II

107TH CONGRESS

1ST SESSION S. 1209

To amend the Trade Act of 1974 to consolidate and improve the trade

adjustment assistance programs, to provide community-based economic

development assistance for trade-affected communities, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JULY 19, 2001

Mr. BINGAMAN (for himself, Mr. BAUCUS, Mr. DASCHLE, Mr. CONRAD, Mr.

ROCKEFELLER, Mr. BREAUX, Mr. KERRY, Mr. TORRICELLI, Mrs. LINCOLN, Mr. JEFFORDS, Mr. BAYH, Mr. DAYTON, and Mr. LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Trade Act of 1974 to consolidate and improve

the trade adjustment assistance programs, to provide

community-based economic development assistance for

trade-affected communities, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Trade Adjustment Assistance for Workers, Farmers,

6 Communities, and Firms Act of 2001’’.
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1 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

TITLE I—TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Sec. 101. Adjustment assistance for workers.

Sec. 102. 50 percent refundable tax credit toward premiums for COBRA continuation coverage.

TITLE II—TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

Sec. 201. Reauthorization of program.

TITLE III—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

Sec. 301. Purpose.

Sec. 302. Trade adjustment assistance for communities.

TITLE IV—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

Sec. 401. Trade adjustment assistance for farmers.

TITLE V—CONFORMING AMENDMENTS AND EFFECTIVE DATE

Sec. 501. Conforming amendments.

TITLE VI—SAVINGS PROVISIONS AND EFFECTIVE DATE

Sec. 601. Savings provisions.

Sec. 602. Effective date.

2 TITLE I—TRADE ADJUSTMENT

3 ASSISTANCE FOR WORKERS

4 SEC. 101. ADJUSTMENT ASSISTANCE FOR WORKERS.

5 Chapter 2 of title II of the Trade Act of 1974 (19

6 U.S.C. 2271 et seq.) is amended to read as follows:

7 ‘‘CHAPTER 2—ADJUSTMENT ASSISTANCE

8 FOR WORKERS

9 ‘‘Subchapter A—General Provisions

10 ‘‘SEC. 221. DEFINITIONS.

11 ‘‘In this chapter:

12 ‘‘(1) ADDITIONAL COMPENSATION.—The term

13 ‘additional compensation’ has the meaning given
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1 that term in section 205(3) of the Federal-State Ex2 tended Unemployment Compensation Act of 1970

3 (26 U.S.C. 3304 note).

4 ‘‘(2) ADVERSELY AFFECTED EMPLOYMENT.—

5 The term ‘adversely affected employment’ means

6 employment in a firm or appropriate subdivision of

7 a firm, if workers of that firm or subdivision are eli8 gible to apply for adjustment assistance under this

9 chapter.

10 ‘‘(3) ADVERSELY AFFECTED WORKER.—

11 ‘‘(A) IN GENERAL.—The term ‘adversely

12 affected worker’ means a worker who is a mem13 ber of a group of workers certified by the Sec14 retary under section 231(a)(1) as eligible for

15 trade adjustment assistance.

16 ‘‘(B) ADVERSELY AFFECTED SECONDARY

17 WORKER.—The term ‘adversely affected worker’

18 includes an adversely affected secondary worker

19 who is a member of a group of workers em20 ployed at a downstream producer or a supplier,

21 that is certified by the Secretary under section

22 231(a)(2) as eligible for trade adjustment as23 sistance.

24 ‘‘(4) AVERAGE WEEKLY HOURS.—The term ‘av25 erage weekly hours’ means the average hours worked
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1 by a worker (excluding overtime) in the employment

2 from which the worker has been or claims to have

3 been separated in the 52 weeks (excluding weeks

4 during which the worker was on leave for purposes

5 of vacation, sickness, maternity, military service, or

6 any other employer-authorized leave) preceding the

7 week specified in paragraph (5)(B)(ii).

8 ‘‘(5) AVERAGE WEEKLY WAGE.—

9 ‘‘(A) IN GENERAL.—The term ‘average

weekly wage’ means 1 10 ⁄13 of the total wages paid

11 to an individual in the high quarter.

12 ‘‘(B) DEFINITIONS.—For purposes of com13 puting the average weekly wage—

14 ‘‘(i) the term ‘high quarter’ means the

15 quarter in which the individual’s total

16 wages were highest among the first 4 of

17 the last 5 completed calendar quarters im18 mediately before the quarter in which oc19 curs the week with respect to which the

20 computation is made; and

21 ‘‘(ii) the term ‘week’ means the week

22 in which total separation occurred, or, in

23 cases where partial separation is claimed,

24 an appropriate week, as defined in regula25 tions prescribed by the Secretary.
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1 ‘‘(6) BENEFIT PERIOD.—The term ‘benefit pe2 riod’ means, with respect to an individual, the fol3 lowing:

4 ‘‘(A) STATE LAW.—The benefit year and

5 any ensuing period, as determined under appli6 cable State law, during which the individual is

7 eligible for regular compensation, additional

8 compensation, or extended compensation.

9 ‘‘(B) FEDERAL LAW.—The equivalent to

10 the benefit year or ensuing period provided for

11 under the applicable Federal unemployment in12 surance law.

13 ‘‘(7) BENEFIT YEAR.—The term ‘benefit year’

14 has the same meaning given that term in the Fed15 eral-State Extended Unemployment Compensation

16 Act of 1970 (26 U.S.C. 3304 note).

17 ‘‘(8) CONTRIBUTED IMPORTANTLY.—The term

18 ‘contributed importantly’ means a cause that is im19 portant but not necessarily more important than any

20 other cause.

21 ‘‘(9) COOPERATING STATE.—The term ‘cooper22 ating State’ means any State that has entered into

23 an agreement with the Secretary under section 222.

24 ‘‘(10) DOWNSTREAM PRODUCER.—The term

25 ‘downstream producer’ means a firm that performs
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1 additional, value-added production processes, includ2 ing a firm that performs final assembly, finishing,

3 or packaging of articles produced by another firm.

4 ‘‘(11) EXTENDED COMPENSATION.—The term

5 ‘extended compensation’ has the meaning given that

6 term in section 205(4) of the Federal-State Ex7 tended Unemployment Compensation Act of 1970

8 (26 U.S.C. 3304 note).

9 ‘‘(12) JOB FINDING CLUB.—The term ‘job find10 ing club’ means a job search workshop which in11 cludes a period of structured, supervised activity in

12 which participants attempt to obtain jobs.

13 ‘‘(13) JOB SEARCH PROGRAM.—The term ‘job

14 search program’ means a job search workshop or job

15 finding club.

16 ‘‘(14) JOB SEARCH WORKSHOP.—The term ‘job

17 search workshop’ means a short (1- to 3-day) sem18 inar, covering subjects such as labor market infor19 mation, re ́sume ́ writing, interviewing techniques, and

20 techniques for finding job openings, that is designed

21 to provide participants with knowledge that will en22 able the participants to find jobs.

23 ‘‘(15) ON-THE-JOB TRAINING.—The term ‘on24 the-job training’ means training provided by an em-
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1 ployer to an individual who is employed by the em2 ployer.

3 ‘‘(16) PARTIAL SEPARATION.—A partial separa4 tion shall be considered to exist with respect to an

5 individual if—

6 ‘‘(A) the individual has had a 20-percent

7 or greater reduction in the average weekly

8 hours worked by that individual in adversely af9 fected employment; and

10 ‘‘(B) the individual has had a 20-percent

11 or greater reduction in the average weekly wage

12 of the individual with respect to adversely af13 fected employment.

14 ‘‘(17) REGULAR COMPENSATION.—The term

15 ‘regular compensation’ has the meaning given that

16 term in section 205(2) of the Federal-State Ex17 tended Unemployment Compensation Act of 1970

18 (26 U.S.C. 3304 note).

19 ‘‘(18) SECRETARY.—The term ‘Secretary’

20 means the Secretary of Labor.

21 ‘‘(19) STATE.—The term ‘State’ includes each

22 State of the United States, the District of Columbia,

23 and the Commonwealth of Puerto Rico.
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1 ‘‘(20) STATE AGENCY.—The term ‘State agen2 cy’ means the agency of the State that administers

3 the State law.

4 ‘‘(21) STATE LAW.—The term ‘State law’

5 means the unemployment insurance law of the State

6 approved by the Secretary under section 3304 of the

7 Internal Revenue Code of 1986.

8 ‘‘(22) SUPPLIER.—The term ‘supplier’ means a

9 firm that produces component parts for, or articles

10 considered to be a part of, the production process

11 for articles produced by a firm or subdivision cov12 ered by a certification of eligibility under section

13 231. The term ‘supplier’ also includes a firm that

14 provides services under contract to a firm or subdivi15 sion covered by such certification.

16 ‘‘(23) TOTAL SEPARATION.—The term ‘total

17 separation’ means the layoff or severance of an indi18 vidual from employment with a firm in which or in

19 a subdivision of which, adversely affected employ20 ment exists.

21 ‘‘(24) UNEMPLOYMENT INSURANCE.—The term

22 ‘unemployment insurance’ means the unemployment

23 compensation payable to an individual under any

24 State law or Federal unemployment compensation

25 law, including chapter 85 of title 5, United States
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1 Code, and the Railroad Unemployment Insurance

2 Act (45 U.S.C. 351 et seq.).

3 ‘‘(25) WEEK.—Except as provided in paragraph

4 5(B)(ii), the term ‘week’ means a week as defined

5 in the applicable State law.

6 ‘‘(26) WEEK OF UNEMPLOYMENT.—The term

7 ‘week of unemployment’ means a week of total, part8 total, or partial unemployment as determined under

9 the applicable State law or Federal unemployment

10 insurance law.

11 ‘‘SEC. 222. AGREEMENTS WITH STATES.

12 ‘‘(a) IN GENERAL.—The Secretary is authorized on

13 behalf of the United States to enter into an agreement

14 with any State to facilitate the provision of services under

15 this chapter.

16 ‘‘(b) TERMS OF AGREEMENTS.—

17 ‘‘(1) IN GENERAL.—Any agreement entered

18 into under subsection (a) shall require that the deliv19 ery of services under this chapter take place under

20 title I of the Workforce Investment Act of 1998 (29

21 U.S.C. 2801 et seq.), upon terms and conditions as

22 are established by the Secretary in consultation with

23 the State and set forth in the agreement.
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1 ‘‘(2) PROVISIONS OF AGREEMENTS.—Under an

2 agreement entered into under subsection (a), and as

3 an agent of the United States, the State shall—

4 ‘‘(A) facilitate the early filing of petitions

5 under section 231(b) for any group of workers

6 that the State considers are likely to be eligible

7 for benefits under this chapter;

8 ‘‘(B) assist the Secretary in the review of

9 any petition submitted from that State by

10 verifying the information and providing other

11 assistance as the Secretary may request;

12 ‘‘(C) provide to adversely affected workers

13 statewide rapid response activities under section

14 134(a)(2)(A) of the Workforce Investment Act

15 of 1998 (29 U.S.C. 2864(a)(2)(A)) in the same

16 manner and to the same extent as any other

17 worker eligible for those activities;

18 ‘‘(D) arrange for the provision of services

19 through the one-stop delivery system estab20 lished in section 134(c) of the Workforce In21 vestment Act of 1998 (29 U.S.C. 2864(c));

22 ‘‘(E) advise each worker who applies for

23 unemployment insurance of the available bene24 fits under this chapter and the procedures and

25 deadlines for applying for those benefits;
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1 ‘‘(F) receive applications for services under

2 this chapter;

3 ‘‘(G) provide payments on the basis pro4 vided in this chapter;

5 ‘‘(H) afford adversely affected workers the

6 services provided under section 134(d) of the

7 Workforce Investment Act of 1998 (29 U.S.C.

8 2864(d)) in the same manner and to the same

9 extent as any other worker eligible for those

10 services;

11 ‘‘(I) advise each adversely affected worker

12 to apply for training under section 240, and of

13 the deadlines for benefits related to enrollment

14 in training under this chapter;

15 ‘‘(J) ensure that State employees with re16 sponsibility for carrying out an agreement en17 tered into under subsection (a)—

18 ‘‘(i) inform adversely affected workers

19 covered by a certification issued under sec20 tion 231(c) of the workers’ (and individual

21 member’s of the worker’s family) potential

22 eligibility for—

23 ‘‘(I) medical assistance under the

24 medicaid program established under
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1 title XIX of the Social Security Act

2 (42 U.S.C. 1396a et seq.);

3 ‘‘(II) child health assistance

4 under the State children’s health in5 surance program established under

6 title XXI of that Act (42 U.S.C.

7 1397aa et seq.);

8 ‘‘(III) child care services for

9 which assistance is provided under the

10 Child Care and Development Block

11 Grant Act of 1990 (42 U.S.C. 9858 et

12 seq.); and

13 ‘‘(IV) other Federal and State

14 funded health care, child care, trans15 portation, and assistance programs

16 that the workers may be eligible for;

17 and

18 ‘‘(ii) provide such workers with infor19 mation regarding how to apply for such as20 sistance, services, and programs;

21 ‘‘(K) provide adversely affected workers re22 ferral to training under title I of the Workforce

23 Investment Act of 1998 (29 U.S.C. 2801 et

24 seq.), or any other available Federal or State
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1 program designed to assist dislocated workers

2 or unemployed individuals;

3 ‘‘(L) provide services under this chapter

4 using individuals approved by the Secretary to

5 effectively assist workers eligible for assistance

6 under this chapter;

7 ‘‘(M) collect and transmit to the Secretary

8 any data as the Secretary shall reasonably re9 quire to assist the Secretary in assuring the ef10 fective and efficient performance of the pro11 grams carried out under this chapter; and

12 ‘‘(N) otherwise actively cooperate with the

13 Secretary and with other Federal and State

14 agencies in providing payments and services

15 under this chapter, including participation in

16 the performance measurement system estab17 lished by the Secretary under section 224.

18 ‘‘(c) OTHER PROVISIONS.—

19 ‘‘(1) APPROVAL OF PROVIDERS.—The Secretary

20 shall ensure that the services provided by cooper21 ating States are provided by individuals approved by

22 the Secretary to effectively assist workers eligible for

23 assistance under this chapter.

24 ‘‘(2) AMENDMENT, SUSPENSION, OR TERMI25 NATION OF AGREEMENTS.—Each agreement entered
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1 into under this section shall provide the terms and

2 conditions upon which the agreement may be amend3 ed, suspended, or terminated.

4 ‘‘(3) EFFECT ON UNEMPLOYMENT INSUR5 ANCE.—Each agreement entered into under this sec6 tion shall provide that unemployment insurance oth7 erwise payable to any adversely affected worker will

8 not be denied or reduced for any week by reason of

9 any right to payments under this chapter.

10 ‘‘(4) COORDINATION OF WORKFORCE INVEST11 MENT ACTIVITIES.—In order to promote the coordi12 nation of Workforce Investment Act activities in

13 each State with activities carried out under this

14 chapter, each agreement entered into under this sec15 tion shall provide that the State shall submit to the

16 Secretary, in a form as the Secretary may require,

17 the description and information described in para18 graphs (8) and (14) of section 112(b) of the Work19 force Investment Act of 1998 (29 U.S.C. 2822(b)

20 (8) and (14)).

21 ‘‘(d) REVIEW OF STATE DETERMINATIONS.—

22 ‘‘(1) IN GENERAL.—A determination by a co23 operating State regarding entitlement to program

24 benefits under this chapter is subject to review in
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1 the same manner and to the same extent as deter2 minations under the applicable State law.

3 ‘‘(2) APPEAL.—A review undertaken by a co4 operating State under paragraph (1) may be ap5 pealed to the Secretary pursuant to such regulations

6 as the Secretary may prescribe.

7 ‘‘SEC. 223. ADMINISTRATION ABSENT STATE AGREEMENT.

8 ‘‘(a) IN GENERAL.—In any State in which there is

9 no agreement in force under section 222, the Secretary

10 shall arrange, under regulations prescribed by the Sec11 retary, for the performance of all necessary functions

12 under this chapter, including providing a hearing for any

13 worker whose application for payment is denied.

14 ‘‘(b) FINALITY OF DETERMINATION.—A final deter15 mination under subsection (a) regarding entitlement to

16 program benefits under this chapter is subject to review

17 by the courts in the same manner and to the same extent

18 as is provided by section 205(g) of the Social Security Act

19 (42 U.S.C. 405(g)).

20 ‘‘SEC. 224. DATA COLLECTION; EVALUATIONS; REPORTS.

21 ‘‘(a) DATA COLLECTION.—The Secretary shall, pur22 suant to regulations prescribed by the Secretary, collect

23 any data necessary to meet the requirements of this chap24 ter.
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1 ‘‘(b) PERFORMANCE EVALUATIONS.—The Secretary

2 shall establish an effective performance measuring system

3 to evaluate the following:

4 ‘‘(1) PROGRAM PERFORMANCE.—

5 ‘‘(A) speed of petition processing;

6 ‘‘(B) quality of petition processing;

7 ‘‘(C) cost of training programs;

8 ‘‘(D) coordination of programs under this

9 title with programs under the Workforce Invest10 ment Act (29 U.S.C. 2801 et seq.);

11 ‘‘(E) length of time participants take to

12 enter and complete training programs;

13 ‘‘(F) the effectiveness of individual con14 tractors in providing appropriate retraining in15 formation;

16 ‘‘(G) the effectiveness of individual ap17 proved training programs in helping workers

18 obtain employment;

19 ‘‘(H) best practices related to the provision

20 of benefits and retraining; and

21 ‘‘(I) other data to evaluate how individual

22 States are implementing the requirements of

23 this title.

24 ‘‘(2) PARTICIPANT OUTCOMES.—

25 ‘‘(A) reemployment rates;
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1 ‘‘(B) types of jobs in which displaced work2 ers have been placed;

3 ‘‘(C) wage and benefit maintenance results;

4 ‘‘(D) training completion rates; and

5 ‘‘(E) other data to evaluate how effective

6 programs under this chapter are for partici7 pants.

8 ‘‘(3) PROGRAM PARTICIPATION DATA.—

9 ‘‘(A) the number of workers receiving ben10 efits and the type of benefits being received;

11 ‘‘(B) the number of workers enrolled in,

12 and the duration of, training by major types of

13 training; and

14 ‘‘(C) earnings history of workers that re15 flects wages before separation and wages in any

16 job obtained after receiving benefits under this

17 Act.

18 ‘‘(c) STATE PARTICIPATION.—The Secretary shall

19 ensure, to the extent practicable, through oversight and

20 effective internal control measures the following:

21 ‘‘(1) STATE PARTICIPATION.—Participation by

22 each State in the performance measurement system

23 established under subsection (b).
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1 ‘‘(2) MONITORING.—Monitoring by each State

2 of internal control measures with respect to perform3 ance measurement data collected by each State.

4 ‘‘(3) RESPONSE.—The quality and speed of the

5 rapid response provided by each State under section

6 134(a)(2)(A) of the Workforce Investment Act of

7 1998 (29 U.S.C. 2864(a)(2)(A)).

8 ‘‘(d) REPORTS.—

9 ‘‘(1) REPORTS BY THE SECRETARY.—

10 ‘‘(A) INITIAL REPORT.—Not later than 6

11 months after the date of enactment of this Act,

12 the Secretary shall submit to the Committee on

13 Finance of the Senate and the Committee on

14 Ways and Means of the House of Representa15 tives a report that—

16 ‘‘(i) describes the performance meas17 urement system established under sub18 section (b);

19 ‘‘(ii) includes analysis of data col20 lected through the system established

21 under subsection (b);

22 ‘‘(iii) includes information identifying

23 the number of workers who received waiv24 ers under section 235(c) and the average
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1 duration of those during the preceding

2 year;

3 ‘‘(iv) describes and analyzes State

4 participation in the system;

5 ‘‘(v) analyzes the quality and speed of

6 the rapid response provided by each State

7 under section 134(a)(2)(A) of the Work8 force Investment Act of 1998 (29 U.S.C.

9 2864(a)(2)(A)); and

10 ‘‘(vi) provides recommendations for

11 program improvements.

12 ‘‘(B) ANNUAL REPORT.—Not later than 1

13 year after the date the report is submitted

14 under subparagraph (A), and annually there15 after, the Secretary shall submit to the Com16 mittee on Finance of the Senate and the Com17 mittee on Ways and Means of the House of

18 Representatives a report that includes the infor19 mation collected under clauses (ii) through (iv)

20 of subparagraph (A).

21 ‘‘(2) STATE REPORTS.—Pursuant to regulations

22 prescribed by the Secretary, each State shall submit

23 to the Secretary a report that details its participa24 tion in the programs established under this chapter,

25 and that contains the data necessary to allow the
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1 Secretary to submit the report required under para2 graph (1).

3 ‘‘(3) PUBLICATION.—The Secretary shall make

4 available to each State, and other public and private

5 organizations as determined by the Secretary, the

6 data gathered and evaluated through the perform7 ance measurement system established under para8 graph (1).

9 ‘‘SEC. 225. STUDY BY SECRETARY OF LABOR WHEN INTER10 NATIONAL TRADE COMMISSION BEGINS IN11 VESTIGATION.

12 ‘‘(a) NOTIFICATION OF INVESTIGATION.—Whenever

13 the International Trade Commission begins an investiga14 tion under section 202 with respect to an industry, the

15 Commission shall immediately notify the Secretary of that

16 investigation, and the Secretary shall immediately begin

17 a study of—

18 ‘‘(1) the number of workers in the domestic in19 dustry producing the like or directly competitive ar20 ticle who have been or are likely to be certified as

21 eligible for adjustment assistance under this chapter;

22 and

23 ‘‘(2) the extent to which the adjustment of

24 those workers to the import competition may be fa25 cilitated through the use of existing programs.
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1 ‘‘(b) REPORT.—

2 ‘‘(1) IN GENERAL.—The Secretary shall provide

3 a report based on the study conducted under sub4 section (a) to the President not later than 15 days

5 after the day on which the Commission makes its re6 port under section 202(f).

7 ‘‘(2) PUBLICATION.—The Secretary shall

8 promptly make public the report provided to the

9 President under paragraph (1) (with the exception

10 of information which the Secretary determines to be

11 confidential) and shall have a summary of the report

12 published in the Federal Register.

13 ‘‘Subchapter B—Certifications

14 ‘‘SEC. 231. CERTIFICATION AS ADVERSELY AFFECTED

15 WORKERS.

16 ‘‘(a) ELIGIBILITY FOR CERTIFICATION.—

17 ‘‘(1) GENERAL RULE.—A group of workers (in18 cluding workers in any agricultural firm or subdivi19 sion of an agricultural firm) shall be certified by the

20 Secretary as adversely affected workers and eligible

21 for trade adjustment assistance benefits under this

22 chapter pursuant to a petition filed under subsection

23 (b) if the Secretary determines that—

24 ‘‘(A) a significant number or proportion of

25 the workers in the workers’ firm or an appro-
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1 priate subdivision of the firm have become to2 tally or partially separated, or are threatened to

3 become totally or partially separated; and

4 ‘‘(B)(i)(I) the value and volume of imports

5 of articles like or directly competitive with arti6 cles produced by that firm or subdivision have

7 increased; and

8 ‘‘(II) the increase in the value and volume

9 of imports described in subclause (I) contrib10 uted importantly to the workers’ separation or

11 threat of separation; or

12 ‘‘(ii)(I) there has been a shift in produc13 tion by the workers’ firm or subdivision to a

14 foreign country of articles like or directly com15 petitive with articles which are produced by

16 that firm or subdivision; and

17 ‘‘(II) the shift in production described in

18 subclause (I) contributed importantly to the

19 workers’ separation or threat of separation.

20 ‘‘(2) ADVERSELY AFFECTED SECONDARY WORK21 ER.—A group of workers (including workers in any

22 agricultural firm or subdivision of an agricultural

23 firm) shall be certified by the Secretary as adversely

24 affected and eligible for trade adjustment assistance

25 benefits under this chapter pursuant to a petition
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1 filed under subsection (b) if the Secretary deter2 mines that—

3 ‘‘(A) a significant number or proportion of

4 the workers in the workers’ firm or an appro5 priate subdivision of the firm have become to6 tally or partially separated, or are threatened to

7 become totally or partially separated;

8 ‘‘(B) the workers’ firm (or subdivision) is

9 a supplier to a firm (or subdivision) or down10 stream producer to a firm (or subdivision) de11 scribed in paragraph (1)(B) (i) or (ii); and

12 ‘‘(C) a loss of business with a firm (or sub13 division) described in paragraph (1)(B) (i) or

14 (ii) contributed importantly to the workers’ sep15 aration or threat of separation determined

16 under subparagraph (A).

17 ‘‘(3) SPECIAL PROVISIONS.—For purposes of

18 this section—

19 ‘‘(A) OIL AND NATURAL GAS PRO20 DUCERS.—Any firm, or appropriate subdivision

21 of a firm, that engages in exploration or drilling

22 for oil or natural gas shall be considered to be

23 a firm producing oil or natural gas.

24 ‘‘(B) OIL AND NATURAL GAS IMPORTS.—

25 Any firm, or appropriate subdivision of a firm,
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1 that engages in exploration or drilling for oil or

2 natural gas, or otherwise produces oil or nat3 ural gas, shall be considered to be producing ar4 ticles directly competitive with imports of oil

5 and with imports of natural gas.

6 ‘‘(C) TACONITE.—For purposes of this

7 Act, taconite pellets produced in the United

8 States shall be considered to be an article that

9 is like or directly competitive with imports of

10 semifinished steel slab.

11 ‘‘(D) TRUCKERS.—Not later than 6

12 months after the date of enactment of the

13 Trade Adjustment Assistance for Workers,

14 Farmers, Communities, and Firms Act of 2001,

15 the Secretary shall establish a program to pro16 vide assistance under this chapter to domestic

17 operators of motor carriers who are adversely

18 affected by competition from foreign owned and

19 operated motor carriers.

20 ‘‘(b) PETITIONS.—

21 ‘‘(1) IN GENERAL.—A petition for certification

22 of eligibility for trade adjustment assistance under

23 this chapter for a group of adversely affected work24 ers shall be filed with the Secretary and with the
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1 Governor of the State in which the firm or subdivi2 sion of the firm employing the workers is located.

3 ‘‘(2) PERSONS WHO MAY FILE A PETITION.—A

4 petition under paragraph (1) may be filed by any of

5 the following:

6 ‘‘(A) WORKERS.—The group of workers

7 (including workers in an agricultural firm or

8 subdivision or any agricultural firm).

9 ‘‘(B) WORKER REPRESENTATIVES.—The

10 certified or recognized union or other duly ap11 pointed representative of the workers.

12 ‘‘(C) WORKER ADJUSTMENT AND RE13 TRAINING NOTIFICATION.—Any entity to which

14 notice of a plant closing or mass layoff must be

15 given under section 3 of the Worker Adjust16 ment and Retraining Notification Act (29

17 U.S.C. 2102).

18 ‘‘(D) OTHER.—Employers of workers de19 scribed in subparagraph (A), one-stop operators

20 or one-stop partners (as defined in section 101

21 of the Workforce Investment Act of 1998 (29

22 U.S.C. 2801)), or State employment agencies,

23 on behalf of the workers.

24 ‘‘(E) REQUEST TO INITIATE CERTIFI25 CATION.—The President, or the Committee on
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1 Finance of the Senate or the Committee on

2 Ways and Means of the House of Representa3 tives (by resolution), may direct the Secretary

4 to initiate a certification process under this

5 chapter to determine the eligibility for trade ad6 justment assistance of a group of workers.

7 ‘‘(3) ACTIONS BY GOVERNOR.—

8 ‘‘(A) COOPERATING STATE.—Upon receipt

9 of a petition, the Governor of a cooperating

10 State shall ensure that the requirements of the

11 agreement entered into under section 222 are

12 met.

13 ‘‘(B) OTHER STATES.—Upon receipt of a

14 petition, the Governor of a State that has not

15 entered into an agreement under section 222

16 shall coordinate closely with the Secretary to

17 ensure that workers covered by a petition are—

18 ‘‘(i) provided with all available serv19 ices, including rapid response activities

20 under section 134 of the Workforce Invest21 ment Act (29 U.S.C. 2864);

22 ‘‘(ii) informed of the workers’ (and in23 dividual member’s of the worker’s family)

24 potential eligibility for—
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1 ‘‘(I) medical assistance under the

2 medicaid program established under

3 title XIX of the Social Security Act

4 (42 U.S.C. 1396a et seq.);

5 ‘‘(II) child health assistance

6 under the State children’s health in7 surance program established under

8 title XXI of that Act (42 U.S.C.

9 1397aa et seq.);

10 ‘‘(III) child care services for

11 which assistance is provided under the

12 Child Care and Development Block

13 Grant Act of 1990 (42 U.S.C. 9858 et

14 seq.); and

15 ‘‘(IV) other Federal and State

16 funded health care, child care, trans17 portation, and assistance programs

18 that the workers may be eligible for;

19 and

20 ‘‘(iii) provided with information re21 garding how to apply for the assistance,

22 services, and programs described in clause

23 (ii).

24 ‘‘(c) ACTIONS BY SECRETARY.—
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•S 1209 IS

1 ‘‘(1) IN GENERAL.—As soon as possible after

2 the date on which a petition is filed under subsection

3 (b), but not later than 45 days after that date, the

4 Secretary shall determine whether the petitioning

5 group meets the requirements of subsection (a) and

6 if warranted, shall issue a certification of eligibility

7 for trade adjustment assistance under this sub8 chapter.

9 ‘‘(2) PUBLICATION OF DETERMINATION.—Upon

10 making a determination under paragraph (1), the

11 Secretary shall promptly publish a summary of the

12 determination in the Federal Register together with

13 the reasons for making that determination.

14 ‘‘(3) DATE SPECIFIED IN CERTIFICATION.—

15 Each certification made under this subsection shall

16 specify the date on which the total or partial separa17 tion began or threatened to begin with respect to a

18 group of certified workers.

19 ‘‘(4) PROJECTED TRAINING NEEDS.—The Sec20 retary shall inform the State Workforce Investment

21 Board or equivalent agency, and other public or pri22 vate agencies, institutions, and employers, as appro23 priate, of each certification issued under section 231

24 and of projections, if available, of the needs for
29

•S 1209 IS

1 training under section 240 as a result of that certifi2 cation.

3 ‘‘(d) SCOPE OF CERTIFICATION.—

4 ‘‘(1) IN GENERAL.—A certification issued under

5 subsection (c) shall cover adversely affected workers

6 in any group that meets the requirements of sub7 section (a), whose total or partial separation oc8 curred on or after the date on which the petition

9 was filed under subsection (b).

10 ‘‘(2) WORKERS SEPARATED PRIOR TO CERTIFI11 CATION.—A certification issued under subsection (c)

12 shall cover adversely affected workers whose total or

13 partial separation occurred not more than 1 year

14 prior to the date on which the petition was filed

15 under subsection (b).

16 ‘‘(e) TERMINATION OF CERTIFICATION.—

17 ‘‘(1) IN GENERAL.—If the Secretary deter18 mines, with respect to any certification of eligibility,

19 that workers separated from a firm or subdivision

20 covered by a certification of eligibility are no longer

21 adversely affected workers, the Secretary shall ter22 minate the certification.

23 ‘‘(2) PUBLICATION OF TERMINATION.—The

24 Secretary shall promptly publish notice of any termi25 nation made under paragraph (1) in the Federal
30

•S 1209 IS

1 Register together with the reasons for making that

2 determination.

3 ‘‘(3) APPLICATION.—Any determination made

4 under paragraph (1) shall apply only to total or par5 tial separations occurring after the termination date

6 specified by the Secretary.

7 ‘‘SEC. 232. BENEFIT INFORMATION TO WORKERS.

8 ‘‘(a) IN GENERAL.—The Secretary shall, in accord9 ance with the provisions of section 222 or 223, as appro10 priate, provide prompt and full information to adversely

11 affected workers covered by a certification issued under

12 section 231(c), including information regarding—

13 ‘‘(1) benefit allowances, training, and other em14 ployment services available under this chapter;

15 ‘‘(2) petition and application procedures under

16 this chapter;

17 ‘‘(3) appropriate filing dates for the allowances,

18 training, and services available under this chapter;

19 and

20 ‘‘(4) procedures for applying for and receiving

21 all other Federal benefits and services available to

22 separated workers during a period of unemployment.

23 ‘‘(b) ASSISTANCE TO GROUPS OF WORKERS.—

24 ‘‘(1) IN GENERAL.—The Secretary shall provide

25 any necessary assistance to enable groups of workers
31

•S 1209 IS

1 to prepare petitions or applications for program ben2 efits.

3 ‘‘(2) ASSISTANCE FROM STATES.—The Sec4 retary shall ensure that cooperating States fully

5 comply with the agreements entered into under sec6 tion 222 and shall periodically review that compli7 ance.

8 ‘‘(c) NOTICE.—

9 ‘‘(1) IN GENERAL.—Not later that 15 days

10 after a certification is issued under section 231 (or

11 as soon as practicable after separation), the Sec12 retary shall provide written notice of the benefits

13 available under this chapter to each worker whom

14 the Secretary has reason to believe is covered by the

15 certification.

16 ‘‘(2) PUBLICATION OF NOTICE.—The Secretary

17 shall publish notice of the benefits available under

18 this chapter to workers covered by each certification

19 made under section 231 in newspapers of general

20 circulation in the areas in which those workers re21 side.
32

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1 ‘‘Subchapter C—Program Benefits

2 ‘‘PART I—GENERAL PROVISIONS

3 ‘‘SEC. 234. COMPREHENSIVE ASSISTANCE.

4 ‘‘Workers covered by a certification issued by the Sec5 retary under section 231 shall be eligible for the following:

6 ‘‘(1) Trade adjustment allowances as described

7 in sections 235 through 238.

8 ‘‘(2) Employment services as described in sec9 tion 239.

10 ‘‘(3) Training as described in section 240.

11 ‘‘(4) Job search allowances as described in sec12 tion 241.

13 ‘‘(5) Relocation allowances as described in sec14 tion 242.

15 ‘‘(6) Supportive services and wage insurance as

16 described in section 243.

17 ‘‘PART II—TRADE ADJUSTMENT ALLOWANCES

18 ‘‘SEC. 235. QUALIFYING REQUIREMENTS FOR WORKERS.

19 ‘‘(a) IN GENERAL.—Payment of a trade adjustment

20 allowance shall be made to an adversely affected worker

21 covered by a certification under section 231 who files an

22 application for the allowance for any week of unemploy23 ment that begins more than 60 days after the date on

24 which the petition that resulted in the certification was

25 filed under section 231, if the following conditions are met:
33

•S 1209 IS

1 ‘‘(1) TIME OF TOTAL OR PARTIAL SEPARATION

2 FROM EMPLOYMENT.—The adversely affected work3 er’s total or partial separation before the worker’s

4 application under this chapter occurred—

5 ‘‘(A) on or after the date, as specified in

6 the certification under which the worker is cov7 ered, on which total or partial separation from

8 adversely affected employment began or threat9 ened to begin in the adversely affected employ10 ment;

11 ‘‘(B) before the expiration of the 2-year

12 period beginning on the date on which the cer13 tification under section 231 was issued; and

14 ‘‘(C) before the termination date (if any)

15 determined pursuant to section 231(e).

16 ‘‘(2) EMPLOYMENT REQUIRED.—

17 ‘‘(A) IN GENERAL.—The adversely affected

18 worker had, in the 52-week period ending with

19 the week in which the total or partial separa20 tion occurred, at least 26 weeks of employment

21 at wages of $30 or more a week with a single

22 firm or subdivision of a firm.

23 ‘‘(B) UNAVAILABILITY OF DATA.—If data

24 with respect to weeks of employment with a

25 firm are not available, the worker had equiva-
34

•S 1209 IS

1 lent amounts of employment computed under

2 regulations prescribed by the Secretary.

3 ‘‘(C) WEEK OF EMPLOYMENT.—For the

4 purposes of this paragraph any week shall be

5 treated as a week of employment at wages of

6 $30 or more, if an adversely affected worker—

7 ‘‘(i) is on employer-authorized leave

8 for purposes of vacation, sickness, injury,

9 maternity, or inactive duty or active duty

10 military service for training;

11 ‘‘(ii) does not work because of a dis12 ability that is compensable under a work13 men’s compensation law or plan of a State

14 or the United States;

15 ‘‘(iii) had employment interrupted in

16 order to serve as a full-time representative

17 of a labor organization in that firm or sub18 division; or

19 ‘‘(iv) is on call-up for purposes of ac20 tive duty in a reserve status in the Armed

21 Forces of the United States, provided that

22 active duty is ‘Federal service’ as defined

23 in section 8521(a)(1) of title 5, United

24 States Code.

25 ‘‘(D) EXCEPTIONS.—
35

•S 1209 IS

1 ‘‘(i) In the case of weeks described in

2 clause (i) or (iii) of subparagraph (C), or

3 both, not more than 7 weeks may be treat4 ed as weeks of employment under subpara5 graph (C).

6 ‘‘(ii) In the case of weeks described in

7 clause (ii) or (iv) of subparagraph (C), not

8 more than 26 weeks may be treated as

9 weeks of employment under subparagraph

10 (C).

11 ‘‘(3) UNEMPLOYMENT COMPENSATION.—The

12 adversely affected worker meets all of the following

13 requirements:

14 ‘‘(A) ENTITLEMENT TO UNEMPLOYMENT

15 INSURANCE.—The worker was entitled to (or

16 would be entitled to if the worker applied for)

17 unemployment insurance for a week within the

18 benefit period—

19 ‘‘(i) in which total or partial separa20 tion took place; or

21 ‘‘(ii) which began (or would have

22 begun) by reason of the filing of a claim

23 for unemployment insurance by the worker

24 after total or partial separation.
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•S 1209 IS

1 ‘‘(B) EXHAUSTION OF UNEMPLOYMENT IN2 SURANCE.—The worker has exhausted all rights

3 to any unemployment insurance to which the

4 worker was entitled (or would be entitled if the

5 worker had applied for any unemployment in6 surance).

7 ‘‘(C) NO UNEXPIRED WAITING PERIOD.—

8 The worker does not have an unexpired waiting

9 period applicable to the worker for any unem10 ployment insurance.

11 ‘‘(4) EXTENDED UNEMPLOYMENT COMPENSA12 TION.—The adversely affected worker, with respect

13 to a week of unemployment, would not be disquali14 fied for extended compensation payable under the

15 Federal-State Extended Unemployment Compensa16 tion Act of 1970 (26 U.S.C. 3304 note) by reason

17 of the work acceptance and job search requirements

18 in section 202(a)(3) of that Act.

19 ‘‘(5) TRAINING.—The adversely affected worker

20 is enrolled in a training program approved by the

21 Secretary under section 240(a), and the enrollment

22 occurred not later than the latest of the periods de23 scribed in subparagraph (A), (B), or (C).

24 ‘‘(A) 16 WEEKS.—The worker enrolled not

25 later than the last day of the 16th week after
37

•S 1209 IS

1 the worker’s most recent total separation that

2 meets the requirements of paragraphs (1) and

3 (2).

4 ‘‘(B) 8 WEEKS.—The worker enrolled not

5 later than the last day of the 8th week after the

6 week in which the Secretary issues a certifi7 cation covering the worker.

8 ‘‘(C) EXTENUATING CIRCUMSTANCES.—

9 Notwithstanding subparagraphs (A) and (B),

10 the adversely affected worker is eligible for

11 trade adjustment assistance if the worker en12 rolled not later than 45 days after the later of

13 the dates specified in subparagraph (A) or (B),

14 and the Secretary determines there are extenu15 ating circumstances that justify an extension in

16 the enrollment period.

17 ‘‘(b) FAILURE TO PARTICIPATE IN TRAINING.—

18 ‘‘(1) IN GENERAL.—Until the adversely affected

19 worker begins or resumes participation in a training

20 program approved under section 240(a), no trade

21 adjustment allowance may be paid under subsection

22 (a) to an adversely affected worker for any week or

23 any succeeding week in which—

24 ‘‘(A) the Secretary determines that—

25 ‘‘(i) the adversely affected worker—
38

•S 1209 IS

1 ‘‘(I) has failed to begin participa2 tion in a training program the enroll3 ment in which meets the requirement

4 of subsection (a)(5); or

5 ‘‘(II) has ceased to participate in

6 such a training program before com7 pleting the training program; and

8 ‘‘(ii) there is no justifiable cause for

9 the failure or cessation; or

10 ‘‘(B) the waiver issued to that worker

11 under subsection (c)(1) is revoked under sub12 section (c)(2).

13 ‘‘(2) EXCEPTION.—The provisions of subsection

14 (a)(5) and paragraph (1) shall not apply with re15 spect to any week of unemployment that begins be16 fore the first week following the week in which the

17 certification is issued under section 231.

18 ‘‘(c) WAIVERS OF TRAINING REQUIREMENTS.—

19 ‘‘(1) ISSUANCE OF WAIVERS.—The Secretary

20 may issue a written statement to an adversely af21 fected worker waiving the requirement to be enrolled

22 in training described in subsection (a) if the Sec23 retary determines that the training requirement is

24 not feasible or appropriate for the worker, as indi25 cated by 1 or more of the following:
39

•S 1209 IS

1 ‘‘(A) RECALL.—The worker has been noti2 fied that the worker will be recalled by the firm

3 from which the separation occurred.

4 ‘‘(B) MARKETABLE SKILLS.—The worker

5 has marketable skills as determined pursuant to

6 an assessment of the worker, which may include

7 the profiling system under section 303(j) of the

8 Social Security Act (42 U.S.C. 503(j)), carried

9 out in accordance with guidelines issued by the

10 Secretary.

11 ‘‘(C) RETIREMENT.—The worker is within

12 2 years of meeting all requirements for entitle13 ment to old-age insurance benefits under title II

14 of the Social Security Act (42 U.S.C. 401 et

15 seq.) (except for application therefore).

16 ‘‘(D) HEALTH.—The worker is unable to

17 participate in training due to the health of the

18 worker, except that a waiver under this sub19 paragraph shall not be construed to exempt a

20 worker from requirements relating to the avail21 ability for work, active search for work, or re22 fusal to accept work under Federal or State un23 employment compensation laws.

24 ‘‘(E) ENROLLMENT UNAVAILABLE.—The

25 first available enrollment date for the approved
40

•S 1209 IS

1 training of the worker is within 60 days after

2 the date of the determination made under this

3 paragraph, or, if later, there are extenuating

4 circumstances for the delay in enrollment, as

5 determined pursuant to guidelines issued by the

6 Secretary.

7 ‘‘(F) DURATION.—The duration of train8 ing appropriate for the individual to obtain suit9 able employment exceeds the individual’s max10 imum entitlement to basic and additional trade

11 adjustment allowances and, in addition, finan12 cial support available through other Federal or

13 State programs, including chapter 5 of subtitle

14 B of title I of the Workforce Investment Act of

15 1998 (29 U.S.C. 2861 et seq.), that would en16 able the individual to complete a suitable train17 ing program cannot be assured.

18 ‘‘(G) EMPLOYMENT AVAILABLE.—There is

19 employment (which may include technical and

20 professional employment) available for an ad21 versely affected worker that offers equivalent

22 wages to those that the adversely affected work23 er earned prior to separation.

24 ‘‘(H) NO BENEFIT.—The worker would

25 not benefit from any training, or no training
41

•S 1209 IS

1 that is suitable for the worker is available at a

2 reasonable cost.

3 ‘‘(I) NO REASONABLE EXPECTATION OF

4 EMPLOYMENT.—There is no reasonable expecta5 tion of employment following completion of the

6 training.

7 ‘‘(J) TRAINING NOT AVAILABLE.—Training

8 approved by the Secretary is not reasonably

9 available to the worker from either govern10 mental agencies or private sources (which may

11 include area vocational education schools, as de12 fined in section 3 of the Carl D. Perkins Voca13 tional and Technical Education Act of 1998 (20

14 U.S.C. 2302), and employers).

15 ‘‘(K) WORKER NOT QUALIFIED.—The

16 worker is not qualified to undertake and com17 plete any training.

18 ‘‘(2) DURATION OF WAIVERS.—

19 ‘‘(A) IN GENERAL.—A waiver issued under

20 paragraph (1) shall be effective for not more

21 than 6 months after the date on which the

22 waiver is issued, unless the Secretary deter23 mines otherwise.

24 ‘‘(B) REVOCATION.—The Secretary shall

25 revoke a waiver issued under paragraph (1) if
42

•S 1209 IS

1 the Secretary determines that the basis of a

2 waiver is no longer applicable to the worker.

3 ‘‘(3) AMENDMENTS UNDER SECTION 222.—

4 ‘‘(A) ISSUANCE BY COOPERATING

5 STATES.—Pursuant to an agreement under sec6 tion 222, the Secretary may authorize a cooper7 ating State to issue waivers as described in

8 paragraph (1) (except for the determination

9 under subparagraphs (F) and (G) of paragraph

10 (1)).

11 ‘‘(B) SUBMISSION OF STATEMENTS.—An

12 agreement under section 222 shall include a re13 quirement that the cooperating State submit to

14 the Secretary the written statements provided

15 pursuant to paragraph (1) and a statement of

16 the reasons for the waiver.

17 ‘‘(4) REASONABLE EXPECTATION OF EMPLOY18 MENT.—For purposes of applying subsection

19 (c)(1)(I), a reasonable expectation of employment

20 does not require that employment opportunities for

21 a worker be available, or offered, immediately upon

22 the completion of training approved under this sec23 tion.
43

•S 1209 IS

1 ‘‘SEC. 236. WEEKLY AMOUNTS.

2 ‘‘(a) IN GENERAL.—Subject to subsections (b) and

3 (c), the trade adjustment allowance payable to an ad4 versely affected worker for a week of total unemployment

5 shall be an amount equal to the most recent weekly benefit

6 amount of the unemployment insurance payable to the

7 worker for a week of total unemployment preceding the

8 worker’s first exhaustion of unemployment insurance (as

9 determined for purposes of section 235(a)(3)(B)) reduced

10 (but not below zero) by—

11 ‘‘(1) any training allowance deductible under

12 subsection (c); and

13 ‘‘(2) any income that is deductible from unem14 ployment insurance under the disqualifying income

15 provisions of the applicable State law or Federal un16 employment insurance law.

17 ‘‘(b) ADJUSTMENT FOR WORKERS RECEIVING

18 TRAINING.—

19 ‘‘(1) IN GENERAL.—Any adversely affected

20 worker who is entitled to a trade adjustment allow21 ance and who is receiving training approved by the

22 Secretary, shall receive for each week in which the

23 worker is undergoing that training, a trade adjust24 ment allowance in an amount (computed for such

25 week) equal to the greater of—
44

•S 1209 IS

1 ‘‘(A) the amount computed under sub2 section (a); or

3 ‘‘(B) the amount of any weekly allowance

4 for that training to which the worker would be

5 entitled under any other Federal law for the

6 training of workers, if the worker applied for

7 that allowance.

8 ‘‘(2) ALLOWANCE PAID IN LIEU OF.—Any trade

9 adjustment allowance calculated under paragraph

10 (1) shall be paid in lieu of any training allowance to

11 which the worker would be entitled under any other

12 Federal law.

13 ‘‘(3) COORDINATION WITH UNEMPLOYMENT IN14 SURANCE.—Any week in which a worker undergoing

15 training approved by the Secretary receives pay16 ments from unemployment insurance shall be sub17 tracted from the total number of weeks for which a

18 worker may receive trade adjustment allowance

19 under this chapter.

20 ‘‘(c) ADJUSTMENT FOR WORKERS RECEIVING AL21 LOWANCES UNDER OTHER FEDERAL LAW.—

22 ‘‘(1) REDUCTION IN WEEKS FOR WHICH AL23 LOWANCE WILL BE PAID.—If a training allowance

24 under any Federal law (other than this Act) is paid

25 to an adversely affected worker for any week of un-
45

•S 1209 IS

1 employment with respect to which the worker would

2 be entitled (determined without regard to any dis3 qualification under section 235(b)) to a trade adjust4 ment allowance if the worker applied for that allow5 ance, each week of unemployment shall be deducted

6 from the total number of weeks of trade adjustment

7 allowance otherwise payable to that worker under

8 section 235(a) when the worker applies for a trade

9 adjustment allowance and is determined to be enti10 tled to the allowance.

11 ‘‘(2) PAYMENT OF DIFFERENCE.—If the train12 ing allowance paid to a worker for any week of un13 employment is less than the amount of the trade ad14 justment allowance to which the worker would be en15 titled if the worker applied for the trade adjustment

16 allowance, the worker shall receive, when the worker

17 applies for a trade adjustment allowance and is de18 termined to be entitled to the allowance, a trade ad19 justment allowance for that week equal to the dif20 ference between the training allowance and the trade

21 adjustment allowance computed under subsection

22 (b).
46

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1 ‘‘SEC. 237. LIMITATIONS ON TRADE ADJUSTMENT ALLOW2 ANCES.

3 ‘‘(a) AMOUNT PAYABLE.—The maximum amount of

4 trade adjustment allowance payable to an adversely af5 fected worker, with respect to the period covered by any

6 certification, shall be the amount that is the product of

7 104 multiplied by the trade adjustment allowance payable

8 to the worker for a week of total unemployment (as deter9 mined under section 236) reduced by the total sum of the

10 unemployment insurance to which the worker was entitled

11 (or would have been entitled if the worker had applied for

12 unemployment insurance) in the worker’s first benefit pe13 riod described in section 235(a)(3)(A).

14 ‘‘(b) DURATION OF PAYMENTS.—

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), a trade adjustment allowance shall not be

17 paid for any week occurring after the close of the

18 104-week period that begins with the first week fol19 lowing the week in which the adversely affected

20 worker was most recently totally separated—

21 ‘‘(A) within the period that is described in

22 section 235(a)(1); and

23 ‘‘(B) with respect to which the worker

24 meets the requirements of section 235(a)(2).

25 ‘‘(2) SPECIAL RULES.—
47

•S 1209 IS

1 ‘‘(A) BREAK IN TRAINING.—For purposes

2 of this chapter, a worker shall be treated as

3 participating in a training program approved by

4 the Secretary under section 240(a) during any

5 week that is part of a break in a training that

6 does not exceed 30 days if—

7 ‘‘(i) the worker was participating in a

8 training program approved under section

9 240(a) before the beginning of the break in

10 training; and

11 ‘‘(ii) the break is provided under the

12 training program.

13 ‘‘(B) ON-THE-JOB TRAINING.—No trade

14 adjustment allowance shall be paid to a worker

15 under this chapter for any week during which

16 the worker is receiving on-the-job training.

17 ‘‘(c) ADJUSTMENT OF AMOUNTS PAYABLE.—

18 Amounts payable to an adversely affected worker under

19 this chapter shall be subject to adjustment on a week-to20 week basis as may be required by section 236.

21 ‘‘(d) YEAR-END ADJUSTMENT.—

22 ‘‘(1) IN GENERAL.—Notwithstanding any other

23 provision of this Act or any other provision of law,

24 if the benefit year of a worker ends within an ex25 tended benefit period, the number of weeks of ex-
48

•S 1209 IS

1 tended benefits that the worker would, but for this

2 subsection, be entitled to in that extended benefit

3 period shall not be reduced by the number of weeks

4 for which the worker was entitled, during that ben5 efit year, to trade adjustment allowances under this

6 part.

7 ‘‘(2) EXTENDED BENEFITS PERIOD.—For the

8 purpose of this section the term ‘extended benefit

9 period’ has the same meaning given that term in the

10 Federal-State Extended Unemployment Compensa11 tion Act of 1970 (26 U.S.C. 3304 note).

12 ‘‘SEC. 238. APPLICATION OF STATE LAWS.

13 ‘‘(a) IN GENERAL.—Except where inconsistent with

14 the provisions of this chapter and subject to such regula15 tions as the Secretary may prescribe, the availability and

16 disqualification provisions of the State law under which

17 an adversely affected worker is entitled to unemployment

18 insurance (whether or not the worker has filed a claim

19 for such insurance), or, if the worker is not so entitled

20 to unemployment insurance, of the State in which the

21 worker was totally or partially separated, shall apply to

22 a worker that files an application for trade adjustment as23 sistance.

24 ‘‘(b) DURATION OF APPLICABILITY.—The State law

25 determined to be applicable with respect to a separation
49

•S 1209 IS

1 of an adversely affected worker shall remain applicable for

2 purposes of subsection (a), with respect to a separation

3 until the worker becomes entitled to unemployment insur4 ance under another State law (whether or not the worker

5 has filed a claim for that insurance).

6 ‘‘PART III—EMPLOYMENT SERVICES, TRAINING,

7 AND OTHER ALLOWANCES

8 ‘‘SEC. 239. EMPLOYMENT SERVICES.

9 ‘‘The Secretary shall, in accordance with section 222

10 or 223, as applicable, make every reasonable effort to se11 cure for adversely affected workers covered by a certifi12 cation under section 231, counseling, testing, placement,

13 and other services provided for under any other Federal

14 law.

15 ‘‘SEC. 240. TRAINING.

16 ‘‘(a) APPROVED TRAINING PROGRAMS.—

17 ‘‘(1) IN GENERAL.—The Secretary shall ap18 prove training programs that include—

19 ‘‘(A) on-the-job training;

20 ‘‘(B) any employment or training activity

21 provided through a one-stop delivery system

22 under chapter 5 of subtitle B of title I of the

23 Workforce Investment Act of 1998 (29 U.S.C.

24 2861 et seq.);

25 ‘‘(C) any program of adult education;
50

•S 1209 IS

1 ‘‘(D) any training program (other than a

2 training program described in paragraph (3) for

3 which all, or any portion, of the costs of train4 ing the worker are paid—

5 ‘‘(i) under any Federal or State pro6 gram other than this chapter; or

7 ‘‘(ii) from any source other than this

8 section; and

9 ‘‘(E) any other training program that the

10 Secretary determines is acceptable to meet the

11 needs of an adversely affected worker.

12 ‘‘(2) TRAINING AGREEMENTS.—Before approv13 ing any training to which subsection (f)(1)(C) may

14 apply, the Secretary may require that the adversely

15 affected worker enter into an agreement with the

16 Secretary under which the Secretary will not be re17 quired to pay under subsection (b) the portion of the

18 costs of the training that the worker has reason to

19 believe will be paid under the program, or by the

20 source, described in clause (i) or (ii) of subsection

21 (f)(1)(C).

22 ‘‘(3) LIMITATION ON APPROVALS.—The Sec23 retary shall not approve a training program if all of

24 the following apply:
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•S 1209 IS

1 ‘‘(A) PAYMENT BY PLAN.—Any portion of

2 the costs of the training program are paid

3 under any nongovernmental plan or program.

4 ‘‘(B) RIGHT TO OBTAIN.—The adversely

5 affected worker has a right to obtain training

6 or funds for training under that plan or pro7 gram.

8 ‘‘(C) REIMBURSEMENT.—The plan or pro9 gram requires the worker to reimburse the plan

10 or program from funds provided under this

11 chapter, or from wages paid under the training

12 program, for any portion of the costs of that

13 training program paid under the plan or pro14 gram.

15 ‘‘(b) PAYMENT OF TRAINING COSTS.—

16 ‘‘(1) IN GENERAL.—Upon approval of a train17 ing program under subsection (a), and subject to the

18 limitations imposed by this section, an adversely af19 fected worker covered by a certification issued under

20 section 231 may be eligible to have payment of the

21 costs of that training, including any costs of an ap22 proved training program incurred by a worker before

23 a certification was issued under section 231, made

24 on behalf of the worker by the Secretary directly or

25 through a voucher system.
52

•S 1209 IS

1 ‘‘(2) ON-THE-JOB TRAINING.—

2 ‘‘(A) PROVISION OF TRAINING ON THE

3 JOB.—If the Secretary approves training under

4 subsection (a), the Secretary shall, insofar as

5 possible, provide or assure the provision of that

6 training on the job, and any training on the job

7 that is approved by the Secretary under sub8 section (a) shall include related education nec9 essary for the acquisition of skills needed for a

10 position within a particular occupation.

11 ‘‘(B) MONTHLY INSTALLMENTS.—If the

12 Secretary approves payment of any on-the-job

13 training under subsection (a), the Secretary

14 shall pay the costs of that training in equal

15 monthly installments.

16 ‘‘(C) LIMITATIONS.—The Secretary may

17 pay the costs of on-the-job training only if—

18 ‘‘(i) no employed worker is displaced

19 by the adversely affected worker (including

20 partial displacement such as a reduction in

21 the hours of nonovertime work, wages, or

22 employment benefits);

23 ‘‘(ii) the training does not impair con24 tracts for services or collective bargaining

25 agreements;
53

•S 1209 IS

1 ‘‘(iii) in the case of training that

2 would be inconsistent with the terms of a

3 collective bargaining agreement, the writ4 ten concurrence of the labor organization

5 concerned has been obtained;

6 ‘‘(iv) no other individual is on layoff

7 from the same, or any substantially equiva8 lent, job for which the adversely affected

9 worker is being trained;

10 ‘‘(v) the employer has not terminated

11 the employment of any regular employee or

12 otherwise reduced the workforce of the em13 ployer with the intention of filling the va14 cancy so created by hiring the adversely af15 fected worker;

16 ‘‘(vi) the job for which the adversely

17 affected worker is being trained is not

18 being created in a promotional line that

19 will infringe in any way upon the pro20 motional opportunities of employed individ21 uals;

22 ‘‘(vii) the training is not for the same

23 occupation from which the worker was sep24 arated and with respect to which the work-
54

•S 1209 IS

1 er’s group was certified pursuant to section

2 231;

3 ‘‘(viii) the employer certifies to the

4 Secretary that the employer will continue

5 to employ the worker for at least 26 weeks

6 after completion of the training if the

7 worker desires to continue the employment

8 and the employer does not have due cause

9 to terminate the employment;

10 ‘‘(ix) the employer has not received

11 payment under subsection (b)(1) with re12 spect to any other on-the-job training pro13 vided by the employer that failed to meet

14 the requirements of clauses (i) through

15 (vi); and

16 ‘‘(x) the employer has not taken, at

17 any time, any action that violated the

18 terms of any certification described in

19 clause (viii) made by that employer with

20 respect to any other on-the-job training

21 provided by the employer for which the

22 Secretary has made a payment under para23 graph (1).

24 ‘‘(c) CERTAIN WORKERS ELIGIBLE FOR TRAINING

25 BENEFITS.—An adversely affected worker covered by a
55

•S 1209 IS

1 certification issued under section 231, who is not qualified

2 to receive a trade adjustment allowance under section 235,

3 may be eligible to have payment of the costs of training

4 made under this section, if the worker enters a training

5 program approved by the Secretary not later than 6

6 months after the date on which the certification that cov7 ers the worker is issued or the Secretary determines that

8 one of the following applied:

9 ‘‘(1) Funding was not available at the time at

10 which the adversely affected worker was required to

11 enter training under paragraph (1).

12 ‘‘(2) The adversely affected worker was covered

13 by a waiver issued under section 235(c).

14 ‘‘(d) EXHAUSTION OF UNEMPLOYMENT INSURANCE

15 NOT REQUIRED.—The Secretary may approve training,

16 and pay the costs thereof, for any adversely affected work17 er who is a member of a group certified under section 231

18 at any time after the date on which the group is certified,

19 without regard to whether the worker has exhausted all

20 rights to any unemployment insurance to which the worker

21 is entitled.

22 ‘‘(e) SUPPLEMENTAL ASSISTANCE.—

23 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

24 and (3), when training is provided under a training

25 program approved by the Secretary under subsection
56

•S 1209 IS

1 (a) in facilities that are not within commuting dis2 tance of a worker’s regular place of residence, the

3 Secretary may authorize supplemental assistance to

4 defray reasonable transportation and subsistence ex5 penses for separate maintenance.

6 ‘‘(2) TRANSPORTATION EXPENSES.—The Sec7 retary may not authorize payments for travel ex8 penses exceeding the prevailing mileage rate author9 ized under the Federal travel regulations.

10 ‘‘(3) SUBSISTENCE EXPENSES.—The Secretary

11 may not authorize payments for subsistence that ex12 ceed the lesser of—

13 ‘‘(A) the actual per diem expenses for sub14 sistence of the worker; or

15 ‘‘(B) an amount equal to 50 percent of the

16 prevailing per diem allowance rate authorized

17 under Federal travel regulations.

18 ‘‘(f) SPECIAL PROVISIONS; LIMITATIONS.—

19 ‘‘(1) LIMITATION ON MAKING PAYMENTS.—

20 ‘‘(A) DISALLOWANCE OF OTHER PAY21 MENT.—If the costs of training an adversely af22 fected worker are paid by the Secretary under

23 subsection (b), no other payment for those

24 training costs may be made under any other

25 provision of Federal law.
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•S 1209 IS

1 ‘‘(B) NO PAYMENT OF REIMBURSABLE

2 COSTS.—No payment for the cost of approved

3 training may be made under subsection (b) if

4 those costs—

5 ‘‘(i) have already been paid under any

6 other provision of Federal law; or

7 ‘‘(ii) are reimbursable under any other

8 provision of Federal law and a portion of

9 those costs have already been paid under

10 that other provision of Federal law.

11 ‘‘(C) NO PAYMENT OF COSTS PAID ELSE12 WHERE.—The Secretary is not required to pay

13 the costs of any training approved under sub14 section (a) to the extent that those costs are

15 paid—

16 ‘‘(i) under any Federal or State pro17 gram other than this chapter; or

18 ‘‘(ii) from any source other than this

19 section.

20 ‘‘(D) EXCEPTION.—The provisions of this

21 paragraph shall not apply to, or take into ac22 count, any funds provided under any other pro23 vision of Federal law that are used for any pur24 pose other than the direct payment of the costs

25 incurred in training a particular adversely af-
58

•S 1209 IS

1 fected worker, even if the use of those funds

2 has the effect of indirectly paying for or reduc3 ing any portion of the costs involved in training

4 the adversely affected worker.

5 ‘‘(2) UNEMPLOYMENT ELIGIBILITY.—A worker

6 may not be determined to be ineligible or disquali7 fied for unemployment insurance or program bene8 fits under this subchapter because the individual is

9 in training approved under subsection (a), because

10 of leaving work which is not suitable employment to

11 enter the training, or because of the application to

12 any week in training of provisions of State law or

13 Federal unemployment insurance law relating to

14 availability for work, active search for work, or re15 fusal to accept work.

16 ‘‘(3) DEFINITION.—For purposes of this section

17 the term ‘suitable employment’ means, with respect

18 to a worker, work of a substantially equal or higher

19 skill level than the worker’s past adversely affected

20 employment, and wages for such work at not less

21 than 80 percent of the worker’s average weekly

22 wage.

23 ‘‘(4) PAYMENTS AFTER REEMPLOYMENT.—

24 ‘‘(A) IN GENERAL.—In the case of an ad25 versely affected worker who secures reemploy-
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•S 1209 IS

1 ment, the Secretary may approve and pay the

2 costs of training (or shall continue to pay the

3 costs of training previously approved) for that

4 adversely affected worker, for the completion of

5 their training program or up to 26 weeks,

6 whichever is less, after the date the adversely

7 affected worker becomes reemployed.

8 ‘‘(B) TRADE ADJUSTMENT ALLOWANCE.—

9 An adversely affected worker who is reemployed

10 and is undergoing training approved by the Sec11 retary pursuant to subparagraph (A) may con12 tinue to receive trade adjustment allowance,

13 subject to the income offsets provided for in the

14 worker’s State unemployment compensation law

15 in accordance with the provisions of section

16 237.

17 ‘‘(5) FUNDING.—The total amount of payments

18 that may be made under this section for any fiscal

19 year shall not exceed $300,000,000.

20 ‘‘SEC. 241. JOB SEARCH ALLOWANCES.

21 ‘‘(a) JOB SEARCH ALLOWANCE AUTHORIZED.—

22 ‘‘(1) IN GENERAL.—An adversely affected work23 er covered by a certification issued under section

24 231 may file an application with the Secretary for

25 payment of a job search allowance.
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1 ‘‘(2) APPROVAL OF APPLICATIONS.—The Sec2 retary may grant an allowance pursuant to an appli3 cation filed under paragraph (1) when all of the fol4 lowing apply:

5 ‘‘(A) ASSIST ADVERSELY AFFECTED WORK6 ER.—The allowance is paid to assist an ad7 versely affected worker who has been totally

8 separated in securing a job within the United

9 States.

10 ‘‘(B) LOCAL EMPLOYMENT NOT AVAIL11 ABLE.—The Secretary determines that the

12 worker cannot reasonably be expected to secure

13 suitable employment in the commuting area in

14 which the worker resides.

15 ‘‘(C) APPLICATION.—The worker has filed

16 an application for the allowance with the Sec17 retary before—

18 ‘‘(i) the later of—

19 ‘‘(I) the 365th day after the date

20 of the certification under which the

21 worker is certified as eligible; or

22 ‘‘(II) the 365th day after the

23 date of the worker’s last total separa24 tion; or
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•S 1209 IS

1 ‘‘(ii) the date that is the 182d day

2 after the date on which the worker con3 cluded training, unless the worker received

4 a waiver under section 235(c).

5 ‘‘(b) AMOUNT OF ALLOWANCE.—

6 ‘‘(1) IN GENERAL.—An allowance granted

7 under subsection (a) shall provide reimbursement to

8 the worker of 90 percent of the cost of necessary job

9 search expenses as prescribed by the Secretary in

10 regulations.

11 ‘‘(A) MAXIMUM ALLOWANCE.—Reimburse12 ment may not exceed $1,200 for any worker.

13 ‘‘(B) ALLOWANCE FOR SUBSISTENCE AND

14 TRANSPORTATION.—Reimbursement may not be

15 made for subsistence and transportation ex16 penses at levels exceeding those allowable under

17 section 240(e).

18 ‘‘(c) EXCEPTION.—Notwithstanding subsection (b),

19 the Secretary shall reimburse any adversely affected work20 er for necessary expenses incurred by the worker in par21 ticipating in a job search program approved by the Sec22 retary.

23 ‘‘SEC. 242. RELOCATION ALLOWANCES.

24 ‘‘(a) RELOCATION ALLOWANCE AUTHORIZED.—
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•S 1209 IS

1 ‘‘(1) IN GENERAL.—Any adversely affected

2 worker covered by a certification issued under sec3 tion 231 may file an application for a relocation al4 lowance with the Secretary, and the Secretary may

5 grant the relocation allowance, subject to the terms

6 and conditions of this section.

7 ‘‘(2) CONDITIONS FOR GRANTING ALLOW8 ANCE.—A relocation allowance may be granted if all

9 of the following terms and conditions are met:

10 ‘‘(A) ASSIST AN ADVERSELY AFFECTED

11 WORKER.—The relocation allowance will assist

12 an adversely affected worker in relocating with13 in the United States.

14 ‘‘(B) LOCAL EMPLOYMENT NOT AVAIL15 ABLE.—The Secretary determines that the

16 worker cannot reasonably be expected to secure

17 suitable employment in the commuting area in

18 which the worker resides.

19 ‘‘(C) TOTAL SEPARATION.—The worker is

20 totally separated from employment at the time

21 relocation commences.

22 ‘‘(D) SUITABLE EMPLOYMENT OB23 TAINED.—The worker—

24 ‘‘(i) has obtained suitable employment

25 affording a reasonable expectation of long-
63

•S 1209 IS

1 term duration in the area in which the

2 worker wishes to relocate; or

3 ‘‘(ii) has obtained a bona fide offer of

4 such employment.

5 ‘‘(E) APPLICATION.—The worker filed an

6 application with the Secretary before—

7 ‘‘(i) the later of—

8 ‘‘(I) the 425th day after the date

9 of the certification under section 231;

10 or

11 ‘‘(II) the 425th day after the

12 date of the worker’s last total separa13 tion; or

14 ‘‘(ii) the date that is the 182d day

15 after the date on which the worker con16 cluded training, unless the worker received

17 a waiver under section 235(c).

18 ‘‘(b) AMOUNT OF ALLOWANCE.—The relocation al19 lowance granted to a worker under subsection (a)

20 includes—

21 ‘‘(1) 90 percent of the reasonable and necessary

22 expenses (including, but not limited to, subsistence

23 and transportation expenses at levels not exceeding

24 those allowable under section 240(e)) specified in

25 regulations prescribed by the Secretary, incurred in
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•S 1209 IS

1 transporting the worker, the worker’s family, and

2 household effects; and

3 ‘‘(2) a lump sum equivalent to 3 times the

4 worker’s average weekly wage, up to a maximum

5 payment of $1,500.

6 ‘‘(c) LIMITATIONS.—A relocation allowance may not

7 be granted to a worker unless—

8 ‘‘(1) the relocation occurs within 182 days after

9 the filing of the application for relocation assistance;

10 or

11 ‘‘(2) the relocation occurs within 182 days after

12 the conclusion of training, if the worker entered a

13 training program approved by the Secretary under

14 section 240(a).

15 ‘‘SEC. 243. SUPPORTIVE SERVICES; WAGE INSURANCE.

16 ‘‘(a) SUPPORTIVE SERVICES.—

17 ‘‘(1) APPLICATION.—

18 ‘‘(A) IN GENERAL.—The State may, on be19 half of any adversely affected worker or group

20 of workers covered by a certification issued

21 under section 231—

22 ‘‘(i) file an application with the Sec23 retary for services under section 173 of the

24 Workforce Investment Act of 1998 (relat25 ing to National Emergency Grants); and
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•S 1209 IS

1 ‘‘(ii) provide other services under title

2 I of the Workforce Investment Act of

3 1998.

4 ‘‘(B) SERVICES.—The services available

5 under this paragraph include transportation,

6 child care, and dependent care that are nec7 essary to enable a worker to participate in ac8 tivities authorized under this chapter.

9 ‘‘(2) CONDITIONS.—The Secretary may approve

10 an application filed under paragraph (1)(A)(i) and

11 provide supportive services to an adversely affected

12 worker only if the Secretary determines that all of

13 the following apply:

14 ‘‘(A) NECESSITY.—Providing services is

15 necessary to enable the worker to participate in

16 or complete training.

17 ‘‘(B) CONSISTENT WITH WORKFORCE IN18 VESTMENT ACT.—The services are consistent

19 with the supportive services provided to partici20 pants under the provisions relating to dislocated

21 worker employment and training activities set

22 forth in chapter 5 of subtitle B of title I of the

23 Workforce Investment Act of 1998 (29 U.S.C.

24 2861 et seq.).

25 ‘‘(b) WAGE INSURANCE PROGRAM.—
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1 ‘‘(1) IN GENERAL.—Not later than 1 year after

2 the date of enactment of this Act, the Secretary

3 shall establish a Wage Insurance Program under

4 which a State shall use the funds provided to the

5 State for trade adjustment allowances to pay to an

6 adversely affected worker certified under section 231

7 a wage subsidy of up to 50 percent of the difference

8 between the wages received by the adversely affected

9 worker from reemployment and the wages received

10 by the adversely affected worker at the time of sepa11 ration for a period not to exceed 2 years.

12 ‘‘(2) AMOUNT OF PAYMENT.—

13 ‘‘(A) WAGES UNDER $40,000.—If the wages

14 the worker receives from reemployment are less

15 than $40,000 a year, the wage subsidy shall be

16 50 percent of the difference between the

17 amount of the wages received by the worker

18 from reemployment and the amount of the

19 wages received by the worker at the time of

20 separation.

21 ‘‘(B) WAGES BETWEEN $40,000 AND

22 $50,000.—If the wages received by the worker

23 from reemployment are greater than $40,000 a

24 year but less than $50,000 a year, the wage

25 subsidy shall be 25 percent of the difference be-
67

•S 1209 IS

1 tween the amount of the wages received by the

2 worker from reemployment and the amount of

3 the wages received by the worker at the time of

4 separation.

5 ‘‘(2) ELIGIBILITY.—An adversely affected work6 er may be eligible to receive a wage subsidy under

7 this subsection if the worker—

8 ‘‘(A) enrolls in the Wage Insurance Pro9 gram;

10 ‘‘(B) obtains reemployment not more than

11 26 weeks after the date of separation from the

12 adversely affected employment;

13 ‘‘(C) is at least 50 years of age;

14 ‘‘(D) earns not more than $50,000 a year

15 in wages from reemployment;

16 ‘‘(E) is employed at least 30 hours a week

17 in the reemployment; and

18 ‘‘(F) does not return to the employment

19 from which the worker was separated.

20 ‘‘(3) AMOUNT OF PAYMENTS.—The payments

21 made under paragraph (1) to an adversely affected

22 worker may not exceed $10,000 over the 2-year pe23 riod.

24 ‘‘(4) LIMITATION ON OTHER BENEFITS.—At

25 the time a worker begins to receive a wage subsidy
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•S 1209 IS

1 under this subsection the worker shall not be eligible

2 to receive any benefits under this Act other than the

3 wage subsidy.

4 ‘‘(c) STUDIES OF ASSISTANCE AVAILABLE TO ECO5 NOMICALLY DISTRESSED WORKERS.—

6 ‘‘(1) STUDY BY THE GENERAL ACCOUNTING OF7 FICE.—

8 ‘‘(A) IN GENERAL.—The Comptroller Gen9 eral of the United States shall conduct a study

10 of all assistance provided by the Federal Gov11 ernment for workers facing job loss and eco12 nomic distress.

13 ‘‘(B) REPORT.—Not later than 1 year

14 after the date of enactment of this Act, the

15 Comptroller General shall submit to the Com16 mittee on Finance of the Senate and the Com17 mittee on Ways and Means of the House of

18 Representatives a report on the study con19 ducted under subparagraph (A). The report

20 shall include a description of—

21 ‘‘(i) all Federal programs designed to

22 assist workers facing job loss and economic

23 distress, including all benefits and services;

24 ‘‘(ii) eligibility requirements for each

25 of the programs; and
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•S 1209 IS

1 ‘‘(iii) procedures for applying for and

2 receiving benefits and services under each

3 of the programs.

4 ‘‘(C) DISTRIBUTION OF GAO REPORT.—

5 The report described in subparagraph (B) shall

6 be distributed to all one-stop partners author7 ized under the Workforce Investment Act of

8 1998.

9 ‘‘(2) STUDIES BY THE STATES.—

10 ‘‘(A) IN GENERAL.—Each State may con11 duct a study of its assistance programs for

12 workers facing job loss and economic distress.

13 ‘‘(B) GRANTS.—The Secretary may award

14 to each State a grant, not to exceed $100,000,

15 to enable the State to conduct the study de16 scribed in subparagraph (A).

17 ‘‘(C) REPORT.—Not later than 1 year

18 after the date of enactment of this Act, each

19 State that receives a grant under subparagraph

20 (B) shall submit to the Committee on Finance

21 of the Senate and the Committee on Ways and

22 Means of the House of Representatives the re23 port described in subparagraph (A).

24 ‘‘(D) DISTRIBUTION OF STATE RE25 PORTS.—A report prepared by a State under
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1 this paragraph shall be distributed to the one2 stop partners in the State.

3 ‘‘Subchapter D—Payment and Enforcement

4 Provisions

5 ‘‘SEC. 244. PAYMENTS TO STATES.

6 ‘‘(a) IN GENERAL.—The Secretary, from time to

7 time, shall certify to the Secretary of the Treasury for pay8 ment to each cooperating State, the sums necessary to en9 able that State as agent of the United States to make pay10 ments provided for by this chapter.

11 ‘‘(b) LIMITATION ON USE OF FUNDS.—

12 ‘‘(1) IN GENERAL.—All money paid to a cooper13 ating State under this section shall be used solely

14 for the purposes for which it is paid.

15 ‘‘(2) RETURN OF FUNDS NOT SO USED.—

16 Money paid that is not used for the purpose under

17 subsection (a) shall be returned, at the time speci18 fied in the agreement entered into under section

19 222, to the Secretary of the Treasury.

20 ‘‘(c) SURETY BOND.—Any agreement under section

21 222 may require any officer or employee of the cooper22 ating State certifying payments or disbursing funds under

23 the agreement or otherwise participating in the perform24 ance of the agreement, to give a surety bond to the United

25 States in an amount the Secretary deems necessary, and
71

•S 1209 IS

1 may provide for the payment of the cost of that bond from

2 funds for carrying out the purposes of this chapter.

3 ‘‘SEC. 245. LIABILITIES OF CERTIFYING AND DISBURSING

4 OFFICERS.

5 ‘‘(a) LIABILITY OF CERTIFYING OFFICIALS.—No

6 person designated by the Secretary, or designated pursu7 ant to an agreement entered into under section 222, as

8 a certifying officer, in the absence of gross negligence or

9 intent to defraud the United States, shall be liable with

10 respect to any payment certified by that person under this

11 chapter.

12 ‘‘(b) LIABILITY OF DISBURSING OFFICERS.—No dis13 bursing officer, in the absence of gross negligence or intent

14 to defraud the United States, shall be liable with respect

15 to any payment by that officer under this chapter if the

16 payment was based on a voucher signed by a certifying

17 officer designated according to subsection (a).

18 ‘‘SEC. 246. FRAUD AND RECOVERY OF OVERPAYMENTS.

19 ‘‘(a) IN GENERAL.—

20 ‘‘(1) OVERPAYMENT.—If a cooperating State,

21 the Secretary, or a court of competent jurisdiction

22 determines that any person has received any pay23 ment under this chapter to which the person was not

24 entitled, including a payment referred to in sub25 section (b), that person shall be liable to repay that
72

•S 1209 IS

1 amount to the cooperating State or the Secretary, as

2 the case may be.

3 ‘‘(2) EXCEPTION.—The cooperating State or

4 the Secretary may waive repayment if the cooper5 ating State or the Secretary determines, in accord6 ance with guidelines prescribed by the Secretary,

7 that all of the following apply:

8 ‘‘(A) NO FAULT.—The payment was made

9 without fault on the part of the person.

10 ‘‘(B) REPAYMENT CONTRARY TO EQ11 UITY.—Requiring repayment would be contrary

12 to equity and good conscience.

13 ‘‘(3) PROCEDURE FOR RECOVERY.—

14 ‘‘(A) RECOVERY FROM OTHER ALLOW15 ANCES AUTHORIZED.—Unless an overpayment

16 is otherwise recovered or waived under para17 graph (2), the cooperating State or the Sec18 retary shall recover the overpayment by deduc19 tions from any sums payable to that person

20 under this chapter, under any Federal unem21 ployment compensation law administered by the

22 cooperating State or the Secretary, or under

23 any other Federal law administered by the co24 operating State or the Secretary that provides
73

•S 1209 IS

1 for the payment of assistance or an allowance

2 with respect to unemployment.

3 ‘‘(B) RECOVERY FROM STATE ALLOW4 ANCES AUTHORIZED.—Notwithstanding any

5 other provision of Federal or State law, the

6 Secretary may require a cooperating State to

7 recover any overpayment under this chapter by

8 deduction from any unemployment insurance

9 payable to that person under State law, except

10 that no single deduction under this paragraph

11 shall exceed 50 percent of the amount otherwise

12 payable.

13 ‘‘(b) INELIGIBILITY FOR FURTHER PAYMENTS.—Any

14 person, in addition to any other penalty provided by law,

15 shall be ineligible for any further payments under this

16 chapter if a cooperating State, the Secretary, or a court

17 of competent jurisdiction determines that one of the fol18 lowing applies:

19 ‘‘(1) FALSE STATEMENT.—The person know20 ingly made, or caused another to make, a false state21 ment or representation of a material fact, and as a

22 result of the false statement or representation, the

23 person received any payment under this chapter to

24 which the person was not entitled.
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•S 1209 IS

1 ‘‘(2) FAILURE TO DISCLOSE.—The person

2 knowingly failed, or caused another to fail, to dis3 close a material fact, and as a result of the non4 disclosure, the person received any payment under

5 this chapter to which the person was not entitled.

6 ‘‘(c) HEARING.—Except for overpayments deter7 mined by a court of competent jurisdiction, no repayment

8 may be required, and no deduction may be made, under

9 this section until a determination under subsection (a) by

10 the cooperating State or the Secretary, as the case may

11 be, has been made, notice of the determination and an

12 opportunity for a fair hearing has been given to the person

13 concerned, and the determination has become final.

14 ‘‘(d) RECOVERED FUNDS.—Any amount recovered

15 under this section shall be returned to the Treasury of

16 the United States.

17 ‘‘SEC. 247. CRIMINAL PENALTIES.

18 ‘‘Whoever makes a false statement of a material fact

19 knowing it to be false, or knowingly fails to disclose a ma20 terial fact, for the purpose of obtaining or increasing for

21 that person or for any other person any payment author22 ized to be furnished under this chapter or pursuant to an

23 agreement under section 222 shall be fined not more than

24 $1,000, imprisoned for not more than 1 year, or both.
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1 ‘‘SEC. 248. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated to the De3 partment of Labor, for the period beginning October 1,

4 2001, and ending September 30, 2006, such sums as may

5 be necessary to carry out the purposes of this chapter.

6 Amounts appropriated under this section shall remain

7 available until expended.

8 ‘‘SEC. 249. REGULATIONS.

9 ‘‘The Secretary shall prescribe such regulations as

10 may be necessary to carry out the provisions of this chap11 ter.

12 ‘‘SEC. 250. SUBPOENA POWER.

13 ‘‘(a) IN GENERAL.—The Secretary may require by

14 subpoena the attendance of witnesses and the production

15 of evidence necessary to make a determination under the

16 provisions of this chapter.

17 ‘‘(b) COURT ORDER.—If a person refuses to obey a

18 subpoena issued under subsection (a), a competent United

19 States district court, upon petition by the Secretary, may

20 issue an order requiring compliance with such subpoena.’’.

21 SEC. 102. 50 PERCENT REFUNDABLE TAX CREDIT TOWARD

22 PREMIUMS FOR COBRA CONTINUATION COV23 ERAGE.

24 (a) IN GENERAL.—Subpart C of part IV of sub25 chapter A of chapter 1 of the Internal Revenue Code of

26 1986 (relating to refundable credits) is amended by redes-
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1 ignating section 35 as section 36 and by inserting after

2 section 34 the following new section:

3 ‘‘SEC. 35. COBRA CONTINUATION COVERAGE PREMIUMS.

4 ‘‘(a) IN GENERAL.—In the case of an eligible indi5 vidual, there shall be allowed as a credit against the tax

6 imposed by this subtitle for the taxable year an amount

7 equal to 50 percent of the amount paid by the taxpayer

8 during such year as continuation health coverage pre9 miums.

10 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this

11 section, the term ‘eligible individual’ means any individual

12 who is a member of a group of workers certified as eligible

13 to apply for adjustment assistance under chapter 2 of title

14 II of the Trade Act of 1974 (19 U.S.C. 221, et seq.).

15 ‘‘(c) CONTINUATION HEALTH COVERAGE PREMIUMS

16 DEFINED.—For purposes of this section, the term ‘con17 tinuation health coverage premiums’ means, for any period

18 during which a taxpayer is an eligible individual, pre19 miums paid for continuation coverage (as defined in sec20 tion 4980B(f)) under a group health plan for such period

21 but only if failure to offer such coverage to the taxpayer

22 for such period would constitute a failure by such health

23 plan to meet the requirements of section 4980B(f).

24 ‘‘(d) COORDINATION WITH MEDICAL EXPENSE DE25 DUCTION.—The amount which would (but for this sub-
77

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1 section) be taken into account by the taxpayer under sec2 tion 213 for the taxable year shall be reduced by the credit

3 (if any) allowed by this section to the taxpayer for such

4 year.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) Paragraph (2) of section 1324(b) of title

7 31, United States Code, is amended by inserting be8 fore the period ‘‘, or from section 35 of such Code’’.

9 (2) The table of sections for subpart C of part

10 IV of subchapter A of chapter 1 of the Internal Rev11 enue Code of 1986 is amended by striking the last

12 item and inserting the following new items:

‘‘Sec. 35. COBRA continuation coverage premiums.

‘‘Sec. 36. Overpayments of tax.’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall apply to taxable years beginning after

15 December 31, 2001, for premiums for months beginning

16 with January 2002.

17 TITLE II—TRADE ADJUSTMENT

18 ASSISTANCE FOR FIRMS

19 SEC. 201. REAUTHORIZATION OF PROGRAM.

20 (a) IN GENERAL.—Section 256(b) of chapter 3 of

21 title II of the Trade Act of 1974 (19 U.S.C. 2346(b)) is

22 amended to read as follows:

23 ‘‘(b) There are authorized to be appropriated to the

24 Secretary for the period beginning October 1, 2001, and
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1 ending on September 30, 2006, such sums as may be nec2 essary to carry out the Secretary’s functions under this

3 chapter in connection with furnishing adjustment assist4 ance to firms. Amounts appropriated under this subsection

5 shall remain available until expended.’’.

6 (b) ELIGIBILITY CRITERIA.—Section 251(c) of Chap7 ter 3 of title II of the Trade Act of 1974 (19 U.S.C.

8 2341(c)(1)) is amended—

9 (1) in paragraph (1), by striking subparagraphs

10 (B) and (C) and inserting the following:

11 ‘‘(B) increases of imports of articles like or di12 rectly competitive with articles which are produced

13 by such firm contributed importantly to such total

14 or partial separation, or threat thereof, and

15 ‘‘(C) a shift in production by the workers’ firm

16 or subdivision to a foreign country of articles like or

17 directly competitive with articles which are produced

18 by that firm or subdivision contributed importantly

19 to the workers’ separation or threat of separation.’’;

20 and

21 (2) in paragraph (2), by striking ‘‘paragraph

22 (1)(C)’’ and inserting ‘‘subparagraphs (B) and (C)

23 of paragraph (1)’’.
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1 TITLE III—TRADE ADJUSTMENT

2 ASSISTANCE FOR COMMUNITIES

3 SEC. 301. PURPOSE.

4 The purpose of this title is to assist communities with

5 economic adjustment through the integration of political

6 and economic organizations, the coordination of Federal,

7 State, and local resources, the creation of community8 based development strategies, and the provision of eco9 nomic transition assistance.

10 SEC. 302. TRADE ADJUSTMENT ASSISTANCE FOR COMMU11 NITIES.

12 Chapter 4 of title II of the Trade Act of 1974 (19

13 U.S.C. 2371 et seq.) is amended to read as follows:

14 ‘‘CHAPTER 4—COMMUNITY ECONOMIC

15 ADJUSTMENT

16 ‘‘SEC. 271. DEFINITIONS.

17 ‘‘In this chapter:

18 ‘‘(1) CIVILIAN LABOR FORCE.—The term ‘civil19 ian labor force’ has the meaning given that term in

20 regulations prescribed by the Secretary of Labor.

21 ‘‘(2) COMMUNITY.—The term ‘community’

22 means a county or equivalent political subdivision of

23 a State.
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1 ‘‘(A) RURAL COMMUNITY.—The term

2 ‘rural community’ means a community that has

3 a rural-urban continuum code of 4 through 9.

4 ‘‘(B) URBAN COMMUNITY.—The term

5 ‘urban community’ means a community that

6 has a rural-urban continuum code of 0 through

7 3.

8 ‘‘(3) COMMUNITY ECONOMIC DEVELOPMENT CO9 ORDINATING COMMITTEE.—The term ‘Community

10 Economic Development Coordinating Committee’ or

11 ‘Committee’ means a community group established

12 under section 274 that consists of major groups sig13 nificantly affected by an increase in imports or a

14 shift in production, including local, regional, tribal,

15 and State governments, regional councils of govern16 ments and economic development, and business,

17 labor, education, health, religious, and other commu18 nity-based organizations.

19 ‘‘(4) DIRECTOR.—The term ‘Director’ means

20 the Director of the Office of Community Economic

21 Adjustment.

22 ‘‘(5) ELIGIBLE COMMUNITY.—The term ‘eligible

23 community’ means a community certified under sec24 tion 273 as eligible for assistance under this chap25 ter.
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1 ‘‘(6) JOB LOSS.—The term ‘job loss’ means the

2 total or partial separation of an individual, as those

3 terms are defined in section 221.

4 ‘‘(7) OFFICE.—The term ‘Office’ means the Of5 fice of Community Economic Adjustment established

6 under section 272.

7 ‘‘(8) RURAL-URBAN CONTINUUM CODE.—The

8 term ‘rural-urban continuum code’ means a code as9 signed to a community according to the rural-urban

10 continuum code system, as defined by the Economic

11 Research Service of the Department of Agriculture.

12 ‘‘(9) SECRETARY.—The term ‘Secretary’ means

13 the Secretary of Commerce.

14 ‘‘SEC. 272. OFFICE OF COMMUNITY ECONOMIC ADJUST15 MENT.

16 ‘‘(a) ESTABLISHMENT.—There is established an Of17 fice of Community Economic Adjustment in the Office of

18 the Secretary of Commerce.

19 ‘‘(b) PERSONNEL.—The Office shall be headed by a

20 Director, and such staff as may be necessary to carry out

21 the responsibilities described in this chapter.

22 ‘‘(c) COORDINATION OF FEDERAL RESPONSE.—The

23 Office shall—
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1 ‘‘(1) provide leadership, support, and coordina2 tion for a comprehensive management program to

3 address economic dislocation in eligible communities;

4 ‘‘(2) establish an easily accessible, one-stop

5 clearinghouse for States and eligible communities to

6 obtain information regarding economic development

7 assistance available under Federal law;

8 ‘‘(3) coordinate the Federal response to an eli9 gible community—

10 ‘‘(A) by identifying all Federal, State, and

11 local resources that are available to assist the

12 eligible community in recovering from economic

13 distress;

14 ‘‘(B) by ensuring that all Federal agencies

15 offering assistance to an eligible community do

16 so in a targeted, integrated manner that en17 sures that an eligible community has access to

18 all available Federal assistance;

19 ‘‘(C) by assuring timely consultation and

20 cooperation between Federal, State, and re21 gional officials concerning community economic

22 adjustment;

23 ‘‘(D) by identifying and strengthening ex24 isting agency mechanisms designed to assist
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1 communities in economic adjustment and work2 force reemployment;

3 ‘‘(E) by applying consistent policies, prac4 tices, and procedures in the administration of

5 Federal programs that are used to assist com6 munities adversely impacted by an increase in

7 imports or a shift in production;

8 ‘‘(F) by creating, maintaining, and using a

9 uniform economic database to analyze commu10 nity adjustment activities; and

11 ‘‘(G) by assigning a community economic

12 adjustment advisor to work with each eligible

13 community;

14 ‘‘(4) provide comprehensive technical assistance

15 to any eligible community in the efforts of that com16 munity to—

17 ‘‘(A) identify serious economic problems in

18 the community that result from an increase in

19 imports or shift in production;

20 ‘‘(B) integrate the major groups and orga21 nizations significantly affected by the economic

22 adjustment;

23 ‘‘(C) organize a Community Economic De24 velopment Coordinating Committee;
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1 ‘‘(D) access Federal, State, and local re2 sources designed to assist in economic develop3 ment and trade adjustment assistance;

4 ‘‘(E) diversify and strengthen the commu5 nity economy; and

6 ‘‘(F) develop a community-based strategic

7 plan to address workforce dislocation and eco8 nomic development;

9 ‘‘(5) establish specific criteria for submission

10 and evaluation of a strategic plan submitted under

11 section 276(d);

12 ‘‘(6) administer the grant programs established

13 under sections 276 and 277; and

14 ‘‘(7) establish an interagency Trade Adjustment

15 Assistance Working Group, consisting of the rep16 resentatives of any Federal department or agency

17 with responsibility for economic adjustment assist18 ance, including the Department of Agriculture, the

19 Department of Defense, the Department of Edu20 cation, the Department of Labor, the Department of

21 Housing and Urban Development, the Department

22 of Health and Human Services, the Small Business

23 Administration, the Department of the Treasury, the

24 Department of Commerce, the Office of the United
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1 States Trade Representative, and the National Eco2 nomic Council.

3 ‘‘SEC. 273. NOTIFICATION AND CERTIFICATION AS AN ELI4 GIBLE COMMUNITY.

5 ‘‘(a) NOTIFICATION.—The Secretary of Labor, not

6 later than 15 days after making a determination that a

7 group of workers is eligible for trade adjustment assist8 ance under section 231, shall notify the Governor of the

9 State in which the community in which the worker’s firm

10 is located and the Director, of the Secretary’s determina11 tion.

12 ‘‘(b) CERTIFICATION.—Not later than 30 days after

13 notification by the Secretary of Labor described in sub14 section (a), the Director shall certify as eligible for assist15 ance under this chapter a community in which 1 of the

16 following conditions apply:

17 ‘‘(1) NUMBER OF JOB LOSSES.—The Director

18 shall certify that a community is eligible for assist19 ance under this chapter if—

20 ‘‘(A) in an urban community, at least 500

21 workers have been certified for assistance under

22 section 231 in the most recent 36-month period

23 preceding the date of certification under this

24 section for which data are available; or
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1 ‘‘(B) in a rural community, at least 300

2 workers have been certified for assistance under

3 section 231 in the most recent 36-month period

4 preceding the date of certification under this

5 section for which data are available.

6 ‘‘(2) PERCENT OF WORKFORCE UNEM7 PLOYED.—The Director shall certify that a commu8 nity is eligible for assistance under this chapter if

9 the unemployment rate for the community is at least

10 1 percent greater than the national unemployment

11 rate for the most recent 12-month period for which

12 data are available.

13 ‘‘(c) NOTIFICATION TO ELIGIBLE COMMUNITIES.—

14 Not later than 15 days after the Director certifies a com15 munity as eligible under subsection (b), the Director shall

16 notify the community—

17 ‘‘(1) of its determination under subsection (b);

18 ‘‘(2) of the provisions of this chapter;

19 ‘‘(3) how to access the clearinghouse established

20 under section 272(c)(2); and

21 ‘‘(4) how to obtain technical assistance provided

22 under section 272(c)(4).
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1 ‘‘SEC. 274. COMMUNITY ECONOMIC DEVELOPMENT COORDI2 NATING COMMITTEE.

3 ‘‘(a) ESTABLISHMENT.—In order to receive benefits

4 under this chapter, an eligible community shall establish

5 a Community Economic Development Coordinating Com6 mittee.

7 ‘‘(b) COMPOSITION OF THE COMMITTEE.—

8 ‘‘(1) LOCAL PARTICIPATION.—The Community

9 Economic Development Coordinating Committee es10 tablished by an eligible community under subsection

11 (a) shall include representatives of those groups sig12 nificantly affected by economic dislocation, such as

13 local, regional, tribal, and State governments, re14 gional councils of governments and economic devel15 opment, business, labor, education, health organiza16 tions, religious, and other community-based groups

17 providing assistance to workers, their families, and

18 communities.

19 ‘‘(2) FEDERAL PARTICIPATION.—Pursuant to

20 section 275(b)(3), the community economic adjust21 ment advisor, assigned by the Director to assist an

22 eligible community, shall serve as an ex officio mem23 ber of the Community Economic Development Co24 ordinating Committee, and shall arrange for partici25 pation by representatives of other Federal agencies

26 on that Committee as necessary.
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1 ‘‘(3) EXISTING ORGANIZATION.—An eligible

2 community may designate an existing organization

3 in that community as the Community Economic De4 velopment Coordinating Committee if that organiza5 tion meets the requirements of paragraph (1) for the

6 purposes of this chapter.

7 ‘‘(c) DUTIES.—The Community Economic Develop8 ment Coordinating Committee shall—

9 ‘‘(1) ascertain the severity of the community

10 economic adjustment required as a result of the in11 crease in imports or shift in production;

12 ‘‘(2) assess the capacity of the community to

13 respond to the required economic adjustment and

14 the needs of the community as it undertakes eco15 nomic adjustment, taking into consideration such

16 factors as the number of jobs lost, the size of the

17 community, the diversity of industries, the skills of

18 the labor force, the condition of the current labor

19 market, the availability of financial resources, the

20 quality and availability of educational facilities, and

21 the existence of a basic and advanced infrastructure

22 in the community;

23 ‘‘(3) facilitate a dialogue between concerned in24 terests in the community, represent the impacted

25 community, and ensure all interests in the commu-
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1 nity work collaboratively toward collective goals

2 without duplication of effort or resources;

3 ‘‘(4) oversee the development of a strategic plan

4 for community economic development, taking into

5 consideration the factors mentioned under para6 graph (2), and consistent with the criteria estab7 lished by the Secretary for the strategic plan devel8 oped under section 276;

9 ‘‘(5) create an executive council with an equi10 table representation of community interests to pro11 mote the strategic plan within the community and

12 ensure coordination and cooperation among all

13 stakeholders; and

14 ‘‘(6) apply for any grant, loan, or loan guar15 antee available under Federal law to develop or im16 plement the strategic plan, and be an eligible recipi17 ent for funding for economic adjustment for that

18 community.

19 ‘‘SEC. 275. COMMUNITY ECONOMIC ADJUSTMENT ADVI20 SORS.

21 ‘‘(a) IN GENERAL.—Pursuant to section

22 272(c)(3)(G), the Director shall assign a community eco23 nomic adjustment advisor to each eligible community.

24 ‘‘(b) DUTIES.—The community economic adjustment

25 advisor shall—
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1 ‘‘(1) provide technical assistance to the eligible

2 community, assist in the development and implemen3 tation of a strategic plan, including applying for any

4 grant available under this or any other Federal law

5 to develop or implement that plan;

6 ‘‘(2) at the local and regional level, coordinate

7 the response of all Federal agencies offering assist8 ance to the eligible community;

9 ‘‘(3) serve as an ex officio member of the Com10 munity Economic Development Coordinating Com11 mittee established by an eligible community under

12 section 274;

13 ‘‘(4) act as liaison between the Community Eco14 nomic Development Coordinating Committee estab15 lished by the eligible community and all other Fed16 eral agencies that offer assistance to eligible commu17 nities, including the Department of Agriculture, the

18 Department of Defense, the Department of Edu19 cation, the Department of Labor, the Department of

20 Housing and Urban Development, the Department

21 of Health and Human Services, the Small Business

22 Administration, the Department of the Treasury, the

23 National Economic Council, and other offices or

24 agencies of the Department of Commerce;
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1 ‘‘(5) report regularly to the Director regarding

2 the progress of development activities in the commu3 nity to which the community economic adjustment

4 advisor is assigned; and

5 ‘‘(6) perform other duties as directed by the

6 Secretary or the Director.

7 ‘‘SEC. 276. STRATEGIC PLANS.

8 ‘‘(a) IN GENERAL.—With the assistance of the com9 munity economic adjustment advisor, an eligible commu10 nity may develop a strategic plan for community economic

11 adjustment and diversification.

12 ‘‘(b) REQUIREMENTS FOR STRATEGIC PLAN.—A

13 strategic plan shall contain, at a minimum, the following:

14 ‘‘(1) A description and justification of the ca15 pacity for economic adjustment, including the meth16 od of financing to be used, the anticipated manage17 ment structure of the Community Economic Devel18 opment Coordinating Committee, and the commit19 ment of the community to the strategic plan over the

20 long term.

21 ‘‘(2) A description of, and a plan to accomplish,

22 the projects to be undertaken by the eligible commu23 nity.

24 ‘‘(3) A description of how the plan and the

25 projects to be undertaken by the eligible community
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1 will lead to job creation and job retention in the

2 community.

3 ‘‘(4) A description of any alternative develop4 ment plans that were considered, particularly less

5 costly alternatives, and why those plans were re6 jected in favor of the proposed plan.

7 ‘‘(5) A description of any additional steps the

8 eligible community will take to achieve economic ad9 justment and diversification.

10 ‘‘(6) A description and justification for the cost

11 and timing of proposed basic and advanced infra12 structure improvements in the eligible community.

13 ‘‘(7) A description of the occupational and

14 workforce conditions in the eligible community, in15 cluding but not limited to existing levels of work16 force skills and competencies, and educational pro17 grams available for workforce training and future

18 employment needs.

19 ‘‘(8) A description of how the plan will adapt to

20 changing markets, business cycles, and other vari21 ables.

22 ‘‘(9) A graduation strategy through which the

23 eligible community demonstrates that the community

24 will terminate the need for Federal assistance.

25 ‘‘(c) GRANTS TO DEVELOP STRATEGIC PLANS.—
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1 ‘‘(1) IN GENERAL.—The Director, upon receipt

2 of an application from a Community Economic De3 velopment Coordinating Committee on behalf of an

4 eligible community, shall award a grant to that com5 munity to be used to develop the strategic plan.

6 ‘‘(2) AMOUNT.—The amount of a grant made

7 under paragraph (1) shall be determined by the Sec8 retary, but may not exceed $100,000.

9 ‘‘(3) LIMIT.—Each community can only receive

10 1 grant for the purpose of developing a strategic

11 plan in any 5-year period.

12 ‘‘(d) SUBMISSION OF PLAN.—The strategic plan cre13 ated under subsection (a) shall be submitted to the Direc14 tor for evaluation and approval.

15 ‘‘SEC. 277. GRANTS FOR ECONOMIC DEVELOPMENT.

16 ‘‘The Director, upon receipt of an application from

17 the Community Economic Development Coordinating

18 Committee on behalf of an eligible community, may award

19 a grant to that community to carry out any project or

20 program included in the strategic plan approved under

21 section 276(d) that—

22 ‘‘(1) will be located in, or will create or preserve

23 jobs, in that eligible community; and
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1 ‘‘(2) implements the strategy of that eligible

2 community to create jobs in sectors that are ex3 pected to expand, including projects that—

4 ‘‘(A) encourage industries to locate in that

5 eligible community;

6 ‘‘(B) leverage resources to create or im7 prove Internet or telecommunications capabili8 ties to make the community more attractive for

9 business;

10 ‘‘(C) establish a funding pool for job cre11 ation through entrepreneurial activities;

12 ‘‘(D) assist existing firms in that commu13 nity to restructure or retool to become more

14 competitive in world markets and prevent job

15 loss; or

16 ‘‘(E) assist the community in acquiring the

17 resources necessary to meet the objectives set

18 out in the strategic plan.

19 ‘‘SEC. 278. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘There are authorized to be appropriated to the De21 partment of Commerce, for the period beginning October

22 1, 2001, and ending September 30, 2006, such sums as

23 may be necessary to carry out the purposes of this chap24 ter.
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1 ‘‘SEC. 279. GENERAL PROVISIONS.

2 ‘‘(a) REPORT BY THE DIRECTOR.—Not later than 6

3 months after the date of enactment of this Act and annu4 ally thereafter, the Director shall submit to the Committee

5 on Finance of the Senate and the Committee on Ways and

6 Means of the House of Representatives a report regarding

7 the programs established under this title.

8 ‘‘(b) REGULATIONS.—The Secretary shall prescribe

9 such regulations as are necessary to carry out the provi10 sions of this chapter.’’.

11 ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Funds appro12 priated under this chapter shall be used to supplement and

13 not supplant other Federal, State, and local public funds

14 expended to provide economic development assistance for

15 communities.’’.

16 TITLE IV—TRADE ADJUSTMENT

17 ASSISTANCE FOR FARMERS

18 SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

19 Title II of the Trade Act of 1974 (19 U.S.C. 2251

20 et seq.) is amended by adding at the end the following

21 new chapter:

22 ‘‘CHAPTER 6—ADJUSTMENT ASSISTANCE

23 FOR FARMERS

24 ‘‘SEC. 291. DEFINITIONS.

25 ‘‘In this chapter:
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1 ‘‘(1) AGRICULTURAL COMMODITY.—The term

2 ‘agricultural commodity’ means any agricultural

3 commodity (including livestock, fish, or harvested

4 seafood) in its raw or natural state.

5 ‘‘(2) AGRICULTURAL COMMODITY PRODUCER.—

6 The term ‘agricultural commodity producer’ means

7 any person who is engaged in the production and

8 sale of an agricultural commodity in the United

9 States and who owns or shares the ownership and

10 risk of loss of the agricultural commodity.

11 ‘‘(3) CONTRIBUTED IMPORTANTLY.—

12 ‘‘(A) IN GENERAL.—The term ‘contributed

13 importantly’ means a cause which is important

14 but not necessarily more important than any

15 other cause.

16 ‘‘(B) DETERMINATION OF CONTRIBUTED

17 IMPORTANTLY.—The determination of whether

18 imports of articles like or directly competitive

19 with an agricultural commodity with respect to

20 which the petition under this chapter was filed

21 contributed importantly to a decline in the price

22 of the agricultural commodity shall be made by

23 the Secretary of Agriculture.
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1 ‘‘(4) DULY AUTHORIZED REPRESENTATIVE.—

2 The term ‘duly authorized representative’ means an

3 association of agricultural commodity producers.

4 ‘‘(5) NATIONAL AVERAGE PRICE.—The term

5 ‘national average price’ means the national average

6 price paid to an agricultural commodity producer for

7 an agricultural commodity in a marketing year as

8 determined by the Secretary of Agriculture.

9 ‘‘(6) SECRETARY.—The term ‘Secretary’ means

10 the Secretary of Agriculture.

11 ‘‘SEC. 292. PETITIONS; GROUP ELIGIBILITY.

12 ‘‘(a) IN GENERAL.—A petition for a certification of

13 eligibility to apply for adjustment assistance under this

14 chapter may be filed with the Secretary by a group of agri15 cultural commodity producers or by their duly authorized

16 representative. Upon receipt of the petition, the Secretary

17 shall promptly publish notice in the Federal Register that

18 the Secretary has received the petition and initiated an

19 investigation.

20 ‘‘(b) HEARINGS.—If the petitioner, or any other per21 son found by the Secretary to have a substantial interest

22 in the proceedings, submits not later than 10 days after

23 the date of the Secretary’s publication under subsection

24 (a) a request for a hearing, the Secretary shall provide

25 for a public hearing and afford such interested persons
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1 an opportunity to be present, to produce evidence, and to

2 be heard.

3 ‘‘(c) GROUP ELIGIBILITY REQUIREMENTS.—The

4 Secretary shall certify a group of agricultural commodity

5 producers as eligible to apply for adjustment assistance

6 under this chapter if the Secretary determines—

7 ‘‘(1) that the national average price for the ag8 ricultural commodity, or a class of goods within the

9 agricultural commodity, produced by the group for

10 the most recent marketing year for which the na11 tional average price is available is less than 80 per12 cent of the average of the national average price for

13 such agricultural commodity, or such class of goods,

14 for the 5 marketing years preceding the most recent

15 marketing year; and

16 ‘‘(2) that increases in imports of articles like or

17 directly competitive with the agricultural commodity,

18 or class of goods within the agricultural commodity,

19 produced by the group contributed importantly to

20 the decline in price described in paragraph (1).

21 ‘‘(d) SPECIAL RULE FOR QUALIFIED SUBSEQUENT

22 YEARS.—A group of agricultural commodity producers

23 certified as eligible under section 293 shall be eligible to

24 apply for assistance under this chapter in any qualified
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1 year after the year the group is first certified, if the Sec2 retary determines that—

3 ‘‘(1) the national average price for the agricul4 tural commodity, or class of goods within the agri5 cultural commodity, produced by the group for the

6 most recent marketing year for which the national

7 average price is available is equal to or less than the

8 price determined under subsection (c)(1); and

9 ‘‘(2) the requirements of subsection (c)(2) are

10 met.

11 ‘‘(e) DETERMINATION OF QUALIFIED YEAR AND

12 COMMODITY.—In this chapter:

13 ‘‘(1) QUALIFIED YEAR.—The term ‘qualified

14 year’, with respect to a group of agricultural com15 modity producers certified as eligible under section

16 293, means each consecutive year after the year in

17 which the group is certified that the Secretary

18 makes the determination under subsection (c) or (d),

19 as the case may be.

20 ‘‘(2) CLASSES OF GOODS WITHIN A COM21 MODITY.—In any case in which there are separate

22 classes of goods within an agricultural commodity,

23 the Secretary shall treat each class as a separate

24 commodity in determining group eligibility, the na-
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1 tional average price, and level of imports under this

2 section and section 296.

3 ‘‘SEC. 293. DETERMINATIONS BY SECRETARY OF AGRI4 CULTURE.

5 ‘‘(a) IN GENERAL.—As soon as practicable after the

6 date on which a petition is filed under section 292, but

7 in any event not later than 60 days after that date, the

8 Secretary shall determine whether the petitioning group

9 meets the requirements of section 292 (c) or (d), as the

10 case may be and shall, if the group meets the require11 ments, issue a certification of eligibility to apply for assist12 ance under this chapter covering agricultural commodity

13 producers in any group that meet the requirements. Each

14 certification shall specify the date on which eligibility

15 under this chapter begins.

16 ‘‘(b) NOTICE.—Upon making a determination on a

17 petition, the Secretary shall promptly publish a summary

18 of the determination in the Federal Register, together with

19 the Secretary’s reasons for making the determination.

20 ‘‘(c) TERMINATION OF CERTIFICATION.—Whenever

21 the Secretary determines, with respect to any certification

22 of eligibility under this chapter, that the decline in price

23 for the agricultural commodity covered by the certification

24 is no longer attributable to the conditions described in sec25 tion 292, the Secretary shall terminate such certification
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1 and promptly cause notice of such termination to be pub2 lished in the Federal Register, together with the Sec3 retary’s reasons for making such determination.

4 ‘‘SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN

5 INTERNATIONAL TRADE COMMISSION BE6 GINS INVESTIGATION.

7 ‘‘(a) IN GENERAL.—Whenever the International

8 Trade Commission (in this chapter referred to as the

9 ‘Commission’) begins an investigation under section 202

10 with respect to an agricultural commodity, the Commis11 sion shall immediately notify the Secretary of the inves12 tigation. Upon receipt of the notification, the Secretary

13 shall immediately conduct a study of—

14 ‘‘(1) the number of agricultural commodity pro15 ducers producing a like or directly competitive agri16 cultural commodity who have been or are likely to be

17 certified as eligible for adjustment assistance under

18 this chapter, and

19 ‘‘(2) the extent to which the adjustment of such

20 producers to the import competition may be facili21 tated through the use of existing programs.

22 ‘‘(b) REPORT.—Not later than 15 days after the day

23 on which the Commission makes its report under section

24 202(f), the Secretary shall submit a report to the Presi25 dent setting forth the findings of the study under sub-
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1 section (a). Upon making his report to the President, the

2 Secretary shall also promptly make it public (with the ex3 ception of information which the Secretary determines to

4 be confidential) and shall have a summary of it published

5 in the Federal Register.

6 ‘‘SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL

7 COMMODITY PRODUCERS.

8 ‘‘(a) IN GENERAL.—The Secretary shall provide full

9 information to producers about the benefit allowances,

10 training, and other employment services available under

11 this title and about the petition and application proce12 dures, and the appropriate filing dates, for such allow13 ances, training, and services. The Secretary shall provide

14 whatever assistance is necessary to enable groups to pre15 pare petitions or applications for program benefits under

16 this title.

17 ‘‘(b) NOTICE OF BENEFITS.—

18 ‘‘(1) IN GENERAL.—The Secretary shall mail

19 written notice of the benefits available under this

20 chapter to each agricultural commodity producer

21 that the Secretary has reason to believe is covered

22 by a certification made under this chapter.

23 ‘‘(2) OTHER NOTICE.—The Secretary shall pub24 lish notice of the benefits available under this chap25 ter to agricultural commodity producers that are
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1 covered by each certification made under this chap2 ter in newspapers of general circulation in the areas

3 in which such producers reside.

4 ‘‘(3) OTHER FEDERAL ASSISTANCE.—The Sec5 retary shall also provide information concerning pro6 cedures for applying for and receiving all other Fed7 eral assistance and services available to workers fac8 ing economic distress.

9 ‘‘SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICUL10 TURAL COMMODITY PRODUCERS.

11 ‘‘(a) IN GENERAL.—Payment of a trade adjustment

12 allowance shall be made to an adversely affected agricul13 tural commodity producer covered by a certification under

14 this chapter who files an application for such allowance

15 within 90 days after the date on which the Secretary

16 makes a determination and issues a certification of eligi17 bility under section 293, if the following conditions are

18 met:

19 ‘‘(1) The producer submits to the Secretary suf20 ficient information to establish the amount of agri21 cultural commodity covered by the application filed

22 under subsection (a) that was produced by the pro23 ducer in the most recent year.
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1 ‘‘(2) The producer certifies that the producer

2 has not received cash benefits under any provision of

3 this title other than this chapter.

4 ‘‘(3) The producer’s net farm income (as deter5 mined by the Secretary) for the most recent year is

6 less than the producer’s net farm income for the lat7 est year in which no adjustment assistance was re8 ceived by the producer under this chapter.

9 ‘‘(4) The producer certifies that the producer

10 has met with an Extension Service employee or

11 agent to obtain, at no cost to the producer, informa12 tion and technical assistance that will assist the pro13 ducer in adjusting to import competition with re14 spect to the adversely affected agricultural com15 modity, including—

16 ‘‘(A) information regarding the feasibility

17 and desirability of substituting 1 or more alter18 native commodities for the adversely affected

19 agricultural commodity; and

20 ‘‘(B) technical assistance that will improve

21 the competitiveness of the production and mar22 keting of the adversely affected agricultural

23 commodity by the producer, including yield and

24 marketing improvements.

25 ‘‘(b) AMOUNT OF CASH BENEFITS.—
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1 ‘‘(1) IN GENERAL.—Subject to the provisions of

2 section 298, an adversely affected agricultural com3 modity producer described in subsection (a) shall be

4 entitled to adjustment assistance under this chapter

5 in an amount equal to the product of—

6 ‘‘(A) one-half of the difference between—

7 ‘‘(i) an amount equal to 80 percent of

8 the average of the national average price of

9 the agricultural commodity covered by the

10 application described in subsection (a) for

11 the 5 marketing years preceding the most

12 recent marketing year, and

13 ‘‘(ii) the national average price of the

14 agricultural commodity for the most recent

15 marketing year, and

16 ‘‘(B) the amount of the agricultural com17 modity produced by the agricultural commodity

18 producer in the most recent marketing year.

19 ‘‘(2) SPECIAL RULE FOR SUBSEQUENT QUALI20 FIED YEARS.—The amount of cash benefits for a

21 qualified year shall be determined in the same man22 ner as cash benefits are determined under paragraph

23 (1) except that the average national price of the ag24 ricultural commodity shall be determined under

25 paragraph (1)(A)(i) by using the 5-marketing-year
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1 period used to determine the amount of cash bene2 fits for the first certification.

3 ‘‘(c) MAXIMUM AMOUNT OF CASH ASSISTANCE.—

4 The maximum amount of cash benefits an agricultural

5 commodity producer may receive in any 12-month period

6 shall not exceed $10,000.

7 ‘‘(d) LIMITATIONS ON OTHER ASSISTANCE.—An ag8 ricultural commodity producer entitled to receive a cash

9 benefit under this chapter—

10 ‘‘(1) shall not be eligible for any other cash

11 benefit under this title, and

12 ‘‘(2) shall be entitled to employment services

13 and training benefits under part III of subchapter C

14 of chapter 2.

15 ‘‘SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.

16 ‘‘(a) IN GENERAL.—

17 ‘‘(1) REPAYMENT.—If the Secretary, or a court

18 of competent jurisdiction, determines that any per19 son has received any payment under this chapter to

20 which the person was not entitled, such person shall

21 be liable to repay such amount to the Secretary, ex22 cept that the Secretary may waive such repayment

23 if the Secretary determines, in accordance with

24 guidelines prescribed by the Secretary, that—
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1 ‘‘(A) the payment was made without fault

2 on the part of such person; and

3 ‘‘(B) requiring such repayment would be

4 contrary to equity and good conscience.

5 ‘‘(2) RECOVERY OF OVERPAYMENT.—Unless an

6 overpayment is otherwise recovered, or waived under

7 paragraph (1), the Secretary shall recover the over8 payment by deductions from any sums payable to

9 such person under this chapter.

10 ‘‘(b) FALSE STATEMENTS.—If the Secretary, or a

11 court of competent jurisdiction, determines that a

12 person—

13 ‘‘(1) knowingly has made, or caused another to

14 make, a false statement or representation of a mate15 rial fact, or

16 ‘‘(2) knowingly has failed, or caused another to

17 fail, to disclose a material fact,

18 and, as a result of such false statement or representation,

19 or of such nondisclosure, such person has received any

20 payment under this chapter to which the person was not

21 entitled, such person shall, in addition to any other pen22 alty provided by law, be ineligible for any further pay23 ments under this chapter.

24 ‘‘(c) NOTICE AND DETERMINATION.—Except for

25 overpayments determined by a court of competent jurisdic-
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1 tion, no repayment may be required, and no deduction

2 may be made, under this section until a determination

3 under subsection (a)(1) by the Secretary has been made,

4 notice of the determination and an opportunity for a fair

5 hearing thereon has been given to the person concerned,

6 and the determination has become final.

7 ‘‘(d) PAYMENT TO TREASURY.—Any amount recov8 ered under this section shall be returned to the Treasury

9 of the United States.

10 ‘‘(e) PENALTIES.—Whoever makes a false statement

11 of a material fact knowing it to be false, or knowingly fails

12 to disclose a material fact, for the purpose of obtaining

13 or increasing for himself or for any other person any pay14 ment authorized to be furnished under this chapter shall

15 be fined not more than $10,000 or imprisoned for not

16 more than 1 year, or both.

17 ‘‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘(a) IN GENERAL.—There are authorized to be ap19 propriated and there are appropriated to the Department

20 of Agriculture not to exceed $100,000,000 for each of the

21 fiscal years 2002 through 2006 to carry out the purposes

22 of this chapter.

23 ‘‘(b) PROPORTIONATE REDUCTION.—If in any year,

24 the amount appropriated under this chapter is insufficient

25 to meet the requirements for adjustment assistance pay-
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1 able under this chapter, the amount of assistance payable

2 under this chapter shall be reduced proportionately.’’.

3 TITLE V—CONFORMING AMEND4 MENTS AND EFFECTIVE DATE

5 SEC. 501. CONFORMING AMENDMENTS.

6 (a) AMENDMENTS TO THE TRADE ACT OF 1974.—

7 (1) ASSISTANCE TO INDUSTRIES.—Section 265

8 of the Trade Act of 1974 (19 U.S.C. 2355) is

9 amended by striking ‘‘certified as eligible to apply

10 for adjustment assistance under sections 231 or

11 251’’, and inserting ‘‘certified as eligible for trade

12 adjustment assistance benefits under section 231, or

13 as eligible to apply for adjustment assistance under

14 section 251’’.

15 (2) GENERAL ACCOUNTING OFFICE REPORT.—

16 Section 280(a) of the Trade Act of 1974 is amended

17 by striking ‘‘January 31, 1980’’ and inserting ‘‘Jan18 uary 31, 2004’’.

19 (3) JUDICIAL REVIEW.—Section 284(a) of the

20 Trade Act of 1974 (19 U.S.C. 2395(a)) is amended

21 by striking ‘‘under section 223 or section 250(c)’’

22 and all that follows through ‘‘the Secretary of Com23 merce under section 271’’ and inserting ‘‘under sec24 tion 231, a firm or its representative, or any other

25 interested domestic party aggrieved by a final deter-
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1 mination of the Secretary of Commerce under sec2 tion 251 or a farmer aggrieved by a determination

3 of the Secretary of Agriculture under section 292, or

4 a community or any other interested domestic party

5 aggrieved by a final determination of the Director of

6 the Office of Community Economic Adjustment

7 under section 273’’.

8 (4) TERMINATION.—Section 285 of the Trade

9 Act of 1974 is amended to read as follows:

10 ‘‘SEC. 285. TERMINATION.

11 ‘‘(a) ASSISTANCE FOR WORKERS.—

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), trade adjustment assistance, vouchers, al14 lowances, and other payments or benefits may not be

15 provided under chapter 2 after September 30, 2006.

16 ‘‘(2) EXCEPTION.—Notwithstanding subsection

17 (a)(1), a worker shall continue to receive trade ad18 justment assistance benefits and other benefits

19 under chapter 2 for any week for which the worker

20 meets the eligibility requirements of that chapter, if

21 on or before September 30, 2006, the worker is—

22 ‘‘(A) certified as eligible for trade adjust23 ment assistance benefits under section 231; and

24 ‘‘(B) is otherwise eligible to receive trade

25 adjustment assistance benefits under chapter 2.
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1 ‘‘(b) OTHER ASSISTANCE.—

2 ‘‘(1) ASSISTANCE FOR FIRMS.—Technical as3 sistance may not be provided under chapter 3 after

4 September 30, 2006.

5 ‘‘(2) ASSISTANCE FOR COMMUNITIES.—Tech6 nical assistance and other payments may not be pro7 vided under chapter 4 after September 30, 2006.’’.

8 (5) TABLE OF CONTENTS.—

9 (A) IN GENERAL.—The table of contents

10 for chapters 2, 3, and 4 of title II of the Trade

11 Act of 1974 is amended to read as follows:

‘‘CHAPTER 2—ADJUSTMENT ASSISTANCE FOR WORKERS

‘‘SUBCHAPTER A—GENERAL PROVISIONS

‘‘Sec. 221. Definitions.

‘‘Sec. 222. Agreements with States.

‘‘Sec. 223. Administration absent State agreement.

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

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

‘‘SUBCHAPTER B—CERTIFICATIONS

‘‘Sec. 231. Certification as adversely affected workers.

‘‘Sec. 232. Benefit information to workers.

‘‘SUBCHAPTER C—PROGRAM BENEFITS

‘‘PART I—GENERAL PROVISIONS

‘‘Sec. 234. Comprehensive assistance.

‘‘PART II—TRADE ADJUSTMENT ALLOWANCES

‘‘Sec. 235. Qualifying requirements for workers.

‘‘Sec. 236. Weekly amounts.

‘‘Sec. 237. Limitations on trade adjustment allowances.

‘‘Sec. 238. Application of State laws.

‘‘PART III—EMPLOYMENT SERVICES, TRAINING, AND OTHER ALLOWANCES

‘‘Sec. 239. Employment services.

‘‘Sec. 240. Training.
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‘‘Sec. 241. Job search allowances.

‘‘Sec. 242. Relocation allowances.

‘‘Sec. 243. Supportive services.

‘‘SUBCHAPTER D—PAYMENT AND ENFORCEMENT PROVISIONS

‘‘Sec. 244. Payments to States.

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

‘‘Sec. 246. Fraud and recovery of overpayments.

‘‘Sec. 247. Criminal penalties.

‘‘Sec. 248. Authorization of appropriations.

‘‘Sec. 249. Regulations.

‘‘Sec. 250. Subpoena power.

‘‘CHAPTER 3—TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

‘‘Sec. 251. Petitions and determinations.

‘‘Sec. 252. Approval of adjustment proposals.

‘‘Sec. 253. Technical assistance.

‘‘Sec. 254. Financial assistance.

‘‘Sec. 255. Conditions for financial assistance.

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

‘‘Sec. 257. Administration of financial assistance.

‘‘Sec. 258. Protective provisions.

‘‘Sec. 259. Penalties.

‘‘Sec. 260. Suits.

‘‘Sec. 261. Definition of firm.

‘‘Sec. 262. Regulations.

‘‘Sec. 264. Study by Secretary of Commerce when International Trade

Commission begins investigation; action where there is affirmative finding.

‘‘Sec. 265. Assistance to industries.

‘‘CHAPTER 4—COMMUNITY ECONOMIC ADJUSTMENT

‘‘Sec. 271. Definitions.

‘‘Sec. 272. Office of Community Economic Adjustment.

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

‘‘Sec. 274. Community Economic Development Coordinating Committee.

‘‘Sec. 275. Community economic adjustment advisors.

‘‘Sec. 276. Strategic plans.

‘‘Sec. 277. Grants for economic development.

‘‘Sec. 278. Authorization of appropriations.

‘‘Sec. 279. General Provisions.’’.

1 (B) CHAPTER 6.—The table of contents for

2 title II of the Trade Act of 1974, as amended

3 by subparagraph (A), is amended by inserting

4 after the items relating to chapter 5 the fol5 lowing:
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‘‘CHAPTER 6—ADJUSTMENT ASSISTANCE FOR FARMERS

‘‘Sec. 291. Definitions.

‘‘Sec. 292. Petitions; group eligibility.

‘‘Sec. 293. Determinations by Secretary.

‘‘Sec. 294. Study by Secretary when International Trade Commission begins investigation.

‘‘Sec. 295. Benefit information to agricultural commodity producers.

‘‘Sec. 296. Qualifying requirements for agricultural commodity producers.

‘‘Sec. 297. Fraud and recovery of overpayments.

‘‘Sec. 298. Authorization of appropriations.’’.

1 (b) INTERNAL REVENUE CODE.—

2 (1) ADJUSTED GROSS INCOME.—Section

3 62(a)(12) of the Internal Revenue Code of 1986 (re4 lating to the definition of adjusted gross income) is

5 amended by striking ‘‘trade readjustment allowances

6 under section 231 or 232’’ and inserting ‘‘trade ad7 justment allowances under section 235 or 236’’.

8 (2) FEDERAL UNEMPLOYMENT.—

9 (A) IN GENERAL.—Section 3304(a)(8) of

10 the Internal Revenue Code of 1986 (relating to

11 the approval of State unemployment insurance

12 laws) is amended to read as follows:

13 ‘‘(8) compensation shall not be denied to an in14 dividual for any week because the individual is in

15 training with the approval of the State agency, or in

16 training approved by the Secretary of Labor pursu17 ant to chapter 2 of title II of the Trade Act of 1974

18 (or because of the application, to any such week in

19 training, of State law provisions relating to avail-
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1 ability for work, active search for work, or refusal to

2 accept work);’’.

3 (B) EFFECTIVE DATE.—

4 (i) IN GENERAL.—Except as provided

5 in clause (ii), the amendments made by

6 this paragraph shall apply in the case of

7 compensation paid for weeks beginning on

8 or after October 1, 2001.

9 (ii) MEETING OF STATE LEGISLA10 TURE.—

11 (I) IN GENERAL.—If the Sec12 retary of Labor identifies a State as

13 requiring a change to its statutes or

14 regulations in order to comply with

15 the amendments made by subpara16 graph (A), the amendments made by

17 subparagraph (A) shall apply in the

18 case of compensation paid for weeks

19 beginning after the earlier of—

20 (aa) the date the State

21 changes its statutes or regula22 tions in order to comply with the

23 amendments made by this sec24 tion; or
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1 (bb) the end of the first ses2 sion of the State legislature

3 which begins after the date of en4 actment of this Act or which

5 began prior to such date and re6 mained in session for at least 25

7 calendar days after such date;

8 except that in no case shall the

9 amendments made by this Act apply

10 before October 1, 2001.

11 (II) SESSION DEFINED.—In this

12 clause, the term ‘‘session’’ means a

13 regular, special, budget, or other ses14 sion of a State legislature.

15 (c) AMENDMENTS TO TITLE 28.—

16 (1) CIVIL ACTIONS AGAINST THE UNITED

17 STATES.—Section 1581(d) of title 28, United States

18 Code, is amended—

19 (A) in paragraph (1), by striking ‘‘section

20 223’’ and inserting ‘‘section 231’’; and

21 (B) in paragraph (3), by striking ‘‘section

22 271’’ and inserting ‘‘section 273’’.

23 (2) PERSONS ENTITLED TO COMMENCE A CIVIL

24 ACTION.—Section 2631 of title 28, United States

25 Code, is amended—
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1 (A) by amending subsection (d)(1) to read

2 as follows:

3 ‘‘(d)(1) A civil action to review any final determina4 tion of the Secretary of Labor under section 231 of the

5 Trade Act of 1974 with respect to the certification of

6 workers as adversely affected and eligible for trade adjust7 ment assistance under that Act may be commenced by a

8 worker, a group of workers, a certified or recognized

9 union, or an authorized representative of such worker or

10 group, that petitions for certification under that Act and

11 is aggrieved by the final determination.’’; and

12 (B) in subsection (d)(3), by striking ‘‘Sec13 retary of Commerce under section 271’’ and in14 serting ‘‘Director of the Office of Community

15 Economic Adjustment under section 273’’.

16 (3) TIME FOR COMMENCEMENT OF ACTION.—

17 Section 2636(d) of title 28, United States Code, is

18 amended by striking ‘‘under section 223 of the

19 Trade Act of 1974 or a final determination of the

20 Secretary of Commerce under section 251 or section

21 271 of such Act’’ and inserting ‘‘under section 231

22 of the Trade Act of 1974, a final determination of

23 the Secretary of Commerce under section 251 of

24 that Act, or a final determination of the Director of
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1 the Office of Community Economic Adjustment

2 under section 273 of that Act’’.

3 (4) SCOPE AND STANDARD OF REVIEW.—Sec4 tion 2640(c) of title 28, United States Code, is

5 amended by striking ‘‘under section 223 of the

6 Trade Act of 1974 or any final determination of the

7 Secretary of Commerce under section 251 or section

8 271 of such Act’’ and inserting ‘‘under section 231

9 of the Trade Act of 1974, a final determination of

10 the Secretary of Commerce under section 251 of

11 that Act, or a final determination of the Director of

12 the Office of Community Economic Adjustment

13 under section 273 of that Act’’.

14 (5) RELIEF.—Section 2643(c)(2) of title 28,

15 United States Code, is amended by striking ‘‘under

16 section 223 of the Trade Act of 1974 or any final

17 determination of the Secretary of Commerce under

18 section 251 or section 271 of such Act’’ and insert19 ing ‘‘under section 231 of the Trade Act of 1974,

20 a final determination of the Secretary of Commerce

21 under section 251 of that Act, or a final determina22 tion of the Director of the Office of Community Eco23 nomic Adjustment under section 273 of that Act’’.

24 (d) AMENDMENT TO THE FOOD STAMP ACT OF

25 1977.—Section 6(o)(1)(B) of the Food Stamp Act of 1977
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1 (7 U.S.C. 2015(o)(1)(B)) is amended by striking ‘‘section

2 236’’ and inserting ‘‘section 240’’.

3 TITLE VI—SAVINGS PROVISIONS

4 AND EFFECTIVE DATE

5 SEC. 601. SAVINGS PROVISIONS.

6 (a) PROCEEDINGS NOT AFFECTED.—

7 (1) IN GENERAL.—The provisions of this Act

8 shall not affect any petition for certification for ben9 efits under chapter 2 of title II of the Trade Act of

10 1974 that is in effect on September 30, 2001. De11 terminations shall be issued, appeals shall be taken

12 therefrom, and payments shall be made under those

13 determinations, as if this Act had not been enacted,

14 and orders issued in any proceeding shall continue

15 in effect until modified, terminated, superseded, or

16 revoked by a duly authorized official, by a court of

17 competent jurisdiction, or by operation of law.

18 (2) MODIFICATION OR DISCONTINUANCE.—

19 Nothing in this subsection shall be deemed to pro20 hibit the discontinuance or modification of any pro21 ceeding under the same terms and conditions and to

22 the same extent that the proceeding could have been

23 discontinued or modified if this Act had not been en24 acted.
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1 (b) SUITS NOT AFFECTED.—The provisions of this

2 Act shall not affect any suit commenced before October

3 1, 2001, and in all those suits, proceedings shall be had,

4 appeals taken, and judgments rendered in the same man5 ner and with the same effect as if this Act had not been

6 enacted.

7 (c) NONABATEMENT OF ACTIONS.—No suit, action,

8 or other proceeding commenced by or against the Federal

9 Government, or by or against any individual in the official

10 capacity of that individual as an officer of the Federal

11 Government, shall abate by reason of enactment of this

12 Act.

13 SEC. 602. EFFECTIVE DATE.

14 (a) IN GENERAL.—Except as otherwise provided in

15 section 102, section 501(b)(2)(B), and subsection (b) of

16 this section, the amendments made by this Act shall apply

17 to—

18 (1) petitions for certification filed under chapter

19 2 or 3 of title II of the Trade Act of 1974 on or

20 after October 1, 2001;

21 (2) petitions for certification filed under chapter

22 2 or 3 of title II of the Trade Act of 1974 before

23 October 1, 2001, that are pending on such date; and
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1 (3) certifications for assistance under chapter 4

2 of title II of the Trade Act of 1974 issued on or

3 after October 1, 2001.

4 (b) WORKERS CERTIFIED AS ELIGIBLE BEFORE OC5 TOBER 1, 2001.—Notwithstanding subsection (a), a work6 er shall continue to receive (or be eligible to receive) trade

7 adjustment assistance and other benefits under chapter 2

8 of title II of the Trade Act of 1974, as in effect on Sep9 tember 30, 2001, for any week for which the worker meets

10 the eligibility requirements of such chapter II as in effect

11 on such date, if on or before September 30, 2001, the

12 worker—

13 (1) was certified as eligible for trade adjust14 ment assistance benefits under such chapter as in

15 effect on such date; and

16 (2) would otherwise be eligible to receive trade

17 adjustment assistance benefits under such chapter

18 as in effect on such date.

Æ