I
107TH CONGRESS
2D SESSION
H. R. 3670
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
FEBRUARY 4, 2002
Mr. BENTSEN (for himself, Ms. ESHOO, Mr. JEFFERSON, Mr. GEPHARDT, Mr.
LEVIN, Mr. MATSUI, Mr. RANGEL, Ms. LOFGREN, Mr. BARCIA, Mr.
TURNER, Mr. POMEROY, Mr. MCINTYRE, Mr. GREEN of Texas, Mr.
SHOWS, Mr. HONDA, Mr. KENNEDY of Rhode Island, Mr. HASTINGS of
Florida, Mr. BALDACCI, and Mr. FARR of California) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on Energy and Commerce, and Edu-
cation and the Workforce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
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,
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 preceding the quarter in which
occurs the week with respect to which the
computation is made; and
‘‘(ii) the term ‘week’ means the week
in which total separation occurred, or, in
cases where partial separation is claimed,
an appropriate week, as defined in 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) CUSTOMIZED TRAINING.—The term ‘cus-
tomized training’ means training undertaken by an
individual to specifications provided by and in close
consultation with an employer in consideration of
the employer’s commitment to hire the individual
upon successful completion of the agreed training
program.
‘‘(11) DOWNSTREAM
PRODUCER.—The term
‘downstream producer’ means a firm that performs
additional, value-added production processes, includ-
ing a firm that performs final assembly, finishing, or
packaging of articles produced by another firm.
‘‘(12) EXTENDED COMPENSATION.—The term
‘extended compensation’ has the meaning given that
term in section 205(4) of the Federal-State Ex-
tended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
‘‘(13) 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.
‘‘(14) JOB SEARCH PROGRAM.—The term ‘job
search program’ means a job search workshop or job
finding club.
‘‘(15) JOB SEARCH WORKSHOP.—The term ‘job
search workshop’ means a short (1- to 3-day) 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.
‘‘(16) ON-THE-JOB TRAINING.—The term ‘on-
the-job training’ has the same meaning as that term
has in section 101(31) of the Workforce Investment
Act.
‘‘(17) PARTIAL SEPARATION.—A partial 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.
‘‘(18) 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).
‘‘(19) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of Labor.
‘‘(20) STATE.—The term ‘State’ includes each
State of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico.
‘‘(21) STATE AGENCY.—The term ‘State agen-
cy’ means the agency of the State that administers
the State law.
‘‘(22) STATE
LAW.—The term ‘State law’
means the unemployment insurance law of the State
approved by the Secretary under section 3304 of the
Internal Revenue Code of 1986.
‘‘(23) SUPPLIER.—The term ‘supplier’ means a
firm that produces component parts for, or articles
considered to be a part of, the production process
for articles produced by a firm or subdivision 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.
‘‘(24) 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.
‘‘(25) UNEMPLOYMENT INSURANCE.—The term
‘unemployment insurance’ means the unemployment
compensation payable to an individual under any
State law or Federal unemployment compensation
law, including chapter 85 of title 5, United States
Code, and the Railroad Unemployment Insurance
Act (45 U.S.C. 351 et seq.).
‘‘(26) WEEK.—Except as provided in paragraph
5(B)(ii), the term ‘week’ means a week as defined
in the applicable State law.
‘‘(27) WEEK OF UNEMPLOYMENT.—The term
‘week of unemployment’ means a week of total, part-
total, or partial unemployment as determined under
the applicable State law or Federal unemployment
insurance law.
‘‘SEC. 222. AGREEMENTS WITH STATES.
‘‘(a) IN GENERAL.—The Secretary is authorized on
behalf of the United States to enter into an agreement
with any State or with any State agency (referred to in
this chapter as ‘cooperating State’ and ‘cooperating State
agency’, respectively) to facilitate the provision of services
under this chapter.
‘‘(b) PROVISIONS
OF
AGREEMENTS.—Under an
agreement entered into under subsection (a)—
‘‘(1) the cooperating State agency as an agent
of the United States shall—
‘‘(A) facilitate the early filing of petitions
under section 231(b) for any group of workers
that the State considers is likely to be eligible
for benefits under this chapter;
‘‘(B) assist the Secretary in the review of
any petition submitted from that State by
verifying the information and providing other
assistance as the Secretary may request;
‘‘(C) advise each worker who applies for
unemployment insurance of the available bene-
fits under this chapter and the procedures and
deadlines for applying for those benefits;
‘‘(D) receive applications for services under
this chapter;
‘‘(E) provide payments on the basis pro-
vided for in this chapter;
‘‘(F) advise each adversely affected worker
to apply for training under section 240, and of
the deadlines for benefits related to enrollment
in training under this chapter;
‘‘(G) ensure that the State employees with
responsibility for carrying out an agreement 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
for which the workers may be eligible;
and
‘‘(ii) provide such workers with infor-
mation regarding how to apply for such as-
sistance, services, and programs;
‘‘(H) provide adversely affected workers re-
ferral to training services approved under title
I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.), and any other appropriate
Federal or State program designed to assist
dislocated workers or unemployed individuals,
consistent with the requirements of subsection
(b)(2);
‘‘(I) collect and transmit to the Secretary
any data as the Secretary shall reasonably re-
quire to assist the Secretary in assuring the ef-
fective and efficient performance of the pro-
grams carried out under this chapter; and
‘‘(J) otherwise actively cooperate with the
Secretary and with other Federal and State
agencies in providing payments and services
under this chapter, including participation in
the performance measurement system estab-
lished by the Secretary under section 224.
‘‘(2) the cooperating State shall—
‘‘(A) arrange for the provision of services
under this chapter through the one-stop deliv-
ery system established in section 134(c) of the
Workforce Investment Act of 1998 (29 U.S.C.
2864(c)) where available;
‘‘(B) provide to adversely affected workers
statewide rapid response activities under section
134(a)(2)(A) of the Workforce Investment Act
of 1998 (29 U.S.C. 2864(a)(2)(A)) in the same
manner and to the same extent as any other
worker eligible for those activities;
‘‘(C) afford adversely affected workers the
services provided under section 134(d) of the
Workforce Investment Act of 1998 (29 U.S.C.
92864(d)) in the same manner and to the same
extent as any other worker eligible for those
services; and
‘‘(D) provide training services under this
chapter using training providers approved
under title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.) which may in-
clude community colleges, and other effective
providers of training services.
‘‘(c) OTHER PROVISIONS.—
‘‘(1) APPROVAL OF TRAINING PROVIDERS.—The
Secretary shall ensure that the training services 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 such form as the Secretary may re-
quire, the description and information described in
paragraphs (8) and (14) of section 112(b) of the
Workforce Investment Act of 1998 (29 U.S.C.
2822(b) (8) and (14)).
‘‘(d) REVIEW OF STATE DETERMINATIONS.—
‘‘(1) IN GENERAL.—A determination by a 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, taking into consideration current eco-
nomic conditions in the State.
‘‘(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 the
Trade Adjustment Assistance for Workers,
Farmers, Fishermen, Communities, and Firms
Act of 2002, the Secretary shall submit to the
Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives a report that—
‘‘(i) describes the performance 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 (v)
of subparagraph (A).
‘‘(2) STATE REPORTS.—Pursuant to regulations
prescribed by the Secretary, each State shall submit
to the Secretary a report that details its 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.—
‘‘(A) 
OIL
AND
NATURAL
GAS
PRO-
DUCERS.—For purposes of this section, any
firm, or appropriate subdivision of a firm, that
engages in exploration or drilling for oil or nat-
ural gas shall be considered to be a firm pro-
ducing oil or natural gas.
‘‘(B) OIL AND NATURAL GAS IMPORTS.—
For purposes of this section, any firm, or ap-
propriate subdivision of a firm, that engages in
exploration or drilling for oil or natural gas, or
otherwise produces oil or natural gas, shall be
considered to be producing articles directly
competitive with imports of oil and with imports
of natural gas.
‘‘(C) TACONITE.—For purposes of this sec-
tion, taconite pellets produced in the United
States shall be considered to be an article that
is like or directly competitive with imports of
semifinished steel slab.
‘‘(D) SERVICE WORKERS.—
‘‘(i) IN GENERAL.—Not later than 6
months after the date of enactment of the
Trade Adjustment Assistance for Workers,
Farmers, Fishermen, Communities, and
Firms Act of 2002, the Secretary shall es-
tablish a program to provide assistance
under this chapter to domestic operators of
motor carriers who are adversely affected
by competition from foreign owned and op-
erated 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, Fishermen,
Communities, and Firms Act of 2002, the
Secretary shall put in place a system to
collect data on adversely affected service
workers that includes the number of work-
ers by State, industry, and cause of dis-
location for each worker.
‘‘(iii) REPORT.—Not later than 2
years after the date of enactment of the
Trade Adjustment Assistance for Workers,
Farmers, Fishermen, Communities, and
Firms Act of 2002, the Secretary shall re-
port to Congress the results of a study on
ways for extending the programs in this
chapter to adversely affected service work-
ers, including recommendations for legisla-
tion.
‘‘(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 simultaneously with the Secretary
and with the Governor of the State in which the
firm or subdivision of the firm employing the work-
ers is located.
‘‘(2) PERSONS WHO MAY FILE A PETITION.—A
petition under paragraph (1) may be filed by any of
the following:
‘‘(A) WORKERS.—A group of workers (in-
cluding workers in an agricultural firm or sub-
division of 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 40 days after that date, the
Secretary shall determine whether the petitioning
group meets the requirements of subsection (a), and
if warranted, shall issue a certification of eligibility
for trade adjustment assistance pursuant to this
subchapter. In making the determination, the Sec-
retary 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 need for training under section 240 as
a result of that certification.
‘‘(d) SCOPE OF CERTIFICATION.—
‘‘(1) IN GENERAL.—A certification issued under
subsection (c) shall cover adversely affected workers
in any group that meets the requirements of 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.
‘‘(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,
or maternity, or inactive duty training or
active duty for training in the Armed
Forces of the United States;
‘‘(ii) does not work because of a 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 regular State unemployment insurance
to which the worker was entitled (or would be
entitled if the worker had applied for any reg-
ular State unemployment insurance).
‘‘(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, because
of 1 or more of the following reasons:
‘‘(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 worker to obtain suit-
able employment exceeds the worker’s max-
imum entitlement to basic and additional trade
adjustment allowances, and financial support
available through other Federal or State pro-
grams, including chapter 5 of subtitle B of title
I of the Workforce Investment Act of 1998 (29
U.S.C. 2861 et seq.), that would enable the
worker to complete a suitable training program
cannot be assured.
‘‘(G) EMPLOYMENT AVAILABLE.—There is
employment (which may include technical and
professional employment) available for the
worker that offers equivalent wages to those
that the worker earned prior to separation.
‘‘(H) NO
BENEFIT.—The worker would
not benefit from any training, or no training
that is suitable for the worker is available at a
reasonable cost.
‘‘(I) NO
REASONABLE
EXPECTATION
OF
EMPLOYMENT.—There is no reasonable 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
under 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
regular State unemployment insurance to which the work-
er was entitled (or would have been entitled if the worker
had applied for unemployment insurance) in the worker’s
first benefit period described in section 235(a)(3)(A).
‘‘(b) DURATION OF PAYMENTS.—
‘‘(1) IN GENERAL.—Except as provided in 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, ex-
cept that a trade adjustment allowance shall be
paid if a worker is enrolled in a non-paid cus-
tomized training program.
‘‘(C) SMALL
BUSINESS
ADMINISTRATION
PILOT PROGRAM.—An adversely affected worker
who is participating in a self-employment train-
ing program established by the Director of the
Small Business Administration pursuant to sec-
tion 102 of the Trade Adjustment Assistance
for Workers, Farmers, Fishermen, Commu-
nities, and Firms Act of 2002, shall not be in-
eligible to receive benefits under this chapter.
‘‘(c) 
ADJUSTMENT
OF
AMOUNTS
PAYABLE.—
Amounts payable to an adversely affected worker under
this chapter shall be subject to adjustment on a week-to-
week basis as may be required by section 236.
‘‘(d) YEAR-END ADJUSTMENT.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this Act or any other provision of law,
if the benefit year of a worker ends within an 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 or customized
training;
‘‘(B) any employment or training activity
provided through a one-stop delivery system
under chapter 5 of subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C.
2861 et seq.);
‘‘(C) any program of adult education;
‘‘(D) any training program (other than a
training program described in paragraph (3))
for which all, or any portion, of the costs of
training the worker are paid—
‘‘(i) under any Federal or State 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 AND CUSTOMIZED
TRAINING.—
‘‘(A) PROVISION OF TRAINING ON THE JOB
OR
CUSTOMIZED
TRAINING.—If the Secretary
approves training under subsection (a), the Sec-
retary shall, insofar as possible, provide or as-
sure the provision of that training on the job or
customized training, and any training on the
job or customized training that is approved by
the Secretary under subsection (a) shall include
related education necessary for the acquisition
of skills needed for a position within a par-
ticular occupation.
‘‘(B) MONTHLY
INSTALLMENTS.—If the
Secretary approves payment of any on-the-job
training or customized training under sub-
section (a), the Secretary shall pay the costs of
that training in equal monthly installments.
‘‘(C) LIMITATIONS.—The Secretary may
pay the costs of on-the-job training or cus-
tomized 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 or customized train-
ing that failed to meet the requirements of
clauses (i) through (vi); and
‘‘(x) the employer has not taken, at
any time, any action that violated the
terms of any certification described in
clause (viii) made by that employer with
respect to any other on-the-job training
provided by the employer or customized
training for which the Secretary has made
a payment under paragraph (1).
‘‘(c) CERTAIN WORKERS ELIGIBLE FOR TRAINING
BENEFITS.—An adversely affected worker covered by a
certification issued under section 231, who is not qualified
to receive a trade adjustment allowance under section 235,
may be eligible to have payment of the costs of training
made under this section, if the worker enters a training
program approved by the Secretary not later than 6
months after the date on which the certification that 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 costs of approved
training may be made under subsection (b) if
those costs—
‘‘(i) have already been paid under any
other provision of Federal law; or
‘‘(ii) are reimbursable under any other
provision of Federal law and a portion of
those costs has already been paid under
that other provision of Federal law.
‘‘(C) NO PAYMENT OF COSTS PAID 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
the training program or up to 26 weeks, which-
ever 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 a trade adjustment allowance,
subject to the income offsets provided for in the
worker’s State unemployment compensation law
in accordance with the provisions of section
237.
‘‘(5) FUNDING.—The total amount of payments
that may be made under this section for any fiscal
year shall not exceed $300,000,000.
‘‘SEC. 241. JOB SEARCH ALLOWANCES.
‘‘(a) JOB SEARCH ALLOWANCE AUTHORIZED.—
‘‘(1) IN GENERAL.—An adversely affected work-
er covered by a certification issued under section