible for trade adjustment assistance.
            ``(2) Seeking legislative language to make new markets tax 
        credits available in communities impacted by trade.
            ``(3) Seeking legislative language to make work opportunity 
        tax credits available for hiring unemployed workers who are 
        certified eligible for trade adjustment assistance.
            ``(4) Examining ways to assist trade impacted rural 
        communities and industries take advantage of the Department of 
        Agriculture's rural development program.

``SEC. 273. NOTIFICATION AND CERTIFICATION AS AN ELIGIBLE COMMUNITY.

    ``(a) Notification.--The Secretary of Labor, not later than 15 days 
after making a determination that a group of workers is eligible for 
trade adjustment assistance under section 231, shall notify the 
Governor of the State in which the community in which the worker's firm 
is located and the Director, of the Secretary's determination.
    ``(b) Certification.--Not later than 30 days after notification by 
the Secretary of Labor described in subsection (a), the Director shall 
certify as eligible for assistance under this chapter a community in 
which 1 of the following conditions applies:
            ``(1) Number of job losses.--The Director shall certify 
        that a community is eligible for assistance under this chapter 
        if--
                    ``(A) in an urban community, at least 500 workers 
                have been certified for assistance under section 231 in 
                the most recent 36-month period preceding the date of 
                certification under this section for which data are 
                available; or
                    ``(B) in a rural community, at least 300 workers 
                have been certified for assistance under section 231 in 
                the most recent 36-month period preceding the date of 
                certification under this section for which data are 
                available.
            ``(2) Percent of workforce unemployed.--The Director shall 
        certify that a community is eligible for assistance under this 
        chapter if the unemployment rate for the community is at least 
        1 percent greater than the national unemployment rate for the 
        most recent 12-month period for which data are available.
    ``(c) Notification to Eligible Communities.--Not later than 15 days 
after the Director certifies a community as eligible under subsection 
(b), the Director shall notify the community--
            ``(1) of its determination under subsection (b);
            ``(2) of the provisions of this chapter;
            ``(3) how to access the clearinghouse established under 
        section 272(c)(2); and
            ``(4) how to obtain technical assistance provided under 
        section 272(c)(4).

``SEC. 274. COMMUNITY ECONOMIC DEVELOPMENT COORDINATING COMMITTEE.

    ``(a) Establishment.--In order to apply for and receive benefits 
under this chapter, an eligible community shall establish a Community 
Economic Development Coordinating Committee certified by the Director 
as meeting the requirements of subsection (b)(1).
    ``(b) Composition of the Committee.--
            ``(1) Local participation.--The Community Economic 
        Development Coordinating Committee established by an eligible 
        community under subsection (a) shall include representatives of 
        those groups significantly affected by economic dislocation, 
        such as local, regional, tribal, and State governments, 
        regional councils of governments and economic development, 
        business, labor, education, health organizations, religious, 
        and other community-based groups providing assistance to 
        workers, their families, and communities.
            ``(2) Federal participation.--Pursuant to section 
        275(b)(3), the community economic adjustment advisor, assigned 
        by the Director to assist an eligible community, shall serve as 
        an ex officio member of the Community Economic Development 
        Coordinating Committee, and shall arrange for participation by 
        representatives of other Federal agencies on that Committee as 
        necessary.
            ``(3) Existing organization.--An eligible community may 
        designate an existing organization in that community as the 
        Community Economic Development Coordinating Committee if that 
        organization meets the requirements of paragraph (1) for the 
        purposes of this chapter.
    ``(c) Duties.--The Community Economic Development Coordinating 
Committee shall--
            ``(1) ascertain the severity of the community economic 
        adjustment required as a result of the increase in imports or 
        shift in production;
            ``(2) assess the capacity of the community to respond to 
        the required economic adjustment and the needs of the community 
        as it undertakes economic adjustment, taking into consideration 
        such factors as the number of jobs lost, the size of the 
        community, the diversity of industries, the skills of the labor 
        force, the condition of the current labor market, the 
        availability of financial resources, the quality and 
        availability of educational facilities, the adequacy and 
        availability of public services, and the existence of a basic 
        and advanced infrastructure in the community;
            ``(3) facilitate a dialogue between concerned interests in 
        the community, represent the impacted community, and ensure all 
        interests in the community work collaboratively toward 
        collective goals without duplication of effort or resources;
            ``(4) oversee the development of a strategic plan for 
        community economic development, taking into consideration the 
        factors mentioned under paragraph (2), and consistent with the 
        criteria established by the Secretary for the strategic plan 
        developed under section 276;
            ``(5) create an executive council of members of the 
        Community Economic Development Coordinating Committee to 
        promote the strategic plan within the community and ensure 
        coordination and cooperation among all stakeholders; and
            ``(6) apply for any grant, loan, or loan guarantee 
        available under Federal law to develop or implement the 
        strategic plan, and be an eligible recipient for funding for 
        economic adjustment for that community.

``SEC. 275. COMMUNITY ECONOMIC ADJUSTMENT ADVISORS.

    ``(a) In General.--Pursuant to section 272(c)(3)(G), the Director 
shall assign a community economic adjustment advisor to each eligible 
community.
    ``(b) Duties.--The community economic adjustment advisor shall--
            ``(1) provide technical assistance to the eligible 
        community, assist in the development and implementation of a 
        strategic plan, including applying for any grant available 
        under this or any other Federal law to develop or implement 
        that plan;
            ``(2) at the local and regional level, coordinate the 
        response of all Federal agencies offering assistance to the 
        eligible community;
            ``(3) serve as an ex officio member of the Community 
        Economic Development Coordinating Committee established by an 
        eligible community under section 274;
            ``(4) act as liaison between the Community Economic 
        Development Coordinating Committee established by the eligible 
        community and all other Federal agencies that offer assistance 
        to eligible communities, including the Department of 
        Agriculture, the Department of Defense, the Department of 
        Education, the Department of Labor, the Department of 
Housing and Urban Development, the Department of Health and Human 
Services, the Small Business Administration, the Department of the 
Treasury, the National Economic Council, and other offices or agencies 
of the Department of Commerce;
            ``(5) report regularly to the Director regarding the 
        progress of development activities in the community to which 
        the community economic adjustment advisor is assigned; and
            ``(6) perform other duties as directed by the Secretary or 
        the Director.

``SEC. 276. STRATEGIC PLANS.

    ``(a) In General.--With the assistance of the community economic 
adjustment advisor, an eligible community may develop a strategic plan 
for community economic adjustment and diversification.
    ``(b) Requirements for Strategic Plan.--A strategic plan shall 
contain, at a minimum, the following:
            ``(1) A description and justification of the capacity for 
        economic adjustment, including the method of financing to be 
        used, the anticipated management structure of the Community 
        Economic Development Coordinating Committee, and the commitment 
        of the community to the strategic plan over the long term.
            ``(2) A description of, and a plan to accomplish, the 
        projects to be undertaken by the eligible community.
            ``(3) A description of how the plan and the projects to be 
        undertaken by the eligible community will lead to job creation 
        and job retention in the community.
            ``(4) A description of any alternative development plans 
        that were considered, particularly less costly alternatives, 
        and why those plans were rejected in favor of the proposed 
        plan.
            ``(5) A description of any additional steps the eligible 
        community will take to achieve economic adjustment and 
        diversification, including how the plan and the projects will 
        contribute to establishing or maintaining a level of public 
        services necessary to attract and retain economic investment.
            ``(6) A description and justification for the cost and 
        timing of proposed basic and advanced infrastructure 
        improvements in the eligible community.
            ``(7) A description of the occupational and workforce 
        conditions in the eligible community, including but not limited 
        to existing levels of workforce skills and competencies, and 
        educational programs available for workforce training and 
        future employment needs.
            ``(8) A description of how the plan will adapt to changing 
        markets, business cycles, and other variables.
            ``(9) A graduation strategy through which the eligible 
        community demonstrates that the community will terminate the 
        need for Federal assistance.
    ``(c) Grants To Develop Strategic Plans.--
            ``(1) In general.--The Director, upon receipt of an 
        application from a Community Economic Development Coordinating 
        Committee on behalf of an eligible community, shall award a 
        grant to that community to be used to develop the strategic 
        plan.
            ``(2) Amount.--The amount of a grant made under paragraph 
        (1) shall be determined by the Secretary, but may not exceed 
        $50,000 to each community.
            ``(3) Limit.--Each community can only receive 1 grant under 
        this subsection for the purpose of developing a strategic plan 
        in any 5-year period.
    ``(d) Submission of Plan.--A strategic plan developed under 
subsection (a) shall be submitted to the Director for evaluation and 
approval.

``SEC. 277. GRANTS FOR ECONOMIC DEVELOPMENT.

    ``The Director, upon receipt of an application from the Community 
Economic Development Coordinating Committee on behalf of an eligible 
community, may award a grant to that community to carry out any project 
or program included in the strategic plan approved under section 276(d) 
that--
            ``(1) will be located in, or will create or preserve high-
        wage jobs, in that eligible community; and
            ``(2) implements the strategy of that eligible community to 
        create high-wage jobs in sectors that are expected to expand, 
        including projects that--
                    ``(A) encourage industries to locate in that 
                eligible community, if such funds are not used to 
                encourage the relocation of any employer in a manner 
                that causes the dislocation of employees of that 
                employer at another facility in the United States;
                    ``(B) leverage resources to create or improve 
                Internet or telecommunications capabilities to make the 
                community more attractive for business;
                    ``(C) establish a funding pool for job creation 
                through entrepreneurial activities;
                    ``(D) assist existing firms in that community to 
                restructure or retool to become more competitive in 
                world markets and prevent job loss; or
                    ``(E) assist the community in acquiring the 
                resources and providing the level of public services 
                necessary to meet the objectives set out in the 
                strategic plan.

``SEC. 278. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 279. GENERAL PROVISIONS.

    ``(a) Report by the Director.--Not later than 6 months after the 
date of enactment of the Trade Adjustment Assistance for Workers, 
Farmers, Fishermen, Communities, and Firms Act of 2002, and annually 
thereafter, the Director shall submit to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives a report regarding the programs established under this 
title.
    ``(b) Regulations.--The Secretary shall prescribe such regulations 
as are necessary to carry out the provisions of this chapter.
    ``(c) Supplement Not Supplant.--Funds appropriated under this 
chapter shall be used to supplement and not supplant other Federal, 
State, and local public funds expended to provide economic development 
assistance for communities.''.

           TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

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

             ``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS

``SEC. 291. DEFINITIONS.

    ``In this chapter:
            ``(1) Agricultural commodity.--The term `agricultural 
        commodity' means any agricultural commodity (including 
        livestock), except fish as defined in section 299(1) of this 
        Act, in its raw or natural state.
            ``(2) Agricultural commodity producer.--The term 
        `agricultural commodity producer' means any person who is 
        engaged in the production and sale of an agricultural commodity 
        in the United States and who owns or shares the ownership and 
        risk of loss of the agricultural commodity, except any person 
        described in section 299(2) of this Act.
            ``(3) Contributed importantly.--
                    ``(A) In general.--The term `contributed 
                importantly' means a cause which is important but not 
                necessarily more important than any other cause.
                    ``(B) Determination of contributed importantly.--
                The determination of whether imports of articles like 
                or directly competitive with an agricultural commodity 
                with respect to which a petition under this chapter was 
                filed contributed importantly to a decline in the price 
                of the agricultural commodity shall be made by the 
                Secretary.
            ``(4) Duly authorized representative.--The term `duly 
        authorized representative' means an association of agricultural 
        commodity producers.
            ``(5) National average price.--The term `national average 
        price' means the national average price paid to an agricultural 
        commodity producer for an agricultural commodity in a marketing 
        year as determined by the Secretary.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.

``SEC. 292. PETITIONS; GROUP ELIGIBILITY.

    ``(a) In General.--A petition for a certification of eligibility to 
apply for adjustment assistance under this chapter may be filed with 
the Secretary by a group of agricultural commodity producers or by 
their duly authorized representative. Upon receipt of the petition, the 
Secretary shall promptly publish notice in the Federal Register that 
the Secretary has received the petition and initiated an investigation.
    ``(b) Hearings.--If the petitioner, or any other person found by 
the Secretary to have a substantial interest in the proceedings, 
submits not later than 10 days after the date of the Secretary's 
publication under subsection (a) a request for a hearing, the Secretary 
shall provide for a public hearing and afford such interested person an 
opportunity to be present, to produce evidence, and to be heard.
    ``(c) Group Eligibility Requirements.--The Secretary shall certify 
a group of agricultural commodity producers as eligible to apply for 
adjustment assistance under this chapter if the Secretary determines--
            ``(1) that the national average price for the agricultural 
        commodity, or a class of goods within the agricultural 
        commodity, produced by the group for the most recent marketing 
        year for which the national average price is available is less 
        than 80 percent of the average of the national average price 
        for such agricultural commodity, or such class of goods, for 
        the 5 marketing years preceding the most recent marketing year; 
        and
            ``(2) that increases in imports of articles like or 
        directly competitive with the agricultural commodity, or class 
        of goods within the agricultural commodity, produced by the 
        group contributed importantly to the decline in price described 
        in paragraph (1).
    ``(d) Special Rule for Qualified Subsequent Years.--A group of 
agricultural commodity producers certified as eligible under section 
293 shall be eligible to apply for assistance under this chapter in any 
qualified year after the year the group is first certified, if the 
Secretary determines that--
            ``(1) the national average price for the agricultural 
        commodity, or class of goods within the agricultural commodity, 
        produced by the group for the most recent marketing year for 
        which the national average price is available is equal to or 
        less than the price determined under subsection (c)(1); and
            ``(2) the requirements of subsection (c)(2) are met.
    ``(e) Determination of Qualified Year and Commodity.--In this 
chapter:
            ``(1) Qualified year.--The term `qualified year', with 
        respect to a group of agricultural commodity producers 
        certified as eligible under section 293, means each consecutive 
        year after the year in which the group is certified that the 
        Secretary makes the determination under subsection (c) or (d), 
        as the case may be.
            ``(2) Classes of goods within a commodity.--In any case in 
        which there are separate classes of goods within an 
        agricultural commodity, the Secretary shall treat each class as 
        a separate commodity in determining group eligibility, the 
        national average price, and level of imports under this section 
        and section 296.

``SEC. 293. DETERMINATIONS BY SECRETARY OF AGRICULTURE.

    ``(a) In General.--As soon as practicable after the date on which a 
petition is filed under section 292, but in any event not later than 60 
days after that date, the Secretary shall determine whether the 
petitioning group meets the requirements of section 292 (c) or (d), as 
the case may be, and shall, if the group meets the requirements, issue 
a certification of eligibility to apply for assistance under this 
chapter covering agricultural commodity producers in any group that 
meets the requirements. Each certification shall specify the date on 
which eligibility under this chapter begins.
    ``(b) Notice.--Upon making a determination on a petition, the 
Secretary shall promptly publish a summary of the determination in the 
Federal Register, together with the Secretary's reasons for making the 
determination.
    ``(c) Termination of Certification.--Whenever the Secretary 
determines, with respect to any certification of eligibility under this 
chapter, that the decline in price for the agricultural commodity 
covered by the certification is no longer attributable to the 
conditions described in section 292, the Secretary shall terminate such 
certification and promptly cause notice of such termination to be 
published in the Federal Register, together with the Secretary's 
reasons for making such determination.

``SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN INTERNATIONAL TRADE 
              COMMISSION BEGINS INVESTIGATION.

    ``(a) In General.--Whenever the International Trade Commission (in 
this chapter referred to as the `Commission') begins an investigation 
under section 202 with respect to an agricultural commodity, the 
Commission shall immediately notify the Secretary of the investigation. 
Upon receipt of the notification, the Secretary shall immediately 
conduct a study of--
            ``(1) the number of agricultural commodity producers 
        producing a like or directly competitive agricultural commodity 
        who have been or are likely to be certified as eligible for 
        adjustment assistance under this chapter, and
            ``(2) the extent to which the adjustment of such producers 
        to the import competition may be facilitated through the use of 
        existing programs.
    ``(b) Report.--Not later than 15 days after the day on which the 
Commission makes its report under section 202(f), the Secretary shall 
submit a report to the President setting forth the findings of the 
study under subsection (a). Upon making his report to the President, 
the Secretary shall also promptly make the report public (with the 
exception of information which the Secretary determines to be 
confidential) and shall have a summary of it published in the Federal 
Register.

``SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS.

    ``(a) In General.--The Secretary shall provide full information to 
producers about the benefit allowances, training, and other employment 
services available under this title and about the petition and 
application procedures, and the appropriate filing dates, for such 
allowances, training, and services. The Secretary shall provide 
whatever assistance is necessary to enable groups to prepare petitions 
or applications for program benefits under this title.
    ``(b) Notice of Benefits.--
            ``(1) In general.--The Secretary shall mail written notice 
        of the benefits available under this chapter to each 
        agricultural commodity producer that the Secretary has reason 
        to believe is covered by a certification made under this 
        chapter.
            ``(2) Other notice.--The Secretary shall publish notice of 
        the benefits available under this chapter to agricultural 
        commodity producers that are covered by each certification made 
        under this chapter in newspapers of general circulation in the 
        areas in which such producers reside.
            ``(3) Other federal assistance.--The Secretary shall also 
        provide information concerning procedures for applying for and 
        receiving all other Federal assistance and services available 
        to workers facing economic distress.

``SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY 
              PRODUCERS.

    ``(a) In General.--Payment of a trade adjustment allowance shall be 
made to an adversely affected agricultural commodity producer covered 
by a certification under this chapter who files an application for such 
allowance within 90 days after the date on which the Secretary makes a 
determination and issues a certification of eligibility under section 
293, if the following conditions are met:
            ``(1) The producer submits to the Secretary sufficient 
        information to establish the amount of agricultural commodity 
        covered by the application filed under subsection (a) that was 
        produced by the producer in the most recent year.
            ``(2) The producer certifies that the producer has not 
        received cash benefits under any provision of this title other 
        than this chapter.
            ``(3) The producer's net farm income (as determined by the 
        Secretary) for the most recent year is less than the producer's 
        net farm income for the latest year in which no adjustment 
        assistance was received by the producer under this chapter.
            ``(4) The producer certifies that the producer has met with 
        an Extension Service employee or agent to obtain, at no cost to 
        the producer, information and technical assistance that will 
        assist the producer in adjusting to import competition with 
        respect to the adversely affected agricultural commodity, 
        including--
                    ``(A) information regarding the feasibility and 
                desirability of substituting 1 or more alternative 
                commodities for the adversely affected agricultural 
                commodity; and
                    ``(B) technical assistance that will improve the 
                competitiveness of the production and marketing of the 
                adversely affected agricultural commodity by the 
                producer, including yield and marketing improvements.
    ``(b) Amount of Cash Benefits.--
            ``(1) In general.--Subject to the provisions of section 
        298, an adversely affected agricultural commodity producer 
        described in subsection (a) shall be entitled to adjustment 
        assistance under this chapter in an amount equal to the product 
        of--
                    ``(A) one-half of the difference between--
                            ``(i) an amount equal to 80 percent of the 
                        average of the national average price of the 
                        agricultural commodity covered by the 
                        application described in subsection (a) for the 
                        5 marketing years preceding the most recent 
                        marketing year, and
                            ``(ii) the national average price of the 
                        agricultural commodity for the most recent 
                        marketing year, and
                    ``(B) the amount of the agricultural commodity 
                produced by the agricultural commodity producer in the 
                most recent marketing year.
            ``(2) Special rule for subsequent qualified years.--The 
        amount of cash benefits for a qualified year shall be 
        determined in the same manner as cash benefits are determined 
        under paragraph (1) except that the average national price of 
        the agricultural commodity shall be determined under paragraph 
        (1)(A)(i) by using the 5-marketing-year period used to 
        determine the amount of cash benefits for the first 
        certification.
    ``(c) Maximum Amount of Cash Assistance.--The maximum amount of 
cash benefits an agricultural commodity producer may receive in any 12-
month period shall not exceed $10,000.
    ``(d) Limitations on Other Assistance.--An agricultural commodity 
producer entitled to receive a cash benefit under this chapter--
            ``(1) shall not be eligible for any other cash benefit 
        under this title, and
            ``(2) shall be entitled to employment services and training 
        benefits under part III of subchapter C of chapter 2.

``SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.

    ``(a) In General.--
            ``(1) Repayment.--If the Secretary, or a court of competent 
        jurisdiction, determines that any person has received any 
        payment under this chapter to which the person was not 
        entitled, such person shall be liable to repay such amount to 
        the Secretary, except that the Secretary may waive such 
        repayment if the Secretary determines, in accordance with 
        guidelines prescribed by the Secretary, that--
                    ``(A) the payment was made without fault on the 
                part of such person; and
                    ``(B) requiring such repayment would be contrary to 
                equity and good conscience.
            ``(2) Recovery of overpayment.--Unless an overpayment is 
        otherwise recovered, or waived under paragraph (1), the 
        Secretary shall recover the overpayment by deductions from any 
        sums payable to such person under this chapter.
    ``(b) False Statement.--A person shall, in addition to any other 
penalty provided by law, be ineligible for any further payments under 
this chapter--
            ``(1) if the Secretary, or a court of competent 
        jurisdiction, determines that the person--
                    ``(A) knowingly has made, or caused another to 
                make, a false statement or representation of a material 
                fact; or
                    ``(B) knowingly has failed, or caused another to 
                fail, to disclose a material fact; and
            ``(2) as a result of such false statement or 
        representation, or of such nondisclosure, such person has 
        received any payment under this chapter to which the person was 
        not entitled.
    ``(c) Notice and Determination.--Except for overpayments determined 
by a court of competent jurisdiction, no repayment may be required, and 
no deduction may be made, under this section until a determination 
under subsection (a)(1) by the Secretary has been made, notice of the 
determination and an opportunity for a fair hearing thereon has been 
given to the person concerned, and the determination has become final.
    ``(d) Payment to Treasury.--Any amount recovered under this section 
shall be returned to the Treasury of the United States.
    ``(e) Penalties.--Whoever makes a false statement of a material 
fact knowing it to be false, or knowingly fails to disclose a material 
fact, for the purpose of obtaining or increasing for himself or for any 
other person any payment authorized to be furnished under this chapter 
shall be fined not more than $10,000 or imprisoned for not more than 1 
year, or both.

``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated and 
there are appropriated to the Department of Agriculture not to exceed 
$90,000,000 for each of the fiscal years 2002 through 2006 to carry out 
the purposes of this chapter.
    ``(b) Proportionate Reduction.--If in any year, the amount 
appropriated under this chapter is insufficient to meet the 
requirements for adjustment assistance payable under this chapter, the 
amount of assistance payable under this chapter shall be reduced 
proportionately.''.
    (b) Effective Date.--The amendments made by this title shall take 
effect on the date that is 180 days after the date of enactment of this 
Act.

           TITLE V--TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN

SEC. 501. TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN.

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

            ``CHAPTER 7--ADJUSTMENT ASSISTANCE FOR FISHERMEN

``SEC. 299. DEFINITIONS.

    ``In this chapter:
            ``(1) Commercial fishing, fish, fishery, fishing, fishing 
        vessel, person, and united states fish processor.--The terms 
        `commercial fishing', `fish', `fishery', `fishing', `fishing 
        vessel', `person', and `United States fish processor' have the 
        same meanings as such terms have in the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1802).
            ``(2) Producer.--The term `producer' means any person who--
                    ``(A) is engaged in commercial fishing; or
                    ``(B) is a United States fish processor.
            ``(3) Contributed importantly.--
                    ``(A) In general.--The term `contributed 
                importantly' means a cause which is important but not 
                necessarily more important than any other cause.
                    ``(B) Determination of contributed importantly.--
                The determination of whether imports of articles like 
                or directly competitive with a fish caught through 
                commercial fishing or processed by a United States fish 
processor with respect to which a petition under this chapter was filed 
contributed importantly to a decline in the price of the fish shall be 
made by the Secretary.
            ``(4) Duly authorized representative.--The term `duly 
        authorized representative' means an association of producers.
            ``(5) National average price.--The term `national average 
        price' means the national average price paid to a producer for 
        fish in a marketing year as determined by the Secretary.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Commerce.
            ``(7) Trade adjustment assistance center.--The term `Trade 
        Adjustment Assistance Center' shall have the same meaning as 
        such term has in section 253.

``SEC. 299A. PETITIONS; GROUP ELIGIBILITY.

    ``(a) In General.--A petition for a certification of eligibility to 
apply for adjustment assistance under this chapter may be filed with 
the Secretary by a group of producers or by their duly authorized 
representative. Upon receipt of the petition, the Secretary shall 
promptly publish notice in the Federal Register that the Secretary has 
received the petition and initiated an investigation.
    ``(b) Hearings.--If the petitioner, or any other person found by 
the Secretary to have a substantial interest in the proceedings, 
submits not later than 10 days after the date of the Secretary's 
publication under subsection (a) a request for a hearing, the Secretary 
shall provide for a public hearing and afford such interested person an 
opportunity to be present, to produce evidence, and to be heard.
    ``(c) Group Eligibility Requirements.--The Secretary shall certify 
a group of producers as eligible to apply for adjustment assistance 
under this chapter if the Secretary determines--
            ``(1) that the national average price for the fish, or a 
        class of fish, produced by the group for the most recent 
        marketing year for which the national average price is 
        available is less than 80 percent of the average of the 
        national average price for such fish, or such class of fish, 
        for the 5 marketing years preceding the most recent marketing 
        year; and
            ``(2) that increases in imports of articles like or 
        directly competitive with the fish, or class of fish, produced 
        by the group contributed importantly to the decline in price 
        described in paragraph (1).
    ``(d) Special Rule for Qualified Subsequent Years.--A group of 
producers certified as eligible under section 299B shall be eligible to 
apply for assistance under this chapter in any qualified year after the 
year the group is first certified, if the Secretary determines that--
            ``(1) the national average price for the fish, or class of 
        fish, produced by the group for the most recent marketing year 
        for which the national average price is available is equal to 
        or less than the price determined under subsection (c)(1); and
            ``(2) the requirements of subsection (c)(2) are met.
    ``(e) Determination of Qualified Year and Commodity.--In this 
chapter:
            ``(1) Qualified year.--The term `qualified year', with 
        respect to a group of producers certified as eligible under 
        section 299B, means each consecutive year after the year in 
        which the group is certified that the Secretary makes the 
        determination under subsection (c) or (d), as the case may be.
            ``(2) Classes of goods within a commodity.--In any case in 
        which there are separate classes of fish, the Secretary shall 
        treat each class as a separate commodity in determining group 
        eligibility, the national average price, and level of imports 
        under this section and section 299E.

``SEC. 299B. DETERMINATIONS BY SECRETARY.

    ``(a) In General.--As soon as practicable after the date on which a 
petition is filed under section 299A, but in any event not later than 
60 days after that date, the Secretary shall determine whether the 
petitioning group meets the requirements of section 299A (c) or (d), as 
the case may be, and shall, if the group meets the requirements, issue 
a certification of eligibility to apply for assistance under this 
chapter covering producers in any group that meets the requirements. 
Each certification shall specify the date on which eligibility under 
this chapter begins.
    ``(b) Notice.--Upon making a determination on a petition, the 
Secretary shall promptly publish a summary of the determination in the 
Federal Register, together with the Secretary's reasons for making the 
determination.
    ``(c) Termination of Certification.--Whenever the Secretary 
determines, with respect to any certification of eligibility under this 
chapter, that the decline in price for the fish covered by the 
certification is no longer attributable to the conditions described in 
section 299A, the Secretary shall terminate such certification and 
promptly cause notice of such termination to be published in the 
Federal Register, together with the Secretary's reasons for making such 
determination.

``SEC. 299C. STUDY BY SECRETARY WHEN INTERNATIONAL TRADE COMMISSION 
              BEGINS INVESTIGATION.

    ``(a) In General.--Whenever the International Trade Commission (in 
this chapter referred to as the `Commission') begins an investigation 
under section 202 with respect to a fish, the Commission shall 
immediately notify the Secretary of the investigation. Upon receipt of 
the notification, the Secretary shall immediately conduct a study of--
            ``(1) the number of producers producing a like or directly 
        competitive agricultural commodity who have been or are likely 
        to be certified as eligible for adjustment assistance under 
        this chapter, and
            ``(2) the extent to which the adjustment of such producers 
        to the import competition may be facilitated through the use of 
        existing programs.
    ``(b) Report.--Not later than 15 days after the day on which the 
Commission makes its report under section 202(f), the Secretary shall 
submit a report to the President setting forth the findings of the 
study under subsection (a). Upon making his report to the President, 
the Secretary shall also promptly make the report public (with the 
exception of information which the Secretary determines to 
be confidential) and shall have a summary of it published in the 
Federal Register.

``SEC. 299D. BENEFIT INFORMATION TO PRODUCERS.

    ``(a) In General.--The Secretary shall provide full information to 
producers about the benefit allowances, training, and other employment 
services available under this title and about the petition and 
application procedures, and the appropriate filing dates, for such 
allowances, training, and services. The Secretary shall provide 
whatever assistance is necessary to enable groups to prepare petitions 
or applications for program benefits under this title.
    ``(b) Notice of Benefits.--
            ``(1) In general.--The Secretary shall mail written notice 
        of the benefits available under this chapter to each producer 
        that the Secretary has reason to believe is covered by a 
        certification made under this chapter.
            ``(2) Other notice.--The Secretary shall publish notice of 
        the benefits available under this chapter to producers that are 
        covered by each certification made under this chapter in 
        newspapers of general circulation in the areas in which such 
        producers reside.

``SEC. 299E. QUALIFYING REQUIREMENTS FOR PRODUCERS.

    ``(a) In General.--Payment of a trade adjustment allowance shall be 
made to an adversely affected producer covered by a certification under 
this chapter who files an application for such allowance within 90 days 
after the date on which the Secretary makes a determination and issues 
a certification of eligibility under section 299B, if the following 
conditions are met:
            ``(1) The producer submits to the Secretary sufficient 
        information to establish the amount of fish covered by the 
        application filed under subsection (a) that was produced by the 
        producer in the most recent year.
            ``(2) The producer certifies that the producer has not 
        received cash benefits under any provision of this title other 
        than this chapter.
            ``(3) The producer's net fishing or processing income (as 
        determined by the Secretary) for the most recent year is less 
        than the producer's net fishing or processing income for the 
        latest year in which no adjustment assistance was received by 
        the producer under this chapter.
            ``(4) The producer certifies that--
                    ``(A) the producer has met with an employee or 
                agent from a Trade Adjustment Assistance Center to 
                obtain, at no cost to the producer, information and 
                technical assistance that will assist the producer in 
                adjusting to import competition with respect to the 
                adversely affected fish, including--
                            ``(i) information regarding the feasibility 
                        and desirability of substituting 1 or more 
                        alternative fish for the adversely affected 
                        fish; and
                            ``(ii) technical assistance that will 
                        improve the competitiveness of the production 
                        and marketing of the adversely affected fish by 
                        the producer, including yield and marketing 
                        improvements; and
                    ``(B) none of the benefits will be used to 
                purchase, lease, or finance any new fishing vessel, add 
                capacity to any fishery, or otherwise add to the 
                overcapitalization of any fishery.
    ``(b) Amount of Cash Benefits.--
            ``(1) In general.--Subject to the provisions of section 
        299G, an adversely affected producer described in subsection 
        (a) shall be entitled to adjustment assistance under this 
        chapter in an amount equal to the product of--
                    ``(A) one-half of the difference between--
                            ``(i) an amount equal to 80 percent of the 
                        average of the national average price of the 
                        fish covered by the application described in 
                        subsection (a) for the 5 marketing years 
                        preceding the most recent marketing year; and
                            ``(ii) the national average price of the 
                        fish for the most recent marketing year; and
                    ``(B) the amount of the fish produced by the 
                producer in the most recent marketing year.
            ``(2) Special rule for subsequent qualified years.--The 
        amount of cash benefits for a qualified year shall be 
        determined in the same manner as cash benefits are determined 
        under paragraph (1) except that the average national price of 
        the fish shall be determined under paragraph (1)(A)(i) by using 
        the 5-marketing-year period used to determine the amount of 
        cash benefits for the first certification. A producer shall 
        only be eligible for benefits for subsequent qualified years if 
        the Secretary or his designee determines that sufficient 
        progress has been made implementing the plans developed under 
        section 299E(a)(4) of this title.
    ``(c) Maximum Amount of Cash Assistance.--The maximum amount of 
cash benefits a producer may receive in any 12-month period shall not 
exceed $10,000.
    ``(d) Limitations on Other Assistance.--A producer entitled to 
receive a cash benefit under this chapter--
            ``(1) shall not be eligible for any other cash benefit 
        under this title, and
            ``(2) shall be entitled to employment services and training 
        benefits under part III of subchapter C of chapter 2.

``SEC. 299F. FRAUD AND RECOVERY OF OVERPAYMENTS.

    ``(a) In General.--
            ``(1) Repayment.--If the Secretary, or a court of competent 
        jurisdiction, determines that any person has received any 
        payment under this chapter to which the person was not 
        entitled, such person shall be liable to repay such amount to 
        the Secretary, except that the Secretary may waive such 
        repayment if the Secretary determines, in accordance with 
        guidelines prescribed by the Secretary, that--
                    ``(A) the payment was made without fault on the 
                part of such person; and
                    ``(B) requiring such repayment would be contrary to 
                equity and good conscience.
            ``(2) Recovery of overpayment.--Unless an overpayment is 
        otherwise recovered, or waived under paragraph (1), the 
        Secretary shall recover the overpayment by deductions from any 
        sums payable to such person under this chapter.
    ``(b) False Statement.--A person shall, in addition to any other 
penalty provided by law, be ineligible for any further payments under 
this chapter--
            ``(1) if the Secretary, or a court of competent 
        jurisdiction, determines that the person--
                    ``(A) knowingly has made, or caused another to 
                make, a false statement or representation of a material 
                fact; or
                    ``(B) knowingly has failed, or caused another to 
                fail, to disclose a material fact; and
            ``(2) as a result of such false statement or 
        representation, or of such nondisclosure, such person has 
        received any payment under this chapter to which the person was 
        not entitled.
    ``(c) Notice and Determination.--Except for overpayments determined 
by a court of competent jurisdiction, no repayment may be required, and 
no deduction may be made, under this section until a determination 
under subsection (a)(1) by the Secretary has been made, notice of the 
determination and an opportunity for a fair hearing thereon has been 
given to the person concerned, and the determination has become final.
    ``(d) Payment to Treasury.--Any amount recovered under this section 
shall be returned to the Treasury of the United States.
    ``(e) Penalties.--Whoever makes a false statement of a material 
fact knowing it to be false, or knowingly fails to disclose a material 
fact, for the purpose of obtaining or increasing for himself or for any 
other person any payment authorized to be furnished under this chapter 
shall be fined not more than $10,000 or imprisoned for not more than 1 
year, or both.

``SEC. 299G. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated and 
there are appropriated to the Department of Commerce not to exceed 
$10,000,000 for each of the fiscal years 2002 through 2006 to carry out 
the purposes of this chapter.
    ``(b) Proportionate Reduction.--If in any year, the amount 
appropriated under this chapter is insufficient to meet the 
requirements for adjustment assistance payable under this chapter, the 
amount of assistance payable under this chapter shall be reduced 
proportionately.''.
    (b) Effective Date.--The amendments made by this title shall take 
effect on the date that is 180 days after the date of enactment of this 
Act.

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

SEC. 601. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE FOR 
              INDIVIDUALS AND THEIR FAMILIES.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Treasury, in consultation 
with the Secretary of Labor, shall establish a program under which 75 
percent of the premium for COBRA continuation coverage shall be 
provided for an eligible individual (as defined in section 604(3)) who 
is also eligible for COBRA continuation coverage.
    (b) Limitation of Period of Premium Assistance.--Premium assistance 
provided in accordance with this section shall end with respect to an 
eligible individual on the earlier of--
            (1) the date the eligible individual is no longer covered 
        under COBRA continuation coverage; or
            (2) 12 months after the date the eligible individual is 
        first enrolled in the premium assistance program established 
        under this section.
    (c) Payment Arrangements; Crediting of Assistance.--
            (1) Provision of assistance.--Premium assistance shall be 
        provided under the program established under this section 
        through direct payment arrangements with a group health plan 
        (including a multiemployer plan), an issuer of health insurance 
        coverage, an administrator, or an employer as appropriate with 
        respect to the eligible individual provided such assistance.
            (2) Premiums payable by individual reduced by amount of 
        assistance.--Premium assistance provided under this section 
        shall be credited by the group health plan, issuer of health 
        insurance coverage, or an administrator against the premium 
        otherwise owed by the individual involved for COBRA 
        continuation coverage.
    (d) Program Requirements.--Premium assistance shall be provided 
under the program established under this section to any eligible 
individual. An eligible individual may apply for such assistance at any 
time during the period in which the individual is entitled to apply for 
trade adjustment allowances under section 235 of title II of the Trade 
Act of 1974.
    (e) Disregard of Subsidies for Purposes of Federal and State 
Programs.--Notwithstanding any other provision of law, any premium 
assistance provided to, or on behalf of, an eligible individual under 
this section, shall not be considered income or resources in 
determining eligibility for, or the amount of assistance or benefits 
provided under, any other Federal public benefit or State or local 
public benefit.
    (f) Change in COBRA Notice.--
            (1) General notice.--
                    (A) In general.--In the case of notices provided 
                under section 4980B(f)(6) of the Internal Revenue Code 
                of 1986, section 2206 of the Public Health Service Act 
                (42 U.S.C. 300bb-6), section 606 of the Employee 
                Retirement Income Security Act of 1974 (29 U.S.C. 
                1166), or section 8905a(f)(2)(A) of title 5, United 
                States Code, with respect to eligible individuals who 
                become entitled to elect COBRA continuation coverage 
                under subsection (a), such notices shall include an 
                additional notification to the recipient of the 
                availability of premium assistance for such coverage 
                under this section and for temporary medicaid 
                assistance under section 603 for the remaining portion 
                of COBRA continuation premiums.
                    (B) Alternative notice.--In the case of COBRA 
                continuation coverage to which the notice provision 
                under such sections does not apply, the Secretary of 
                the Treasury, in consultation with the Secretary of 
                Labor, shall, in coordination with administrators of 
                the group health plans (or other entities) that provide 
                or administer the COBRA continuation coverage involved, 
                assure the provision of such notice.
                    (C) Form.--The requirement of the additional 
                notification under this paragraph may be met by 
                amendment of existing notice forms or by inclusion of a 
                separate document with the notice otherwise required.
            (2) Specific requirements.--Each additional notification 
        under paragraph (1) shall include--
                    (A) the forms necessary for establishing 
                eligibility and enrollment in the premium assistance 
                program established under this section in connection 
                with the coverage with respect to each eligible 
                individual;
                    (B) the name, address, and telephone number 
                necessary to contact the administrator and any other 
                person maintaining relevant information in connection 
                with the premium assistance; and
                    (C) the following statement displayed in a 
                prominent manner:
    ``You may be eligible to receive assistance with payment of 75 
percent of your COBRA continuation coverage premiums and with temporary 
medicaid coverage for the remaining premium portion for a duration of 
not to exceed 12 months.''.
            (3) Model notices.--Not later than 90 days after the date 
        of enactment of this Act, the Secretary of the Treasury shall 
        prescribe models for the additional notification required under 
        this subsection.
    (g) Reports.--On the date that is 6 months after the date of 
enactment of this Act, and annually thereafter, the Secretary of the 
Treasury shall submit a report to Congress regarding the premium 
assistance program established under this section that includes the 
following:
            (1) The status of the implementation of the program.
            (2) The number of eligible individuals provided assistance 
        under the program as of the date of the report.
            (3) The average dollar amount (monthly and annually) of the 
        premium assistance provided under the program.
            (4) The total amount of expenditures incurred (with 
        administrative expenditures noted separately) under the program 
        as of the date of the report.
    (h) Appropriation.--
            (1) In general.--There is appropriated to carry out this 
        section such sums as are necessary for each of fiscal years 
        2002 through 2006.
            (2) Obligation of funds.--This section constitutes budget 
        authority in advance of appropriations Acts and represents the 
        obligation of the Federal Government to provide for the payment 
        of premium assistance under this section.

SEC. 602. STATE OPTION TO PROVIDE TEMPORARY MEDICAID COVERAGE FOR 
              CERTAIN UNINSURED INDIVIDUALS.

    (a) State Option.--Notwithstanding any other provision of law, a 
State may elect to provide under its medicaid program under title XIX 
of the Social Security Act medical assistance in the case of an 
individual who is--
            (1) an eligible individual as defined in section 604(3);
            (2) not eligible for COBRA continuation coverage;
            (3) otherwise uninsured; and
            (4) whose assets, resources, and earned or unearned income 
        (or both) do not exceed such limitations (if any) as the State 
        may establish.
    (b) Limitation of Period of Coverage.--Medical assistance provided 
in accordance with this section shall end with respect to an individual 
on the earlier of--
            (1) the date the individual is no longer uninsured; or
            (2) subject to subsection (c)(4), 12 months after the date 
        the individual first receives such assistance.
    (c) Special Rules.--In the case of medical assistance provided 
under this section--
            (1) the Federal medical assistance percentage under section 
        1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) shall 
        be the enhanced FMAP (as defined in section 2105(b) of such Act 
        (42 U.S.C. 1397ee(b)));
            (2) a State may elect to apply any income, asset, or 
        resource limitation permitted under the State medicaid plan or 
        under title XIX of such Act;
            (3) the provisions of section 1916(g) of the Social 
        Security Act (42 U.S.C. 1396o) shall apply to the provision of 
such assistance in the same manner as the provisions of such section 
apply with respect to individuals provided medical assistance only 
under subclause (XV) or (XVI) of section 1902(a)(10)(A)(ii) of such Act 
(42 U.S.C. 1396a(a)(10)(A)(ii));
            (4) a State may elect to provide such assistance in 
        accordance with section 1902(a)(34) of the Social Security Act 
        (42 U.S.C. 1396a(a)(34)) and any assistance provided with 
        respect to a month described in that section shall not be 
        included in the determination of the 12-month period under 
        subsection (b)(2);
            (5) a State may elect to make eligible for such medical 
        assistance a dependent spouse or children of an individual 
        eligible for medical assistance under subsection (a), if such 
        spouse or children are uninsured;
            (6) individuals eligible for medical assistance under this 
        section shall be deemed to be described in the list of 
        individuals described in the matter preceding paragraph (1) of 
        section 1905(a) of such Act (42 U.S.C. 1396d(a));
            (7) a State may elect to provide such medical assistance 
        without regard to any limitation under sections 401(a), 402(b), 
        403, and 421 of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a), 
        1612(b), 1613, and 1631) and no debt shall accrue under an 
        affidavit of support against any sponsor of an individual who 
        is an alien who is provided such assistance, and the cost of 
        such assistance shall not be considered as an unreimbursed 
        cost; and
            (8) the Secretary of Health and Human Services shall not 
        count, for purposes of section 1108(f) of the Social Security 
        Act (42 U.S.C. 1308(f)), such amount of payments under this 
        section as bears a reasonable relationship to the average 
        national proportion of payments made under this section for the 
        50 States and the District of Columbia to the payments 
        otherwise made under title XIX for such States and District.

SEC. 603. STATE OPTION TO PROVIDE TEMPORARY COVERAGE UNDER MEDICAID FOR 
              THE UNSUBSIDIZED PORTION OF COBRA CONTINUATION PREMIUMS.

    (a) State Option.--Notwithstanding any other provision of law, a 
State may elect to provide under its medicaid program under title XIX 
of the Social Security Act medical assistance in the form of payment 
for the portion of the premium for COBRA continuation coverage for 
which an eligible individual (as defined in section 604(3)) does not 
receive a subsidy under the premium assistance program established 
under section 601 in the case of an eligible individual--
            (1) who is also eligible for, and has elected coverage 
        under, COBRA continuation coverage;
            (2) who is receiving premium assistance under the program 
        established under section 601; and
            (3) whose family income does not exceed 200 percent of the 
        poverty line.
    (b) Limitation of Period of Coverage.--Medical assistance provided 
in accordance with this section shall end with respect to an individual 
on the earlier of--
            (1) the date the eligible individual is no longer covered 
        under COBRA continuation coverage; or
            (2) 12 months after the date the eligible individual first 
        receives such assistance under this section.
    (c) Special Rules.--In the case of medical assistance provided 
under this section--
            (1) such assistance may be provided without regard to--
                    (A) whether the State otherwise has elected to make 
                medical assistance available for COBRA premiums under 
                section 1902(a)(10)(F) of the Social Security Act (42 
                U.S.C. 1396a(a)(10)(F)); or
                    (B) the conditions otherwise imposed for the 
                provision of medical assistance for such COBRA premiums 
                under clause (XII) of the matter following section 
                1902(a)(10)(G) of the Social Security Act (42 U.S.C. 
                1396a(a)(10)(G)), or paragraphs (1)(B), (1)(C), (1)(D), 
                and (4) of section 1902(u) of such Act (42 U.S.C. 
                1396a(u)); and
            (2) paragraphs (1), (2), (4), (5), (7), and (8) of 
        subsection (c) of section 602 apply to such assistance in the 
        same manner as such paragraphs apply to the provision of 
        medical assistance under that section.

SEC. 604. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``administrator'' has the 
        meaning given that term in section 3(16)(A) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(A)).
            (2) COBRA continuation coverage.--
                    (A) In general.--The term ``COBRA continuation 
                coverage'' means coverage under a group health plan 
                provided by an employer pursuant to title XXII of the 
                Public Health Service Act, section 4980B of the 
                Internal Revenue Code of 1986, part 6 of subtitle B of 
                title I of the Employee Retirement Income Security Act 
                of 1974, or section 8905a of title 5, United States 
                Code.
                    (B) Application in states requiring coverage.--Such 
                term includes continuation coverage provided in a State 
                that has enacted a law that requires such continuation 
                coverage even though the continuation coverage would 
                not otherwise be required under the provisions of law 
                referred to in subparagraph (A).
            (3) Eligible individual.--For purposes of this section, the 
        term ``eligible individual'' means any individual who is a 
        member of a group of workers certified as eligible to apply for 
        adjustment assistance under chapter 2 of title II of the Trade 
        Act of 1974 (19 U.S.C. 221, et seq.).
            (4) Federal public benefit.--The term ``Federal public 
        benefit'' has the meaning given that term in section 401(c) of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1611(c)).
            (5) Group health plan.--The term ``group health plan'' has 
        the meaning given that term in section 2791(a) of the Public 
        Health Service Act (42 U.S.C. 300gg-91(a)), section 607(1) of 
        the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1167(1)), and section 4980B(g)(2) of the Internal Revenue Code 
of 1986.
            (6) Health insurance coverage.--The term ``health insurance 
        coverage'' has the meaning given that term in section 
        2791(b)(1) of the Public Health Service Act (42 U.S.C. 300gg-
        91(b)(1)).
            (7) Multiemployer plan.--The term ``multiemployer plan'' 
        has the meaning given that term in section 3(37) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(37)).
            (8) Poverty line.--The term ``poverty line'' has the 
        meaning given that term in section 2110(c)(5) of the Social 
        Security Act (42 U.S.C. 1397jj(c)(5)).
            (9) State.--The term ``State'' has the meaning given such 
        term for purposes of title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.).
            (10) State or local public benefit.--The term ``State or 
        local public benefit'' has the meaning given that term in 
        section 411(c) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)).
            (11) Uninsured.--
                    (A) In general.--The term ``uninsured'' means, with 
                respect to an individual, that the individual is not 
                covered under--
                            (i) a group health plan;
                            (ii) health insurance coverage; or
                            (iii) a program under title XVIII, XIX, or 
                        XXI of the Social Security Act (other than 
                        under such title XIX pursuant to section 602).
                    (B) Exclusion.--Such coverage under clause (i) or 
                (ii) shall not include coverage consisting solely of 
                coverage of excepted benefits (as defined in section 
                2791(c) of the Public Health Service Act (42 U.S.C. 
                300gg-91(c)).

          TITLE VII--CONFORMING AMENDMENTS AND EFFECTIVE DATE

SEC. 701. CONFORMING AMENDMENTS.

    (a) Amendments to the Trade Act of 1974.--
            (1) Assistance to industries.--Section 265 of the Trade Act 
        of 1974 (19 U.S.C. 2355) is amended by striking ``certified as 
        eligible to apply for adjustment assistance under sections 231 
        or 251'', and inserting ``certified as eligible for trade 
        adjustment assistance benefits under section 231, or as 
        eligible to apply for adjustment assistance under section 
        251''.
            (2) General accounting office report.--Section 280(a) of 
        the Trade Act of 1974 is amended by striking ``January 31, 
        1980'' and inserting ``January 31, 2004''.
            (3) Judicial review.--Section 284(a) of the Trade Act of 
        1974 (19 U.S.C. 2395(a)) is amended by striking ``under section 
        223 or section 250(c)'' and all that follows through ``the 
        Secretary of Commerce under section 271'' and inserting ``under 
        section 231, a firm or its representative, or any other 
        interested domestic party aggrieved by a final determination of 
        the Secretary of Commerce under section 251, an agricultural 
        commodity producer (as defined in section 291(2)) aggrieved by 
        a determination of the Secretary of Agriculture under section 
        293, a producer (as defined in section 299(2)) aggrieved by a 
        determination of the Secretary of Commerce under section 299B, 
        or a community or any other interested domestic party aggrieved 
        by a final determination of the Director of the Office of 
        Community Trade Adjustment under section 273''.
            (4) Termination.--Section 285 of the Trade Act of 1974 is 
        amended to read as follows:

``SEC. 285. TERMINATION.

    ``(a) Assistance for Workers.--
            ``(1) In general.--Except as provided in paragraph (2), 
        trade adjustment assistance, vouchers, allowances, and other 
        payments or benefits may not be provided under chapter 2 after 
        September 30, 2006.
            ``(2) Exception.--Notwithstanding paragraph (1), a worker 
        shall continue to receive trade adjustment assistance benefits 
        and other benefits under chapter 2 for any week for which the 
        worker meets the eligibility requirements of that chapter, if 
        on or before September 30, 2006, the worker is--
                    ``(A) certified as eligible for trade adjustment 
                assistance benefits under section 231; and
                    ``(B) otherwise eligible to receive trade 
                adjustment assistance benefits under chapter 2.
    ``(b) Other Assistance.--
            ``(1) Assistance for firms.--Technical assistance may not 
        be provided under chapter 3 after September 30, 2006.
            ``(2) Assistance for communities.--Technical assistance and 
        other payments may not be provided under chapter 4 after 
        September 30, 2006.
            ``(3) Assistance for farmers and fishermen.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), adjustment assistance, vouchers, 
                allowances, and other payments or benefits may not be 
provided under chapter 6 or 7 after September 30, 2006.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                an agricultural commodity producer (as defined in 
                section 291(2)) or producer (as defined in section 
                299(2)), shall continue to receive adjustment 
                assistance benefits and other benefits under chapter 6 
                or 7, whichever applies, for any week for which the 
                agricultural commodity producer or producer meets the 
                eligibility requirements of chapter 6 or 7, whichever 
                applies, if on or before September 30, 2006, the 
                agricultural commodity producer or producer is--
                            ``(i) certified as eligible for adjustment 
                        assistance benefits under chapter 6 or 7, 
                        whichever applies; and
                            ``(ii) is otherwise eligible to receive 
                        adjustment assistance benefits under such 
                        chapter 6 or 7.''.
            (5) Table of contents.--
                    (A) In general.--The table of contents for chapters 
                2, 3, and 4 of title II of the Trade Act of 1974 is 
                amended to read as follows:

             ``Chapter 2--Adjustment Assistance for Workers

                   ``subchapter a--general provisions
        ``Sec. 221. Definitions.
        ``Sec. 222. Agreements with States.
        ``Sec. 223. Administration absent State agreement.
        ``Sec. 224. Data collection; evaluations; reports.
        ``Sec. 225. Study by Secretary of Labor when International 
                     ``subchapter b--certifications investigation.
        ``Sec. 231. Certification as adversely affected workers.
        ``Sec. 232. ``subchapter c--program benefits

                      ``Part I--General Provisions

        ``Sec. 234. Comprehensive assistance.

                 ``Part II--Trade Adjustment Allowances

        ``Sec. 235. Qualifying requirements for workers.
        ``Sec. 236. Weekly amounts.
        ``Sec. 237. Limitations on trade adjustment allowances.
        ``Sec. 238. Application of State laws.

    ``Part III--Employment Services, Training, and Other Allowances

        ``Sec. 239. Employment services.
        ``Sec. 240. Training.
        ``Sec. 241. Job search allowances.
        ``Sec. 242. Relocation allowances.
        ``S``subchapter d--payment and enforcement provisions
        ``Sec. 244. Payments to States.
        ``Sec. 245. Liabilities of certifying and disbursing officers.
        ``Sec. 246. Fraud and recovery of overpayments.
        ``Sec. 247. Criminal penalties.
        ``Sec. 248. Authorization of appropriations.
        ``Sec. 249. Regulations.
        ``Sec. 250. Subpoena power.

           ``Chapter 3--Trade Adjustment Assistance for Firms

        ``Sec. 251. Petitions and determinations.
        ``Sec. 252. Approval of adjustment proposals.
        ``Sec. 253. Technical assistance.
        ``Sec. 254. Financial assistance.
        ``Sec. 255. Conditions for financial assistance.
        ``Sec. 256. Delegation of functions to Small Business 
                            Administration; authorization of 
                            appropriations.
        ``Sec. 257. Administration of financial assistance.
        ``Sec. 258. Protective provisions.
        ``Sec. 259. Penalties.
        ``Sec. 260. Suits.
        ``Sec. 261. Definition of firm.
        ``Sec. 262. Regulations.
        ``Sec. 264. Study by Secretary of Commerce when International 
                            Trade Commission begins investigation; 
                            action where there is affirmative finding.
        ``Sec. 265. Assistance to industries.

               ``Chapter 4--Community Economic Adjustment

        ``Sec. 271. Definitions.
        ``Sec. 272. Office of Community Trade Adjustment.
        ``Sec. 273. Notification and certification as an eligible 
                            community.
        ``Sec. 274. Community Economic Development Coordinating 
                            Committee.
        ``Sec. 275. Community economic adjustment advisors.
        ``Sec. 276. Strategic plans.
        ``Sec. 277. Grants for economic development.
        ``Sec. 278. Authorization of appropriations.
        ``Sec. 279. General provisions.''.
                    (B) Chapters 6 and 7.--The table of contents for 
                title II of the Trade Act of 1974, as amended by 
                subparagraph (A), is amended by inserting after the 
                items relating to chapter 5 the following:

             ``Chapter 6--Adjustment Assistance for Farmers

``Sec. 291. Definitions.
``Sec. 292. Petitions; group eligibility.
``Sec. 293. Determinations by Secretary of Agriculture.
``Sec. 294. Study by Secretary of Agriculture when International Trade 
                            Commission begins investigation.
``Sec. 295. Benefit information to agricultural commodity producers.
``Sec. 296. Qualifying requirements for agricultural commodity 
                            producers.
``Sec. 297. Fraud and recovery of overpayments.
``Sec. 298. Authorization of appropriations.

            ``Chapter 7--Adjustment Assistance for Fishermen

``Sec. 299. Definitions.
``Sec. 299A. Petitions; group eligibility.
``Sec. 299B. Determinations by Secretary.
``Sec. 299C. Study by Secretary when International Trade Commission 
                            begins investigation.
``Sec. 299D. Benefit information to producers.
``Sec. 299E. Qualifying requirements for producers.
``Sec. 299F. Fraud and recovery of overpayments.
``Sec. 299G. Authorization of appropriations.''.
    (b) Internal Revenue Code.--
            (1) Adjusted gross income.--Section 62(a)(12) of the 
        Internal Revenue Code of 1986 (relating to the definition of 
        adjusted gross income) is amended by striking ``trade 
        readjustment allowances under section 231 or 232'' and 
        inserting ``trade adjustment allowances under section 235 or 
        236''.
            (2) Federal unemployment.--
                    (A) In general.--Section 3304(a)(8) of the Internal 
                Revenue Code of 1986 (relating to the approval of State 
                unemployment insurance laws) is amended to read as 
                follows:
            ``(8) compensation shall not be denied to an individual for 
        any week because the individual is in training with the 
        approval of the State agency, or in training approved by the 
        Secretary of Labor pursuant to chapter 2 of title II of the 
        Trade Act of 1974 (or because of the application, to any such 
        week in training, of State law provisions relating to 
        availability for work, active search for work, or refusal to 
        accept work);''.
                    (B) Effective date.--
                            (i) In general.--Except as provided in 
                        clause (ii), the amendments made by this 
                        paragraph shall apply in the case of 
                        compensation paid for weeks beginning on 
or after the date that is 90 days after the date of enactment of this 
Act.
                            (ii) Meeting of state legislature.--
                                    (I) In general.--If the Secretary 
                                of Labor identifies a State as 
                                requiring a change to its statutes or 
                                regulations in order to comply with the 
                                amendments made by subparagraph (A), 
                                the amendments made by subparagraph (A) 
                                shall apply in the case of compensation 
                                paid for weeks beginning after the 
                                earlier of--
                                            (aa) the date the State 
                                        changes its statutes or 
                                        regulations in order to comply 
                                        with the amendments made by 
                                        this section; or
                                            (bb) the end of the first 
                                        session of the State 
                                        legislature which begins after 
                                        the date of enactment of this 
                                        Act or which began prior to 
                                        such date and remained in 
                                        session for at least 25 
                                        calendar days after such date;
                                except that in no case shall the 
                                amendments made by this Act apply 
                                before the date described in clause 
                                (i).
                                    (II) Session defined.--In this 
                                clause, the term ``session'' means a 
                                regular, special, budget, or other 
                                session of a State legislature.
    (c) Amendments to Title 28.--
            (1) Civil actions against the united states.--Section 
        1581(d) of title 28, United States Code, is amended--
                    (A) in paragraph (1), by striking ``section 223'' 
                and inserting ``section 231''; and
                    (B) in paragraph (3), by striking ``section 271'' 
                and inserting ``section 273''.
            (2) Persons entitled to commence a civil action.--Section 
        2631 of title 28, United States Code, is amended--
                    (A) by amending subsection (d)(1) to read as 
                follows:
    ``(d)(1) A civil action to review any final determination of the 
Secretary of Labor under section 231 of the Trade Act of 1974 with 
respect to the certification of workers as adversely affected and 
eligible for trade adjustment assistance under that Act may be 
commenced by a worker, a group of workers, a certified or recognized 
union, or an authorized representative of such worker or group, that 
petitions for certification under that Act and is aggrieved by the 
final determination.''; and
                    (B) in subsection (d)(3), by striking ``Secretary 
                of Commerce under section 271'' and inserting 
                ``Director of the Office of Community Trade Adjustment 
                under section 273''.
            (3) Time for commencement of action.--Section 2636(d) of 
        title 28, United States Code, is amended by striking ``under 
        section 223 of the Trade Act of 1974 or a final determination 
        of the Secretary of Commerce under section 251 or section 271 
        of such Act'' and inserting ``under section 231 of the Trade 
        Act of 1974, a final determination of the Secretary of Commerce 
        under section 251 of that Act, or a final determination of the 
        Director of the Office of Community Trade Adjustment under 
        section 273 of that Act''.
            (4) Scope and standard of review.--Section 2640(c) of title 
        28, United States Code, is amended by striking ``under section 
        223 of the Trade Act of 1974 or any final determination of the 
        Secretary of Commerce under section 251 or section 271 of such 
        Act'' and inserting ``under section 231 of the Trade Act of 
        1974, a final determination of the Secretary of Commerce under 
        section 251 of that Act, or a final determination of the 
        Director of the Office of Community Trade Adjustment under 
        section 273 of that Act''.
            (5) Relief.--Section 2643(c)(2) of title 28, United States 
        Code, is amended by striking ``under section 223 of the Trade 
        Act of 1974 or any final determination of the Secretary of 
        Commerce under section 251 or section 271 of such Act'' and 
        inserting ``under section 231 of the Trade Act of 1974, a final 
        determination of the Secretary of Commerce under section 251 of 
        that Act, or a final determination of the Director of the 
        Office of Community Trade Adjustment under section 273 of that 
        Act''.
    (d) Amendment to the Food Stamp Act of 1977.--Section 6(o)(1)(B) of 
the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(1)(B)) is amended by 
striking ``section 236'' and inserting ``section 240''.

           TITLE VIII--SAVINGS PROVISIONS AND EFFECTIVE DATE

SEC. 801. SAVINGS PROVISIONS.

    (a) Proceedings Not Affected.--
            (1) In general.--The provisions of this Act shall not 
        affect any petition for certification for benefits under 
        chapter 2 of title II of the Trade Act of 1974 that is in 
        effect on September 30, 2001. Determinations shall be issued, 
        appeals shall be taken therefrom, and payments shall be made 
        under those determinations, as if this Act had not been 
        enacted, and orders issued in any proceeding shall continue in 
        effect until modified, terminated, superseded, or revoked by a 
        duly authorized official, by a court of competent jurisdiction, 
        or by operation of law.
            (2) Modification or discontinuance.--Nothing in this 
        subsection shall be deemed to prohibit the discontinuance or 
        modification of any proceeding under the same terms and 
        conditions and to the same extent that the proceeding could 
        have been discontinued or modified if this Act had not been 
        enacted.
    (b) Suits Not Affected.--The provisions of this Act shall not 
affect any suit commenced before October 1, 2001, and in all those 
suits, proceedings shall be had, appeals taken, and judgments rendered 
in the same manner and with the same effect as if this Act had not been 
enacted.
    (c) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Federal Government, or by or against any 
individual in the official capacity of that individual as an officer of 
the Federal Government, shall abate by reason of enactment of this Act.

SEC. 802. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in sections 401(b), 
501(b), and 701(b)(2)(B), and subsection (b) of this section, the 
amendments made by this Act shall apply to--
            (1) petitions for certification filed under chapter 2 or 3 
        of title II of the Trade Act of 1974 on or after the date that 
        is 90 days after the date of enactment of this Act;
            (2) petitions for certification filed under chapter 2 or 3 
        of title II of the Trade Act of 1974 before the date that is 90 
        days after the date of enactment of this Act, that are pending 
        on such date; and
            (3) certifications for assistance under chapter 4 of title 
        II of the Trade Act of 1974 issued on or after the date that is 
        90 days after the date of enactment of this Act.
    (b) Workers Certified as Eligible Before Effective Date.--
Notwithstanding subsection (a), a worker shall continue to receive (or 
be eligible to receive) trade adjustment assistance and other benefits 
under chapter 2 of title II of the Trade Act of 1974, as in effect on 
the day before the effective date of this Act, for any week for which 
the worker meets the eligibility requirements of such chapter 2 as in 
effect on such date, if on or before such date, the worker--
            (1) was certified as eligible for trade adjustment 
        assistance benefits under such chapter as in effect on such 
        date; and
            (2) would otherwise be eligible to receive trade adjustment 
        assistance benefits under such chapter as in effect on such 
        date.

                   TITLE IX--CUSTOMS REAUTHORIZATION

SEC. 900. SHORT TITLE.

    This title may be cited as the ``Customs Border Security Act of 
2002''.

               Subtitle A--United States Customs Service

  CHAPTER 1--DRUG ENFORCEMENT AND OTHER NONCOMMERCIAL AND COMMERCIAL 
                               OPERATIONS

SEC. 901. AUTHORIZATION OF APPROPRIATIONS FOR NONCOMMERCIAL OPERATIONS, 
              COMMERCIAL OPERATIONS, AND AIR AND MARINE INTERDICTION.

    (a) Noncommercial Operations.--Section 301(b)(1) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) 
is amended--
            (1) in subparagraph (A) to read as follows:
                    ``(A) $886,513,000 for fiscal year 2002.''; and
            (2) in subparagraph (B) to read as follows:
                    ``(B) $909,471,000 for fiscal year 2003.''.
    (b) Commercial Operations.--
            (1) In general.--Section 301(b)(2)(A) of the Customs 
        Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
        2075(b)(2)(A)) is amended--
                    (A) in clause (i) to read as follows:
                    ``(i) $1,603,482,000 for fiscal year 2002.''; and
                    (B) in clause (ii) to read as follows:
                    ``(ii) $1,645,009,000 for fiscal year 2003.''.
            (2) Automated commercial environment computer system.--Of 
        the amount made available for each of fiscal years 2002 and 
        2003 under section 301(b)(2)(A) of the Customs Procedural 
        Reform and Simplification Act of 1978 (19 U.S.C. 
        2075(b)(2)(A)), as amended by paragraph (1), $308,000,000 shall 
        be available until expended for each such fiscal year for the 
        development, establishment, and implementation of the Automated 
        Commercial Environment computer system.
            (3) Reports.--Not later than 90 days after the date of 
        enactment of this Act, and not later than each subsequent 90-
        day period, the Commissioner of Customs shall prepare and 
        submit to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate a 
        report demonstrating that the development and establishment of 
        the Automated Commercial Environment computer system is being 
        carried out in a cost-effective manner and meets the 
        modernization requirements of title VI of the North American 
        Free Trade Agreements Implementation Act.
    (c) Air and Marine Interdiction.--Section 301(b)(3) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(3)) 
is amended--
            (1) in subparagraph (A) to read as follows:
                    ``(A) $181,860,000 for fiscal year 2002.''; and
            (2) in subparagraph (B) to read as follows:
                    ``(B) $186,570,000 for fiscal year 2003.''.
    (d) Submission of Out-Year Budget Projections.--Section 301(a) of 
the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(a)) is amended by adding at the end the following:
    ``(3) By not later than the date on which the President submits to 
Congress the budget of the United States Government for a fiscal year, 
the Commissioner of Customs shall submit to the Committee on Ways and 
Means of the House of Representatives and the Committee on Finance of 
the Senate the projected amount of funds for the succeeding fiscal year 
that will be necessary for the operations of the Customs Service as 
provided for in subsection (b).''.

SEC. 902. ANTITERRORIST AND ILLICIT NARCOTICS DETECTION EQUIPMENT FOR 
              THE UNITED STATES-MEXICO BORDER, UNITED STATES-CANADA 
              BORDER, AND FLORIDA AND THE GULF COAST SEAPORTS.

    (a) Fiscal Year 2002.--Of the amounts made available for fiscal 
year 2002 under section 301(b)(1)(A) of the Customs Procedural Reform 
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by 
section 901(a) of this title, $90,244,000 shall be available until 
expended for acquisition and other expenses associated with 
implementation and deployment of antiterrorist and illicit narcotics 
detection equipment along the United States-Mexico border, the United 
States-Canada border, and Florida and the Gulf Coast seaports, as 
follows:
            (1) United states-mexico border.--For the United States-
        Mexico border, the following:
                    (A) $6,000,000 for 8 Vehicle and Container 
                Inspection Systems (VACIS).
                    (B) $11,200,000 for 5 mobile truck x-rays with 
                transmission and backscatter imaging.
                    (C) $13,000,000 for the upgrade of 8 fixed-site 
                truck x-rays from the present energy level of 450,000 
                electron volts to 1,000,000 electron volts (1-MeV).
                    (D) $7,200,000 for 8 1-MeV pallet x-rays.
                    (E) $1,000,000 for 200 portable contraband 
                detectors (busters) to be distributed among ports where 
                the current allocations are inadequate.
                    (F) $600,000 for 50 contraband detection kits to be 
                distributed among all southwest border ports based on 
                traffic volume.
                    (G) $500,000 for 25 ultrasonic container inspection 
                units to be distributed among all ports receiving 
                liquid-filled cargo and to ports with a hazardous 
                material inspection facility.
                    (H) $2,450,000 for 7 automated targeting systems.
                    (I) $360,000 for 30 rapid tire deflator systems to 
                be distributed to those ports where port runners are a 
                threat.
                    (J) $480,000 for 20 portable Treasury Enforcement 
                Communications Systems (TECS) terminals to be moved 
                among ports as needed.
                    (K) $1,000,000 for 20 remote watch surveillance 
                camera systems at ports where there are suspicious 
                activities at loading docks, vehicle queues, secondary 
                inspection lanes, or areas where visual surveillance or 
                observation is obscured.
                    (L) $1,254,000 for 57 weigh-in-motion sensors to be 
                distributed among the ports with the greatest volume of 
                outbound traffic.
                    (M) $180,000 for 36 AM traffic information radio 
                stations, with 1 station to be located at each border 
                crossing.
                    (N) $1,040,000 for 260 inbound vehicle counters to 
                be installed at every inbound vehicle lane.
                    (O) $950,000 for 38 spotter camera systems to 
                counter the surveillance of customs inspection 
                activities by persons outside the boundaries of ports 
                where such surveillance activities are occurring.
                    (P) $390,000 for 60 inbound commercial truck 
                transponders to be distributed to all ports of entry.
                    (Q) $1,600,000 for 40 narcotics vapor and particle 
                detectors to be distributed to each border crossing.
                    (R) $400,000 for license plate reader automatic 
                targeting software to be installed at each port to 
                target inbound vehicles.
            (2) United states-canada border.--For the United States-
        Canada border, the following:
                    (A) $3,000,000 for 4 Vehicle and Container 
                Inspection Systems (VACIS).
                    (B) $8,800,000 for 4 mobile truck x-rays with 
                transmission and backscatter imaging.
                    (C) $3,600,000 for 4 1-MeV pallet x-rays.
                    (D) $250,000 for 50 portable contraband detectors 
                (busters) to be distributed among ports where the 
                current allocations are inadequate.
                    (E) $300,000 for 25 contraband detection kits to be 
                distributed among ports based on traffic volume.
                    (F) $240,000 for 10 portable Treasury Enforcement 
                Communications Systems (TECS) terminals to be moved 
                among ports as needed.
                    (G) $400,000 for 10 narcotics vapor and particle 
                detectors to be distributed to each border crossing 
                based on traffic volume.
            (3) Florida and gulf coast seaports.--For Florida and the 
        Gulf Coast seaports, the following:
                    (A) $4,500,000 for 6 Vehicle and Container 
                Inspection Systems (VACIS).
                    (B) $11,800,000 for 5 mobile truck x-rays with 
                transmission and backscatter imaging.
                    (C) $7,200,000 for 8 1-MeV pallet x-rays.
                    (D) $250,000 for 50 portable contraband detectors 
                (busters) to be distributed among ports where the 
                current allocations are inadequate.
                    (E) $300,000 for 25 contraband detection kits to be 
                distributed among ports based on traffic volume.
    (b) Fiscal Year 2003.--Of the amounts made available for fiscal 
year 2003 under section 301(b)(1)(B) of the Customs Procedural Reform 
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by 
section 901(a) of this title, $9,000,000 shall be available until 
expended for the maintenance and support of the equipment and training 
of personnel to maintain and support the equipment described in 
subsection (a).
    (c) Acquisition of Technologically Superior Equipment; Transfer of 
Funds.--
            (1) In general.--The Commissioner of Customs may use 
        amounts made available for fiscal year 2002 under section 
        301(b)(1)(A) of the Customs Procedural Reform and 
        Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as 
        amended by section 901(a) of this title, for the acquisition of 
        equipment other than the equipment described in subsection (a) 
        if such other equipment--
                    (A)(i) is technologically superior to the equipment 
                described in subsection (a); and
                    (ii) will achieve at least the same results at a 
                cost that is the same or less than the equipment 
                described in subsection (a); or
                    (B) can be obtained at a lower cost than the 
                equipment described in subsection (a).
            (2) Transfer of funds.--Notwithstanding any other provision 
        of this section, the Commissioner of Customs may reallocate an 
        amount not to exceed 10 percent of--
                    (A) the amount specified in any of subparagraphs 
                (A) through (R) of subsection (a)(1) for equipment 
                specified in any other of such subparagraphs (A) 
                through (R);
                    (B) the amount specified in any of subparagraphs 
                (A) through (G) of subsection (a)(2) for equipment 
                specified in any other of such subparagraphs (A) 
                through (G); and
                    (C) the amount specified in any of subparagraphs 
                (A) through (E) of subsection (a)(3) for equipment 
                specified in any other of such subparagraphs (A) 
                through (E).

SEC. 903. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.

    As part of the annual performance plan for each of the fiscal years 
2002 and 2003 covering each program activity set forth in the budget of 
the United States Customs Service, as required under section 1115 of 
title 31, United States Code, the Commissioner of Customs shall 
establish performance goals, performance indicators, and comply with 
all other requirements contained in paragraphs (1) through (6) of 
subsection (a) of such section with respect to each of the activities 
to be carried out pursuant to sections 911 of this title.

     CHAPTER 2--CHILD CYBER-SMUGGLING CENTER OF THE CUSTOMS SERVICE

SEC. 911. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO PREVENT CHILD 
              PORNOGRAPHY/CHILD SEXUAL EXPLOITATION.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Customs Service $10,000,000 for fiscal year 2002 to 
carry out the program to prevent child pornography/child sexual 
exploitation established by the Child Cyber-Smuggling Center of the 
Customs Service.
    (b) Use of Amounts for Child Pornography Cyber Tipline.--Of the 
amount appropriated under subsection (a), the Customs Service shall 
provide 3.75 percent of such amount to the National Center for Missing 
and Exploited Children for the operation of the child pornography cyber 
tipline of the Center and for increased public awareness of the 
tipline.

                  CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 921. ADDITIONAL CUSTOMS SERVICE OFFICERS FOR UNITED STATES-CANADA 
              BORDER.

    Of the amount made available for fiscal year 2002 under paragraphs 
(1) and (2)(A) of section 301(b) of the Customs Procedural Reform and 
Simplification Act of 1978 (19 U.S.C. 2075(b)), as amended by section 
901 of this title, $25,000,000 shall be available until expended for 
the Customs Service to hire approximately 285 additional Customs 
Service officers to address the needs of the offices and ports along 
the United States-Canada border.

SEC. 922. STUDY AND REPORT RELATING TO PERSONNEL PRACTICES OF THE 
              CUSTOMS SERVICE.

    (a) Study.--The Commissioner of Customs shall conduct a study of 
current personnel practices of the Customs Service, including an 
overview of performance standards and the effect and impact of the 
collective bargaining process on drug interdiction efforts of the 
Customs Service and a comparison of duty rotation policies of the 
Customs Service and other Federal agencies that employ similarly-
situated personnel.
    (b) Report.--Not later than 120 days after the date of enactment of 
this Act, the Commissioner of Customs shall submit to the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate a report containing the results of the study 
conducted under subsection (a).

SEC. 923. STUDY AND REPORT RELATING TO ACCOUNTING AND AUDITING 
              PROCEDURES OF THE CUSTOMS SERVICE.

    (a) Study.--(1) The Commissioner of Customs shall conduct a study 
of actions by the Customs Service to ensure that appropriate training 
is being provided to Customs Service personnel who are responsible for 
financial auditing of importers.
    (2) In conducting the study, the Commissioner--
            (A) shall specifically identify those actions taken to 
        comply with provisions of law that protect the privacy and 
        trade secrets of importers, such as section 552(b) of title 5, 
        United States Code, and section 1905 of title 18, United States 
        Code; and
            (B) shall provide for public notice and comment relating to 
        verification of the actions described in subparagraph (A).
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Commissioner of Customs shall submit to the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate a report containing the results of the study 
conducted under subsection (a).

SEC. 924. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; 
              REPORTS.

    (a) Establishment and Implementation.--
            (1) In general.--Not later than September 30, 2003, the 
        Commissioner of Customs shall, in accordance with the audit of 
        the Customs Service's fiscal years 2000 and 1999 financial 
        statements (as contained in the report of the Office of the 
        Inspector General of the Department of the Treasury issued on 
        February 23, 2001), establish and implement a cost accounting 
        system for expenses incurred in both commercial and 
        noncommercial operations of the Customs Service.
            (2) Additional requirement.--The cost accounting system 
        described in paragraph (1) shall provide for an identification 
        of expenses based on the type of operation, the port at which 
        the operation took place, the amount of time spent on the 
        operation by personnel of the Customs Service, and an 
        identification of expenses based on any other appropriate 
        classification necessary to provide for an accurate and 
        complete accounting of the expenses.
    (b) Reports.--Beginning on the date of enactment of this Act and 
ending on the date on which the cost accounting system described in 
subsection (a) is fully implemented, the Commissioner of Customs shall 
prepare and submit to Congress on a quarterly basis a report on the 
progress of implementing the cost accounting system pursuant to 
subsection (a).

SEC. 925. STUDY AND REPORT RELATING TO TIMELINESS OF PROSPECTIVE 
              RULINGS.

    (a) Study.--The Comptroller General shall conduct a study on the 
extent to which the Office of Regulations and Rulings of the Customs 
Service has made improvements to decrease the amount of time to issue 
prospective rulings from the date on which a request for the ruling is 
received by the Customs Service.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on Ways 
and Means of the House of Representatives and the Committee on Finance 
of the Senate a report containing the results of the study conducted 
under subsection (a).
    (c) Definition.--In this section, the term ``prospective ruling'' 
means a ruling that is requested by an importer on goods that are 
proposed to be imported into the United States and that relates to the 
proper classification, valuation, or marking of such goods.

SEC. 926. STUDY AND REPORT RELATING TO CUSTOMS USER FEES.

    (a) Study.--The Comptroller General shall conduct a study on the 
extent to which the amount of each customs user fee imposed under 
section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c(a)) is commensurate with the level of services 
provided by the Customs Service relating to the fee so imposed.
    (b) Report.--Not later than 120 days after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on Ways 
and Means of the House of Representatives and the Committee on Finance 
of the Senate a report in classified form containing--
            (1) the results of the study conducted under subsection 
        (a); and
            (2) recommendations for the appropriate amount of the 
        customs user fees if such results indicate that the fees are 
        not commensurate with the level of services provided by the 
        Customs Service.

                  CHAPTER 4--ANTITERRORISM PROVISIONS

SEC. 931. EMERGENCY ADJUSTMENTS TO OFFICES, PORTS OF ENTRY, OR STAFFING 
              OF THE CUSTOMS SERVICE.

    Section 318 of the Tariff Act of 1930 (19 U.S.C. 1318) is amended--
            (1) by striking ``Whenever the President'' and inserting 
        ``(a) Whenever the President''; and
            (2) by adding at the end the following:
    ``(b)(1) Notwithstanding any other provision of law, the Secretary 
of the Treasury, when necessary to respond to a national emergency 
declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) or 
to a specific threat to human life or national interests, is authorized 
to take the following actions on a temporary basis:
            ``(A) Eliminate, consolidate, or relocate any office or 
        port of entry of the Customs Service.
            ``(B) Modify hours of service, alter services rendered at 
        any location, or reduce the number of employees at any 
        location.
            ``(C) Take any other action that may be necessary to 
        directly respond to the national emergency or specific threat.
    ``(2) Notwithstanding any other provision of law, the Commissioner 
of Customs, when necessary to respond to a specific threat to human 
life or national interests, is authorized to close temporarily any 
Customs office or port of entry or take any other lesser action that 
may be necessary to respond to the specific threat.
    ``(3) The Secretary of the Treasury or the Commissioner of Customs, 
as the case may be, shall notify the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate not 
later than 72 hours after taking any action under paragraph (1) or 
(2).''.

SEC. 932. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO AND 
              PASSENGERS.

    (a) Cargo Information.--
            (1) In general.--Section 431(b) of the Tariff Act of 1930 
        (19 U.S.C. 1431(b)) is amended--
                    (A) in the first sentence, by striking ``Any 
                manifest'' and inserting ``(1) Any manifest''; and
                    (B) by adding at the end the following:
    ``(2) In addition to any other requirement under this section, for 
each land, air, or vessel carrier required to make entry or obtain 
clearance under the customs laws of the United States, the pilot, the 
master, operator, or owner of such carrier (or the authorized agent of 
such operator or owner) shall provide by electronic transmission cargo 
manifest information in advance of such entry or clearance in such 
manner, time, and form as prescribed under regulations by the 
Secretary. The Secretary may exclude any class of land, air, or vessel 
carrier for which the Secretary concludes the requirements of this 
subparagraph are not necessary.''.
            (2) Conforming amendments.--Subparagraphs (A) and (C) of 
        section 431(d)(1) of such Act are each amended by inserting 
        before the semicolon ``or subsection (b)(2)''.
    (b) Passenger Information.--Part II of title IV of the Tariff Act 
of 1930 (19 U.S.C. 1431 et seq.) is amended by inserting after section 
431 the following:

``SEC. 432. PASSENGER AND CREW MANIFEST INFORMATION REQUIRED FOR LAND, 
              AIR, OR VESSEL CARRIERS.

    ``(a) In General.--For every person arriving or departing on a 
land, air, or vessel carrier required to make entry or obtain clearance 
under the customs laws of the United States, the pilot, the master, 
operator, or owner of such carrier (or the authorized agent of such 
operator or owner) shall provide by electronic transmission manifest 
information described in subsection (b) in advance of such entry or 
clearance in such manner, time, and form as prescribed under 
regulations by the Secretary.
    ``(b) Information Described.--The information described in this 
subsection shall include for each person described in subsection (a), 
the person's--
            ``(1) full name;
            ``(2) date of birth and citizenship;
            ``(3) gender;
            ``(4) passport number and country of issuance;
            ``(5) United States visa number or resident alien card 
        number, as applicable;
            ``(6) passenger name record; and
            ``(7) such additional information that the Secretary, by 
        regulation, determines is reasonably necessary to ensure 
        aviation and maritime safety pursuant to the laws enforced or 
        administered by the Customs Service.''.
    (c) Definition.--Section 401 of the Tariff Act of 1930 (19 U.S.C. 
1401) is amended by adding at the end the following:
    ``(t) The term `land, air, or vessel carrier' means a land, air, or 
vessel carrier, as the case may be, that transports goods or passengers 
for payment or other consideration, including money or services 
rendered.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect beginning 45 days after the date of enactment of this Act.

SEC. 933. BORDER SEARCH AUTHORITY FOR CERTAIN CONTRABAND IN OUTBOUND 
              MAIL.

    The Tariff Act of 1930 is amended by inserting after section 582 
the following:

``SEC. 583. EXAMINATION OF OUTBOUND MAIL.

    ``(a) Examination.--
            ``(1) In general.--For purposes of ensuring compliance with 
        the Customs laws of the United States and other laws enforced 
        by the Customs Service, including the provisions of law 
        described in paragraph (2), a Customs officer may, subject to 
        the provisions of this section, stop and search at the border, 
        without a search warrant, mail of domestic origin transmitted 
        for export by the United States Postal Service and foreign mail 
        transiting the United States that is being imported or exported 
        by the United States Postal Service.
            ``(2) Provisions of law described.--The provisions of law 
        described in this paragraph are the following:
                    ``(A) Section 5316 of title 31, United States Code 
                (relating to reports on exporting and importing 
                monetary instruments).
                    ``(B) Sections 1461, 1463, 1465, and 1466 and 
                chapter 110 of title 18, United States Code (relating 
                to obscenity and child pornography).
                    ``(C) Section 1003 of the Controlled Substances 
                Import and Export Act (21 U.S.C. 953; relating to 
                exportation of controlled substances).
                    ``(D) The Export Administration Act of 1979 (50 
                U.S.C. app. 2401 et seq.).
                    ``(E) Section 38 of the Arms Export Control Act (22 
                U.S.C. 2778).
                    ``(F) The International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.).
    ``(b) Search of Mail Not Sealed Against Inspection and Other 
Mail.--Mail not sealed against inspection under the postal laws and 
regulations of the United States, mail which bears a customs 
declaration, and mail with respect to which the sender or addressee has 
consented in writing to search, may be searched by a Customs officer.
    ``(c) Search of Mail Sealed Against Inspection.--(1) Mail sealed 
against inspection under the postal laws and regulations of the United 
States may be searched by a Customs officer, subject to paragraph (2), 
upon reasonable cause to suspect that such mail contains one or more of 
the following:
            ``(A) Monetary instruments, as defined in section 1956 of 
        title 18, United States Code.
            ``(B) A weapon of mass destruction, as defined in section 
        2332a(b) of title 18, United States Code.
            ``(C) A drug or other substance listed in schedule I, II, 
        III, or IV in section 202 of the Controlled Substances Act (21 
        U.S.C. 812).
            ``(D) National defense and related information transmitted 
        in violation of any of sections 793 through 798 of title 18, 
        United States Code.
            ``(E) Merchandise mailed in violation of section 1715 or 
        1716 of title 18, United States Code.
            ``(F) Merchandise mailed in violation of any provision of 
        chapter 71 (relating to obscenity) or chapter 110 (relating to 
        sexual exploitation and other abuse of children) of title 18, 
        United States Code.
            ``(G) Merchandise mailed in violation of the Export 
        Administration Act of 1979 (50 U.S.C. app. 2401 et seq.).
            ``(H) Merchandise mailed in violation of section 38 of the 
        Arms Export Control Act (22 U.S.C. 2778).
            ``(I) Merchandise mailed in violation of the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
            ``(J) Merchandise mailed in violation of the Trading with 
        the Enemy Act (50 U.S.C. app. 1 et seq.).
            ``(K) Merchandise subject to any other law enforced by the 
        Customs Service.
    ``(2) No person acting under authority of paragraph (1) shall read, 
or authorize any other person to read, any correspondence contained in 
mail sealed against inspection unless prior to so reading--
            ``(A) a search warrant has been issued pursuant to Rule 41, 
        Federal Rules of Criminal Procedure; or
            ``(B) the sender or addressee has given written 
        authorization for such reading.''.

SEC. 934. AUTHORIZATION OF APPROPRIATIONS FOR REESTABLISHMENT OF 
              CUSTOMS OPERATIONS IN NEW YORK CITY.

    (a) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated for 
        the reestablishment of operations of the Customs Service in New 
        York, New York, such sums as may be necessary for fiscal year 
        2002.
            (2) Operations described.--The operations referred to in 
        paragraph (1) include, but are not limited to, the following:
                    (A) Operations relating to the Port Director of New 
                York City, the New York Customs Management Center 
                (including the Director of Field Operations), and the 
                Special Agent-In-Charge for New York.
                    (B) Commercial operations, including textile 
                enforcement operations and salaries and expenses of--
                            (i) trade specialists who determine the 
                        origin and value of merchandise;
                            (ii) analysts who monitor the entry data 
                        into the United States of textiles and textile 
                        products; and
                            (iii) Customs officials who work with 
                        foreign governments to examine textile makers 
                        and verify entry information.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.

              CHAPTER 5--TEXTILE TRANSSHIPMENT PROVISIONS

SEC. 941. GAO AUDIT OF TEXTILE TRANSSHIPMENT MONITORING BY CUSTOMS 
              SERVICE.

    (a) GAO Audit.--The Comptroller General of the United States shall 
conduct an audit of the system established and carried out by the 
Customs Service to monitor textile transshipment.
    (b) Report.--Not later than 9 months after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on Ways 
and Means of the House of Representatives and Committee on Finance of 
the Senate a report that contains the results of the study conducted 
under subsection (a), including recommendations for improvements to the 
transshipment monitoring system if applicable.
    (c) Transshipment Described.--Transshipment within the meaning of 
this section has occurred when preferential treatment under any 
provision of law has been claimed for a textile or apparel article on 
the basis of material false information concerning the country of 
origin, manufacture, processing, or assembly of the article or any of 
its components. For purposes of the preceding sentence, false 
information is material if disclosure of the true information would 
mean or would have meant that the article is or was ineligible for 
preferential treatment under the provision of law in question.

SEC. 942. AUTHORIZATION OF APPROPRIATIONS FOR TEXTILE TRANSSHIPMENT 
              ENFORCEMENT OPERATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated for 
        textile transshipment enforcement operations of the Customs 
        Service $9,500,000 for fiscal year 2002.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.
    (b) Use of Funds.--Of the amount appropriated pursuant to the 
authorization of appropriations under subsection (a), the following 
amounts are authorized to be made available for the following purposes:
            (1) Import specialists.--$1,463,000 for 21 Customs import 
        specialists to be assigned to selected ports for documentation 
        review to support detentions and exclusions and 1 additional 
        Customs import specialist assigned to the Customs headquarters 
        textile program to administer the program and provide 
        oversight.
            (2) Inspectors.--$652,080 for 10 Customs inspectors to be 
        assigned to selected ports to examine targeted high-risk 
        shipments.
            (3) Investigators.--(A) $1,165,380 for 10 investigators to 
        be assigned to selected ports to investigate instances of 
        smuggling, quota and trade agreement circumvention, and use of 
        counterfeit visas to enter inadmissible goods.
            (B) $149,603 for 1 investigator to be assigned to Customs 
        headquarters textile program to coordinate and ensure 
        implementation of textile production verification team results 
        from an investigation perspective.
            (4) International trade specialists.--$226,500 for 3 
        international trade specialists to be assigned to Customs 
        headquarters to be dedicated to illegal textile transshipment 
        policy issues and other free trade agreement enforcement 
        issues.
            (5) Permanent import specialists for hong kong.--$500,000 
        for 2 permanent import specialist positions and $500,000 for 2 
        investigators to be assigned to Hong Kong to work with Hong 
        Kong and other government authorities in Southeast Asia to 
assist such authorities pursue proactive enforcement of bilateral trade 
agreements.
            (6) Various permanent trade positions.--$3,500,000 for the 
        following:
                    (A) 2 permanent positions to be assigned to the 
                Customs attache office in Central America to address 
                trade enforcement issues for that region.
                    (B) 2 permanent positions to be assigned to the 
                Customs attache office in South Africa to address trade 
                enforcement issues pursuant to the African Growth and 
                Opportunity Act (title I of Public Law 106-200).
                    (C) 4 permanent positions to be assigned to the 
                Customs attache office in Mexico to address the threat 
                of illegal textile transshipment through Mexico and 
                other related issues under the North American Free 
                Trade Agreement Act.
                    (D) 2 permanent positions to be assigned to the 
                Customs attache office in Seoul, South Korea, to 
                address the trade issues in the geographic region.
                    (E) 2 permanent positions to be assigned to the 
                proposed Customs attache office in New Delhi, India, to 
                address the threat of illegal textile transshipment and 
                other trade enforcement issues.
                    (F) 2 permanent positions to be assigned to the 
                Customs attache office in Rome, Italy, to address trade 
                enforcement issues in the geographic region, including 
                issues under free trade agreements with Jordan and 
                Israel.
            (7) Attorneys.--$179,886 for 2 attorneys for the Office of 
        the Chief Counsel of the Customs Service to pursue cases 
        regarding illegal textile transshipment.
            (8) Auditors.--$510,000 for 6 Customs auditors to perform 
        internal control reviews and document and record reviews of 
        suspect importers.
            (9) Additional travel funds.--$250,000 for deployment of 
        additional textile production verification teams to sub-Saharan 
        Africa.
            (10) Training.--(A) $75,000 for training of Customs 
        personnel.
            (B) $200,000 for training for foreign counterparts in risk 
        management analytical techniques and for teaching factory 
        inspection techniques, model law Development, and enforcement 
        techniques.
            (11) Outreach.--$60,000 for outreach efforts to United 
        States importers.

SEC. 943. IMPLEMENTATION OF THE AFRICAN GROWTH AND OPPORTUNITY ACT.

    Of the amount made available for fiscal year 2002 under section 
301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of 
1978 (19 U.S.C. 2075(b)(2)(A)), as amended by section 901(b)(1) of this 
title, $1,317,000 shall be available until expended for the Customs 
Service to provide technical assistance to help sub-Saharan Africa 
countries develop and implement effective visa and anti-transshipment 
systems as required by the African Growth and Opportunity Act (title I 
of Public Law 106-200), as follows:
            (1) Travel funds.--$600,000 for import specialists, special 
        agents, and other qualified Customs personnel to travel to sub-
        Saharan Africa countries to provide technical assistance in 
        developing and implementing effective visa and anti-
        transshipment systems.
            (2) Import specialists.--$266,000 for 4 import specialists 
        to be assigned to Customs headquarters to be dedicated to 
        providing technical assistance to sub-Saharan African countries 
        for developing and implementing effective visa and anti-
        transshipment systems.
            (3) Data reconciliation analysts.--$151,000 for 2 data 
        reconciliation analysts to review apparel shipments.
            (4) Special agents.--$300,000 for 2 special agents to be 
        assigned to Customs headquarters to be available to provide 
        technical assistance to sub-Saharan African countries in the 
        performance of investigations and other enforcement 
        initiatives.

      Subtitle B--Office of the United States Trade Representative

SEC. 951. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 141(g)(1) of the Trade Act of 1974 (19 
U.S.C. 2171(g)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``not to exceed'';
                    (B) in clause (i) to read as follows:
            ``(i) $30,000,000 for fiscal year 2002.''; and
                    (C) in clause (ii) to read as follows:
            ``(ii) $31,000,000 for fiscal year 2003.''; and
            (2) in subparagraph (B)--
                    (A) in clause (i), by adding ``and'' at the end;
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii).
    (b) Submission of Out-Year Budget Projections.--Section 141(g) of 
the Trade Act of 1974 (19 U.S.C. 2171(g)) is amended by adding at the 
end the following:
    ``(3) By not later than the date on which the President submits to 
Congress the budget of the United States Government for a fiscal year, 
the United States Trade Representative shall submit to the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate the projected amount of funds for the succeeding 
fiscal year that will be necessary for the Office to carry out its 
functions.''.
    (c) Additional Staff for Office of Assistant U.S. Trade 
Representative for Congressional Affairs.--
            (1) In general.--There is authorized to be appropriated 
        such sums as may be necessary for fiscal year 2002 for the 
        salaries and expenses of two additional legislative specialist 
        employee positions within the Office of the Assistant United 
        States Trade Representative for Congressional Affairs.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
authorized to remain available until expended.

        Subtitle C--United States International Trade Commission

SEC. 961. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 330(e)(2)(A) of the Tariff Act of 1930 (19 
U.S.C. 1330(e)(2)) is amended--
            (1) in clause (i) to read as follows:
            ``(i) $51,400,000 for fiscal year 2002.''; and
            (2) in clause (ii) to read as follows:
            ``(ii) $53,400,000 for fiscal year 2003.''.
    (b) Submission of Out-Year Budget Projections.--Section 330(e) of 
the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended by adding at 
the end the following:
    ``(4) By not later than the date on which the President submits to 
Congress the budget of the United States Government for a fiscal year, 
the Commission shall submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate the 
projected amount of funds for the succeeding fiscal year that will be 
necessary for the Commission to carry out its functions.''.

                   Subtitle D--Other Trade Provisions

SEC. 971. INCREASE IN AGGREGATE VALUE OF ARTICLES EXEMPT FROM DUTY 
              ACQUIRED ABROAD BY UNITED STATES RESIDENTS.

    (a) In General.--Subheading 9804.00.65 of the Harmonized Tariff 
Schedule of the United States is amended in the article description 
column by striking ``$400'' and inserting ``$800''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 90 days after the date of enactment of this Act.

SEC. 972. REGULATORY AUDIT PROCEDURES.

    Section 509(b) of the Tariff Act of 1930 (19 U.S.C. 1509(b)) is 
amended by adding at the end the following:
            ``(6)(A) If during the course of any audit concluded under 
        this subsection, the Customs Service identifies overpayments of 
        duties or fees or over-declarations of quantities or values 
        that are within the time period and scope of the audit that the 
        Customs Service has defined, then in calculating the loss of 
        revenue or monetary penalties under section 592, the Customs 
        Service shall treat the overpayments or over-declarations on 
        finally liquidated entries as an offset to any underpayments or 
        underdeclarations also identified on finally liquidated entries 
        if such overpayments or over-declarations were not made by the 
        person being audited for the purpose of violating any provision 
        of law.
            ``(B) Nothing in this paragraph shall be construed to 
        authorize a refund not otherwise authorized under section 
        520.''.

                      Subtitle E--Sense of Senate

SEC. 981. SENSE OF SENATE.

    It is the sense of the Senate that fees collected for certain 
customs services (commonly referred to as ``customs user fees'') 
provided for in section 13031 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c) may be used only for the 
operations and programs of the United States Customs Service.

                   TITLE X--MISCELLANEOUS PROVISIONS

SEC. 1001. COUNTRY OF ORIGIN LABELING OF FISH AND SHELLFISH PRODUCTS.

    (a) Definitions.--In this section:
            (1) Covered commodity.--The term ``covered commodity'' 
        means--
                    (A) a perishable agricultural commodity; and
                    (B) any fish or shellfish, and any fillet, steak, 
                nugget, or any other flesh from fish or shellfish, 
                whether fresh, chilled, frozen, canned, smoked, or 
                otherwise preserved.
            (2) Food service establishment.--The term ``food service 
        establishment'' means a restaurant, cafeteria, lunch room, food 
        stand, saloon, tavern, bar, lounge, or other similar facility 
        operated as an enterprise engaged in the business of selling 
        food to the public.
            (3) Perishable agricultural commodity; retailer.--The terms 
        ``perishable agricultural commodity'' and ``retailer'' have the 
        meanings given the terms in section 1(b) of the Perishable 
        Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Agricultural Marketing 
        Service.
    (b) Notice of Country of Origin.--
            (1) Requirement.--Except as provided in paragraph (3), a 
        retailer of a covered commodity shall inform consumers, at the 
        final point of sale of the covered commodity to consumers, of 
        the country of origin of the covered commodity.
            (2) United states country of origin.--A retailer of a 
        covered commodity may designate the covered commodity as having 
        a United States country of origin only if the covered commodity 
        is exclusively harvested and processed in the United States, or 
        in the case of farm-raised fish and shellfish, is hatched, 
        raised, harvested, and processed in the United States.
            (3) Exemption for food service establishments.--Paragraph 
        (1) shall not apply to a covered commodity if the covered 
        commodity is prepared or served in a food service 
        establishment, and--
                    (A) offered for sale or sold at the food service 
                establishment in normal retail quantities; or
                    (B) served to consumers at the food service 
                establishment.
    (c) Method of Notification.--
            (1) In general.--The information required by subsection (b) 
        may be provided to consumers by means of a label, stamp, mark, 
        placard, or other clear and visible sign on the covered 
        commodity or on the package, display, holding unit, or bin 
        containing the covered commodity at the final point of sale to 
        consumers.
            (2) Labeled commodities.--If the covered commodity is 
        already individually labeled for retail sale regarding country 
        of origin, the retailer shall not be required to provide any 
        additional information to comply with this section.
    (d) Audit Verification System.--The Secretary may require that any 
person that prepares, stores, handles, or distributes a covered 
commodity for retail sale maintain a verifiable recordkeeping audit 
trail that will permit the Secretary to ensure compliance with the 
regulations promulgated under subsection (g).
    (e) Information.--Any person engaged in the business of supplying a 
covered commodity to a retailer shall provide information to the 
retailer indicating the country of origin of the covered commodity.
    (f) Enforcement.--
            (1) In general.--Each Federal agency having jurisdiction 
        over retailers of covered commodities shall, at such time as 
        the necessary regulations are adopted under subsection (g), 
        adopt measures intended to ensure that the requirements of this 
        section are followed by affected retailers.
            (2) Violation.--A violation of subsection (b) shall be 
        treated as a violation under the Agricultural Marketing Act of 
        1946 (7 U.S.C. 1621 et seq.).
    (g) Regulations.--
            (1) In general.--The Secretary may promulgate such 
        regulations as are necessary to carry out this section within 1 
        year after the date of enactment of this Act.
            (2) Partnerships with states.--In promulgating the 
        regulations, the Secretary shall, to the maximum extent 
        practicable, enter into partnerships with States that have the 
        enforcement infrastructure necessary to carry out this section.
    (h) Application.--This section shall apply to the retail sale of a 
covered commodity beginning on the date that is 180 days after the date 
of enactment of this Act.

SEC. 1002. SUGAR POLICY.

    (a) Findings.--Congress finds that--
            (1) the tariff-rate quotas imposed on imports of sugar, 
        syrups and sugar-containing products under chapters 17, 18, 19, 
        and 21 of the Harmonized Tariff Schedule of the United States 
        are an essential element of United States sugar policy;
            (2) circumvention of the tariff-rate quotas will, if 
        unchecked, make it impossible to achieve the objectives of 
        United States sugar policy;
            (3) the tariff-rate quotas have been circumvented 
        frequently, defeating the purposes of United States sugar 
        policy and causing disruption to the United States market for 
        sweeteners, injury to domestic growers, refiners, and 
        processors of sugar, and adversely affecting legitimate 
        exporters of sugar to the United States;
            (4) it is essential to United States sugar policy that the 
        tariff-rate quotas be enforced and that deceptive practices be 
        prevented, including the importation of products with no 
        commercial use and failure to disclose all relevant information 
        to the United States Customs Service; and
            (5) unless action is taken to prevent circumvention, 
        circumvention of the tariff-rate quotas will continue and will 
        ultimately destroy United States sugar policy.
    (b) Policy.--It is the policy of the United States to maintain the 
integrity of the tariff-rate quotas on sugars, syrups, and sugar-
containing products by stopping circumvention as soon as it becomes 
apparent. It is also the policy of the United States that products not 
used to circumvent the tariff-rate quotas, such as molasses used for 
animal feed or for rum, not be affected by any action taken pursuant to 
this Act.
    (c) Identification of Imports.--
            (1) Identification.--Not later than 30 days after the date 
        of enactment of this Act, and on a regular basis thereafter, 
        the Secretary of Agriculture shall--
                    (A) identify imports of articles that are 
                circumventing tariff-rate quotas on sugars, syrups, or 
                sugar-containing products imposed under chapter 17, 18, 
                19, or 21 of the Harmonized Tariff Schedule of the 
                United States; and
                    (B) report to the President the articles found to 
                be circumventing the tariff-rate quotas.
            (2) Action by president.--Upon receiving the report from 
        the Secretary of Agriculture, the President shall, by 
        proclamation, include any article identified by the Secretary 
        in the appropriate tariff-rate quota provision of the 
        Harmonized Tariff Schedule.

                                                       Calendar No. 313

107th CONGRESS

  2d Session

                                S. 1209

                          [Report No. 107-134]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            February 4, 2002

                       Reported with an amendment
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