(C) TOBACCO-GROWING COUNTIES.—To be
eligible to receive payments under this section,
a State shall demonstrate to the Secretary that
funding will be provided, during each 5-year pe-
riod for which funding is provided under this
section, for activities in each county in the
State that has been determined under para-
graph (2) to have in excess of $100,000 in in-
come derived from the production of tobacco, in
amounts that are at least equal to the product
obtained by multiplying—
(i) the ratio that the tobacco produc-
tion income in the county determined
under paragraph (2) bears to the total to-
bacco production income for the State de-
termined under subsection (c); by
(ii) 50 percent of the total amounts
received by a State under this section dur-
ing the five-year period.
(f) PREFERENCES IN HIRING.—A State may require
recipients of funds under this section to provide a pref-
erence in employment to—
(1) an individual who—
(A) during the 1996 calendar year, was
employed in the manufacture, processing, or
warehousing of tobacco or tobacco products, or
resided, in a county described in subsection
(e)(2); and
(B) is eligible for assistance under the to-
bacco worker transition program established
under section 602; or
(2) an individual who—
(A) during the 1996 marketing year, car-
ried out tobacco quota or relevant tobacco pro-
duction activities in a county described in sub-
section (e)(2);
(B) is eligible for a farmer opportunity
grant under subpart 9 of part A of title IV of
the Higher Education Act of 1965; and
(C) has successfully completed a course of
study at an institution of higher education.
(g) AVAILABLE FUNDS.—Amounts in the Tobacco
Community Revitalization Trust Fund shall be available
for making expenditures after October 1, 1998, for to-
bacco community economic development grants, but not
to exceed—
(1) $400,000,000 for each of fiscal years 1999
through 2008, less any amount required to be paid
under title III for the fiscal year; and
(2) $450,000,000 for each of fiscal year 2009
through 2023, less any amount required to be paid
under title III during the fiscal year.
SEC. 602. TOBACCO WORKER TRANSITION PROGRAM.
(a) GROUP ELIGIBILITY REQUIREMENTS.—
(1) CRITERIA.—A group of workers (including
workers in any firm or subdivision of a firm involved
in the manufacture, processing, or warehousing of
tobacco or tobacco products) shall be certified as eli-
gible to apply for adjustment assistance under this
section pursuant to a petition filed under subsection
(b) if the Secretary of Labor determines that a sig-
nificant number or proportion of the workers in such
workers’ firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially sepa-
rated, and—
(A) the sales or production, or both, of
such firm or subdivision have decreased abso-
lutely; and
(B) the implementation of the national to-
bacco settlement contributed importantly to
such workers’ separation or threat of separation
and to the decline in the sales or production of
such firm or subdivision.
(2) DEFINITION
OF
CONTRIBUTED
IMPOR-
TANTLY.—In paragraph (1)(B), the term ‘‘contrib-
uted importantly’’ means a cause that is important
but not necessarily more important than any other
cause.
(3) REGULATIONS.—The Secretary of Labor
shall issue regulations relating to the application of
the criteria described in paragraph (1) in making
preliminary findings under subsection (b) and deter-
minations under subsection (c).
(b) PRELIMINARY FINDINGS
AND BASIC ASSIST-
ANCE.—
(1) FILING OF PETITIONS.—A petition for cer-
tification of eligibility to apply for adjustment assist-
ance under this section may be filed by a group of
workers (including workers in any firm or subdivi-
sion of a firm involved in the manufacture, process-
ing, or warehousing of tobacco or tobacco products)
or by their certified or recognized union or other
duly authorized representative with the Governor of
the State in which such workers’ firm or subdivision
thereof is located.
(2) FINDINGS AND ASSISTANCE.—Upon receipt
of a petition under paragraph (1), the Governor
shall—
(A) notify the Secretary of Labor that the
Governor has received the petition;
(B) within 10 days after receiving the peti-
tion—
(i) make a preliminary finding as to
whether the petition meets the criteria de-
scribed in subsection (a)(1); and
(ii) transmit the petition, together
with a statement of the finding under
clause (i) and reasons for the finding, to
the Secretary of Labor for action under
subsection (c); and
(C) if the preliminary finding under sub-
paragraph (B)(i) is affirmative, ensure that
rapid response and basic readjustment services
authorized under other Federal laws are made
available to the workers.
(c) REVIEW OF PETITIONS BY SECRETARY; CERTIFI-
CATIONS.—
(1) IN
GENERAL.—The Secretary of Labor,
within 30 days after receiving a petition under sub-
section (b)(2)(B)(ii), shall determine whether the pe-
tition meets the criteria described in subsection
(a)(1). Upon a determination that the petition meets
such criteria, the Secretary of Labor shall issue to
workers covered by the petition a certification of eli-
gibility to apply for the assistance described in sub-
section (d).
(2) DENIAL OF CERTIFICATION.—Upon the de-
nial of a certification with respect to a petition
under paragraph (1), the Secretary of Labor shall
review the petition in accordance with the require-
ments of other applicable assistance programs to de-
termine if the workers may be certified under such
other provisions.
(d) COMPREHENSIVE ASSISTANCE.—
(1) IN GENERAL.—Workers covered by a certifi-
cation issued by the Secretary of Labor under sub-
section (c)(1) shall be provided with benefits and
services described in paragraph (2) in the same
manner and to the same extent as workers covered
under a certification under subchapter A of title II
of the Trade Act of 1974 (19 U.S.C. 2271 et seq.),
except that the total amount of payments under this
section for any fiscal year shall not exceed
$50,000,000.
(2) BENEFITS
AND
SERVICES.—The benefits
and services described in this paragraph are the fol-
lowing:
(ii) notwithstanding the provisions of
section 233(b) of such Act (19 U.S.C.
2293(b)), in order for a worker to qualify
for tobacco readjustment allowances under
this section, the worker shall be enrolled in
a training program approved by the Sec-
retary of Labor of the type described in
section 236(a) of such Act (19 U.S.C.
2296(a)) by the later of—
(I) the last day of the 16th week
of such worker’s initial unemployment
compensation benefit period; or
(II) the last day of the 6th week
after the week in which the Secretary
of Labor issues a certification cover-
ing such worker.
In cases of extenuating circumstances re-
lating to enrollment of a worker in a train-
ing program under this section, the Sec-
retary of Labor may extend the time for
enrollment for a period of not to exceed 30
days.
(D) Job search allowances of the type de-
scribed in section 237 of the Trade Act of 1974
(19 U.S.C. 2297).
(E) Relocation allowances of the type de-
scribed in section 238 of the Trade Act of 1974
(19 U.S.C. 2298).
(e) INELIGIBILITY OF INDIVIDUALS RECEIVING PAY-
MENTS FOR LOST TOBACCO QUOTA.—No benefits or serv-
ices may be provided under this section to any individual
who has received payments for lost tobacco quota under
section 201.
(f) EFFECTIVE DATE.—This section shall take effect
on the date that is the later of—
(1) October l, 1998; or
(2) the date on which legislation implementing
the national tobacco settlement is enacted.
(g) TERMINATION DATE.—No assistance, vouchers,
allowances, or other payments may be provided under this
section after the date that is the earlier of—
(1) the date that is 10 years after the effective
date of this section under subsection (g); or
(2) the date on which legislation establishing a
program providing dislocated workers with com-
prehensive assistance substantially similar to the as-
sistance provided by this section becomes effective.
(h) AVAILABLE FUNDS.—Amounts in the Tobacco
Community Revitalization Trust Fund shall be available
for making expenditures after October 1, 1998, for assist-
ance provided under the tobacco worker transition pro-
gram, but not to exceed $50,000,000 for any fiscal year.
SEC. 603. FARMER OPPORTUNITY GRANTS.
(a) AUTHORITY TO PROVIDE FARMER OPPORTUNITY
GRANTS.—Part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.) is amended by adding
at the end the following:
‘‘Subpart 9—Farmer Opportunity Grants
‘‘SEC. 420D. STATEMENT OF PURPOSE.
‘‘It is the purpose of this subpart to assist in making
available the benefits of postsecondary education to eligi-
ble students (determined in accordance with section 420F)
in institutions of higher education by providing farmer op-
portunity grants to all eligible students.
‘‘SEC. 420E. PROGRAM AUTHORITY; AMOUNT AND DETER-
MINATIONS; APPLICATIONS.
‘‘(a) PROGRAM
AUTHORITY
AND
METHOD
OF
DISTRIBUTION.—
‘‘(1) PROGRAM
AUTHORITY.—From amounts
made available under section 603(b) of the Tobacco
Community Economic Stabilization and Support
Act, the Secretary, during the period beginning July
1, 1999, and ending September 30, 2024, shall pay
to each eligible institution such sums as may be nec-
essary to pay to each eligible student (determined in
accordance with section 420F) for each academic
year during which that student is in attendance at
an institution of higher education, as an under-
graduate, a farmer opportunity grant in the amount
for which that student is eligible, as determined pur-
suant to subsection (b). Not less than 85 percent of
such sums shall be advanced to eligible institutions
prior to the start of each payment period and shall
be based upon an amount requested by the institu-
tion as needed to pay eligible students, except that
this sentence shall not be construed to limit the au-
thority of the Secretary to place an institution on a
reimbursement system of payment.
‘‘(2) CONSTRUCTION.—Nothing in this section
shall be construed to prohibit the Secretary from
paying directly to students, in advance of the begin-
ning of the academic term, an amount for which the
students are eligible, in cases where the eligible in-
stitution elects not to participate in the disburse-
ment system required by paragraph (1).
‘‘(3) DESIGNATION.—Grants made under this
subpart shall be known as ‘farmer opportunity
grants’.
‘‘(b) AMOUNT OF GRANTS.—
‘‘(1) AMOUNTS.—
‘‘(A) IN
GENERAL.—The amount of the
grant for a student eligible under this subpart
shall be—
‘‘(i) $1,700 for each of the academic
years 1999–2000 through 2003–2004;
‘‘(ii) $2,000 for each of the academic
years 2004–2005 through 2008–2009;
‘‘(iii) $2,300 for each of the academic
years 2009–2010 through 2013–2014;
‘‘(iv) $2,600 for each of the academic
years 2014–2015 through 2018–2019; and
‘‘(v) $2,900 for each of the academic
years 2019–2020 through 2023–2024.
‘‘(B) PART-TIME
RULE.—In any case
where a student attends an institution of higher
education on less than a full-time basis (includ-
ing a student who attends an institution of
higher education on less than a half-time basis)
during any academic year, the amount of the
grant for which that student is eligible shall be
reduced in proportion to the degree to which
that student is not so attending on a full-time
basis, in accordance with a schedule of reduc-
tions established by the Secretary for the pur-
poses of this subparagraph, computed in ac-
cordance with this subpart. Such schedule of re-
ductions shall be established by regulation and
published in the Federal Register.
‘‘(2) MAXIMUM.—No grant under this subpart
shall exceed the cost of attendance (as described in
section 472) at the institution at which that student
is in attendance. If, with respect to any student, it
is determined that the amount of a grant exceeds
the cost of attendance for that year, the amount of
the grant shall be reduced to an amount equal to the
cost of attendance at such institution.
‘‘(3) PROHIBITION.—No grant shall be awarded
under this subpart to any individual who is incarcer-
ated in any Federal, State, or local penal institution.
‘‘(c) PERIOD OF ELIGIBILITY FOR GRANTS.—
‘‘(1) IN GENERAL.—The period during which a
student may receive grants shall be the period re-
quired for the completion of the first undergraduate
baccalaureate course of study being pursued by that
student at the institution at which the student is in
attendance, except that any period during which the
student is enrolled in a noncredit or remedial course
of study as described in paragraph (2) shall not be
counted for the purpose of this paragraph.
‘‘(2) CONSTRUCTION.—Nothing in this section
shall be construed to—
‘‘(A) exclude from eligibility courses of
study that are noncredit or remedial in nature
and that are determined by the institution to be
necessary to help the student be prepared for
the pursuit of a first undergraduate bacca-
laureate degree or certificate or, in the case of
courses in English language instruction, to be
necessary to enable the student to utilize al-
ready existing knowledge, training, or skills;
and
‘‘(B) exclude from eligibility programs of
study abroad that are approved for credit by
the home institution at which the student is
enrolled.
‘‘(3) PROHIBITION.—No student is entitled to
receive farmer opportunity grant payments concur-
rently from more than 1 institution or from the Sec-
retary and an institution.
‘‘(d) APPLICATIONS FOR GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall from
time to time set dates by which students shall file
applications for grants under this subpart. The filing
of applications under this subpart shall be coordi-
nated with the filing of applications under section
401(c).
‘‘(2) INFORMATION
AND
ASSURANCES.—Each
student desiring a grant for any year shall file with
the Secretary an application for the grant containing
such information and assurances as the Secretary
may deem necessary to enable the Secretary to carry
out the Secretary’s functions and responsibilities
under this subpart.
‘‘(e) DISTRIBUTION OF GRANTS TO STUDENTS.—
Payments under this section shall be made in accordance
with regulations promulgated by the Secretary for such
purpose, in such manner as will best accomplish the pur-
pose of this section. Any disbursement allowed to be made
by crediting the student’s account shall be limited to tui-
tion and fees and, in the case of institutionally owned
housing, room and board. The student may elect to have
the institution provide other such goods and services by
crediting the student’s account.
‘‘(f) INSUFFICIENT FUNDING.—If, for any fiscal
year, the funds made available to carry out this subpart
from the Tobacco Community Revitalization Trust Fund
are insufficient to satisfy fully all grants for students de-
termined to be eligible under section 420F, the amount
of the grant provided under subsection (b) shall be re-
duced on a pro rata basis among all eligible students.
‘‘(g) TREATMENT OF INSTITUTIONS AND STUDENTS
UNDER OTHER LAWS.—Any institution of higher edu-
cation that enters into an agreement with the Secretary
to disburse to students attending that institution the
amounts those students are eligible to receive under this
subpart shall not be deemed, by virtue of such agreement,
to be a contractor maintaining a system of records to ac-
complish a function of the Secretary. Recipients of farmer
opportunity grants shall not be considered to be individual
grantees for purposes of the Drug-Free Workplace Act of
1988 (41 U.S.C. 701 et seq.).
‘‘SEC. 420F. STUDENT ELIGIBILITY.
‘‘(a) IN GENERAL.—In order to receive any grant
under this subpart, a student shall—
‘‘(1) be a member of a tobacco farm family in
accordance with subsection (b);
‘‘(2) be enrolled or accepted for enrollment in
a degree, certificate, or other program (including a
program of study abroad approved for credit by the
eligible institution at which such student is enrolled)
leading to a recognized educational credential at an
institution of higher education that is an eligible in-
stitution in accordance with section 487, and not be
enrolled in an elementary or secondary school;
‘‘(3) if the student is presently enrolled at an
institution of higher education, be maintaining satis-
factory progress in the course of study the student
is pursuing in accordance with subsection (c);
‘‘(4) not owe a refund on grants previously re-
ceived at any institution of higher education under
this title, or be in default on any loan from a stu-
dent loan fund at any institution provided for in
part D, or a loan made, insured, or guaranteed by
the Secretary under this title for attendance at any
institution;
‘‘(5) file with the institution of higher education
that the student intends to attend, or is attending,
a document, that need not be notarized, but that
shall include—
‘‘(A) a statement of educational purpose
stating that the money attributable to such
grant will be used solely for expenses related to
attendance or continued attendance at such in-
stitution; and
‘‘(B) such student’s social security num-
ber; and
‘‘(6) be a citizen of the United States.
‘‘(b) TOBACCO FARM FAMILIES.—
‘‘(1) IN GENERAL.—For the purpose of sub-
section (a)(1), a student is a member of a tobacco
farm family if during calendar year 1996 the stu-
dent was—
‘‘(A) an individual who—
‘‘(i) is an active tobacco producer (as
defined in section 2 of the Tobacco Com-
munity Economic Stabilization and Sup-
port Act); or
‘‘(ii) is otherwise actively engaged in
the production of tobacco;
‘‘(B) a spouse, son, daughter, stepson, or
stepdaughter of an individual described in sub-
paragraph (A);
‘‘(C) an individual—
‘‘(i) who was a brother, sister, step-
brother, stepsister, son-in-law, or daughter-
in-law of an individual described in sub-
paragraph (A); and
‘‘(ii) whose principal place of resi-
dence was the home of the individual de-
scribed in subparagraph (A); or
‘‘(D) an individual who was a dependent
(within the meaning of section 152 of the Inter-