I
107TH CONGRESS
1ST SESSION
H. R. 3359
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 HOUSE OF REPRESENTATIVES
NOVEMBER 28, 2001
Mr. BENTSEN (for himself and Ms. ESHOO) introduced the following bill;
which was referred to the Committee on Ways and Means
A BILL
To amend the Trade Act of 1974 to consolidate and improve
the trade adjustment assistance programs, to provide
community-based economic development assistance for
trade-affected communities, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Trade Adjustment Assistance for Workers, Farmers,
Communities, and Firms Act of 2001’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
TITLE I—TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
Sec. 101. Adjustment assistance for workers.
Sec. 102. 50 percent refundable tax credit toward premiums for COBRA con-
tinuation coverage.
TITLE II—TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
Sec. 201. Reauthorization of program.
TITLE III—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
Sec. 301. Purpose.
Sec. 302. Trade adjustment assistance for communities.
TITLE IV—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
Sec. 401. Trade adjustment assistance for farmers.
TITLE V—CONFORMING AMENDMENTS AND EFFECTIVE DATE
Sec. 501. Conforming amendments.
TITLE VI—SAVINGS PROVISIONS AND EFFECTIVE DATE
Sec. 601. Savings provisions.
Sec. 602. Effective date.
TITLE I—TRADE ADJUSTMENT
ASSISTANCE FOR WORKERS
SEC. 101. ADJUSTMENT ASSISTANCE FOR WORKERS.
Chapter 2 of title II of the Trade Act of 1974 (19
U.S.C. 2271 et seq.) is amended to read as follows:
‘‘CHAPTER 2—ADJUSTMENT ASSISTANCE
FOR WORKERS
‘‘Subchapter A—General Provisions
‘‘SEC. 221. DEFINITIONS.
‘‘In this chapter:
‘‘(1) ADDITIONAL
COMPENSATION.—The term
‘additional compensation’ has the meaning given
that term in section 205(3) of the Federal-State Ex-
tended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
‘‘(2) ADVERSELY
AFFECTED
EMPLOYMENT.—
The term ‘adversely affected employment’ means
employment in a firm or appropriate subdivision of
a firm, if workers of that firm or subdivision are eli-
gible to apply for adjustment assistance under this
chapter.
‘‘(3) ADVERSELY AFFECTED WORKER.—
‘‘(A) IN GENERAL.—The term ‘adversely
affected worker’ means a worker who is a mem-
ber of a group of workers certified by the Sec-
retary under section 231(a)(1) as eligible for
trade adjustment assistance.
‘‘(B) ADVERSELY
AFFECTED
SECONDARY
WORKER.—The term ‘adversely affected worker’
includes an adversely affected secondary worker
who is a member of a group of workers em-
ployed at a downstream producer or a supplier,
that is certified by the Secretary under section
231(a)(2) as eligible for trade adjustment as-
sistance.
‘‘(4) AVERAGE WEEKLY HOURS.—The term ‘av-
erage weekly hours’ means the average hours worked
by a worker (excluding overtime) in the employment
from which the worker has been or claims to have
been separated in the 52 weeks (excluding weeks
during which the worker was on leave for purposes
of vacation, sickness, maternity, military service, or
any other employer-authorized leave) preceding the
week specified in paragraph (5)(B)(ii).
‘‘(5) AVERAGE WEEKLY WAGE.—
‘‘(A) IN
GENERAL.—The term ‘average
weekly wage’ means 1⁄13 of the total wages paid
to an individual in the high quarter.
‘‘(B) DEFINITIONS.—For purposes of com-
puting the average weekly wage—
‘‘(i) the term ‘high quarter’ means the
quarter in which the individual’s total
wages were highest among the first 4 of
the last 5 completed calendar quarters im-
mediately before the quarter in which oc-
curs the week with respect to which the
computation is made; and
‘‘(ii) the term ‘week’ means the week
in which total separation occurred, or, in
cases where partial separation is claimed,
an appropriate week, as defined in regula-
tions prescribed by the Secretary.
‘‘(6) BENEFIT PERIOD.—The term ‘benefit pe-
riod’ means, with respect to an individual, the fol-
lowing:
‘‘(A) STATE LAW.—The benefit year and
any ensuing period, as determined under appli-
cable State law, during which the individual is
eligible for regular compensation, additional
compensation, or extended compensation.
‘‘(B) FEDERAL
LAW.—The equivalent to
the benefit year or ensuing period provided for
under the applicable Federal unemployment in-
surance law.
‘‘(7) BENEFIT YEAR.—The term ‘benefit year’
has the same meaning given that term in the Fed-
eral-State Extended Unemployment Compensation
Act of 1970 (26 U.S.C. 3304 note).
‘‘(8) CONTRIBUTED IMPORTANTLY.—The term
‘contributed importantly’ means a cause that is im-
portant but not necessarily more important than any
other cause.
‘‘(9) COOPERATING STATE.—The term ‘cooper-
ating State’ means any State that has entered into
an agreement with the Secretary under section 222.
‘‘(10) DOWNSTREAM
PRODUCER.—The term
‘downstream producer’ means a firm that performs
additional, value-added production processes, includ-
ing a firm that performs final assembly, finishing,
or packaging of articles produced by another firm.
‘‘(11) EXTENDED COMPENSATION.—The term
‘extended compensation’ has the meaning given that
term in section 205(4) of the Federal-State Ex-
tended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
‘‘(12) JOB FINDING CLUB.—The term ‘job find-
ing club’ means a job search workshop which in-
cludes a period of structured, supervised activity in
which participants attempt to obtain jobs.
‘‘(13) JOB SEARCH PROGRAM.—The term ‘job
search program’ means a job search workshop or job
finding club.
‘‘(14) JOB SEARCH WORKSHOP.—The term ‘job
search workshop’ means a short (1- to 3-day) sem-
inar, covering subjects such as labor market infor-
mation, re´sume´ writing, interviewing techniques, and
techniques for finding job openings, that is designed
to provide participants with knowledge that will en-
able the participants to find jobs.
‘‘(15) ON-THE-JOB TRAINING.—The term ‘on-
the-job training’ has the same meaning as that term
has in section 101(31) of the Workforce Investment
Act.
‘‘(16) PARTIAL SEPARATION.—A partial separa-
tion shall be considered to exist with respect to an
individual if—
‘‘(A) the individual has had a 20-percent
or greater reduction in the average weekly
hours worked by that individual in adversely af-
fected employment; and
‘‘(B) the individual has had a 20-percent
or greater reduction in the average weekly wage
of the individual with respect to adversely af-
fected employment.
‘‘(17) REGULAR
COMPENSATION.—The term
‘regular compensation’ has the meaning given that
term in section 205(2) of the Federal-State Ex-
tended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
‘‘(18) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of Labor.
‘‘(19) STATE.—The term ‘State’ includes each
State of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico.
‘‘(20) STATE AGENCY.—The term ‘State agen-
cy’ means the agency of the State that administers
the State law.
‘‘(21) STATE
LAW.—The term ‘State law’
means the unemployment insurance law of the State
approved by the Secretary under section 3304 of the
Internal Revenue Code of 1986.
‘‘(22) SUPPLIER.—The term ‘supplier’ means a
firm that produces component parts for, or articles
considered to be a part of, the production process
for articles produced by a firm or subdivision cov-
ered by a certification of eligibility under section
231. The term ‘supplier’ also includes a firm that
provides services under contract to a firm or subdivi-
sion covered by such certification.
‘‘(23) TOTAL
SEPARATION.—The term ‘total
separation’ means the layoff or severance of an indi-
vidual from employment with a firm in which or in
a subdivision of which, adversely affected employ-
ment exists.
‘‘(24) UNEMPLOYMENT INSURANCE.—The term
‘unemployment insurance’ means the unemployment
compensation payable to an individual under any
State law or Federal unemployment compensation
law, including chapter 85 of title 5, United States
Code, and the Railroad Unemployment Insurance
Act (45 U.S.C. 351 et seq.).
‘‘(25) WEEK.—Except as provided in paragraph
5(B)(ii), the term ‘week’ means a week as defined
in the applicable State law.
‘‘(26) WEEK OF UNEMPLOYMENT.—The term
‘week of unemployment’ means a week of total, part-
total, or partial unemployment as determined under
the applicable State law or Federal unemployment
insurance law.
‘‘SEC. 222. AGREEMENTS WITH STATES.
‘‘(a) IN GENERAL.—The Secretary is authorized on
behalf of the United States to enter into an agreement
with any State to facilitate the provision of services under
this chapter.
‘‘(b) TERMS OF AGREEMENTS.—
‘‘(1) IN
GENERAL.—Any agreement entered
into under subsection (a) shall require that the deliv-
ery of services under this chapter take place under
terms and conditions as are established by the Sec-
retary in consultation with the State and set forth
in the agreement.
‘‘(2) PROVISIONS OF AGREEMENTS.—Under an
agreement entered into under subsection (a), and as
an agent of the United States, the State shall—
‘‘(A) facilitate the early filing of petitions
under section 231(b) for any group of workers
that the State considers are likely to be eligible
for benefits under this chapter;
‘‘(B) assist the Secretary in the review of
any petition submitted from that State by
verifying the information and providing other
assistance as the Secretary may request;
‘‘(C) provide to adversely affected workers
statewide rapid response activities under section
134(a)(2)(A) of the Workforce Investment Act
of 1998 (29 U.S.C. 2864(a)(2)(A)) in the same
manner and to the same extent as any other
worker eligible for those activities;
‘‘(D) arrange for the provision of services
through the one-stop delivery system estab-
lished in section 134(c) of the Workforce In-
vestment Act of 1998 (29 U.S.C. 2864(c));
‘‘(E) advise each worker who applies for
unemployment insurance of the available bene-
fits under this chapter and the procedures and
deadlines for applying for those benefits;
‘‘(F) receive applications for services under
this chapter;
‘‘(G) provide payments on the basis pro-
vided in this chapter;
‘‘(H) afford adversely affected workers the
services provided under section 134(d) of the
Workforce Investment Act of 1998 (29 U.S.C.
2864(d)) in the same manner and to the same
extent as any other worker eligible for those
services;
‘‘(I) advise each adversely affected worker
to apply for training under section 240, and of
the deadlines for benefits related to enrollment
in training under this chapter;
‘‘(J) ensure that the State employees with
responsibility for carrying out an agreement en-
tered into under subsection (a)—
‘‘(i) inform adversely affected workers
covered by a certification issued under sec-
tion 231(c) of the workers’ (and individual
member’s of the worker’s family) potential
eligibility for—
‘‘(I) medical assistance under the
medicaid program established under
title XIX of the Social Security Act
(42 U.S.C. 1396a et seq.);
‘‘(II) 
child 
health 
assistance
under the State children’s health in-
surance program established under
title XXI of that Act (42 U.S.C.
1397aa et seq.);
‘‘(III) child care services for
which assistance is provided under the
Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et
seq.); and
‘‘(IV) other Federal and State
funded health care, child care, trans-
portation, and assistance programs
that the workers may be eligible for;
and
‘‘(ii) provide such workers with infor-
mation regarding how to apply for such as-
sistance, services, and programs;
‘‘(K) provide adversely affected workers re-
ferral to training approved under title I of the
Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.), or any other available Federal or
State program designed to assist dislocated
workers or unemployed individuals;
‘‘(L) provide training services under this
chapter using organizations approved by the
Secretary to effectively assist workers eligible
for assistance under this chapter;
‘‘(M) collect and transmit to the Secretary
any data as the Secretary shall reasonably re-
quire to assist the Secretary in assuring the ef-
fective and efficient performance of the pro-
grams carried out under this chapter; and
‘‘(N) otherwise actively cooperate with the
Secretary and with other Federal and State
agencies in providing payments and services
under this chapter, including participation in
the performance measurement system estab-
lished by the Secretary under section 224.
‘‘(c) OTHER PROVISIONS.—
‘‘(1) APPROVAL OF TRAINING PROVIDERS.—The
Secretary shall ensure that the training services pro-
vided by cooperating States are provided by organi-
zations approved by the Secretary to effectively as-
sist workers eligible for assistance under this chap-
ter.
‘‘(2) AMENDMENT, SUSPENSION, OR
TERMI-
NATION OF AGREEMENTS.—Each agreement entered
into under this section shall provide the terms and
conditions upon which the agreement may be amend-
ed, suspended, or terminated.
‘‘(3) EFFECT
ON
UNEMPLOYMENT
INSUR-
ANCE.—Each agreement entered into under this sec-
tion shall provide that unemployment insurance oth-
erwise payable to any adversely affected worker will
not be denied or reduced for any week by reason of
any right to payments under this chapter.
‘‘(4) COORDINATION OF WORKFORCE INVEST-
MENT ACTIVITIES.—In order to promote the coordi-
nation of Workforce Investment Act activities in
each State with activities carried out under this
chapter, each agreement entered into under this sec-
tion shall provide that the State shall submit to the
Secretary, in a form as the Secretary may require,
the description and information described in para-
graphs (8) and (14) of section 112(b) of the Work-
force Investment Act of 1998 (29 U.S.C. 2822(b)
(8) and (14)).
‘‘(d) REVIEW OF STATE DETERMINATIONS.—
‘‘(1) IN GENERAL.—A determination by a co-
operating State regarding entitlement to program
benefits under this chapter is subject to review in
the same manner and to the same extent as deter-
minations under the applicable State law.
‘‘(2) APPEAL.—A review undertaken by a co-
operating State under paragraph (1) may be ap-
pealed to the Secretary pursuant to such regulations
as the Secretary may prescribe.
‘‘SEC. 223. ADMINISTRATION ABSENT STATE AGREEMENT.
‘‘(a) IN GENERAL.—In any State in which there is
no agreement in force under section 222, the Secretary
shall arrange, under regulations prescribed by the Sec-
retary, for the performance of all necessary functions
under this chapter, including providing a hearing for any
worker whose application for payment is denied.
‘‘(b) FINALITY OF DETERMINATION.—A final deter-
mination under subsection (a) regarding entitlement to
program benefits under this chapter is subject to review
by the courts in the same manner and to the same extent
as is provided by section 205(g) of the Social Security Act
(42 U.S.C. 405(g)).
‘‘SEC. 224. DATA COLLECTION; EVALUATIONS; REPORTS.
‘‘(a) DATA COLLECTION.—The Secretary shall, pur-
suant to regulations prescribed by the Secretary, collect
any data necessary to meet the requirements of this chap-
ter.
‘‘(b) PERFORMANCE EVALUATIONS.—The Secretary
shall establish an effective performance measuring system
to evaluate the following:
‘‘(1) PROGRAM PERFORMANCE.—
‘‘(A) speed of petition processing;
‘‘(B) quality of petition processing;
‘‘(C) cost of training programs;
‘‘(D) coordination of programs under this
title with programs under the Workforce Invest-
ment Act (29 U.S.C. 2801 et seq.);
‘‘(E) length of time participants take to
enter and complete training programs;
‘‘(F) the effectiveness of individual con-
tractors in providing appropriate retraining in-
formation;
‘‘(G) the effectiveness of individual ap-
proved training programs in helping workers
obtain employment;
‘‘(H) best practices related to the provision
of benefits and retraining; and
‘‘(I) other data to evaluate how individual
States are implementing the requirements of
this title.
‘‘(2) PARTICIPANT OUTCOMES.—
‘‘(A) reemployment rates;
‘‘(B) types of jobs in which displaced work-
ers have been placed;
‘‘(C) wage and benefit maintenance results;
‘‘(D) training completion rates; and
‘‘(E) other data to evaluate how effective
programs under this chapter are for partici-
pants.
‘‘(3) PROGRAM PARTICIPATION DATA.—
‘‘(A) the number of workers receiving ben-
efits and the type of benefits being received;
‘‘(B) the number of workers enrolled in,
and the duration of, training by major types of
training;
‘‘(C) earnings history of workers that re-
flects wages before separation and wages in any
job obtained after receiving benefits under this
Act;
‘‘(D) the cause of dislocation identified in
each certified petition; and
‘‘(E) the number of petitions filed and
workers certified in each United States congres-
sional district.
‘‘(c) STATE PARTICIPATION.—The Secretary shall
ensure, to the extent practicable, through oversight and
effective internal control measures the following:
‘‘(1) STATE PARTICIPATION.—Participation by
each State in the performance measurement system
established under subsection (b).
‘‘(2) MONITORING.—Monitoring by each State
of internal control measures with respect to perform-
ance measurement data collected by each State.
‘‘(3) RESPONSE.—The quality and speed of the
rapid response provided by each State under section
134(a)(2)(A) of the Workforce Investment Act of
1998 (29 U.S.C. 2864(a)(2)(A)).
‘‘(d) REPORTS.—
‘‘(1) REPORTS BY THE SECRETARY.—
‘‘(A) INITIAL REPORT.—Not later than 6
months after the date of enactment of this Act,
the Secretary shall submit to the Committee on
Finance of the Senate and the Committee on
Ways and Means of the House of Representa-
tives a report that—
‘‘(i) describes the performance meas-
urement system established under sub-
section (b);
‘‘(ii) includes analysis of data col-
lected through the system established
under subsection (b);
‘‘(iii) includes information identifying
the number of workers who received waiv-
ers under section 235(c) and the average
duration of those during the preceding
year;
‘‘(iv) describes and analyzes State
participation in the system;
‘‘(v) analyzes the quality and speed of
the rapid response provided by each State
under section 134(a)(2)(A) of the Work-
force Investment Act of 1998 (29 U.S.C.
2864(a)(2)(A)); and
‘‘(vi) provides recommendations for
program improvements.
‘‘(B) ANNUAL REPORT.—Not later than 1
year after the date the report is submitted
under subparagraph (A), and annually there-
after, the Secretary shall submit to the Com-
mittee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of
Representatives a report that includes the infor-
mation collected under clauses (ii) through (iv)
of subparagraph (A).
‘‘(2) STATE REPORTS.—Pursuant to regulations
prescribed by the Secretary, each State shall submit
to the Secretary a report that details its participa-
tion in the programs established under this chapter,
and that contains the data necessary to allow the
Secretary to submit the report required under para-
graph (1).
‘‘(3) PUBLICATION.—The Secretary shall make
available to each State, and other public and private
organizations as determined by the Secretary, the
data gathered and evaluated through the perform-
ance measurement system established under para-
graph (1).
‘‘SEC. 225. STUDY BY SECRETARY OF LABOR WHEN INTER-
NATIONAL TRADE COMMISSION BEGINS IN-
VESTIGATION.
‘‘(a) NOTIFICATION OF INVESTIGATION.—Whenever
the International Trade Commission begins an investiga-
tion under section 202 with respect to an industry, the
Commission shall immediately notify the Secretary of that
investigation, and the Secretary shall immediately begin
a study of—
‘‘(1) the number of workers in the domestic in-
dustry producing the like or directly competitive ar-
ticle who have been or are likely to be certified as
eligible for adjustment assistance under this chapter;
and
‘‘(2) the extent to which the adjustment of
those workers to the import competition may be fa-
cilitated through the use of existing programs.
‘‘(b) REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall provide
a report based on the study conducted under sub-
section (a) to the President not later than 15 days
after the day on which the Commission makes its re-
port under section 202(f).
‘‘(2) 
PUBLICATION.—The 
Secretary 
shall
promptly make public the report provided to the
President under paragraph (1) (with the exception
of information which the Secretary determines to be
confidential) and shall have a summary of the report
published in the Federal Register.
‘‘Subchapter B—Certifications
‘‘SEC. 231. CERTIFICATION AS ADVERSELY AFFECTED
WORKERS.
‘‘(a) ELIGIBILITY FOR CERTIFICATION.—
‘‘(1) GENERAL RULE.—A group of workers (in-
cluding workers in any agricultural firm or subdivi-
sion of an agricultural firm) shall be certified by the
Secretary as adversely affected workers and eligible
for trade adjustment assistance benefits under this
chapter pursuant to a petition filed under subsection
(b) if the Secretary determines that—
‘‘(A) a significant number or proportion of
the workers in the workers’ firm or an appro-
priate subdivision of the firm have become to-
tally or partially separated, or are threatened to
become totally or partially separated; and
‘‘(B)(i)(I) the value or volume of imports
of articles like or directly competitive with arti-
cles produced by that firm or subdivision have
increased; and
‘‘(II) the increase in the value or volume of
imports described in subclause (I) contributed
importantly to the workers’ separation or threat
of separation; or
‘‘(ii)(I) there has been a shift in produc-
tion by the workers’ firm or subdivision to a
foreign country of articles like or directly com-
petitive with articles which are produced by
that firm or subdivision; and
‘‘(II) the shift in production described in
subclause (I) contributed importantly to the
workers’ separation or threat of separation.
‘‘(2) ADVERSELY AFFECTED SECONDARY WORK-
ER.—A group of workers (including workers in any
agricultural firm or subdivision of an agricultural
firm) shall be certified by the Secretary as adversely
affected and eligible for trade adjustment assistance
benefits under this chapter pursuant to a petition
filed under subsection (b) if the Secretary deter-
mines that—
‘‘(A) a significant number or proportion of
the workers in the workers’ firm or an appro-
priate subdivision of the firm have become to-
tally or partially separated, or are threatened to
become totally or partially separated;
‘‘(B) the workers’ firm (or subdivision) is
a supplier to a firm (or subdivision) or down-
stream producer to a firm (or subdivision) de-
scribed in paragraph (1)(B) (i) or (ii); and
‘‘(C) a loss of business with a firm (or sub-
division) described in paragraph (1)(B) (i) or
(ii) contributed importantly to the workers’ sep-
aration or threat of separation determined
under subparagraph (A).
‘‘(3) SPECIAL
PROVISIONS.—For purposes of
this section—
‘‘(A) 
OIL
AND
NATURAL
GAS
PRO-
DUCERS.—Any firm, or appropriate subdivision
of a firm, that engages in exploration or drilling
for oil or natural gas shall be considered to be
a firm producing oil or natural gas.
‘‘(B) OIL AND NATURAL GAS IMPORTS.—
Any firm, or appropriate subdivision of a firm,
that engages in exploration or drilling for oil or
natural gas, or otherwise produces oil or nat-
ural gas, shall be considered to be producing ar-
ticles directly competitive with imports of oil
and with imports of natural gas.
‘‘(C) TACONITE.—For purposes of this
Act, taconite pellets produced in the United
States shall be considered to be an article that
is like or directly competitive with imports of
semifinished steel slab.
‘‘(D) SERVICE WORKERS.—
‘‘(i) IN GENERAL.—Not later than 6
months after the date of enactment of the
Trade Adjustment Assistance for Workers,
Farmers, Communities, and Firms Act of
2001, the Secretary shall establish a pro-
gram to provide assistance under this
chapter to domestic operators of motor
carriers who are adversely affected by com-
petition from foreign owned and operated
motor carriers.
‘‘(ii) DATA
COLLECTION
SYSTEM.—
Not later than 6 months after the date of
enactment of the Trade Adjustment Assist-
ance for Workers, Farmers, Communities,
and Firms Act of 2001, the Secretary shall
put in place a system to collect data on ad-
versely affected service workers that in-
cludes the number of workers by State, in-
dustry and cause of dislocation for each
worker.
‘‘(iii) REPORT.—Not later than 2
years after the date of enactment of the
Trade Adjustment Assistance for Workers,
Farmers, Communities, and Firms Act of
2001, the Secretary shall report to Con-
gress the results of a study on means for
extending the programs in this chapter to
adversely affected service workers including
legislative recommendations.
‘‘(b) PETITIONS.—
‘‘(1) IN GENERAL.—A petition for certification
of eligibility for trade adjustment assistance under
this chapter for a group of adversely affected work-
ers shall be filed with the Secretary and with the
Governor of the State in which the firm or subdivi-
sion of the firm employing the workers is located.
‘‘(2) PERSONS WHO MAY FILE A PETITION.—A
petition under paragraph (1) may be filed by any of
the following:
‘‘(A) WORKERS.—The group of workers
(including workers in an agricultural firm or
subdivision or any agricultural firm).
‘‘(B) WORKER
REPRESENTATIVES.—The
certified or recognized union or other duly ap-
pointed representative of the workers.
‘‘(C) WORKER
ADJUSTMENT
AND
RE-
TRAINING NOTIFICATION.—Any entity to which
notice of a plant closing or mass layoff must be
given under section 3 of the Worker Adjust-
ment and Retraining Notification Act (29
U.S.C. 2102).
‘‘(D) OTHER.—Employers of workers de-
scribed in subparagraph (A), one-stop operators
or one-stop partners (as defined in section 101
of the Workforce Investment Act of 1998 (29
U.S.C. 2801)), or State employment agencies,
on behalf of the workers.
‘‘(E) REQUEST
TO
INITIATE
CERTIFI-
CATION.—The President, or the Committee on
Finance of the Senate or the Committee on
Ways and Means of the House of Representa-
tives (by resolution), may direct the Secretary
to initiate a certification process under this
chapter to determine the eligibility for trade ad-
justment assistance of a group of workers.
‘‘(3) ACTIONS BY GOVERNOR.—
‘‘(A) COOPERATING STATE.—Upon receipt
of a petition, the Governor of a cooperating
State shall ensure that the requirements of the
agreement entered into under section 222 are
met.
‘‘(B) OTHER STATES.—Upon receipt of a
petition, the Governor of a State that has not
entered into an agreement under section 222
shall coordinate closely with the Secretary to
ensure that workers covered by a petition are—
‘‘(i) provided with all available serv-
ices, including rapid response activities
under section 134 of the Workforce Invest-
ment Act (29 U.S.C. 2864);
‘‘(ii) informed of the workers’ (and in-
dividual member’s of the worker’s family)
potential eligibility for—
‘‘(I) medical assistance under the
medicaid program established under
title XIX of the Social Security Act
(42 U.S.C. 1396a et seq.);
‘‘(II) 
child 
health 
assistance
under the State children’s health in-
surance program established under
title XXI of that Act (42 U.S.C.
1397aa et seq.);
‘‘(III) child care services for
which assistance is provided under the
Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et
seq.); and
‘‘(IV) other Federal and State
funded health care, child care, trans-
portation, and assistance programs
that the workers may be eligible for;
and
‘‘(iii) provided with information re-
garding how to apply for the assistance,
services, and programs described in clause
(ii).
‘‘(c) ACTIONS BY SECRETARY.—
‘‘(1) IN GENERAL.—As soon as possible after
the date on which a petition is filed under subsection
(b), but not later than 45 days after that date, the
Secretary shall determine whether the petitioning
group meets the requirements of subsection (a) and
if warranted, shall issue a certification of eligibility
for trade adjustment assistance under this sub-
chapter. In making the determination, the Secretary
shall consult with all petitioning entities.
‘‘(2) PUBLICATION OF DETERMINATION.—Upon
making a determination under paragraph (1), the
Secretary shall promptly publish a summary of the
determination in the Federal Register together with
the reasons for making that determination.
‘‘(3) DATE
SPECIFIED
IN
CERTIFICATION.—
Each certification made under this subsection shall
specify the date on which the total or partial separa-
tion began or threatened to begin with respect to a
group of certified workers.
‘‘(4) PROJECTED TRAINING NEEDS.—The Sec-
retary shall inform the State Workforce Investment
Board or equivalent agency, and other public or pri-
vate agencies, institutions, employers, and labor or-
ganizations, as appropriate, of each certification
issued under section 231 and of projections, if avail-
able, of the needs for training under section 240 as
a result of that certification.
‘‘(d) SCOPE OF CERTIFICATION.—
‘‘(1) IN GENERAL.—A certification issued under
subsection (c) shall cover adversely affected workers
in any group that meets the requirements of sub-
section (a), whose total or partial separation oc-
curred on or after the date on which the petition
was filed under subsection (b).
‘‘(2) WORKERS SEPARATED PRIOR TO CERTIFI-
CATION.—A certification issued under subsection (c)
shall cover adversely affected workers whose total or
partial separation occurred not more than 1 year
prior to the date on which the petition was filed
under subsection (b).
‘‘(e) TERMINATION OF CERTIFICATION.—
‘‘(1) IN
GENERAL.—If the Secretary deter-
mines, with respect to any certification of eligibility,
that workers separated from a firm or subdivision
covered by a certification of eligibility are no longer
adversely affected workers, the Secretary shall ter-
minate the certification.
‘‘(2) PUBLICATION
OF
TERMINATION.—The
Secretary shall promptly publish notice of any termi-
nation made under paragraph (1) in the Federal
Register together with the reasons for making that
determination.
‘‘(3) APPLICATION.—Any determination made
under paragraph (1) shall apply only to total or par-
tial separations occurring after the termination date
specified by the Secretary.
‘‘SEC. 232. BENEFIT INFORMATION TO WORKERS.
‘‘(a) IN GENERAL.—The Secretary shall, in accord-
ance with the provisions of section 222 or 223, as appro-
priate, provide prompt and full information to adversely
affected workers covered by a certification issued under
section 231(c), including information regarding—
‘‘(1) benefit allowances, training, and other em-
ployment services available under this chapter;
‘‘(2) petition and application procedures under
this chapter;
‘‘(3) appropriate filing dates for the allowances,
training, and services available under this chapter;
and
‘‘(4) procedures for applying for and receiving
all other Federal benefits and services available to
separated workers during a period of unemployment.
‘‘(b) ASSISTANCE TO GROUPS OF WORKERS.—
‘‘(1) IN GENERAL.—The Secretary shall provide
any necessary assistance to enable groups of workers
to prepare petitions or applications for program ben-
efits.
‘‘(2) ASSISTANCE
FROM
STATES.—The Sec-
retary shall ensure that cooperating States fully
comply with the agreements entered into under sec-
tion 222 and shall periodically review that compli-
ance.
‘‘(c) NOTICE.—
‘‘(1) IN
GENERAL.—Not later that 15 days
after a certification is issued under section 231 (or
as soon as practicable after separation), the Sec-
retary shall provide written notice of the benefits
available under this chapter to each worker whom
the Secretary has reason to believe is covered by the
certification.
‘‘(2) PUBLICATION OF NOTICE.—The Secretary
shall publish notice of the benefits available under
this chapter to workers covered by each certification
made under section 231 in newspapers of general
circulation in the areas in which those workers re-
side.
‘‘Subchapter C—Program Benefits
‘‘PART I—GENERAL PROVISIONS
‘‘SEC. 234. COMPREHENSIVE ASSISTANCE.
‘‘Workers covered by a certification issued by the Sec-
retary under section 231 shall be eligible for the following:
‘‘(1) Trade adjustment allowances as described
in sections 235 through 238.
‘‘(2) Employment services as described in sec-
tion 239.
‘‘(3) Training as described in section 240.
‘‘(4) Job search allowances as described in sec-
tion 241.
‘‘(5) Relocation allowances as described in sec-
tion 242.
‘‘(6) Supportive services and wage insurance as
described in section 243.
‘‘PART II—TRADE ADJUSTMENT ALLOWANCES
‘‘SEC. 235. QUALIFYING REQUIREMENTS FOR WORKERS.
‘‘(a) IN GENERAL.—Payment of a trade adjustment
allowance shall be made to an adversely affected worker
covered by a certification under section 231 who files an
application for the allowance for any week of unemploy-
ment that begins more than 60 days after the date on
which the petition that resulted in the certification was
filed under section 231, if the following conditions are met:
‘‘(1) TIME OF TOTAL OR PARTIAL SEPARATION
FROM EMPLOYMENT.—The adversely affected work-
er’s total or partial separation before the worker’s
application under this chapter occurred—
‘‘(A) on or after the date, as specified in
the certification under which the worker is cov-
ered, on which total or partial separation from
adversely affected employment began or threat-
ened to begin in the adversely affected employ-
ment;
‘‘(B) before the expiration of the 2-year
period beginning on the date on which the cer-
tification under section 231 was issued; and
‘‘(C) before the termination date (if any)
determined pursuant to section 231(e).
‘‘(2) EMPLOYMENT REQUIRED.—
‘‘(A) IN GENERAL.—The adversely affected
worker had, in the 52-week period ending with
the week in which the total or partial separa-
tion occurred, at least 26 weeks of employment
at wages of $30 or more a week with a single
firm or subdivision of a firm.
‘‘(B) UNAVAILABILITY OF DATA.—If data
with respect to weeks of employment with a
firm are not available, the worker had equiva-
lent amounts of employment computed under
regulations prescribed by the Secretary.
‘‘(C) WEEK
OF
EMPLOYMENT.—For the
purposes of this paragraph any week shall be
treated as a week of employment at wages of
$30 or more, if an adversely affected worker—
‘‘(i) is on employer-authorized leave
for purposes of vacation, sickness, injury,
maternity, or inactive duty or active duty
military service for training;
‘‘(ii) does not work because of a dis-
ability that is compensable under a work-
men’s compensation law or plan of a State
or the United States;
‘‘(iii) had employment interrupted in
order to serve as a full-time representative
of a labor organization in that firm or sub-
division; or
‘‘(iv) is on call-up for purposes of ac-
tive duty in a reserve status in the Armed
Forces of the United States, provided that
active duty is ‘Federal service’ as defined
in section 8521(a)(1) of title 5, United
States Code.
‘‘(D) EXCEPTIONS.—
‘‘(i) In the case of weeks described in
clause (i) or (iii) of subparagraph (C), or
both, not more than 7 weeks may be treat-
ed as weeks of employment under subpara-
graph (C).
‘‘(ii) In the case of weeks described in
clause (ii) or (iv) of subparagraph (C), not
more than 26 weeks may be treated as
weeks of employment under subparagraph
(C).
‘‘(3) UNEMPLOYMENT
COMPENSATION.—The
adversely affected worker meets all of the following
requirements:
‘‘(A) ENTITLEMENT
TO
UNEMPLOYMENT
INSURANCE.—The worker was entitled to (or
would be entitled to if the worker applied for)
unemployment insurance for a week within the
benefit period—
‘‘(i) in which total or partial separa-
tion took place; or
‘‘(ii) which began (or would have
begun) by reason of the filing of a claim
for unemployment insurance by the worker
after total or partial separation.
‘‘(B) EXHAUSTION OF UNEMPLOYMENT IN-
SURANCE.—The worker has exhausted all rights
to any unemployment insurance to which the
worker was entitled (or would be entitled if the
worker had applied for any unemployment in-
surance).
‘‘(C) NO UNEXPIRED WAITING PERIOD.—
The worker does not have an unexpired waiting
period applicable to the worker for any unem-
ployment insurance.
‘‘(4) EXTENDED
UNEMPLOYMENT
COMPENSA-
TION.—The adversely affected worker, with respect
to a week of unemployment, would not be disquali-
fied for extended compensation payable under the
Federal-State Extended Unemployment Compensa-
tion Act of 1970 (26 U.S.C. 3304 note) by reason
of the work acceptance and job search requirements
in section 202(a)(3) of that Act.
‘‘(5) TRAINING.—The adversely affected worker
is enrolled in a training program approved by the
Secretary under section 240(a), and the enrollment
occurred not later than the latest of the periods de-
scribed in subparagraph (A), (B), or (C).
‘‘(A) 16 WEEKS.—The worker enrolled not
later than the last day of the 16th week after
the worker’s most recent total separation that
meets the requirements of paragraphs (1) and
(2).
‘‘(B) 8 WEEKS.—The worker enrolled not
later than the last day of the 8th week after the
week in which the Secretary issues a certifi-
cation covering the worker.
‘‘(C) EXTENUATING
CIRCUMSTANCES.—
Notwithstanding subparagraphs (A) and (B),
the adversely affected worker is eligible for
trade adjustment assistance if the worker en-
rolled not later than 45 days after the later of
the dates specified in subparagraph (A) or (B),
and the Secretary determines there are extenu-
ating circumstances that justify an extension in
the enrollment period.
‘‘(b) FAILURE TO PARTICIPATE IN TRAINING.—
‘‘(1) IN GENERAL.—Until the adversely affected
worker begins or resumes participation in a training
program approved under section 240(a), no trade
adjustment allowance may be paid under subsection
(a) to an adversely affected worker for any week or
any succeeding week in which—
‘‘(A) the Secretary determines that—
‘‘(i) the adversely affected worker—
‘‘(I) has failed to begin participa-
tion in a training program the enroll-
ment in which meets the requirement
of subsection (a)(5); or
‘‘(II) has ceased to participate in
such a training program before com-
pleting the training program; and
‘‘(ii) there is no justifiable cause for
the failure or cessation; or
‘‘(B) the waiver issued to that worker
under subsection (c)(1) is revoked under sub-
section (c)(2).
‘‘(2) EXCEPTION.—The provisions of subsection
(a)(5) and paragraph (1) shall not apply with re-
spect to any week of unemployment that begins be-
fore the first week following the week in which the
certification is issued under section 231.
‘‘(c) WAIVERS OF TRAINING REQUIREMENTS.—
‘‘(1) ISSUANCE
OF
WAIVERS.—The Secretary
may issue a written statement to an adversely af-
fected worker waiving the requirement to be enrolled
in training described in subsection (a) if the Sec-
retary determines that the training requirement is
not feasible or appropriate for the worker, as indi-
cated by 1 or more of the following:
‘‘(A) RECALL.—The worker has been noti-
fied that the worker will be recalled by the firm
from which the separation occurred.
‘‘(B) MARKETABLE SKILLS.—The worker
has marketable skills as determined pursuant to
an assessment of the worker, which may include
the profiling system under section 303(j) of the
Social Security Act (42 U.S.C. 503(j)), carried
out in accordance with guidelines issued by the
Secretary.
‘‘(C) RETIREMENT.—The worker is within
2 years of meeting all requirements for entitle-
ment to either—
‘‘(i) old-age insurance benefits under
title II of the Social Security Act (42
U.S.C. 401 et seq.) (except for application
therefore); or
‘‘(ii) a private pension sponsored by
an employer or labor organization.
‘‘(D) HEALTH.—The worker is unable to
participate in training due to the health of the
worker, except that a waiver under this sub-
paragraph shall not be construed to exempt a
worker from requirements relating to the avail-
ability for work, active search for work, or re-
fusal to accept work under Federal or State un-
employment compensation laws.
‘‘(E) ENROLLMENT
UNAVAILABLE.—The
first available enrollment date for the approved
training of the worker is within 60 days after
the date of the determination made under this
paragraph, or, if later, there are extenuating
circumstances for the delay in enrollment, as
determined pursuant to guidelines issued by the
Secretary.
‘‘(F) DURATION.—The duration of train-
ing appropriate for the individual to obtain suit-
able employment exceeds the individual’s max-
imum entitlement to basic and additional trade
adjustment allowances and, in addition, finan-
cial support available through other Federal or
State programs, including chapter 5 of subtitle
B of title I of the Workforce Investment Act of
1998 (29 U.S.C. 2861 et seq.), that would en-
able the individual to complete a suitable train-
ing program cannot be assured.
‘‘(G) EMPLOYMENT AVAILABLE.—There is
employment (which may include technical and
professional employment) available for an ad-
versely affected worker that offers equivalent
wages to those that the adversely affected work-
er earned prior to separation.
‘‘(H) NO
BENEFIT.—The worker would
not benefit from any training, or no training
that is suitable for the worker is available at a
reasonable cost.
‘‘(I) NO
REASONABLE
EXPECTATION
OF
EMPLOYMENT.—There is no reasonable expecta-
tion of employment following completion of the
training.
‘‘(J) TRAINING NOT AVAILABLE.—Training
approved by the Secretary is not reasonably
available to the worker from either govern-
mental agencies or private sources (which may
include area vocational education schools, as de-
fined in section 3 of the Carl D. Perkins Voca-
tional and Technical Education Act of 1998 (20
U.S.C. 2302), and employers).
‘‘(K) 
WORKER
NOT
QUALIFIED.—The
worker is not qualified to undertake and com-
plete any training.
‘‘(2) DURATION OF WAIVERS.—
‘‘(A) IN GENERAL.—A waiver issued under
paragraph (1) shall be effective for not more
than 6 months after the date on which the
waiver is issued, unless the Secretary deter-
mines otherwise.
‘‘(B) REVOCATION.—The Secretary shall
revoke a waiver issued under paragraph (1) if
the Secretary determines that the basis of a
waiver is no longer applicable to the worker.
‘‘(3) AMENDMENTS UNDER SECTION 222.—
‘‘(A) 
ISSUANCE
BY
COOPERATING
STATES.—Pursuant to an agreement under sec-
tion 222, the Secretary may authorize a cooper-
ating State to issue waivers as described in
paragraph (1) (except for the determination
under subparagraphs (F) and (G) of paragraph
(1)).
‘‘(B) SUBMISSION
OF
STATEMENTS.—An
agreement under section 222 shall include a re-
quirement that the cooperating State submit to
the Secretary the written statements provided
pursuant to paragraph (1) and a statement of
the reasons for the waiver.
‘‘(4) REASONABLE EXPECTATION OF EMPLOY-
MENT.—For 
purposes 
of 
applying 
subsection
(c)(1)(I), a reasonable expectation of employment
does not require that employment opportunities for
a worker be available, or offered, immediately upon
the completion of training approved under this sec-
tion.
‘‘SEC. 236. WEEKLY AMOUNTS.
‘‘(a) IN GENERAL.—Subject to subsections (b) and
(c), the trade adjustment allowance payable to an ad-
versely affected worker for a week of total unemployment
shall be an amount equal to the most recent weekly benefit
amount of the unemployment insurance payable to the
worker for a week of total unemployment preceding the
worker’s first exhaustion of unemployment insurance (as
determined for purposes of section 235(a)(3)(B)) reduced
(but not below zero) by—
‘‘(1) any training allowance deductible under
subsection (c); and
‘‘(2) any income that is deductible from unem-
ployment insurance under the disqualifying income
provisions of the applicable State law or Federal un-
employment insurance law.
‘‘(b) ADJUSTMENT
FOR
WORKERS
RECEIVING
TRAINING.—
‘‘(1) IN
GENERAL.—Any adversely affected
worker who is entitled to a trade adjustment allow-
ance and who is receiving training approved by the
Secretary, shall receive for each week in which the
worker is undergoing that training, a trade adjust-
ment allowance in an amount (computed for such
week) equal to the greater of—
‘‘(A) the amount computed under sub-
section (a); or
‘‘(B) the amount of any weekly allowance
for that training to which the worker would be
entitled under any other Federal law for the
training of workers, if the worker applied for
that allowance.
‘‘(2) ALLOWANCE PAID IN LIEU OF.—Any trade
adjustment allowance calculated under paragraph
(1) shall be paid in lieu of any training allowance to
which the worker would be entitled under any other
Federal law.
‘‘(3) COORDINATION WITH UNEMPLOYMENT IN-
SURANCE.—Any week in which a worker undergoing
training approved by the Secretary receives pay-
ments from unemployment insurance shall be sub-
tracted from the total number of weeks for which a
worker may receive trade adjustment allowance
under this chapter.
‘‘(c) ADJUSTMENT FOR WORKERS RECEIVING AL-
LOWANCES UNDER OTHER FEDERAL LAW.—
‘‘(1) REDUCTION IN WEEKS FOR WHICH AL-
LOWANCE WILL BE PAID.—If a training allowance
under any Federal law (other than this Act) is paid
to an adversely affected worker for any week of un-
employment with respect to which the worker would
be entitled (determined without regard to any dis-
qualification under section 235(b)) to a trade adjust-
ment allowance if the worker applied for that allow-
ance, each week of unemployment shall be deducted
from the total number of weeks of trade adjustment
allowance otherwise payable to that worker under
section 235(a) when the worker applies for a trade
adjustment allowance and is determined to be enti-
tled to the allowance.
‘‘(2) PAYMENT OF DIFFERENCE.—If the train-
ing allowance paid to a worker for any week of un-
employment is less than the amount of the trade ad-
justment allowance to which the worker would be en-
titled if the worker applied for the trade adjustment
allowance, the worker shall receive, when the worker
applies for a trade adjustment allowance and is de-
termined to be entitled to the allowance, a trade ad-
justment allowance for that week equal to the dif-
ference between the training allowance and the trade
adjustment allowance computed under subsection
(b).
‘‘SEC. 237. LIMITATIONS ON TRADE ADJUSTMENT ALLOW-
ANCES.
‘‘(a) AMOUNT PAYABLE.—The maximum amount of
trade adjustment allowance payable to an adversely af-
fected worker, with respect to the period covered by any
certification, shall be the amount that is the product of
104 multiplied by the trade adjustment allowance payable
to the worker for a week of total unemployment (as deter-
mined under section 236) reduced by the total sum of the
unemployment insurance to which the worker was entitled
(or would have been entitled if the worker had applied for
unemployment insurance) in the worker’s first benefit pe-
riod described in section 235(a)(3)(A).
‘‘(b) DURATION OF PAYMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a trade adjustment allowance shall not be
paid for any week occurring after the close of the
104-week period that begins with the first week fol-
lowing the week in which the adversely affected
worker was most recently totally separated—
‘‘(A) within the period that is described in
section 235(a)(1); and
‘‘(B) with respect to which the worker
meets the requirements of section 235(a)(2).
‘‘(2) SPECIAL RULES.—
‘‘(A) BREAK IN TRAINING.—For purposes
of this chapter, a worker shall be treated as
participating in a training program approved by
the Secretary under section 240(a) during any
week that is part of a break in a training that
does not exceed 30 days if—
‘‘(i) the worker was participating in a
training program approved under section
240(a) before the beginning of the break in
training; and
‘‘(ii) the break is provided under the
training program.
‘‘(B) ON-THE-JOB
TRAINING.—No trade
adjustment allowance shall be paid to a worker
under this chapter for any week during which
the worker is receiving on-the-job training.
‘‘(c) 
ADJUSTMENT
OF
AMOUNTS
PAYABLE.—
Amounts payable to an adversely affected worker under
this chapter shall be subject to adjustment on a week-to-
week basis as may be required by section 236.
‘‘(d) YEAR-END ADJUSTMENT.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this Act or any other provision of law,
if the benefit year of a worker ends within an ex-
tended benefit period, the number of weeks of ex-
tended benefits that the worker would, but for this
subsection, be entitled to in that extended benefit
period shall not be reduced by the number of weeks
for which the worker was entitled, during that ben-
efit year, to trade adjustment allowances under this
part.
‘‘(2) EXTENDED BENEFITS PERIOD.—For the
purpose of this section the term ‘extended benefit
period’ has the same meaning given that term in the
Federal-State Extended Unemployment Compensa-
tion Act of 1970 (26 U.S.C. 3304 note).
‘‘SEC. 238. APPLICATION OF STATE LAWS.
‘‘(a) IN GENERAL.—Except where inconsistent with
the provisions of this chapter and subject to such regula-
tions as the Secretary may prescribe, the availability and
disqualification provisions of the State law under which
an adversely affected worker is entitled to unemployment
insurance (whether or not the worker has filed a claim
for such insurance), or, if the worker is not so entitled
to unemployment insurance, of the State in which the
worker was totally or partially separated, shall apply to
a worker that files an application for trade adjustment as-
sistance.
‘‘(b) DURATION OF APPLICABILITY.—The State law
determined to be applicable with respect to a separation
of an adversely affected worker shall remain applicable for
purposes of subsection (a), with respect to a separation
until the worker becomes entitled to unemployment insur-
ance under another State law (whether or not the worker
has filed a claim for that insurance).
‘‘PART III—EMPLOYMENT SERVICES, TRAINING,
AND OTHER ALLOWANCES
‘‘SEC. 239. EMPLOYMENT SERVICES.
‘‘The Secretary shall, in accordance with section 222
or 223, as applicable, make every reasonable effort to se-
cure for adversely affected workers covered by a certifi-
cation under section 231, counseling, testing, placement,
and other services provided for under any other Federal
law.
‘‘SEC. 240. TRAINING.
‘‘(a) APPROVED TRAINING PROGRAMS.—
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove training programs that include—
‘‘(A) on-the-job training;
‘‘(B) any employment or training activity
provided through a one-stop delivery system
under chapter 5 of subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C.
2861 et seq.);
‘‘(C) any program of adult education;
‘‘(D) any training program (other than a
training program described in paragraph (3) for
which all, or any portion, of the costs of train-
ing the worker are paid—
‘‘(i) under any Federal or State pro-
gram other than this chapter; or
‘‘(ii) from any source other than this
section; and
‘‘(E) any other training program that the
Secretary determines is acceptable to meet the
needs of an adversely affected worker.
In making the determination under subparagraph
(E), the Secretary shall consult with interested par-
ties.
‘‘(2) TRAINING AGREEMENTS.—Before approv-
ing any training to which subsection (f)(1)(C) may
apply, the Secretary may require that the adversely
affected worker enter into an agreement with the
Secretary under which the Secretary will not be re-
quired to pay under subsection (b) the portion of the
costs of the training that the worker has reason to
believe will be paid under the program, or by the
source, described in clause (i) or (ii) of subsection
(f)(1)(C).
‘‘(3) LIMITATION
ON
APPROVALS.—The Sec-
retary shall not approve a training program if all of
the following apply:
‘‘(A) PAYMENT BY PLAN.—Any portion of
the costs of the training program are paid
under any nongovernmental plan or program.
‘‘(B) RIGHT
TO
OBTAIN.—The adversely
affected worker has a right to obtain training
or funds for training under that plan or pro-
gram.
‘‘(C) REIMBURSEMENT.—The plan or pro-
gram requires the worker to reimburse the plan
or program from funds provided under this
chapter, or from wages paid under the training
program, for any portion of the costs of that
training program paid under the plan or pro-
gram.
‘‘(b) PAYMENT OF TRAINING COSTS.—
‘‘(1) IN GENERAL.—Upon approval of a train-
ing program under subsection (a), and subject to the
limitations imposed by this section, an adversely af-
fected worker covered by a certification issued under
section 231 may be eligible to have payment of the
costs of that training, including any costs of an ap-
proved training program incurred by a worker before
a certification was issued under section 231, made
on behalf of the worker by the Secretary directly or
through a voucher system.
‘‘(2) ON-THE-JOB TRAINING.—
‘‘(A) PROVISION
OF
TRAINING
ON
THE
JOB.—If the Secretary approves training under
subsection (a), the Secretary shall, insofar as
possible, provide or assure the provision of that
training on the job, and any training on the job
that is approved by the Secretary under sub-
section (a) shall include related education nec-
essary for the acquisition of skills needed for a
position within a particular occupation.
‘‘(B) MONTHLY
INSTALLMENTS.—If the
Secretary approves payment of any on-the-job
training under subsection (a), the Secretary
shall pay the costs of that training in equal
monthly installments.
‘‘(C) LIMITATIONS.—The Secretary may
pay the costs of on-the-job training only if—
‘‘(i) no employed worker is displaced
by the adversely affected worker (including
partial displacement such as a reduction in
the hours of nonovertime work, wages, or
employment benefits);
‘‘(ii) the training does not impair con-
tracts for services or collective bargaining
agreements;
‘‘(iii) in the case of training that
would affect a collective bargaining agree-
ment, the written concurrence of the labor
organization concerned has been obtained;
‘‘(iv) no other individual is on layoff
from the same, or any substantially equiva-
lent, job for which the adversely affected
worker is being trained;
‘‘(v) the employer has not terminated
the employment of any regular employee or
otherwise reduced the workforce of the em-
ployer with the intention of filling the va-
cancy so created by hiring the adversely af-
fected worker;
‘‘(vi) the job for which the adversely
affected worker is being trained is not
being created in a promotional line that
will infringe in any way upon the pro-
motional opportunities of employed individ-
uals;
‘‘(vii) the training is not for the same
occupation from which the worker was sep-
arated and with respect to which the work-
er’s group was certified pursuant to section
231;
‘‘(viii) the employer certifies to the
Secretary that the employer will continue
to employ the worker for at least 26 weeks
after completion of the training if the
worker desires to continue the employment
and the employer does not have due cause
to terminate the employment;
‘‘(ix) the employer has not received
payment under subsection (b)(1) with re-
spect to any other on-the-job training pro-
vided by the employer that failed to meet
the requirements of clauses (i) through
(vi); and
‘‘(x) the employer has not taken, at
any time, any action that violated the
terms of any certification described in
clause (viii) made by that employer with
respect to any other on-the-job training
provided by the employer for which the
Secretary has made a payment under para-
graph (1).
‘‘(c) CERTAIN WORKERS ELIGIBLE FOR TRAINING
BENEFITS.—An adversely affected worker covered by a
certification issued under section 231, who is not qualified
to receive a trade adjustment allowance under section 235,
may be eligible to have payment of the costs of training
made under this section, if the worker enters a training
program approved by the Secretary not later than 6
months after the date on which the certification that cov-
ers the worker is issued or the Secretary determines that
one of the following applied:
‘‘(1) Funding was not available at the time at
which the adversely affected worker was required to
enter training under paragraph (1).
‘‘(2) The adversely affected worker was covered
by a waiver issued under section 235(c).
‘‘(d) EXHAUSTION OF UNEMPLOYMENT INSURANCE
NOT REQUIRED.—The Secretary may approve training,
and pay the costs thereof, for any adversely affected work-
er who is a member of a group certified under section 231
at any time after the date on which the group is certified,
without regard to whether the worker has exhausted all
rights to any unemployment insurance to which the worker
is entitled.
‘‘(e) SUPPLEMENTAL ASSISTANCE.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), when training is provided under a training
program approved by the Secretary under subsection
(a) in facilities that are not within commuting dis-
tance of a worker’s regular place of residence, the
Secretary may authorize supplemental assistance to
defray reasonable transportation and subsistence ex-
penses for separate maintenance.
‘‘(2) TRANSPORTATION
EXPENSES.—The Sec-
retary may not authorize payments for travel ex-
penses exceeding the prevailing mileage rate author-
ized under the Federal travel regulations.
‘‘(3) SUBSISTENCE EXPENSES.—The Secretary
may not authorize payments for subsistence that ex-
ceed the lesser of—
‘‘(A) the actual per diem expenses for sub-
sistence of the worker; or
‘‘(B) an amount equal to 50 percent of the
prevailing per diem allowance rate authorized
under Federal travel regulations.
‘‘(f) SPECIAL PROVISIONS; LIMITATIONS.—
‘‘(1) LIMITATION ON MAKING PAYMENTS.—
‘‘(A) DISALLOWANCE
OF
OTHER
PAY-
MENT.—If the costs of training an adversely af-
fected worker are paid by the Secretary under
subsection (b), no other payment for those
training costs may be made under any other
provision of Federal law.
‘‘(B) NO
PAYMENT
OF
REIMBURSABLE
COSTS.—No payment for the cost of approved
training may be made under subsection (b) if
those costs—
‘‘(i) have already been paid under any
other provision of Federal law; or
‘‘(ii) are reimbursable under any other
provision of Federal law and a portion of
those costs have already been paid under
that other provision of Federal law.
‘‘(C) NO PAYMENT OF COSTS PAID ELSE-
WHERE.—The Secretary is not required to pay
the costs of any training approved under sub-
section (a) to the extent that those costs are
paid under any Federal or State program other
than this chapter.
‘‘(D) EXCEPTION.—The provisions of this
paragraph shall not apply to, or take into ac-
count, any funds provided under any other pro-
vision of Federal law that are used for any pur-
pose other than the direct payment of the costs
incurred in training a particular adversely af-
fected worker, even if the use of those funds
has the effect of indirectly paying for or reduc-
ing any portion of the costs involved in training
the adversely affected worker.
‘‘(2) UNEMPLOYMENT ELIGIBILITY.—A worker
may not be determined to be ineligible or disquali-
fied for unemployment insurance or program bene-
fits under this subchapter because the individual is
in training approved under subsection (a), because
of leaving work which is not suitable employment to
enter the training, or because of the application to
any week in training of provisions of State law or
Federal unemployment insurance law relating to
availability for work, active search for work, or re-
fusal to accept work.
‘‘(3) DEFINITION.—For purposes of this section
the term ‘suitable employment’ means, with respect
to a worker, work of a substantially equal or higher
skill level than the worker’s past adversely affected
employment, and wages for such work at not less
than 80 percent of the worker’s average weekly
wage.
‘‘(4) PAYMENTS AFTER REEMPLOYMENT.—
‘‘(A) IN GENERAL.—In the case of an ad-
versely affected worker who secures reemploy-
ment, the Secretary may approve and pay the
costs of training (or shall continue to pay the
costs of training previously approved) for that
adversely affected worker, for the completion of
their training program or up to 26 weeks,
whichever is less, after the date the adversely
affected worker becomes reemployed.
‘‘(B) TRADE ADJUSTMENT ALLOWANCE.—
An adversely affected worker who is reemployed
and is undergoing training approved by the Sec-
retary pursuant to subparagraph (A) may con-
tinue to receive trade adjustment allowance,
subject to the income offsets provided for in the
worker’s State unemployment compensation law
in accordance with the provisions of section
237.
‘‘(5) FUNDING.—The total amount of payments
that may be made under this section for any fiscal
year shall not exceed $300,000,000.
‘‘SEC. 241. JOB SEARCH ALLOWANCES.
‘‘(a) JOB SEARCH ALLOWANCE AUTHORIZED.—
‘‘(1) IN GENERAL.—An adversely affected work-
er covered by a certification issued under section
231 may file an application with the Secretary for
payment of a job search allowance.
‘‘(2) APPROVAL OF APPLICATIONS.—The Sec-
retary may grant an allowance pursuant to an appli-
cation filed under paragraph (1) when all of the fol-
lowing apply:
‘‘(A) ASSIST ADVERSELY AFFECTED WORK-
ER.—The allowance is paid to assist an ad-
versely affected worker who has been totally
separated in securing a job within the United
States.
‘‘(B) LOCAL
EMPLOYMENT
NOT
AVAIL-
ABLE.—The Secretary determines that the
worker cannot reasonably be expected to secure
suitable employment in the commuting area in
which the worker resides.
‘‘(C) APPLICATION.—The worker has filed
an application for the allowance with the Sec-
retary before—
‘‘(i) the later of—
‘‘(I) the 365th day after the date
of the certification under which the
worker is certified as eligible; or
‘‘(II) the 365th day after the
date of the worker’s last total separa-
tion; or
‘‘(ii) the date that is the 182d day
after the date on which the worker con-
cluded training, unless the worker received
a waiver under section 235(c).
‘‘(b) AMOUNT OF ALLOWANCE.—
‘‘(1) IN
GENERAL.—An allowance granted
under subsection (a) shall provide reimbursement to
the worker of 90 percent of the cost of necessary job
search expenses as prescribed by the Secretary in
regulations.
‘‘(A) MAXIMUM ALLOWANCE.—Reimburse-
ment may not exceed $1,200 for any worker.
‘‘(B) ALLOWANCE FOR SUBSISTENCE AND
TRANSPORTATION.—Reimbursement may not be
made for subsistence and transportation ex-
penses at levels exceeding those allowable under
section 240(e).
‘‘(c) EXCEPTION.—Notwithstanding subsection (b),
the Secretary shall reimburse any adversely affected work-
er for necessary expenses incurred by the worker in par-
ticipating in a job search program approved by the Sec-
retary.
‘‘SEC. 242. RELOCATION ALLOWANCES.
‘‘(a) RELOCATION ALLOWANCE AUTHORIZED.—
‘‘(1) IN
GENERAL.—Any adversely affected
worker covered by a certification issued under sec-
tion 231 may file an application for a relocation al-
lowance with the Secretary, and the Secretary may
grant the relocation allowance, subject to the terms
and conditions of this section.
‘‘(2) CONDITIONS
FOR
GRANTING
ALLOW-
ANCE.—A relocation allowance may be granted if all
of the following terms and conditions are met:
‘‘(A) ASSIST
AN
ADVERSELY
AFFECTED
WORKER.—The relocation allowance will assist
an adversely affected worker in relocating with-
in the United States.
‘‘(B) LOCAL
EMPLOYMENT
NOT
AVAIL-
ABLE.—The Secretary determines that the
worker cannot reasonably be expected to secure
suitable employment in the commuting area in
which the worker resides.
‘‘(C) TOTAL SEPARATION.—The worker is
totally separated from employment at the time
relocation commences.
‘‘(D) 
SUITABLE
EMPLOYMENT
OB-
TAINED.—The worker—
‘‘(i) has obtained suitable employment
affording a reasonable expectation of long-
term duration in the area in which the
worker wishes to relocate; or
‘‘(ii) has obtained a bona fide offer of
such employment.
‘‘(E) APPLICATION.—The worker filed an
application with the Secretary before—
‘‘(i) the later of—
‘‘(I) the 425th day after the date
of the certification under section 231;
or
‘‘(II) the 425th day after the
date of the worker’s last total separa-
tion; or
‘‘(ii) the date that is the 182d day
after the date on which the worker con-
cluded training, unless the worker received
a waiver under section 235(c).
‘‘(b) AMOUNT OF ALLOWANCE.—The relocation al-
lowance granted to a worker under subsection (a)
includes—
‘‘(1) 90 percent of the reasonable and necessary
expenses (including, but not limited to, subsistence
and transportation expenses at levels not exceeding
those allowable under section 240(e)) specified in
regulations prescribed by the Secretary, incurred in
transporting the worker, the worker’s family, and
household effects; and
‘‘(2) a lump sum equivalent to 3 times the
worker’s average weekly wage, up to a maximum
payment of $1,500.
‘‘(c) LIMITATIONS.—A relocation allowance may not
be granted to a worker unless—
‘‘(1) the relocation occurs within 182 days after
the filing of the application for relocation assistance;
or
‘‘(2) the relocation occurs within 182 days after
the conclusion of training, if the worker entered a
training program approved by the Secretary under
section 240(a).
‘‘SEC. 243. SUPPORTIVE SERVICES; WAGE INSURANCE.
‘‘(a) SUPPORTIVE SERVICES.—
‘‘(1) APPLICATION.—
‘‘(A) IN GENERAL.—The State may, on be-
half of any adversely affected worker or group
of workers covered by a certification issued
under section 231—
‘‘(i) file an application with the Sec-
retary for services under section 173 of the
Workforce Investment Act of 1998 (relat-
ing to National Emergency Grants); and
‘‘(ii) provide other services under title
I of the Workforce Investment Act of
1998.
‘‘(B) SERVICES.—The services available
under this paragraph include transportation,
child care, and dependent care that are nec-
essary to enable a worker to participate in ac-
tivities authorized under this chapter.
‘‘(2) CONDITIONS.—The Secretary may approve
an application filed under paragraph (1)(A)(i) and
provide supportive services to an adversely affected
worker only if the Secretary determines that all of
the following apply:
‘‘(A) NECESSITY.—Providing services is
necessary to enable the worker to participate in
or complete training.
‘‘(B) CONSISTENT WITH WORKFORCE IN-
VESTMENT
ACT.—The services are consistent
with the supportive services provided to partici-
pants under the provisions relating to dislocated
worker employment and training activities set
forth in chapter 5 of subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C.
2861 et seq.).
‘‘(b) WAGE INSURANCE PROGRAM.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Secretary
shall establish a Wage Insurance Program under
which a State shall use the funds provided to the
State for trade adjustment allowances to pay to an
adversely affected worker certified under section 231
a wage subsidy of up to 50 percent of the difference
between the wages received by the adversely affected
worker from reemployment and the wages received
by the adversely affected worker at the time of sepa-
ration for a period not to exceed 2 years.
‘‘(2) AMOUNT OF PAYMENT.—
‘‘(A) WAGES UNDER $40,000.—If the wages
the worker receives from reemployment are less
than $40,000 a year, the wage subsidy shall be
50 percent of the difference between the
amount of the wages received by the worker
from reemployment and the amount of the
wages received by the worker at the time of
separation.
‘‘(B) 
WAGES
BETWEEN
$40,000
AND
$50,000.—If the wages received by the worker
from reemployment are greater than $40,000 a
year but less than $50,000 a year, the wage
subsidy shall be 25 percent of the difference be-
tween the amount of the wages received by the
worker from reemployment and the amount of
the wages received by the worker at the time of
separation.
‘‘(3) ELIGIBILITY.—An adversely affected work-
er may be eligible to receive a wage subsidy under
this subsection if the worker—
‘‘(A) enrolls in the Wage Insurance Pro-
gram;
‘‘(B) obtains reemployment not more than
26 weeks after the date of separation from the
adversely affected employment;
‘‘(C) is at least 50 years of age;
‘‘(D) earns not more than $50,000 a year
in wages from reemployment;
‘‘(E) is employed at least 30 hours a week
in the reemployment; and
‘‘(F) does not return to the employment
from which the worker was separated.
‘‘(4) AMOUNT OF PAYMENTS.—The payments
made under paragraph (1) to an adversely affected
worker may not exceed $10,000 over the 2-year pe-
riod.
‘‘(5) LIMITATION
ON
OTHER
BENEFITS.—At
the time a worker begins to receive a wage subsidy
under this subsection the worker shall not be eligible
to receive any benefits under this Act other than the
wage subsidy unless the Secretary determines, pur-
suant to standards established by the Secretary, that
the worker has shown circumstances that warrant
eligibility for training benefits under section 240.
‘‘(c) STUDIES OF ASSISTANCE AVAILABLE TO ECO-
NOMICALLY DISTRESSED WORKERS.—
‘‘(1) STUDY BY THE GENERAL ACCOUNTING OF-
FICE.—
‘‘(A) IN GENERAL.—The Comptroller Gen-
eral of the United States shall conduct a study
of all assistance provided by the Federal Gov-
ernment for workers facing job loss and eco-
nomic distress.
‘‘(B) REPORT.—Not later than 1 year
after the date of enactment of this Act, the
Comptroller General shall submit to the Com-
mittee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of
Representatives a report on the study con-
ducted under subparagraph (A). The report
shall include a description of—
‘‘(i) all Federal programs designed to
assist workers facing job loss and economic
distress, including all benefits and services;
‘‘(ii) eligibility requirements for each
of the programs; and
‘‘(iii) procedures for applying for and
receiving benefits and services under each
of the programs.
‘‘(C) DISTRIBUTION
OF
GAO
REPORT.—
The report described in subparagraph (B) shall
be distributed to all one-stop partners author-
ized under the Workforce Investment Act of
1998.
‘‘(2) STUDIES BY THE STATES.—
‘‘(A) IN GENERAL.—Each State may con-
duct a study of its assistance programs for
workers facing job loss and economic distress.
‘‘(B) GRANTS.—The Secretary may award
to each State a grant, not to exceed $100,000,
to enable the State to conduct the study de-
scribed in subparagraph (A). Each study shall
be undertaken in consultation with affected par-
ties.
‘‘(C) REPORT.—Not later than 1 year
after the date of enactment of this Act, each
State that receives a grant under subparagraph
(B) shall submit to the Committee on Finance
of the Senate and the Committee on Ways and
Means of the House of Representatives the re-
port described in subparagraph (A).
‘‘(D) 
DISTRIBUTION
OF
STATE
RE-
PORTS.—A report prepared by a State under
this paragraph shall be distributed to the one-
stop partners in the State.
‘‘Subchapter D—Payment and Enforcement
Provisions
‘‘SEC. 244. PAYMENTS TO STATES.
‘‘(a) IN GENERAL.—The Secretary, from time to
time, shall certify to the Secretary of the Treasury for pay-
ment to each cooperating State, the sums necessary to en-
able that State as agent of the United States to make pay-
ments provided for by this chapter.
‘‘(b) LIMITATION ON USE OF FUNDS.—
‘‘(1) IN GENERAL.—All money paid to a cooper-
ating State under this section shall be used solely
for the purposes for which it is paid.
‘‘(2) RETURN
OF
FUNDS
NOT
SO
USED.—
Money paid that is not used for the purpose under
subsection (a) shall be returned, at the time speci-
fied in the agreement entered into under section
222, to the Secretary of the Treasury.
‘‘(c) SURETY BOND.—Any agreement under section
222 may require any officer or employee of the cooper-
ating State certifying payments or disbursing funds under
the agreement or otherwise participating in the perform-
ance of the agreement, to give a surety bond to the United
States in an amount the Secretary deems necessary, and
may provide for the payment of the cost of that bond from
funds for carrying out the purposes of this chapter.
‘‘SEC. 245. LIABILITIES OF CERTIFYING AND DISBURSING
OFFICERS.
‘‘(a) LIABILITY
OF CERTIFYING OFFICIALS.—No
person designated by the Secretary, or designated pursu-
ant to an agreement entered into under section 222, as
a certifying officer, in the absence of gross negligence or
intent to defraud the United States, shall be liable with
respect to any payment certified by that person under this
chapter.
‘‘(b) LIABILITY OF DISBURSING OFFICERS.—No dis-
bursing officer, in the absence of gross negligence or intent
to defraud the United States, shall be liable with respect
to any payment by that officer under this chapter if the
payment was based on a voucher signed by a certifying
officer designated according to subsection (a).
‘‘SEC. 246. FRAUD AND RECOVERY OF OVERPAYMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) OVERPAYMENT.—If a cooperating State,
the Secretary, or a court of competent jurisdiction
determines that any person has received any pay-
ment under this chapter to which the person was not
entitled, including a payment referred to in sub-
section (b), that person shall be liable to repay that
amount to the cooperating State or the Secretary, as
the case may be.
‘‘(2) EXCEPTION.—The cooperating State or
the Secretary may waive repayment if the cooper-
ating State or the Secretary determines, in accord-
ance with guidelines prescribed by the Secretary,
that all of the following apply:
‘‘(A) NO FAULT.—The payment was made
without fault on the part of the person.
‘‘(B) REPAYMENT
CONTRARY
TO
EQ-
UITY.—Requiring repayment would be contrary
to equity and good conscience.
‘‘(3) PROCEDURE FOR RECOVERY.—
‘‘(A) RECOVERY
FROM
OTHER
ALLOW-
ANCES AUTHORIZED.—Unless an overpayment
is otherwise recovered or waived under para-
graph (2), the cooperating State or the Sec-
retary shall recover the overpayment by deduc-
tions from any sums payable to that person
under this chapter, under any Federal unem-
ployment compensation law administered by the
cooperating State or the Secretary, or under
any other Federal law administered by the co-
operating State or the Secretary that provides
for the payment of assistance or an allowance
with respect to unemployment.
‘‘(B) RECOVERY
FROM
STATE
ALLOW-
ANCES
AUTHORIZED.—Notwithstanding 
any
other provision of Federal or State law, the
Secretary may require a cooperating State to
recover any overpayment under this chapter by
deduction from any unemployment insurance
payable to that person under State law, except
that no single deduction under this paragraph
shall exceed 50 percent of the amount otherwise
payable.
‘‘(b) INELIGIBILITY FOR FURTHER PAYMENTS.—Any
person, in addition to any other penalty provided by law,
shall be ineligible for any further payments under this
chapter if a cooperating State, the Secretary, or a court
of competent jurisdiction determines that one of the fol-
lowing applies:
‘‘(1) FALSE
STATEMENT.—The person know-
ingly made, or caused another to make, a false state-
ment or representation of a material fact, and as a
result of the false statement or representation, the
person received any payment under this chapter to
which the person was not entitled.
‘‘(2) FAILURE
TO
DISCLOSE.—The person
knowingly failed, or caused another to fail, to dis-
close a material fact, and as a result of the non-
disclosure, the person received any payment under
this chapter to which the person was not entitled.
‘‘(c) HEARING.—Except for overpayments deter-
mined by a court of competent jurisdiction, no repayment
may be required, and no deduction may be made, under
this section until a determination under subsection (a) by
the cooperating State or the Secretary, as the case may
be, has been made, notice of the determination and an
opportunity for a fair hearing has been given to the person
concerned, and the determination has become final.
‘‘(d) RECOVERED FUNDS.—Any amount recovered
under this section shall be returned to the Treasury of
the United States.
‘‘SEC. 247. CRIMINAL PENALTIES.
‘‘Whoever makes a false statement of a material fact
knowing it to be false, or knowingly fails to disclose a ma-
terial fact, for the purpose of obtaining or increasing for
that person or for any other person any payment author-
ized to be furnished under this chapter or pursuant to an
agreement under section 222 shall be fined not more than
$1,000, imprisoned for not more than 1 year, or both.
‘‘SEC. 248. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the De-
partment of Labor, for the period beginning October 1,
2001, and ending September 30, 2006, such sums as may
be necessary to carry out the purposes of this chapter.
Amounts appropriated under this section shall remain
available until expended.
‘‘SEC. 249. REGULATIONS.
‘‘The Secretary shall prescribe such regulations as
may be necessary to carry out the provisions of this chap-
ter.
‘‘SEC. 250. SUBPOENA POWER.
‘‘(a) IN GENERAL.—The Secretary may require by
subpoena the attendance of witnesses and the production
of evidence necessary to make a determination under the
provisions of this chapter.
‘‘(b) COURT ORDER.—If a person refuses to obey a
subpoena issued under subsection (a), a competent United
States district court, upon petition by the Secretary, may
issue an order requiring compliance with such subpoena.’’.
SEC. 102. 50 PERCENT REFUNDABLE TAX CREDIT TOWARD
PREMIUMS FOR COBRA CONTINUATION COV-
ERAGE.
(a) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to refundable credits) is amended by redes-
ignating section 35 as section 36 and by inserting after
section 34 the following new section:
‘‘SEC. 35. COBRA CONTINUATION COVERAGE PREMIUMS.
‘‘(a) IN GENERAL.—In the case of an eligible indi-
vidual, there shall be allowed as a refundable credit
against the tax imposed by this subtitle for the taxable
year an amount equal to 50 percent of the amount paid
by the taxpayer during such year as continuation health
coverage premiums.
‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this
section, the term ‘eligible individual’ means any individual
who is a member of a group of workers certified as eligible
to apply for adjustment assistance under chapter 2 of title
II of the Trade Act of 1974 (19 U.S.C. 221, et seq.).
‘‘(c) CONTINUATION HEALTH COVERAGE PREMIUMS
DEFINED.—For purposes of this section, the term ‘con-
tinuation health coverage premiums’ means, for any period
during which a taxpayer is an eligible individual, pre-
miums paid for continuation coverage (as defined in sec-
tion 4980B(f)) under a group health plan for such period
but only if failure to offer such coverage to the taxpayer
for such period would constitute a failure by such health
plan to meet the requirements of section 4980B(f).
‘‘(d) COORDINATION WITH MEDICAL EXPENSE DE-
DUCTION.—The amount which would (but for this sub-
section) be taken into account by the taxpayer under sec-
tion 213 for the taxable year shall be reduced by the credit
(if any) allowed by this section to the taxpayer for such
year.’’.
(b) CONFORMING AMENDMENTS.—
(1) Paragraph (2) of section 1324(b) of title
31, United States Code, is amended by inserting be-
fore the period ‘‘, or from section 35 of such Code’’.
(2) The table of sections for subpart C of part
IV of subchapter A of chapter 1 of the Internal Rev-
enue Code of 1986 is amended by striking the last
item and inserting the following new items:
‘‘Sec. 35. COBRA continuation coverage premiums.
‘‘Sec. 36. Overpayments of tax.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2001, for premiums for months beginning
with January 2002.
TITLE II—TRADE ADJUSTMENT
ASSISTANCE FOR FIRMS
SEC. 201. REAUTHORIZATION OF PROGRAM.
(a) IN GENERAL.—Section 256(b) of chapter 3 of
title II of the Trade Act of 1974 (19 U.S.C. 2346(b)) is
amended to read as follows:
‘‘(b) There are authorized to be appropriated to the
Secretary $16,000,000 for each of fiscal years 2002
through 2006, to carry out the Secretary’s functions under
this chapter in connection with furnishing adjustment as-
sistance to firms. Amounts appropriated under this sub-
section shall remain available until expended.’’.
(b) ELIGIBILITY CRITERIA.—Section 251(c) of Chap-
ter 3 of title II of the Trade Act of 1974 (19 U.S.C.
2341(c)(1)) is amended—
(1) in paragraph (1), by striking subparagraphs
(B) and (C) and inserting the following:
‘‘(B) increases in value or volume of imports of
articles like or directly competitive with articles
which are produced by such firm contributed impor-
tantly to such total or partial separation, or threat
thereof, or
‘‘(C) a shift in production by the workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced
by that firm or subdivision contributed importantly
to the workers’ separation or threat of separation.’’;
and
(2) in paragraph (2), by striking ‘‘paragraph
(1)(C)’’ and inserting ‘‘subparagraphs (B) and (C)
of paragraph (1)’’.
TITLE III—TRADE ADJUSTMENT
ASSISTANCE FOR COMMUNITIES
SEC. 301. PURPOSE.
The purpose of this title is to assist communities with
economic adjustment through the integration of political
and economic organizations, the coordination of Federal,
State, and local resources, the creation of community-
based development strategies, and the provision of eco-
nomic transition assistance.
SEC. 302. TRADE ADJUSTMENT ASSISTANCE FOR COMMU-
NITIES.
Chapter 4 of title II of the Trade Act of 1974 (19
U.S.C. 2371 et seq.) is amended to read as follows:
‘‘CHAPTER 4—COMMUNITY ECONOMIC
ADJUSTMENT
‘‘SEC. 271. DEFINITIONS.
‘‘In this chapter:
‘‘(1) CIVILIAN LABOR FORCE.—The term ‘civil-
ian labor force’ has the meaning given that term in
regulations prescribed by the Secretary of Labor.
‘‘(2) 
COMMUNITY.—The 
term 
‘community’
means a county or equivalent political subdivision of
a State.
‘‘(A) 
RURAL
COMMUNITY.—The 
term
‘rural community’ means a community that has
a rural-urban continuum code of 4 through 9.
‘‘(B) 
URBAN
COMMUNITY.—The 
term
‘urban community’ means a community that
has a rural-urban continuum code of 0 through
3.
‘‘(3) COMMUNITY ECONOMIC DEVELOPMENT CO-
ORDINATING
COMMITTEE.—The term ‘Community
Economic Development Coordinating Committee’ or
‘Committee’ means a community group established
under section 274 that consists of major groups sig-
nificantly affected by an increase in imports or a
shift in production, including local, regional, tribal,
and State governments, regional councils of govern-
ments and economic development, and business,
labor, education, health, religious, and other commu-
nity-based organizations.
‘‘(4) DIRECTOR.—The term ‘Director’ means
the Director of the Office of Community Economic
Adjustment.
‘‘(5) ELIGIBLE COMMUNITY.—The term ‘eligible
community’ means a community certified under sec-
tion 273 as eligible for assistance under this chap-
ter.
‘‘(6) JOB LOSS.—The term ‘job loss’ means the
total or partial separation of an individual, as those
terms are defined in section 221.
‘‘(7) OFFICE.—The term ‘Office’ means the Of-
fice of Community Economic Adjustment established
under section 272.
‘‘(8) RURAL-URBAN
CONTINUUM
CODE.—The
term ‘rural-urban continuum code’ means a code as-
signed to a community according to the rural-urban
continuum code system, as defined by the Economic
Research Service of the Department of Agriculture.
‘‘(9) SECRETARY.—The term ‘Secretary’ means
the Secretary of Commerce.
‘‘SEC. 272. OFFICE OF COMMUNITY ECONOMIC ADJUST-
MENT.
‘‘(a) ESTABLISHMENT.—Within 6 months of the date
of enactment of the Trade Adjustment Assistance for
Workers, Farmers, Communities, and Firms Act of 2001,
there shall be established an Office of Community Eco-
nomic Adjustment in the Office of the Secretary of Com-
merce.
‘‘(b) PERSONNEL.—The Office shall be headed by a
Director, and such staff as may be necessary to carry out
the responsibilities described in this chapter.
‘‘(c) COORDINATION OF FEDERAL RESPONSE.—The
Office shall—
‘‘(1) provide leadership, support, and coordina-
tion for a comprehensive management program to
address economic dislocation in eligible communities;
‘‘(2) establish an easily accessible, one-stop
clearinghouse for States and eligible communities to
obtain information regarding economic development
assistance available under Federal law;
‘‘(3) coordinate the Federal response to an eli-
gible community—
‘‘(A) by identifying all Federal, State, and
local resources that are available to assist the
eligible community in recovering from economic
distress;
‘‘(B) by ensuring that all Federal agencies
offering assistance to an eligible community do
so in a targeted, integrated manner that en-
sures that an eligible community has access to
all available Federal assistance;
‘‘(C) by assuring timely consultation and
cooperation between Federal, State, and re-
gional officials concerning community economic
adjustment;
‘‘(D) by identifying and strengthening ex-
isting agency mechanisms designed to assist
communities in economic adjustment and work-
force reemployment;
‘‘(E) by applying consistent policies, prac-
tices, and procedures in the administration of
Federal programs that are used to assist com-
munities adversely impacted by an increase in
imports or a shift in production;
‘‘(F) by creating, maintaining, and using a
uniform economic database to analyze commu-
nity adjustment activities; and
‘‘(G) by assigning a community economic
adjustment advisor to work with each eligible
community;
‘‘(4) provide comprehensive technical assistance
to any eligible community in the efforts of that com-
munity to—
‘‘(A) identify serious economic problems in
the community that result from an increase in
imports or shift in production;
‘‘(B) integrate the major groups and orga-
nizations significantly affected by the economic
adjustment;
‘‘(C) organize a Community Economic De-
velopment Coordinating Committee;
‘‘(D) access Federal, State, and local re-
sources designed to assist in economic develop-
ment and trade adjustment assistance;
‘‘(E) diversify and strengthen the commu-
nity economy; and
‘‘(F) develop a community-based strategic
plan to address workforce dislocation and eco-
nomic development;
‘‘(5) establish specific criteria for submission
and evaluation of a strategic plan submitted under
section 276(d);
‘‘(6) administer the grant programs established
under sections 276 and 277; and
‘‘(7) establish an interagency Trade Adjustment
Assistance Working Group, consisting of the rep-
resentatives of any Federal department or agency
with responsibility for economic adjustment assist-
ance, including the Department of Agriculture, the
Department of Defense, the Department of Edu-
cation, the Department of Labor, the Department of
Housing and Urban Development, the Department
of Health and Human Services, the Small Business
Administration, the Department of the Treasury, the
Department of Commerce, the Office of the United
States Trade Representative, and the National Eco-
nomic Council.
‘‘SEC. 273. NOTIFICATION AND CERTIFICATION AS AN ELI-
GIBLE COMMUNITY.
‘‘(a) NOTIFICATION.—The Secretary of Labor, not
later than 15 days after making a determination that a
group of workers is eligible for trade adjustment assist-
ance under section 231, shall notify the Governor of the
State in which the community in which the worker’s firm
is located and the Director, of the Secretary’s determina-
tion.
‘‘(b) CERTIFICATION.—Not later than 30 days after
notification by the Secretary of Labor described in sub-
section (a), the Director shall certify as eligible for assist-
ance under this chapter a community in which 1 of the
following conditions apply:
‘‘(1) NUMBER OF JOB LOSSES.—The Director
shall certify that a community is eligible for assist-
ance under this chapter if—
‘‘(A) in an urban community, at least 500
workers have been certified for assistance under
section 231 in the most recent 36-month period
preceding the date of certification under this
section for which data are available; or
‘‘(B) in a rural community, at least 300
workers have been certified for assistance under
section 231 in the most recent 36-month period
preceding the date of certification under this
section for which data are available.
‘‘(2) 
PERCENT
OF
WORKFORCE
UNEM-
PLOYED.—The Director shall certify that a commu-
nity is eligible for assistance under this chapter if
the unemployment rate for the community is at least
1 percent greater than the national unemployment
rate for the most recent 12-month period for which
data are available.
‘‘(c) NOTIFICATION TO ELIGIBLE COMMUNITIES.—
Not later than 15 days after the Director certifies a com-
munity as eligible under subsection (b), the Director shall
notify the community—
‘‘(1) of its determination under subsection (b);
‘‘(2) of the provisions of this chapter;
‘‘(3) how to access the clearinghouse established
under section 272(c)(2); and
‘‘(4) how to obtain technical assistance provided
under section 272(c)(4).
‘‘SEC. 274. COMMUNITY ECONOMIC DEVELOPMENT COORDI-
NATING COMMITTEE.
‘‘(a) ESTABLISHMENT.—In order to receive benefits
under this chapter, an eligible community shall establish
a Community Economic Development Coordinating Com-
mittee.
‘‘(b) COMPOSITION OF THE COMMITTEE.—
‘‘(1) LOCAL PARTICIPATION.—The Community
Economic Development Coordinating Committee es-
tablished by an eligible community under subsection
(a) shall include representatives of those groups sig-
nificantly affected by economic dislocation, such as
local, regional, tribal, and State governments, re-
gional councils of governments and economic devel-
opment, business, labor, education, health organiza-
tions, religious, and other community-based groups
providing assistance to workers, their families, and
communities.
‘‘(2) FEDERAL
PARTICIPATION.—Pursuant to
section 275(b)(3), the community economic adjust-
ment advisor, assigned by the Director to assist an
eligible community, shall serve as an ex officio mem-
ber of the Community Economic Development Co-
ordinating Committee, and shall arrange for partici-
pation by representatives of other Federal agencies
on that Committee as necessary.
‘‘(3) EXISTING
ORGANIZATION.—An eligible
community may designate an existing organization
in that community as the Community Economic De-
velopment Coordinating Committee if that organiza-
tion meets the requirements of paragraph (1) for the
purposes of this chapter.
‘‘(c) DUTIES.—The Community Economic Develop-
ment Coordinating Committee shall—
‘‘(1) ascertain the severity of the community
economic adjustment required as a result of the in-
crease in imports or shift in production;
‘‘(2) assess the capacity of the community to
respond to the required economic adjustment and
the needs of the community as it undertakes eco-
nomic adjustment, taking into consideration such
factors as the number of jobs lost, the size of the
community, the diversity of industries, the skills of
the labor force, the condition of the current labor
market, the availability of financial resources, the
quality and availability of educational facilities, the
adequacy and availability of public services, and the
existence of a basic and advanced infrastructure in
the community;
‘‘(3) facilitate a dialogue between concerned in-
terests in the community, represent the impacted
community, and ensure all interests in the commu-
nity work collaboratively toward collective goals
without duplication of effort or resources;
‘‘(4) oversee the development of a strategic plan
for community economic development, taking into
consideration the factors mentioned under para-
graph (2), and consistent with the criteria estab-
lished by the Secretary for the strategic plan devel-
oped under section 276;
‘‘(5) create an executive council of members of
the Community Economic Development Coordinating
Committee to promote the strategic plan within the
community and ensure coordination and cooperation
among all stakeholders; and
‘‘(6) apply for any grant, loan, or loan guar-
antee available under Federal law to develop or im-
plement the strategic plan, and be an eligible recipi-
ent for funding for economic adjustment for that
community.
‘‘SEC. 275. COMMUNITY ECONOMIC ADJUSTMENT ADVI-
SORS.
‘‘(a) 
IN
GENERAL.—Pursuant 
to 
section
272(c)(3)(G), the Director shall assign a community eco-
nomic adjustment advisor to each eligible community.
‘‘(b) DUTIES.—The community economic adjustment
advisor shall—
‘‘(1) provide technical assistance to the eligible
community, assist in the development and implemen-
tation of a strategic plan, including applying for any
grant available under this or any other Federal law
to develop or implement that plan;
‘‘(2) at the local and regional level, coordinate
the response of all Federal agencies offering assist-
ance to the eligible community;
‘‘(3) serve as an ex officio member of the Com-
munity Economic Development Coordinating Com-
mittee established by an eligible community under
section 274;
‘‘(4) act as liaison between the Community Eco-
nomic Development Coordinating Committee estab-
lished by the eligible community and all other Fed-
eral agencies that offer assistance to eligible commu-
nities, including the Department of Agriculture, the
Department of Defense, the Department of Edu-
cation, the Department of Labor, the Department of
Housing and Urban Development, the Department
of Health and Human Services, the Small Business
Administration, the Department of the Treasury, the
National Economic Council, and other offices or
agencies of the Department of Commerce;
‘‘(5) report regularly to the Director regarding
the progress of development activities in the commu-
nity to which the community economic adjustment
advisor is assigned; and
‘‘(6) perform other duties as directed by the
Secretary or the Director.
‘‘SEC. 276. STRATEGIC PLANS.
‘‘(a) IN GENERAL.—With the assistance of the com-
munity economic adjustment advisor, an eligible commu-
nity may develop a strategic plan for community economic
adjustment and diversification.
‘‘(b) REQUIREMENTS
FOR STRATEGIC PLAN.—A
strategic plan shall contain, at a minimum, the following:
‘‘(1) A description and justification of the ca-
pacity for economic adjustment, including the meth-
od of financing to be used, the anticipated manage-
ment structure of the Community Economic Devel-
opment Coordinating Committee, and the commit-
ment of the community to the strategic plan over the
long term.
‘‘(2) A description of, and a plan to accomplish,
the projects to be undertaken by the eligible commu-
nity.
‘‘(3) A description of how the plan and the
projects to be undertaken by the eligible community
will lead to job creation and job retention in the
community.
‘‘(4) A description of any alternative develop-
ment plans that were considered, particularly less
costly alternatives, and why those plans were re-
jected in favor of the proposed plan.
‘‘(5) A description of any additional steps the
eligible community will take to achieve economic ad-
justment and diversification, including how the plan
and the projects will contribute to establishing or
maintaining a level of public services necessary to
attract and retain economic investment.
‘‘(6) A description and justification for the cost
and timing of proposed basic and advanced infra-
structure improvements in the eligible community.
‘‘(7) A description of the occupational and
workforce conditions in the eligible community, in-
cluding but not limited to existing levels of work-
force skills and competencies, and educational pro-
grams available for workforce training and future
employment needs.
‘‘(8) A description of how the plan will adapt to
changing markets, business cycles, and other vari-
ables.
‘‘(9) A graduation strategy through which the
eligible community demonstrates that the community
will terminate the need for Federal assistance.
‘‘(c) GRANTS TO DEVELOP STRATEGIC PLANS.—
‘‘(1) IN GENERAL.—The Director, upon receipt
of an application from a Community Economic De-
velopment Coordinating Committee on behalf of an
eligible community, shall award a grant to that com-
munity to be used to develop the strategic plan.
‘‘(2) AMOUNT.—The amount of a grant made
under paragraph (1) shall be determined by the Sec-
retary, but may not exceed $50,000.
‘‘(3) LIMIT.—Each community can only receive
1 grant for the purpose of developing a strategic
plan in any 5-year period.
‘‘(d) SUBMISSION OF PLAN.—The strategic plan cre-
ated under subsection (a) shall be submitted to the Direc-
tor for evaluation and approval.
‘‘SEC. 277. GRANTS FOR ECONOMIC DEVELOPMENT.
‘‘The Director, upon receipt of an application from
the Community Economic Development Coordinating
Committee on behalf of an eligible community, may award
a grant to that community to carry out any project or
program included in the strategic plan approved under
section 276(d) that—
‘‘(1) will be located in, or will create or preserve
high-wage jobs, in that eligible community; and
‘‘(2) implements the strategy of that eligible
community to create high-wage jobs in sectors that
are expected to expand, including projects that—
‘‘(A) encourage industries to locate in that
eligible community, if such funds are not used
to encourage the relocation of any employer in
a manner that causes the dislocation of employ-
ees of that employer at another facility in the
United States;
‘‘(B) leverage resources to create or im-
prove Internet or telecommunications capabili-
ties to make the community more attractive for
business;
‘‘(C) establish a funding pool for job cre-
ation through entrepreneurial activities;
‘‘(D) assist existing firms in that commu-
nity to restructure or retool to become more
competitive in world markets and prevent job
loss; or
‘‘(E) assist the community in acquiring the
resources and providing the level of public serv-
ices necessary to meet the objectives set out in
the strategic plan.
‘‘SEC. 278. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the De-
partment of Commerce, for the period beginning October
1, 2001, and ending September 30, 2006, such sums as
may be necessary to carry out the purposes of this chap-
ter.
‘‘SEC. 279. GENERAL PROVISIONS.
‘‘(a) REPORT BY THE DIRECTOR.—Not later than 6
months after the date of enactment of this Act and annu-
ally thereafter, the Director shall submit to the Committee
on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report regarding
the programs established under this title.
‘‘(b) REGULATIONS.—The Secretary shall prescribe
such regulations as are necessary to carry out the provi-
sions of this chapter.
‘‘(c) SUPPLEMENT NOT SUPPLANT.—Funds appro-
priated under this chapter shall be used to supplement and
not supplant other Federal, State, and local public funds
expended to provide economic development assistance for
communities.’’.
TITLE IV—TRADE ADJUSTMENT
ASSISTANCE FOR FARMERS
SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.
Title II of the Trade Act of 1974 (19 U.S.C. 2251
et seq.) is amended by adding at the end the following
new chapter:
‘‘CHAPTER 6—ADJUSTMENT ASSISTANCE
FOR FARMERS
‘‘SEC. 291. DEFINITIONS.
‘‘In this chapter:
‘‘(1) AGRICULTURAL
COMMODITY.—The term
‘agricultural commodity’ means any agricultural
commodity (including livestock, fish, or harvested
seafood) in its raw or natural state.
‘‘(2) AGRICULTURAL COMMODITY PRODUCER.—
The term ‘agricultural commodity producer’ means
any person who is engaged in the production and
sale of an agricultural commodity in the United
States and who owns or shares the ownership and
risk of loss of the agricultural commodity.
‘‘(3) CONTRIBUTED IMPORTANTLY.—
‘‘(A) IN GENERAL.—The term ‘contributed
importantly’ means a cause which is important
but not necessarily more important than any
other cause.
‘‘(B) DETERMINATION
OF
CONTRIBUTED
IMPORTANTLY.—The determination of whether
imports of articles like or directly competitive
with an agricultural commodity with respect to
which the petition under this chapter was filed
contributed importantly to a decline in the price
of the agricultural commodity shall be made by
the Secretary of Agriculture.
‘‘(4) DULY
AUTHORIZED
REPRESENTATIVE.—
The term ‘duly authorized representative’ means an
association of agricultural commodity producers.
‘‘(5) NATIONAL
AVERAGE
PRICE.—The term
‘national average price’ means the national average
price paid to an agricultural commodity producer for
an agricultural commodity in a marketing year as
determined by the Secretary of Agriculture.
‘‘(6) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘SEC. 292. PETITIONS; GROUP ELIGIBILITY.
‘‘(a) IN GENERAL.—A petition for a certification of
eligibility to apply for adjustment assistance under this
chapter may be filed with the Secretary by a group of agri-
cultural commodity producers or by their duly authorized
representative. Upon receipt of the petition, the Secretary
shall promptly publish notice in the Federal Register that
the Secretary has received the petition and initiated an
investigation.
‘‘(b) HEARINGS.—If the petitioner, or any other per-
son found by the Secretary to have a substantial interest
in the proceedings, submits not later than 10 days after
the date of the Secretary’s publication under subsection
(a) a request for a hearing, the Secretary shall provide
for a public hearing and afford such interested persons
an opportunity to be present, to produce evidence, and to
be heard.
‘‘(c) GROUP
ELIGIBILITY
REQUIREMENTS.—The
Secretary shall certify a group of agricultural commodity
producers as eligible to apply for adjustment assistance
under this chapter if the Secretary determines—
‘‘(1) that the national average price for the ag-
ricultural commodity, or a class of goods within the
agricultural commodity, produced by the group for
the most recent marketing year for which the na-
tional average price is available is less than 80 per-
cent of the average of the national average price for
such agricultural commodity, or such class of goods,
for the 5 marketing years preceding the most recent
marketing year; and
100
‘‘(2) that increases in imports of articles like or
directly competitive with the agricultural commodity,
or class of goods within the agricultural commodity,
produced by the group contributed importantly to
the decline in price described in paragraph (1).
‘‘(d) SPECIAL RULE FOR QUALIFIED SUBSEQUENT
YEARS.—A group of agricultural commodity producers
certified as eligible under section 293 shall be eligible to
apply for assistance under this chapter in any qualified
year after the year the group is first certified, if the Sec-
retary determines that—
‘‘(1) the national average price for the agricul-
tural commodity, or class of goods within the agri-
cultural commodity, produced by the group for the
most recent marketing year for which the national
average price is available is equal to or less than the
price determined under subsection (c)(1); and
‘‘(2) the requirements of subsection (c)(2) are
met.
‘‘(e) DETERMINATION
OF QUALIFIED YEAR
AND
COMMODITY.—In this chapter:
‘‘(1) QUALIFIED
YEAR.—The term ‘qualified
year’, with respect to a group of agricultural com-
modity producers certified as eligible under section
293, means each consecutive year after the year in
101
which the group is certified that the Secretary
makes the determination under subsection (c) or (d),
as the case may be.
‘‘(2) CLASSES
OF
GOODS
WITHIN
A
COM-
MODITY.—In any case in which there are separate
classes of goods within an agricultural commodity,
the Secretary shall treat each class as a separate
commodity in determining group eligibility, the na-
tional average price, and level of imports under this
section and section 296.
‘‘SEC. 293. DETERMINATIONS BY SECRETARY OF AGRI-
CULTURE.
‘‘(a) IN GENERAL.—As soon as practicable after the
date on which a petition is filed under section 292, but
in any event not later than 60 days after that date, the
Secretary shall determine whether the petitioning group
meets the requirements of section 292 (c) or (d), as the
case may be and shall, if the group meets the require-
ments, issue a certification of eligibility to apply for assist-
ance under this chapter covering agricultural commodity
producers in any group that meet the requirements. Each
certification shall specify the date on which eligibility
under this chapter begins.
‘‘(b) NOTICE.—Upon making a determination on a
petition, the Secretary shall promptly publish a summary
102
of the determination in the Federal Register, together with
the Secretary’s reasons for making the determination.
‘‘(c) TERMINATION OF CERTIFICATION.—Whenever
the Secretary determines, with respect to any certification
of eligibility under this chapter, that the decline in price
for the agricultural commodity covered by the certification
is no longer attributable to the conditions described in sec-
tion 292, the Secretary shall terminate such certification
and promptly cause notice of such termination to be pub-
lished in the Federal Register, together with the Sec-
retary’s reasons for making such determination.
‘‘SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN
INTERNATIONAL 
TRADE 
COMMISSION 
BE-
GINS INVESTIGATION.
‘‘(a) IN
GENERAL.—Whenever the International
Trade Commission (in this chapter referred to as the
‘Commission’) begins an investigation under section 202
with respect to an agricultural commodity, the Commis-
sion shall immediately notify the Secretary of the inves-
tigation. Upon receipt of the notification, the Secretary
shall immediately conduct a study of—
‘‘(1) the number of agricultural commodity pro-
ducers producing a like or directly competitive agri-
cultural commodity who have been or are likely to be
103
certified as eligible for adjustment assistance under
this chapter, and
‘‘(2) the extent to which the adjustment of such
producers to the import competition may be facili-
tated through the use of existing programs.
‘‘(b) REPORT.—Not later than 15 days after the day
on which the Commission makes its report under section
202(f), the Secretary shall submit a report to the Presi-
dent setting forth the findings of the study under sub-
section (a). Upon making his report to the President, the
Secretary shall also promptly make it public (with the ex-
ception of information which the Secretary determines to
be confidential) and shall have a summary of it published
in the Federal Register.
‘‘SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL
COMMODITY PRODUCERS.
‘‘(a) IN GENERAL.—The Secretary shall provide full
information to producers about the benefit allowances,
training, and other employment services available under
this title and about the petition and application proce-
dures, and the appropriate filing dates, for such allow-
ances, training, and services. The Secretary shall provide
whatever assistance is necessary to enable groups to pre-
pare petitions or applications for program benefits under
this title.
104
‘‘(b) NOTICE OF BENEFITS.—
‘‘(1) IN GENERAL.—The Secretary shall mail
written notice of the benefits available under this
chapter to each agricultural commodity producer
that the Secretary has reason to believe is covered
by a certification made under this chapter.
‘‘(2) OTHER NOTICE.—The Secretary shall pub-
lish notice of the benefits available under this chap-
ter to agricultural commodity producers that are
covered by each certification made under this chap-
ter in newspapers of general circulation in the areas
in which such producers reside.
‘‘(3) OTHER FEDERAL ASSISTANCE.—The Sec-
retary shall also provide information concerning pro-
cedures for applying for and receiving all other Fed-
eral assistance and services available to workers fac-
ing economic distress.
‘‘SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICUL-
TURAL COMMODITY PRODUCERS.
‘‘(a) IN GENERAL.—Payment of a trade adjustment
allowance shall be made to an adversely affected agricul-
tural commodity producer covered by a certification under
this chapter who files an application for such allowance
within 90 days after the date on which the Secretary
makes a determination and issues a certification of eligi-
105
bility under section 293, if the following conditions are
met:
‘‘(1) The producer submits to the Secretary suf-
ficient information to establish the amount of agri-
cultural commodity covered by the application filed
under subsection (a) that was produced by the pro-
ducer in the most recent year.
‘‘(2) The producer certifies that the producer
has not received cash benefits under any provision of
this title other than this chapter.
‘‘(3) The producer’s net farm income (as deter-
mined by the Secretary) for the most recent year is
less than the producer’s net farm income for the lat-
est year in which no adjustment assistance was re-
ceived by the producer under this chapter.
‘‘(4) The producer certifies that the producer
has met with an Extension Service employee or
agent to obtain, at no cost to the producer, informa-
tion and technical assistance that will assist the pro-
ducer in adjusting to import competition with re-
spect to the adversely affected agricultural com-
modity, including—
‘‘(A) information regarding the feasibility
and desirability of substituting 1 or more alter-
106
native commodities for the adversely affected
agricultural commodity; and
‘‘(B) technical assistance that will improve
the competitiveness of the production and mar-
keting of the adversely affected agricultural
commodity by the producer, including yield and
marketing improvements.
‘‘(b) AMOUNT OF CASH BENEFITS.—
‘‘(1) IN GENERAL.—Subject to the provisions of
section 298, an adversely affected agricultural com-
modity producer described in subsection (a) shall be
entitled to adjustment assistance under this chapter
in an amount equal to the product of—
‘‘(A) one-half of the difference between—
‘‘(i) an amount equal to 80 percent of
the average of the national average price of
the agricultural commodity covered by the
application described in subsection (a) for
the 5 marketing years preceding the most
recent marketing year, and
‘‘(ii) the national average price of the
agricultural commodity for the most recent
marketing year, and
107
‘‘(B) the amount of the agricultural com-
modity produced by the agricultural commodity
producer in the most recent marketing year.
‘‘(2) SPECIAL RULE FOR SUBSEQUENT QUALI-
FIED YEARS.—The amount of cash benefits for a
qualified year shall be determined in the same man-
ner as cash benefits are determined under paragraph
(1) except that the average national price of the ag-
ricultural commodity shall be determined under
paragraph (1)(A)(i) by using the 5-marketing-year
period used to determine the amount of cash bene-
fits for the first certification.
‘‘(c) MAXIMUM AMOUNT OF CASH ASSISTANCE.—
The maximum amount of cash benefits an agricultural
commodity producer may receive in any 12-month period
shall not exceed $10,000.
‘‘(d) LIMITATIONS ON OTHER ASSISTANCE.—An ag-
ricultural commodity producer entitled to receive a cash
benefit under this chapter—
‘‘(1) shall not be eligible for any other cash
benefit under this title, and
‘‘(2) shall be entitled to employment services
and training benefits under part III of subchapter C
of chapter 2.
108
‘‘SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) REPAYMENT.—If the Secretary, or a court
of competent jurisdiction, determines that any per-
son has received any payment under this chapter to
which the person was not entitled, such person shall
be liable to repay such amount to the Secretary, ex-
cept that the Secretary may waive such repayment
if the Secretary determines, in accordance with
guidelines prescribed by the Secretary, that—
‘‘(A) the payment was made without fault
on the part of such person; and
‘‘(B) requiring such repayment would be
contrary to equity and good conscience.
‘‘(2) RECOVERY OF OVERPAYMENT.—Unless an
overpayment is otherwise recovered, or waived under
paragraph (1), the Secretary shall recover the over-
payment by deductions from any sums payable to
such person under this chapter.
‘‘(b) FALSE STATEMENTS.—If the Secretary, or a
court of competent jurisdiction, determines that a
person—
‘‘(1) knowingly has made, or caused another to
make, a false statement or representation of a mate-
rial fact, or
109
‘‘(2) knowingly has failed, or caused another to
fail, to disclose a material fact,
and, as a result of such false statement or representation,
or of such nondisclosure, such person has received any
payment under this chapter to which the person was not
entitled, such person shall, in addition to any other pen-
alty provided by law, be ineligible for any further pay-
ments under this chapter.
‘‘(c) NOTICE
AND DETERMINATION.—Except for
overpayments determined by a court of competent jurisdic-
tion, no repayment may be required, and no deduction
may be made, under this section until a determination
under subsection (a)(1) by the Secretary has been made,
notice of the determination and an opportunity for a fair
hearing thereon has been given to the person concerned,
and the determination has become final.
‘‘(d) PAYMENT TO TREASURY.—Any amount recov-
ered under this section shall be returned to the Treasury
of the United States.
‘‘(e) PENALTIES.—Whoever makes a false statement
of a material fact knowing it to be false, or knowingly fails
to disclose a material fact, for the purpose of obtaining
or increasing for himself or for any other person any pay-
ment authorized to be furnished under this chapter shall
110
be fined not more than $10,000 or imprisoned for not
more than 1 year, or both.
‘‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated and there are appropriated to the Department
of Agriculture not to exceed $100,000,000 for each of the
fiscal years 2002 through 2006 to carry out the purposes
of this chapter.
‘‘(b) PROPORTIONATE REDUCTION.—If in any year,
the amount appropriated under this chapter is insufficient
to meet the requirements for adjustment assistance pay-
able under this chapter, the amount of assistance payable
under this chapter shall be reduced proportionately.’’.
TITLE V—CONFORMING AMEND-
MENTS AND EFFECTIVE DATE
SEC. 501. CONFORMING AMENDMENTS.
(a) AMENDMENTS TO THE TRADE ACT OF 1974.—
(1) ASSISTANCE TO INDUSTRIES.—Section 265
of the Trade Act of 1974 (19 U.S.C. 2355) is
amended by striking ‘‘certified as eligible to apply
for adjustment assistance under sections 231 or
251’’, and inserting ‘‘certified as eligible for trade
adjustment assistance benefits under section 231, or
as eligible to apply for adjustment assistance under
section 251’’.
111
(2) GENERAL ACCOUNTING OFFICE REPORT.—
Section 280(a) of the Trade Act of 1974 is amended
by striking ‘‘January 31, 1980’’ and inserting ‘‘Jan-
uary 31, 2004’’.
(3) JUDICIAL REVIEW.—Section 284(a) of the
Trade Act of 1974 (19 U.S.C. 2395(a)) is amended
by striking ‘‘under section 223 or section 250(c)’’
and all that follows through ‘‘the Secretary of Com-
merce under section 271’’ and inserting ‘‘under sec-
tion 231, a firm or its representative, or any other
interested domestic party aggrieved by a final deter-
mination of the Secretary of Commerce under sec-
tion 251 or a farmer aggrieved by a determination
of the Secretary of Agriculture under section 292, or
a community or any other interested domestic party
aggrieved by a final determination of the Director of
the Office of Community Economic Adjustment
under section 273’’.
(4) TERMINATION.—Section 285 of the Trade
Act of 1974 is amended to read as follows:
‘‘SEC. 285. TERMINATION.
‘‘(a) ASSISTANCE FOR WORKERS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), trade adjustment assistance, vouchers, al-
112
lowances, and other payments or benefits may not be
provided under chapter 2 after September 30, 2006.
‘‘(2) EXCEPTION.—Notwithstanding subsection
(a)(1), a worker shall continue to receive trade ad-
justment assistance benefits and other benefits
under chapter 2 for any week for which the worker
meets the eligibility requirements of that chapter, if
on or before September 30, 2006, the worker is—
‘‘(A) certified as eligible for trade adjust-
ment assistance benefits under section 231; and
‘‘(B) is otherwise eligible to receive trade
adjustment assistance benefits under chapter 2.
‘‘(b) OTHER ASSISTANCE.—
‘‘(1) ASSISTANCE
FOR
FIRMS.—Technical as-
sistance may not be provided under chapter 3 after
September 30, 2006.
‘‘(2) ASSISTANCE
FOR
COMMUNITIES.—Tech-
nical assistance and other payments may not be pro-
vided under chapter 4 after September 30, 2006.’’.
(5) TABLE OF CONTENTS.—
(A) IN GENERAL.—The table of contents
for chapters 2, 3, and 4 of title II of the Trade
Act of 1974 is amended to read as follows:
‘‘CHAPTER 2—ADJUSTMENT ASSISTANCE FOR WORKERS
‘‘SUBCHAPTER A—GENERAL PROVISIONS
‘‘Sec. 221. Definitions.
‘‘Sec. 222. Agreements with States.
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‘‘Sec. 223. Administration absent State agreement.
‘‘Sec. 224. Data collection; evaluations; reports.
‘‘Sec. 225. Study by Secretary of Labor when International Trade Com-
mission 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.
‘‘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; au-
thorization 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 af-
firmative finding.
114
‘‘Sec. 265. Assistance to industries.
‘‘CHAPTER 4—COMMUNITY ECONOMIC ADJUSTMENT
‘‘Sec. 271. Definitions.
‘‘Sec. 272. Office of Community Economic Adjustment.
‘‘Sec. 273. Notification and certification as an eligible community.
‘‘Sec. 274. Community Economic Development Coordinating Committee.
‘‘Sec. 275. Community economic adjustment advisors.
‘‘Sec. 276. Strategic plans.
‘‘Sec. 277. Grants for economic development.
‘‘Sec. 278. Authorization of appropriations.
‘‘Sec. 279. General Provisions.’’.
(B) CHAPTER 6.—The table of contents for
title II of the Trade Act of 1974, as amended
by subparagraph (A), is amended by inserting
after the items relating to chapter 5 the fol-
lowing:
‘‘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 in-
vestigation.
‘‘Sec. 295. Benefit information to agricultural commodity producers.
‘‘Sec. 296. Qualifying requirements for agricultural commodity producers.
‘‘Sec. 297. Fraud and recovery of overpayments.
‘‘Sec. 298. Authorization of appropriations.’’.
(b) INTERNAL REVENUE CODE.—
(1) 
ADJUSTED
GROSS
INCOME.—Section
62(a)(12) of the Internal Revenue Code of 1986 (re-
lating to the definition of adjusted gross income) is
amended by striking ‘‘trade readjustment allowances
under section 231 or 232’’ and inserting ‘‘trade ad-
justment allowances under section 235 or 236’’.
(2) FEDERAL UNEMPLOYMENT.—
115
(A) IN GENERAL.—Section 3304(a)(8) of
the Internal Revenue Code of 1986 (relating to
the approval of State unemployment insurance
laws) is amended to read as follows:
‘‘(8) compensation shall not be denied to an in-
dividual for any week because the individual is in
training with the approval of the State agency, or in
training approved by the Secretary of Labor pursu-
ant to chapter 2 of title II of the Trade Act of 1974
(or because of the application, to any such week in
training, of State law provisions relating to avail-
ability for work, active search for work, or refusal to
accept work);’’.
(B) EFFECTIVE DATE.—
(i) IN GENERAL.—Except as provided
in clause (ii), the amendments made by
this paragraph shall apply in the case of
compensation paid for weeks beginning on
or after October 1, 2001.
(ii) MEETING
OF
STATE
LEGISLA-
TURE.—
(I) IN
GENERAL.—If the Sec-
retary of Labor identifies a State as
requiring a change to its statutes or
regulations in order to comply with
116
the amendments made by subpara-
graph (A), the amendments made by
subparagraph (A) shall apply in the
case of compensation paid for weeks
beginning after the earlier of—
(aa) the date the State
changes its statutes or regula-
tions in order to comply with the
amendments made by this sec-
tion; or
(bb) the end of the first ses-
sion of the State legislature
which begins after the date of en-
actment of this Act or which
began prior to such date and re-
mained in session for at least 25
calendar days after such date;
except that in no case shall the
amendments made by this Act apply
before October 1, 2001.
(II) SESSION DEFINED.—In this
clause, the term ‘‘session’’ means a
regular, special, budget, or other ses-
sion of a State legislature.
(c) AMENDMENTS TO TITLE 28.—
117
(1) CIVIL
ACTIONS
AGAINST
THE
UNITED
STATES.—Section 1581(d) of title 28, United States
Code, is amended—
(A) in paragraph (1), by striking ‘‘section
223’’ and inserting ‘‘section 231’’; and
(B) in paragraph (3), by striking ‘‘section
271’’ and inserting ‘‘section 273’’.
(2) PERSONS ENTITLED TO COMMENCE A CIVIL
ACTION.—Section 2631 of title 28, United States
Code, is amended—
(A) by amending subsection (d)(1) to read
as follows:
‘‘(d)(1) A civil action to review any final determina-
tion of the Secretary of Labor under section 231 of the
Trade Act of 1974 with respect to the certification of
workers as adversely affected and eligible for trade adjust-
ment assistance under that Act may be commenced by a
worker, a group of workers, a certified or recognized
union, or an authorized representative of such worker or
group, that petitions for certification under that Act and
is aggrieved by the final determination.’’; and
(B) in subsection (d)(3), by striking ‘‘Sec-
retary of Commerce under section 271’’ and in-
serting ‘‘Director of the Office of Community
Economic Adjustment under section 273’’.
118
(3) TIME FOR COMMENCEMENT OF ACTION.—
Section 2636(d) of title 28, United States Code, is
amended by striking ‘‘under section 223 of the
Trade Act of 1974 or a final determination of the
Secretary of Commerce under section 251 or section
271 of such Act’’ and inserting ‘‘under section 231
of the Trade Act of 1974, a final determination of
the Secretary of Commerce under section 251 of
that Act, or a final determination of the Director of
the Office of Community Economic Adjustment
under section 273 of that Act’’.
(4) SCOPE AND STANDARD OF REVIEW.—Sec-
tion 2640(c) of title 28, United States Code, is
amended by striking ‘‘under section 223 of the
Trade Act of 1974 or any final determination of the
Secretary of Commerce under section 251 or section
271 of such Act’’ and inserting ‘‘under section 231
of the Trade Act of 1974, a final determination of
the Secretary of Commerce under section 251 of
that Act, or a final determination of the Director of
the Office of Community Economic Adjustment
under section 273 of that Act’’.
(5) RELIEF.—Section 2643(c)(2) of title 28,
United States Code, is amended by striking ‘‘under
section 223 of the Trade Act of 1974 or any final
119
determination of the Secretary of Commerce under
section 251 or section 271 of such Act’’ and insert-
ing ‘‘under section 231 of the Trade Act of 1974,
a final determination of the Secretary of Commerce
under section 251 of that Act, or a final determina-
tion of the Director of the Office of Community Eco-
nomic Adjustment under section 273 of that Act’’.
(d) AMENDMENT
TO
THE FOOD STAMP ACT
OF
1977.—Section 6(o)(1)(B) of the Food Stamp Act of 1977
(7 U.S.C. 2015(o)(1)(B)) is amended by striking ‘‘section
236’’ and inserting ‘‘section 240’’.
TITLE VI—SAVINGS PROVISIONS
AND EFFECTIVE DATE
SEC. 601. SAVINGS PROVISIONS.
(a) PROCEEDINGS NOT AFFECTED.—
(1) IN GENERAL.—The provisions of this Act
shall not affect any petition for certification for ben-
efits under chapter 2 of title II of the Trade Act of
1974 that is in effect on September 30, 2001. De-
terminations shall be issued, appeals shall be taken
therefrom, and payments shall be made under those
determinations, as if this Act had not been enacted,
and orders issued in any proceeding shall continue
in effect until modified, terminated, superseded, or
120
revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law.
(2) MODIFICATION
OR
DISCONTINUANCE.—
Nothing in this subsection shall be deemed to pro-
hibit the discontinuance or modification of any pro-
ceeding under the same terms and conditions and to
the same extent that the proceeding could have been
discontinued or modified if this Act had not been en-
acted.
(b) SUITS NOT AFFECTED.—The provisions of this
Act shall not affect any suit commenced before October
1, 2001, and in all those suits, proceedings shall be had,
appeals taken, and judgments rendered in the same man-
ner and with the same effect as if this Act had not been
enacted.
(c) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Federal
Government, or by or against any individual in the official
capacity of that individual as an officer of the Federal
Government, shall abate by reason of enactment of this
Act.
SEC. 602. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in
section 102, section 501(b)(2)(B), and subsection (b) of
121
this section, the amendments made by this Act shall apply
to—
(1) petitions for certification filed under chapter
2 or 3 of title II of the Trade Act of 1974 on or
after October 1, 2001;
(2) petitions for certification filed under chapter
2 or 3 of title II of the Trade Act of 1974 before
October 1, 2001, that are pending on such date; and
(3) certifications for assistance under chapter 4
of title II of the Trade Act of 1974 issued on or
after October 1, 2001.
(b) WORKERS CERTIFIED AS ELIGIBLE BEFORE OC-
TOBER 1, 2001.—Notwithstanding subsection (a), a work-
er shall continue to receive (or be eligible to receive) trade
adjustment assistance and other benefits under chapter 2
of title II of the Trade Act of 1974, as in effect on Sep-
tember 30, 2001, for any week for which the worker meets
the eligibility requirements of such chapter II as in effect
on such date, if on or before September 30, 2001, the
worker—
(1) was certified as eligible for trade adjust-
ment assistance benefits under such chapter as in
effect on such date; and
122
(2) would otherwise be eligible to receive trade
adjustment assistance benefits under such chapter
as in effect on such date.
Æ