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.
‘‘(2) MAXIMUM
ALLOWANCE.—Reimbursement
under this subsection may not exceed $1,200 for any
worker.
‘‘(3) ALLOWANCE
FOR
SUBSISTENCE
AND
TRANSPORTATION.—Reimbursement under this sub-
section may not be made for subsistence and trans-
portation expenses at levels exceeding those allow-
able 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 the Trade Adjustment As-
sistance for Workers, Farmers, Fishermen, Commu-
nities, and Firms Act of 2002, the Secretary shall
establish a Wage Insurance Program under which a
State shall use the funds provided to the State for
trade adjustment allowances to pay to an adversely
affected worker certified under section 231 a wage
subsidy of up to 50 percent of the difference between
the wages received by the adversely affected worker
from reemployment and the wages received by the
adversely affected worker at the time of separation
for a period not to exceed 2 years.
‘‘(2) AMOUNT OF PAYMENT.—
‘‘(A) WAGES UNDER $40,000.—If the wages
the worker receives from reemployment are less
than $40,000 a year, the wage subsidy shall be
50 percent of the difference between the
amount of the wages received by the worker
from reemployment and the amount of the
wages received by the worker at the time of
separation.
‘‘(B) 
WAGES
BETWEEN
$40,000
AND
$50,000.—If the wages received by the worker
from reemployment are greater than $40,000 a
year but less than $50,000 a year, the wage
subsidy shall be 25 percent of the difference 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 the Trade Ad-
justment Assistance for Workers, Farmers,
Fishermen, Communities, and Firms Act of
2002, the Comptroller General shall submit to
the Committee on Finance of the Senate and
the Committee on Ways and Means of the
House of Representatives a report on the study
conducted under subparagraph (A). The report
shall include a description of—
‘‘(i) all Federal programs designed to
assist workers facing job loss and economic
distress, including all benefits and services;
‘‘(ii) eligibility requirements for each
of the programs; and
‘‘(iii) procedures for applying for and
receiving benefits and services under each
of the programs.
‘‘(C) DISTRIBUTION
OF
GAO
REPORT.—
The report described in subparagraph (B) shall
be distributed to all one-stop partners 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 $50,000,
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 the grant, each State that re-
ceives a grant under subparagraph (B) shall
submit to the Committee on Finance of the
Senate and the Committee on Ways and Means
of the House of Representatives the report de-
scribed in subparagraph (A).
‘‘(D) 
DISTRIBUTION
OF
STATE
RE-
PORTS.—A report prepared by a State under
this paragraph shall be distributed to all the
one-stop partners in the State.
‘‘Subchapter D—Payment and Enforcement
Provisions
‘‘SEC. 244. PAYMENTS TO STATES.
‘‘(a) IN GENERAL.—The Secretary, from time to
time, shall certify to the Secretary of the Treasury for 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 for
which it is paid under subsection (a) shall be re-
turned to the Secretary of the Treasury at the time
specified in the agreement entered into under section
222.
‘‘(c) SURETY BOND.—Any agreement under section
222 may require any officer or employee of the 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
$10,000, 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. DISPLACED WORKER SELF-EMPLOYMENT TRAIN-
ING PILOT PROGRAM.
(a) ESTABLISHMENT.—Not later than 6 months after
the date of enactment of this Act, the Administrator of
the Small Business Administration (in this section re-
ferred to as the ‘‘Administrator’’) shall establish a self-
employment training program (in this section referred to
as the ‘‘Program’’) for adversely affected workers (as de-
fined in chapter 2 of title II of the Trade Act of 1974),
to be administered by the Small Business Administration.
(b) ELIGIBILITY FOR ASSISTANCE.—If an adversely
affected worker seeks or receives assistance through the
Program, such action shall not affect the eligibility of that
worker to receive benefits under chapter 2 of title II of
the Trade Act of 1974.
(c) TRAINING ASSISTANCE.—The Program shall in-
clude, at a minimum, training in—
(1) pre-business startup planning;
(2) awareness of basic credit practices and
credit requirements; and
(3) developing business plans, financial pack-
ages, and credit applications.
(d) OUTREACH.—The Program should include out-
reach to adversely affected workers and counseling and
lending partners of the Small Business Administration.
(e) REPORTS TO CONGRESS.—Beginning not later
than 180 days after the date of enactment of this Act,
the Administrator shall submit quarterly reports to the
Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the
House of Representatives regarding the implementation of
the Program, including Program delivery, staffing, and
administrative expenses related to such implementation.
(f) GUIDELINES.—Not later than 180 days after the
date of enactment of this Act, the Administrator, shall
issue such guidelines as the Administrator determines to
be necessary to carry out the Program.
(g) EFFECTIVE DATE.—The Program shall termi-
nate 3 years after the date of final publication of guide-
lines under subsection (f).
TITLE II—TRADE ADJUSTMENT
ASSISTANCE FOR FIRMS
SEC. 201. REAUTHORIZATION OF PROGRAM.
(a) IN GENERAL.—Section 256(b) of chapter 3 of
title II of the Trade Act of 1974 (19 U.S.C. 2346(b)) is
amended to read as follows:
‘‘(b) There are authorized to be appropriated to the
Secretary $16,000,000 for each of fiscal years 2002
through 2006, to carry out the Secretary’s functions under
this chapter in connection with furnishing adjustment 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’
means a community group established under section
274 that consists of major groups significantly af-
fected by an increase in imports or a shift in produc-
tion, including local, regional, tribal, and State gov-
ernments, regional councils of governments and eco-
nomic development, and business, labor, education,
health, religious, and other community-based organi-
zations.
‘‘(4) DIRECTOR.—The term ‘Director’ means
the Director of the Office of Community Trade Ad-
justment.
‘‘(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 Trade 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 TRADE ADJUSTMENT.
‘‘(a) ESTABLISHMENT.—Within 6 months of the date
of enactment of the Trade Adjustment Assistance for
Workers, Farmers, Fishermen, Communities, and Firms
Act of 2002, there shall be established in the Economic
Development Administration of the Department of Com-
merce an Office of Community Trade Adjustment.
‘‘(b) PERSONNEL.—The Office shall be headed by a
Director, and shall have such staff as may be necessary
to carry out the responsibilities described in this chapter.
‘‘(c) COORDINATION OF FEDERAL RESPONSE.—The
Office shall—
‘‘(1) provide leadership, support, and 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.
‘‘(d) WORKING GROUP.—The working group estab-
lished under subsection (c)(7) shall examine other options
for addressing trade impacts on communities, such as:
‘‘(1) Seeking legislative language directing the
Foreign Trade Zone (‘FTZ’) Board to expedite con-
sideration of FTZ applications from communities or
businesses that have been found eligible for trade
adjustment assistance.
‘‘(2) Seeking legislative language to make new
markets tax credits available in communities im-
pacted by trade.
‘‘(3) Seeking legislative language to make work
opportunity tax credits available for hiring unem-
ployed workers who are certified eligible for trade
adjustment assistance.
‘‘(4) Examining ways to assist trade impacted
rural communities and industries take advantage of
the Department of Agriculture’s rural development
program.
‘‘SEC. 273. NOTIFICATION AND CERTIFICATION AS AN 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 applies:
‘‘(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 apply for and re-
ceive benefits under this chapter, an eligible community
shall establish a Community Economic Development Co-
ordinating Committee certified by the Director as meeting
the requirements of subsection (b)(1).
‘‘(b) COMPOSITION OF THE COMMITTEE.—
‘‘(1) LOCAL PARTICIPATION.—The Community
Economic Development Coordinating Committee 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 to each commu-
nity.
‘‘(3) LIMIT.—Each community can only receive
1 grant under this subsection for the purpose of de-
veloping a strategic plan in any 5-year period.
‘‘(d) SUBMISSION OF PLAN.—A strategic plan devel-
oped 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 the Trade Adjust-
ment Assistance for Workers, Farmers, Fishermen, Com-
munities, and Firms Act of 2002, and annually thereafter,
the Director shall submit to the Committee on Finance
of the Senate and the Committee on Ways and Means of
the House of Representatives a report regarding the pro-
grams 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.’’.
100
TITLE IV—TRADE ADJUSTMENT
ASSISTANCE FOR FARMERS
SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.
(a) IN GENERAL.—Title II of the Trade Act of 1974
(19 U.S.C. 2251 et seq.) is amended by adding at the end
the following new chapter:
‘‘CHAPTER 6—ADJUSTMENT ASSISTANCE
FOR FARMERS
‘‘SEC. 291. DEFINITIONS.
‘‘In this chapter:
‘‘(1) AGRICULTURAL
COMMODITY.—The term
‘agricultural commodity’ means any agricultural
commodity (including livestock), except fish as de-
fined in section 299(1) of this Act, in its raw or nat-
ural state.
‘‘(2) AGRICULTURAL COMMODITY PRODUCER.—
The term ‘agricultural commodity producer’ means
any person who is engaged in the production and
sale of an agricultural commodity in the United
States and who owns or shares the ownership and
risk of loss of the agricultural commodity, except
any person described in section 299(2) of this Act.
‘‘(3) CONTRIBUTED IMPORTANTLY.—
‘‘(A) IN GENERAL.—The term ‘contributed
importantly’ means a cause which is important
101
but not necessarily more important than any
other cause.
‘‘(B) DETERMINATION
OF
CONTRIBUTED
IMPORTANTLY.—The determination of whether
imports of articles like or directly competitive
with an agricultural commodity with respect to
which a petition under this chapter was filed
contributed importantly to a decline in the price
of the agricultural commodity shall be made by
the Secretary.
‘‘(4) DULY
AUTHORIZED
REPRESENTATIVE.—
The term ‘duly authorized representative’ means an
association of agricultural commodity producers.
‘‘(5) NATIONAL
AVERAGE
PRICE.—The term
‘national average price’ means the national average
price paid to an agricultural commodity producer for
an agricultural commodity in a marketing year as
determined by the Secretary.
‘‘(6) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘SEC. 292. PETITIONS; GROUP ELIGIBILITY.
‘‘(a) IN GENERAL.—A petition for a certification of
eligibility to apply for adjustment assistance under this
chapter may be filed with the Secretary by a group of agri-
cultural commodity producers or by their duly authorized
102
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 person an
opportunity to be present, to produce evidence, and to be
heard.
‘‘(c) GROUP
ELIGIBILITY
REQUIREMENTS.—The
Secretary shall certify a group of agricultural commodity
producers as eligible to apply for adjustment assistance
under this chapter if the Secretary determines—
‘‘(1) that the national average price for the 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
103
‘‘(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
104
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 meets the requirements. Each
certification shall specify the date on which eligibility
under this chapter begins.
‘‘(b) NOTICE.—Upon making a determination on a
petition, the Secretary shall promptly publish a summary
105
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
106
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 the report public (with
the exception of information which the Secretary deter-
mines 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.
107
‘‘(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-
108
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-
109
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
110
‘‘(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.
111
‘‘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 STATEMENT.—A person shall, in addi-
tion to any other penalty provided by law, be ineligible
for any further payments under this chapter—
‘‘(1) if the Secretary, or a court of competent
jurisdiction, determines that the person—
112
‘‘(A) knowingly has made, or caused an-
other to make, a false statement or representa-
tion of a material fact; or
‘‘(B) knowingly has failed, or caused an-
other to fail, to disclose a material fact; and
‘‘(2) as a result of such false statement or rep-
resentation, or of such nondisclosure, such person
has received any payment under this chapter to
which the person was not entitled.
‘‘(c) NOTICE
AND DETERMINATION.—Except for
overpayments determined by a court of competent 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
113
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 $90,000,000 for each of the
fiscal years 2002 through 2006 to carry out the purposes
of this chapter.
‘‘(b) PROPORTIONATE REDUCTION.—If in any year,
the amount appropriated under this chapter is insufficient
to meet the requirements for adjustment assistance pay-
able under this chapter, the amount of assistance payable
under this chapter shall be reduced proportionately.’’.
(b) EFFECTIVE DATE.—The amendments made by
this title shall take effect on the date that is 180 days
after the date of enactment of this Act.
TITLE V—TRADE ADJUSTMENT
ASSISTANCE FOR FISHERMEN
SEC. 501. TRADE ADJUSTMENT ASSISTANCE FOR FISHER-
MEN.
(a) IN GENERAL.—Title II of the Trade Act of 1974
(19 U.S.C. 2251 et seq.), as amended by title IV of this
Act, is amended by adding at the end the following new
chapter:
114
‘‘CHAPTER 7—ADJUSTMENT ASSISTANCE
FOR FISHERMEN
‘‘SEC. 299. DEFINITIONS.
‘‘In this chapter:
‘‘(1) COMMERCIAL
FISHING, FISH, FISHERY,
FISHING, FISHING
VESSEL, PERSON, AND
UNITED
STATES FISH PROCESSOR.—The terms ‘commercial
fishing’, ‘fish’, ‘fishery’, ‘fishing’, ‘fishing vessel’,
‘person’, and ‘United States fish processor’ have the
same meanings as such terms have in the Magnu-
son-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1802).
‘‘(2) PRODUCER.—The term ‘producer’ means
any person who—
‘‘(A) is engaged in commercial fishing; or
‘‘(B) is a United States fish processor.
‘‘(3) CONTRIBUTED IMPORTANTLY.—
‘‘(A) IN GENERAL.—The term ‘contributed
importantly’ means a cause which is important
but not necessarily more important than any
other cause.
‘‘(B) DETERMINATION
OF
CONTRIBUTED
IMPORTANTLY.—The determination of whether
imports of articles like or directly competitive
with a fish caught through commercial fishing
115
or processed by a United States fish processor
with respect to which a petition under this
chapter was filed contributed importantly to a
decline in the price of the fish shall be made by
the Secretary.
‘‘(4) DULY
AUTHORIZED
REPRESENTATIVE.—
The term ‘duly authorized representative’ means an
association of producers.
‘‘(5) NATIONAL
AVERAGE
PRICE.—The term
‘national average price’ means the national average
price paid to a producer for fish in a marketing year
as determined by the Secretary.
‘‘(6) SECRETARY.—The term ‘Secretary’ means
the Secretary of Commerce.
‘‘(7) TRADE
ADJUSTMENT
ASSISTANCE
CEN-
TER.—The term ‘Trade Adjustment Assistance Cen-
ter’ shall have the same meaning as such term has
in section 253.
‘‘SEC. 299A. PETITIONS; GROUP ELIGIBILITY.
‘‘(a) IN GENERAL.—A petition for a certification of
eligibility to apply for adjustment assistance under this
chapter may be filed with the Secretary by a group of pro-
ducers or by their duly authorized representative. Upon
receipt of the petition, the Secretary shall promptly pub-
116
lish 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 person an
opportunity to be present, to produce evidence, and to be
heard.
‘‘(c) GROUP
ELIGIBILITY
REQUIREMENTS.—The
Secretary shall certify a group of producers as eligible to
apply for adjustment assistance under this chapter if the
Secretary determines—
‘‘(1) that the national average price for the fish,
or a class of fish, produced by the group for the
most recent marketing year for which the national
average price is available is less than 80 percent of
the average of the national average price for such
fish, or such class of fish, for the 5 marketing years
preceding the most recent marketing year; and
‘‘(2) that increases in imports of articles like or
directly competitive with the fish, or class of fish,
produced by the group contributed importantly to
the decline in price described in paragraph (1).
117
‘‘(d) SPECIAL RULE FOR QUALIFIED SUBSEQUENT
YEARS.—A group of producers certified as eligible under
section 299B shall be eligible to apply for assistance under
this chapter in any qualified year after the year the group
is first certified, if the Secretary determines that—
‘‘(1) the national average price for the fish, or
class of fish, produced by the group for the most re-
cent marketing year for which the national average
price is available is equal to or less than the price
determined under subsection (c)(1); and
‘‘(2) the requirements of subsection (c)(2) are
met.
‘‘(e) DETERMINATION
OF QUALIFIED YEAR
AND
COMMODITY.—In this chapter:
‘‘(1) QUALIFIED
YEAR.—The term ‘qualified
year’, with respect to a group of producers certified
as eligible under section 299B, means each consecu-
tive year after the year in which the group is cer-
tified 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 fish, the Secretary shall treat each class
as a separate commodity in determining group eligi-
118
bility, the national average price, and level of im-
ports under this section and section 299E.
‘‘SEC. 299B. DETERMINATIONS BY SECRETARY.
‘‘(a) IN GENERAL.—As soon as practicable after the
date on which a petition is filed under section 299A, but
in any event not later than 60 days after that date, the
Secretary shall determine whether the petitioning group
meets the requirements of section 299A (c) or (d), as the
case may be, and shall, if the group meets the require-
ments, issue a certification of eligibility to apply for assist-
ance under this chapter covering producers in any group
that meets the requirements. Each certification shall
specify the date on which eligibility under this chapter be-
gins.
‘‘(b) NOTICE.—Upon making a determination on a
petition, the Secretary shall promptly publish a summary
of the determination in the Federal Register, together with
the Secretary’s reasons for making the determination.
‘‘(c) TERMINATION OF CERTIFICATION.—Whenever
the Secretary determines, with respect to any certification
of eligibility under this chapter, that the decline in price
for the fish covered by the certification is no longer attrib-
utable to the conditions described in section 299A, the
Secretary shall terminate such certification and promptly
cause notice of such termination to be published in the
119
Federal Register, together with the Secretary’s reasons for
making such determination.
‘‘SEC. 299C. STUDY BY SECRETARY WHEN INTERNATIONAL
TRADE COMMISSION BEGINS INVESTIGATION.
‘‘(a) IN
GENERAL.—Whenever the International
Trade Commission (in this chapter referred to as the
‘Commission’) begins an investigation under section 202
with respect to a fish, the Commission shall immediately
notify the Secretary of the investigation. Upon receipt of
the notification, the Secretary shall immediately conduct
a study of—
‘‘(1) the number of producers producing a like
or directly competitive agricultural commodity who
have been or are likely to be certified as eligible for
adjustment assistance under this chapter, and
‘‘(2) the extent to which the adjustment of such
producers to the import competition may be 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 the report public (with
the exception of information which the Secretary deter-
120
mines to be confidential) and shall have a summary of it
published in the Federal Register.
‘‘SEC. 299D. BENEFIT INFORMATION TO PRODUCERS.
‘‘(a) IN GENERAL.—The Secretary shall provide full
information to producers about the benefit allowances,
training, and other employment services available under
this title and about the petition and application 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.
‘‘(b) NOTICE OF BENEFITS.—
‘‘(1) IN GENERAL.—The Secretary shall mail
written notice of the benefits available under this
chapter to each producer that the Secretary has rea-
son 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 producers that are covered by each certifi-
cation made under this chapter in newspapers of
general circulation in the areas in which such pro-
ducers reside.
121
‘‘SEC. 299E. QUALIFYING REQUIREMENTS FOR PRODUCERS.
‘‘(a) IN GENERAL.—Payment of a trade adjustment
allowance shall be made to an adversely affected producer
covered by a certification under this chapter who files an
application for such allowance within 90 days after the
date on which the Secretary makes a determination and
issues a certification of eligibility under section 299B, if
the following conditions are met:
‘‘(1) The producer submits to the Secretary suf-
ficient information to establish the amount of fish
covered by the application filed under subsection (a)
that was produced by the producer in the most re-
cent year.
‘‘(2) The producer certifies that the producer
has not received cash benefits under any provision of
this title other than this chapter.
‘‘(3) The producer’s net fishing or processing
income (as determined by the Secretary) for the
most recent year is less than the producer’s net fish-
ing or processing income for the latest year in which
no adjustment assistance was received by the pro-
ducer under this chapter.
‘‘(4) The producer certifies that—
‘‘(A) the producer has met with an em-
ployee or agent from a Trade Adjustment As-
sistance Center to obtain, at no cost to the pro-
123
‘‘(i) an amount equal to 80 percent of
the average of the national average price of
the fish covered by the application de-
scribed in subsection (a) for the 5 mar-
keting years preceding the most recent
marketing year; and
‘‘(ii) the national average price of the
fish for the most recent marketing year;
and
‘‘(B) the amount of the fish produced by
the producer in the most recent marketing year.
‘‘(2) SPECIAL RULE FOR SUBSEQUENT 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 fish
shall be determined under paragraph (1)(A)(i) by
using the 5-marketing-year period used to determine
the amount of cash benefits for the first certifi-
cation. A producer shall only be eligible for benefits
for subsequent qualified years if the Secretary or his
designee determines that sufficient progress has
been made implementing the plans developed under
section 299E(a)(4) of this title.
124
‘‘(c) MAXIMUM AMOUNT OF CASH ASSISTANCE.—
The maximum amount of cash benefits a producer may
receive in any 12-month period shall not exceed $10,000.
‘‘(d) LIMITATIONS ON OTHER ASSISTANCE.—A pro-
ducer entitled to receive a cash benefit under this
chapter—
‘‘(1) shall not be eligible for any other cash
benefit under this title, and
‘‘(2) shall be entitled to employment services
and training benefits under part III of subchapter C
of chapter 2.
‘‘SEC. 299F. FRAUD AND RECOVERY OF OVERPAYMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) REPAYMENT.—If the Secretary, or a court
of competent jurisdiction, determines that any 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.
125
‘‘(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 STATEMENT.—A person shall, in addi-
tion to any other penalty provided by law, be ineligible
for any further payments under this chapter—
‘‘(1) if the Secretary, or a court of competent
jurisdiction, determines that the person—
‘‘(A) knowingly has made, or caused an-
other to make, a false statement or representa-
tion of a material fact; or
‘‘(B) knowingly has failed, or caused an-
other to fail, to disclose a material fact; and
‘‘(2) as a result of such false statement or rep-
resentation, or of such nondisclosure, such person
has received any payment under this chapter to
which the person was not entitled.
‘‘(c) NOTICE
AND DETERMINATION.—Except for
overpayments determined by a court of competent 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
126
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
be fined not more than $10,000 or imprisoned for not
more than 1 year, or both.
‘‘SEC. 299G. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated and there are appropriated to the Department
of Commerce not to exceed $10,000,000 for each of the
fiscal years 2002 through 2006 to carry out the purposes
of this chapter.
‘‘(b) PROPORTIONATE REDUCTION.—If in any year,
the amount appropriated under this chapter is insufficient
to meet the requirements for adjustment assistance pay-
able under this chapter, the amount of assistance payable
under this chapter shall be reduced proportionately.’’.
127
(b) EFFECTIVE DATE.—The amendments made by
this title shall take effect on the date that is 180 days
after the date of enactment of this Act.
TITLE VI—HEALTH INSURANCE
COVERAGE OPTIONS FOR IN-
DIVIDUALS 
ELIGIBLE 
FOR
TRADE ADJUSTMENT ASSIST-
ANCE
SEC. 601. PREMIUM ASSISTANCE FOR COBRA CONTINU-
ATION COVERAGE FOR INDIVIDUALS AND
THEIR FAMILIES.
(a) ESTABLISHMENT.—Not later than 90 days after
the date of enactment of this Act, the Secretary of the
Treasury, in consultation with the Secretary of Labor,
shall establish a program under which 75 percent of the
premium for COBRA continuation coverage shall be pro-
vided for an eligible individual (as defined in section
604(3)) who is also eligible for COBRA continuation cov-
erage.
(b) LIMITATION OF PERIOD OF PREMIUM ASSIST-
ANCE.—Premium assistance provided in accordance with
this section shall end with respect to an eligible individual
on the earlier of—
(1) the date the eligible individual is no longer
covered under COBRA continuation coverage; or
128
(2) 12 months after the date the eligible indi-
vidual is first enrolled in the premium assistance
program established under this section.
(c) PAYMENT ARRANGEMENTS; CREDITING OF AS-
SISTANCE.—
(1) PROVISION OF ASSISTANCE.—Premium as-
sistance shall be provided under the program estab-
lished under this section through direct payment ar-
rangements with a group health plan (including a
multiemployer plan), an issuer of health insurance
coverage, an administrator, or an employer as appro-
priate with respect to the eligible individual provided
such assistance.
(2) PREMIUMS
PAYABLE
BY
INDIVIDUAL
RE-
DUCED BY AMOUNT OF ASSISTANCE.—Premium as-
sistance provided under this section shall be credited
by the group health plan, issuer of health insurance
coverage, or an administrator against the premium
otherwise owed by the individual involved for
COBRA continuation coverage.
(d) PROGRAM REQUIREMENTS.—Premium assistance
shall be provided under the program established under this
section to any eligible individual. An eligible individual
may apply for such assistance at any time during the pe-
riod in which the individual is entitled to apply for trade
129
adjustment allowances under section 235 of title II of the
Trade Act of 1974.
(e) DISREGARD OF SUBSIDIES FOR PURPOSES OF
FEDERAL AND STATE PROGRAMS.—Notwithstanding any
other provision of law, any premium assistance provided
to, or on behalf of, an eligible individual under this section,
shall not be considered income or resources in determining
eligibility for, or the amount of assistance or benefits pro-
vided under, any other Federal public benefit or State or
local public benefit.
(f) CHANGE IN COBRA NOTICE.—
(1) GENERAL NOTICE.—
(A) IN GENERAL.—In the case of notices
provided under section 4980B(f)(6) of the In-
ternal Revenue Code of 1986, section 2206 of
the Public Health Service Act (42 U.S.C.
300bb–6), section 606 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C.
1166), or section 8905a(f)(2)(A) of title 5,
United States Code, with respect to eligible in-
dividuals who become entitled to elect COBRA
continuation coverage under subsection (a),
such notices shall include an additional notifica-
tion to the recipient of the availability of pre-
mium assistance for such coverage under this
130
section and for temporary medicaid assistance
under section 603 for the remaining portion of
COBRA continuation premiums.
(B) ALTERNATIVE NOTICE.—In the case of
COBRA continuation coverage to which the no-
tice provision under such sections does not
apply, the Secretary of the Treasury, in con-
sultation with the Secretary of Labor, shall, in
coordination with administrators of the group
health plans (or other entities) that provide or
administer the COBRA continuation coverage
involved, assure the provision of such notice.
(C) FORM.—The requirement of the addi-
tional notification under this paragraph may be
met by amendment of existing notice forms or
by inclusion of a separate document with the
notice otherwise required.
(2) SPECIFIC REQUIREMENTS.—Each additional
notification under paragraph (1) shall include—
(A) the forms necessary for establishing
eligibility and enrollment in the premium assist-
ance program established under this section in
connection with the coverage with respect to
each eligible individual;
131
(B) the name, address, and telephone num-
ber necessary to contact the administrator and
any other person maintaining relevant informa-
tion in connection with the premium assistance;
and
(C) the following statement displayed in a
prominent manner:
‘‘You may be eligible to receive assistance with pay-
ment of 75 percent of your COBRA continuation coverage
premiums and with temporary medicaid coverage for the
remaining premium portion for a duration of not to exceed
12 months.’’.
(3) MODEL NOTICES.—Not later than 90 days
after the date of enactment of this Act, the Sec-
retary of the Treasury shall prescribe models for the
additional notification required under this sub-
section.
(g) REPORTS.—On the date that is 6 months after
the date of enactment of this Act, and annually thereafter,
the Secretary of the Treasury shall submit a report to
Congress regarding the premium assistance program es-
tablished under this section that includes the following:
(1) The status of the implementation of the
program.
132
(2) The number of eligible individuals provided
assistance under the program as of the date of the
report.
(3) The average dollar amount (monthly and
annually) of the premium assistance provided under
the program.
(4) The total amount of expenditures incurred
(with administrative expenditures noted separately)
under the program as of the date of the report.
(h) APPROPRIATION.—
(1) IN
GENERAL.—There is appropriated to
carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006.
(2) OBLIGATION OF FUNDS.—This section con-
stitutes budget authority in advance of appropria-
tions Acts and represents the obligation of the Fed-
eral Government to provide for the payment of pre-
mium assistance under this section.
SEC. 602. STATE OPTION TO PROVIDE TEMPORARY MED-
ICAID COVERAGE FOR CERTAIN UNINSURED
INDIVIDUALS.
(a) STATE OPTION.—Notwithstanding any other pro-
vision of law, a State may elect to provide under its med-
icaid program under title XIX of the Social Security Act
medical assistance in the case of an individual who is—
133
(1) an eligible individual as defined in section
604(3);
(2) not eligible for COBRA continuation cov-
erage;
(3) otherwise uninsured; and
(4) whose assets, resources, and earned or un-
earned income (or both) do not exceed such limita-
tions (if any) as the State may establish.
(b) LIMITATION OF PERIOD OF COVERAGE.—Medical
assistance provided in accordance with this section shall
end with respect to an individual on the earlier of—
(1) the date the individual is no longer unin-
sured; or
(2) subject to subsection (c)(4), 12 months
after the date the individual first receives such as-
sistance.
(c) SPECIAL RULES.—In the case of medical assist-
ance provided under this section—
(1) the Federal medical assistance percentage
under section 1905(b) of the Social Security Act (42
U.S.C. 1396d(b)) shall be the enhanced FMAP (as
defined in section 2105(b) of such Act (42 U.S.C.
1397ee(b)));
134
(2) a State may elect to apply any income,
asset, or resource limitation permitted under the
State medicaid plan or under title XIX of such Act;
(3) the provisions of section 1916(g) of the So-
cial Security Act (42 U.S.C. 1396o) shall apply to
the provision of such assistance in the same manner
as the provisions of such section apply with respect
to individuals provided medical assistance only under
subclause 
(XV) 
or 
(XVI) 
of 
section
1902(a)(10)(A)(ii) 
of 
such 
Act 
(42 
U.S.C.
1396a(a)(10)(A)(ii));
(4) a State may elect to provide such assistance
in accordance with section 1902(a)(34) of the Social
Security Act (42 U.S.C. 1396a(a)(34)) and any as-
sistance provided with respect to a month described
in that section shall not be included in the deter-
mination of the 12-month period under subsection
(b)(2);
(5) a State may elect to make eligible for such
medical assistance a dependent spouse or children of
an individual eligible for medical assistance under
subsection (a), if such spouse or children are unin-
sured;
(6) individuals eligible for medical assistance
under this section shall be deemed to be described
135
in the list of individuals described in the matter pre-
ceding paragraph (1) of section 1905(a) of such Act
(42 U.S.C. 1396d(a));
(7) a State may elect to provide such medical
assistance without regard to any limitation under
sections 401(a), 402(b), 403, and 421 of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1611(a), 1612(b),
1613, and 1631) and no debt shall accrue under an
affidavit of support against any sponsor of an indi-
vidual who is an alien who is provided such assist-
ance, and the cost of such assistance shall not be
considered as an unreimbursed cost; and
(8) the Secretary of Health and Human Serv-
ices shall not count, for purposes of section 1108(f)
of the Social Security Act (42 U.S.C. 1308(f)), such
amount of payments under this section as bears a
reasonable relationship to the average national pro-
portion of payments made under this section for the
50 States and the District of Columbia to the pay-
ments otherwise made under title XIX for such
States and District.
136
SEC. 603. STATE OPTION TO PROVIDE TEMPORARY COV-
ERAGE UNDER MEDICAID FOR THE UNSUB-
SIDIZED PORTION OF COBRA CONTINUATION
PREMIUMS.
(a) STATE OPTION.—Notwithstanding any other pro-
vision of law, a State may elect to provide under its med-
icaid program under title XIX of the Social Security Act
medical assistance in the form of payment for the portion
of the premium for COBRA continuation coverage for
which an eligible individual (as defined in section 604(3))
does not receive a subsidy under the premium assistance
program established under section 601 in the case of an
eligible individual—
(1) who is also eligible for, and has elected cov-
erage under, COBRA continuation coverage;
(2) who is receiving premium assistance under
the program established under section 601; and
(3) whose family income does not exceed 200
percent of the poverty line.
(b) LIMITATION OF PERIOD OF COVERAGE.—Medical
assistance provided in accordance with this section shall
end with respect to an individual on the earlier of—
(1) the date the eligible individual is no longer
covered under COBRA continuation coverage; or
137
(2) 12 months after the date the eligible indi-
vidual first receives such assistance under this sec-
tion.
(c) SPECIAL RULES.—In the case of medical assist-
ance provided under this section—
(1) such assistance may be provided without re-
gard to—
(A) whether the State otherwise has elect-
ed to make medical assistance available for
COBRA 
premiums 
under 
section
1902(a)(10)(F) of the Social Security Act (42
U.S.C. 1396a(a)(10)(F)); or
(B) the conditions otherwise imposed for
the provision of medical assistance for such
COBRA premiums under clause (XII) of the
matter following section 1902(a)(10)(G) of the
Social 
Security 
Act 
(42 
U.S.C.
1396a(a)(10)(G)), 
or 
paragraphs 
(1)(B),
(1)(C), (1)(D), and (4) of section 1902(u) of
such Act (42 U.S.C. 1396a(u)); and
(2) paragraphs (1), (2), (4), (5), (7), and (8)
of subsection (c) of section 602 apply to such assist-
ance in the same manner as such paragraphs apply
to the provision of medical assistance under that sec-
tion.
138
SEC. 604. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘adminis-
trator’’ has the meaning given that term in section
3(16)(A) of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1002(16)(A)).
(2) COBRA CONTINUATION COVERAGE.—
(A) IN
GENERAL.—The term ‘‘COBRA
continuation coverage’’ means coverage under a
group health plan provided by an employer pur-
suant to title XXII of the Public Health Service
Act, section 4980B of the Internal Revenue
Code of 1986, part 6 of subtitle B of title I of
the Employee Retirement Income Security Act
of 1974, or section 8905a of title 5, United
States Code.
(B) APPLICATION IN STATES REQUIRING
COVERAGE.—Such term includes continuation
coverage provided in a State that has enacted
a law that requires such continuation coverage
even though the continuation coverage would
not otherwise be required under the provisions
of law referred to in subparagraph (A).
(3) ELIGIBLE
INDIVIDUAL.—For purposes of
this section, the term ‘‘eligible individual’’ means
any individual who is a member of a group of work-
139
ers certified as eligible to apply for adjustment as-
sistance under chapter 2 of title II of the Trade Act
of 1974 (19 U.S.C. 221, et seq.).
(4) FEDERAL
PUBLIC
BENEFIT.—The term
‘‘Federal public benefit’’ has the meaning given that
term in section 401(c) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1611(c)).
(5) GROUP HEALTH PLAN.—The term ‘‘group
health plan’’ has the meaning given that term in sec-
tion 2791(a) of the Public Health Service Act (42
U.S.C. 300gg–91(a)), section 607(1) of the Em-
ployee Retirement Income Security Act of 1974 (29
U.S.C. 1167(1)), and section 4980B(g)(2) of the In-
ternal Revenue Code of 1986.
(6) HEALTH INSURANCE COVERAGE.—The term
‘‘health insurance coverage’’ has the meaning given
that term in section 2791(b)(1) of the Public Health
Service Act (42 U.S.C. 300gg–91(b)(1)).
(7) MULTIEMPLOYER PLAN.—The term ‘‘multi-
employer plan’’ has the meaning given that term in
section 3(37) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(37)).
(8) POVERTY LINE.—The term ‘‘poverty line’’
has the meaning given that term in section
140
2110(c)(5) of the Social Security Act (42 U.S.C.
1397jj(c)(5)).
(9) STATE.—The term ‘‘State’’ has the mean-
ing given such term for purposes of title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.).
(10) STATE OR LOCAL PUBLIC BENEFIT.—The
term ‘‘State or local public benefit’’ has the meaning
given that term in section 411(c) of the Personal
Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1621(c)).
(11) UNINSURED.—
(A) IN GENERAL.—The term ‘‘uninsured’’
means, with respect to an individual, that the
individual is not covered under—
(i) a group health plan;
(ii) health insurance coverage; or
(iii) a program under title XVIII,
XIX, or XXI of the Social Security Act
(other than under such title XIX pursuant
to section 602).
(B) EXCLUSION.—Such coverage under
clause (i) or (ii) shall not include coverage con-
sisting solely of coverage of excepted benefits
(as defined in section 2791(c) of the Public
Health Service Act (42 U.S.C. 300gg–91(c)).
141
TITLE 
VII—CONFORMING
AMENDMENTS 
AND 
EFFEC-
TIVE DATE
SEC. 701. CONFORMING AMENDMENTS.
(a) AMENDMENTS TO THE TRADE ACT OF 1974.—
(1) ASSISTANCE TO INDUSTRIES.—Section 265
of the Trade Act of 1974 (19 U.S.C. 2355) is
amended by striking ‘‘certified as eligible to apply
for adjustment assistance under sections 231 or
251’’, and inserting ‘‘certified as eligible for trade
adjustment assistance benefits under section 231, or
as eligible to apply for adjustment assistance under
section 251’’.
(2) GENERAL ACCOUNTING OFFICE REPORT.—
Section 280(a) of the Trade Act of 1974 is amended
by striking ‘‘January 31, 1980’’ and inserting ‘‘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-
142
tion 251, an agricultural commodity producer (as
defined in section 291(2)) aggrieved by a determina-
tion of the Secretary of Agriculture under section
293, a producer (as defined in section 299(2)) ag-
grieved by a determination of the Secretary of Com-
merce under section 299B, or a community or any
other interested domestic party aggrieved by a final
determination of the Director of the Office of Com-
munity Trade Adjustment under section 273’’.
(4) TERMINATION.—Section 285 of the Trade
Act of 1974 is amended to read as follows:
‘‘SEC. 285. TERMINATION.
‘‘(a) ASSISTANCE FOR WORKERS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), trade adjustment assistance, vouchers, al-
lowances, and other payments or benefits may not be
provided under chapter 2 after September 30, 2006.
‘‘(2) EXCEPTION.—Notwithstanding paragraph
(1), a worker shall continue to receive trade adjust-
ment 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
143
‘‘(B) otherwise eligible to receive trade ad-
justment 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.
‘‘(3) ASSISTANCE FOR FARMERS AND FISHER-
MEN.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph 
(B), 
adjustment 
assistance,
vouchers, allowances, and other payments or
benefits may not be provided under chapter 6
or 7 after September 30, 2006.
‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), an agricultural commodity pro-
ducer (as defined in section 291(2)) or producer
(as defined in section 299(2)), shall continue to
receive adjustment assistance benefits and other
benefits under chapter 6 or 7, whichever ap-
plies, for any week for which the agricultural
commodity producer or producer meets the eli-
gibility requirements of chapter 6 or 7, which-
144
ever applies, if on or before September 30,
2006, the agricultural commodity producer or
producer is—
‘‘(i) certified as eligible for adjustment
assistance benefits under chapter 6 or 7,
whichever applies; and
‘‘(ii) is otherwise eligible to receive ad-
justment assistance benefits under such
chapter 6 or 7.’’.
(5) TABLE OF CONTENTS.—
(A) IN GENERAL.—The table of contents
for chapters 2, 3, and 4 of title II of the Trade
Act of 1974 is amended to read as follows:
‘‘CHAPTER 2—ADJUSTMENT ASSISTANCE FOR WORKERS
‘‘SUBCHAPTER A—GENERAL PROVISIONS
‘‘Sec. 221. Definitions.
‘‘Sec. 222. Agreements with States.
‘‘Sec. 223. Administration absent State agreement.
‘‘Sec. 224. Data collection; evaluations; reports.
‘‘Sec. 225. Study by Secretary of Labor when International 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
145
‘‘Sec. 239. Employment services.
‘‘Sec. 240. Training.
‘‘Sec. 241. Job search allowances.
‘‘Sec. 242. Relocation allowances.
‘‘Sec. 243. Supportive services; wage insurance.
‘‘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.
‘‘Sec. 265. Assistance to industries.
‘‘CHAPTER 4—COMMUNITY ECONOMIC ADJUSTMENT
‘‘Sec. 271. Definitions.
‘‘Sec. 272. Office of Community Trade Adjustment.
‘‘Sec. 273. Notification and certification as an eligible community.
‘‘Sec. 274. Community Economic Development Coordinating Committee.
‘‘Sec. 275. Community economic adjustment advisors.
‘‘Sec. 276. Strategic plans.
‘‘Sec. 277. Grants for economic development.
‘‘Sec. 278. Authorization of appropriations.
‘‘Sec. 279. General provisions.’’.
(B) CHAPTERS
AND
7.—The table of
contents for title II of the Trade Act of 1974,
as amended by subparagraph (A), is amended
146
by inserting after the items relating to chapter
5 the following:
‘‘CHAPTER 6—ADJUSTMENT ASSISTANCE FOR FARMERS
‘‘Sec. 291. Definitions.
‘‘Sec. 292. Petitions; group eligibility.
‘‘Sec. 293. Determinations by Secretary of Agriculture.
‘‘Sec. 294. Study by Secretary of Agriculture when International Trade Com-
mission begins investigation.
‘‘Sec. 295. Benefit information to agricultural commodity producers.
‘‘Sec. 296. Qualifying requirements for agricultural commodity producers.
‘‘Sec. 297. Fraud and recovery of overpayments.
‘‘Sec. 298. Authorization of appropriations.
‘‘CHAPTER 7—ADJUSTMENT ASSISTANCE FOR FISHERMEN
‘‘Sec. 299. Definitions.
‘‘Sec. 299A. Petitions; group eligibility.
‘‘Sec. 299B. Determinations by Secretary.
‘‘Sec. 299C. Study by Secretary when International Trade Commission begins
investigation.
‘‘Sec. 299D. Benefit information to producers.
‘‘Sec. 299E. Qualifying requirements for producers.
‘‘Sec. 299F. Fraud and recovery of overpayments.
‘‘Sec. 299G. Authorization of appropriations.’’.
(b) INTERNAL REVENUE CODE.—
(1) 
ADJUSTED
GROSS
INCOME.—Section
62(a)(12) of the Internal Revenue Code of 1986 (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.—
(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:
147
‘‘(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 the date that is 90 days after the
date of enactment of this Act.
(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
the amendments made by subpara-
graph (A), the amendments made by
subparagraph (A) shall apply in the
148
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 the date described in clause (i).
(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.—
(1) CIVIL
ACTIONS
AGAINST
THE
UNITED
STATES.—Section 1581(d) of title 28, United States
Code, is amended—
149
(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
Trade Adjustment under section 273’’.
(3) TIME FOR COMMENCEMENT OF ACTION.—
Section 2636(d) of title 28, United States Code, is
amended by striking ‘‘under section 223 of the
150
Trade Act of 1974 or a final determination of the
Secretary of Commerce under section 251 or section
271 of such Act’’ and inserting ‘‘under section 231
of the Trade Act of 1974, a final determination of
the Secretary of Commerce under section 251 of
that Act, or a final determination of the Director of
the Office of Community Trade Adjustment under
section 273 of that Act’’.
(4) SCOPE AND STANDARD OF REVIEW.—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 Trade Adjustment under
section 273 of that Act’’.
(5) RELIEF.—Section 2643(c)(2) of title 28,
United States Code, is amended by striking ‘‘under
section 223 of the Trade Act of 1974 or any final
determination of the Secretary of Commerce under
section 251 or section 271 of such Act’’ and insert-
ing ‘‘under section 231 of the Trade Act of 1974,
151
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
Trade Adjustment under section 273 of that Act’’.
(d) AMENDMENT
TO
THE FOOD STAMP ACT
OF
1977.—Section 6(o)(1)(B) of the Food Stamp Act of 1977
(7 U.S.C. 2015(o)(1)(B)) is amended by striking ‘‘section
236’’ and inserting ‘‘section 240’’.
TITLE 
VIII—SAVINGS 
PROVI-
SIONS AND EFFECTIVE DATE
SEC. 801. SAVINGS PROVISIONS.
(a) PROCEEDINGS NOT AFFECTED.—
(1) IN GENERAL.—The provisions of this Act
shall not affect any petition for certification for 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
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-
152
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. 802. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in
sections 401(b), 501(b), and 701(b)(2)(B), and subsection
(b) of this section, the amendments made by this Act shall
apply to—
(1) petitions for certification filed under chapter
2 or 3 of title II of the Trade Act of 1974 on or
153
after the date that is 90 days after the date of en-
actment of this Act;
(2) petitions for certification filed under chapter
2 or 3 of title II of the Trade Act of 1974 before
the date that is 90 days after the date of enactment
of this Act, that are pending on such date; and
(3) certifications for assistance under chapter 4
of title II of the Trade Act of 1974 issued on or
after the date that is 90 days after the date of en-
actment of this Act.
(b) WORKERS CERTIFIED AS ELIGIBLE BEFORE EF-
FECTIVE DATE.—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 the
day before the effective date of this Act, for any week for
which the worker meets the eligibility requirements of such
chapter 2 as in effect on such date, if on or before such
date, the worker—
(1) was certified as eligible for trade adjust-
ment assistance benefits under such chapter as in
effect on such date; and
154
(2) would otherwise be eligible to receive trade
adjustment assistance benefits under such chapter
as in effect on such date.
Æ