[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3009 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                          May 23, 2002.
    Resolved, That the bill from the House of Representatives (H.R. 
3009) entitled ``An Act to extend the Andean Trade Preference Act, to 
grant additional trade benefits under that Act, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade Act of 2002''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into 4 divisions as follows:
            (1) Division a.--Trade Adjustment Assistance.
            (2) Division b.--Bipartisan Trade Promotion Authority.
            (3) Division c.--Andean Trade Preference Act.
            (4) Division d.--Extension of Certain Preferential Trade 
        Treatment and Other Provisions.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.

                DIVISION A--TRADE ADJUSTMENT ASSISTANCE

Sec. 101. Short title.

            TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Sec. 111. Adjustment assistance for workers.
Sec. 112. Displaced worker self-employment training pilot program.

            TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

Sec. 201. Reauthorization of program.

         TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

Sec. 301. Purpose.
Sec. 302. Trade adjustment assistance for communities.

           TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

Sec. 401. Trade adjustment assistance for farmers.

           TITLE V--TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN

Sec. 501. Trade adjustment assistance for fishermen.

 TITLE VI--HEALTH CARE COVERAGE OPTIONS FOR WORKERS ELIGIBLE FOR TRADE 
                         ADJUSTMENT ASSISTANCE

Sec. 601. Trade adjustment assistance health insurance credit.
Sec. 602. Advance payment of trade adjustment assistance health 
                            insurance credit.
Sec. 603. Health insurance coverage for eligible individuals.

          TITLE VII--CONFORMING AMENDMENTS AND EFFECTIVE DATE

Sec. 701. Conforming amendments.

           TITLE VIII--SAVINGS PROVISIONS AND EFFECTIVE DATE

Sec. 801. Savings provisions.
Sec. 802. Effective date.

                      TITLE IX--REVENUE PROVISIONS

Sec. 901. Custom user fees.

                   TITLE X--MISCELLANEOUS PROVISIONS

Sec. 1001. Country of origin labeling of fish and shellfish products.
Sec. 1002. Sugar policy.

                   TITLE XI--CUSTOMS REAUTHORIZATION

Sec. 1101. Short title.

               Subtitle A--United States Customs Service

  Chapter 1--Drug Enforcement and Other Noncommercial and Commercial 
                               Operations

Sec. 1111. Authorization of appropriations for noncommercial 
                            operations, commercial operations, and air 
                            and marine interdiction.
Sec. 1112. Antiterrorist and illicit narcotics detection equipment for 
                            the United States-Mexico border, United 
                            States-Canada border, and Florida and the 
                            Gulf Coast seaports.
Sec. 1113. Compliance with performance plan requirements.

     Chapter 2--Child Cyber-Smuggling Center of the Customs Service

Sec. 1121. Authorization of appropriations for program to prevent child 
                            pornography/child sexual exploitation.

                  Chapter 3--Miscellaneous Provisions

Sec. 1131. Additional Customs Service officers for United States-Canada 
                            border.
Sec. 1132. Study and report relating to personnel practices of the 
                            Customs Service.
Sec. 1133. Study and report relating to accounting and auditing 
                            procedures of the Customs Service.
Sec. 1134. Establishment and implementation of cost accounting system; 
                            reports.
Sec. 1135. Study and report relating to timeliness of prospective 
                            rulings.
Sec. 1136. Study and report relating to customs user fees.
Sec. 1137. Authorization of appropriations for Customs staffing.

                  Chapter 4--Antiterrorism Provisions

Sec. 1141. Emergency adjustments to offices, ports of entry, or 
                            staffing of the Customs Service.
Sec. 1142. Mandatory advanced electronic information for cargo and 
                            passengers.
Sec. 1143. Border search authority for certain contraband in outbound 
                            mail.
Sec. 1144. Authorization of appropriations for reestablishment of 
                            Customs operations in New York City.

              Chapter 5--Textile Transshipment Provisions

Sec. 1151. GAO audit of textile transshipment monitoring by Customs 
                            Service.
Sec. 1152. Authorization of appropriations for textile transshipment 
                            enforcement operations.
Sec. 1153. Implementation of the African Growth and Opportunity Act.

      Subtitle B--Office of the United States Trade Representative

Sec. 1161. Authorization of appropriations.

        Subtitle C--United States International Trade Commission

Sec. 1171. Authorization of appropriations.

                   Subtitle D--Other Trade Provisions

Sec. 1181. Increase in aggregate value of articles exempt from duty 
                            acquired abroad by United States residents.
Sec. 1182. Regulatory audit procedures.

                      Subtitle E--Sense of Senate

Sec. 1191. Sense of Senate.

            DIVISION B--BIPARTISAN TRADE PROMOTION AUTHORITY

                  TITLE XXI--TRADE PROMOTION AUTHORITY

Sec. 2101. Short title; findings.
Sec. 2102. Trade negotiating objectives.
Sec. 2103. Trade agreements authority.
Sec. 2104. Consultations and assessment.
Sec. 2105. Implementation of trade agreements.
Sec. 2106. Treatment of certain trade agreements for which negotiations 
                            have already begun.
Sec. 2107. Congressional Oversight Group.
Sec. 2108. Additional implementation and enforcement requirements.
Sec. 2109. Committee staff.
Sec. 2110. Conforming amendments.
Sec. 2111. Report on impact of trade promotion authority.
Sec. 2112. Identification of small business advocate at WTO.
Sec. 2113. Definitions.

                DIVISION C--ANDEAN TRADE PREFERENCE ACT

                  TITLE XXXI--ANDEAN TRADE PREFERENCE

Sec. 3101. Short title; findings.
Sec. 3102. Temporary provisions.
Sec. 3103. Termination.

               TITLE XXXII--MISCELLANEOUS TRADE BENEFITS

Sec. 3201. Wool provisions.
Sec. 3202. Duty suspension on wool.
Sec. 3203. Ceiling fans.
Sec. 3204. Certain steam or other vapor generating boilers used in 
                            nuclear facilities.

DIVISION D--EXTENSION OF CERTAIN PREFERENTIAL TRADE TREATMENT AND OTHER 
                               PROVISIONS

       TITLE XLI--EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES

Sec. 4101. Generalized system of preferences.
Sec. 4102. Amendments to generalized system of preferences.

                      TITLE XLII--OTHER PROVISIONS

Sec. 4201. Transparency in NAFTA tribunals.
Sec. 4202. Expression of solidarity with Israel in its fight against 
                            terrorism.
Sec. 4203. Limitation on use of certain revenue.
Sec. 4204. Sense of the Senate regarding the United States-Russian 
                            Federation summit meeting, May 2002.
Sec. 4205. No appropriations.

                DIVISION A--TRADE ADJUSTMENT ASSISTANCE

SEC. 101. SHORT TITLE.

    This division may be cited as the ``Trade Adjustment Assistance 
Reform Act of 2002''.

            TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

SEC. 111. ADJUSTMENT ASSISTANCE FOR WORKERS.

    Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et 
seq.) is amended to read as follows:

             ``CHAPTER 2--ADJUSTMENT ASSISTANCE FOR WORKERS

                   ``Subchapter A--General Provisions

``SEC. 221. DEFINITIONS.

    ``In this chapter:
            ``(1) Additional compensation.--The term `additional 
        compensation' has the meaning given that term in section 205(3) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).
            ``(2) Adversely affected employment.--The term `adversely 
        affected employment' means employment in a firm or appropriate 
        subdivision of a firm, if workers of that firm or subdivision 
        are eligible to apply for adjustment assistance under this 
        chapter.
            ``(3) Adversely affected worker.--
                    ``(A) In general.--The term `adversely affected 
                worker' means a worker who is a member of a group of 
                workers certified by the Secretary under section 
                231(a)(1) as eligible for trade adjustment assistance.
                    ``(B) Adversely affected secondary worker.--The 
                term `adversely affected worker' includes an adversely 
                affected secondary worker who is a member of a group of 
                workers employed at a downstream producer or a 
                supplier, that is certified by the Secretary under 
                section 231(a)(2) as eligible for trade adjustment 
                assistance.
            ``(4) Average weekly hours.--The term `average weekly 
        hours' means the average hours worked by a worker (excluding 
        overtime) in the employment from which the worker has been or 
        claims to have been separated in the 52 weeks (excluding weeks 
        during which the worker was on leave for purposes of vacation, 
        sickness, maternity, military service, or any other employer-
        authorized leave) preceding the week specified in paragraph 
        (5)(B)(ii).
            ``(5) Average weekly wage.--
                    ``(A) In general.--The term `average weekly wage' 
                means \1/13\ of the total wages paid to an individual 
                in the high quarter.
                    ``(B) Definitions.--For purposes of computing the 
                average weekly wage--
                            ``(i) the term `high quarter' means the 
                        quarter in which the individual's total wages 
                        were highest among the first 4 of the last 5 
                        completed calendar quarters immediately 
                        preceding the quarter in which occurs the week 
                        with respect to which the computation is made; 
                        and
                            ``(ii) the term `week' means the week in 
                        which total separation occurred, or, in cases 
                        where partial separation is claimed, an 
                        appropriate week, as defined in regulations 
                        prescribed by the Secretary.
            ``(6) Benefit period.--The term `benefit period' means, 
        with respect to an individual, the following:
                    ``(A) State law.--The benefit year and any ensuing 
                period, as determined under applicable State law, 
                during which the individual is eligible for regular 
                compensation, additional compensation, or extended 
                compensation.
                    ``(B) Federal law.--The equivalent to the benefit 
                year or ensuing period provided for under the 
                applicable Federal unemployment insurance law.
            ``(7) Benefit year.--The term `benefit year' has the same 
        meaning given that term in the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
            ``(8) Contributed importantly.--The term `contributed 
        importantly' means a cause that is important but not 
        necessarily more important than any other cause.
            ``(9) Cooperating state.--The term `cooperating State' 
        means any State that has entered into an agreement with the 
        Secretary under section 222.
            ``(10) Customized training.--The term `customized training' 
        means training that is designed to meet the special 
        requirements of an employer (including a group of employers) 
        and that is conducted with a commitment by the employer to 
        employ an individual on successful completion of the training.
            ``(11) Downstream producer.--The term `downstream producer' 
        means a firm that performs additional, value-added production 
        processes for a firm or subdivision, including a firm that 
        performs final assembly or finishing, directly for another firm 
        (or subdivision), for articles that were the basis for a 
        certification of eligibility under section 231(a)(1) of a group 
        of workers employed by such other firm, if the certification of 
        eligibility under section 231(a)(1) is based on an increase in 
        imports from, or a shift in production to, Canada or Mexico.
            ``(12) Extended compensation.--The term `extended 
        compensation' has the meaning given that term in section 205(4) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).
            ``(13) Job finding club.--The term `job finding club' means 
        a job search workshop which includes a period of structured, 
        supervised activity in which participants attempt to obtain 
        jobs.
            ``(14) Job search program.--The term `job search program' 
        means a job search workshop or job finding club.
            ``(15) Job search workshop.--The term `job search workshop' 
        means a short (1- to 3-day) seminar, covering subjects such as 
        labor market information, resume writing, interviewing 
        techniques, and techniques for finding job openings, that is 
        designed to provide participants with knowledge that will 
        enable the participants to find jobs.
            ``(16) On-the-job training.--The term `on-the-job training' 
        has the same meaning as that term has in section 101(31) of the 
        Workforce Investment Act.
            ``(17) Partial separation.--A partial separation shall be 
        considered to exist with respect to an individual if--
                    ``(A) the individual has had a 20-percent or 
                greater reduction in the average weekly hours worked by 
                that individual in adversely affected employment; and
                    ``(B) the individual has had a 20-percent or 
                greater reduction in the average weekly wage of the 
                individual with respect to adversely affected 
                employment.
            ``(18) Regular compensation.--The term `regular 
        compensation' has the meaning given that term in section 205(2) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).
            ``(19) Regular state unemployment.--The term `regular State 
        unemployment' means unemployment insurance benefits other than 
        an extension of unemployment insurance by a State using its own 
        funds beyond either the 26-week period mandated by Federal law 
        or any additional period provided for under the Federal-State 
        Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 
        note).
            ``(20) Secretary.--The term `Secretary' means the Secretary 
        of Labor.
            ``(21) State.--The term `State' includes each State of the 
        United States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
            ``(22) State agency.--The term `State agency' means the 
        agency of the State that administers the State law.
            ``(23) State law.--The term `State law' means the 
        unemployment insurance law of the State approved by the 
        Secretary under section 3304 of the Internal Revenue Code of 
        1986.
            ``(24) Supplier.--The term `supplier' means a firm that 
        produces and supplies directly to another firm (or subdivision) 
        component parts for articles that were the basis for a 
        certification of eligibility under section 231(a)(1) of a group 
        of workers employed by such other firm.
            ``(25) Total separation.--The term `total separation' means 
        the layoff or severance of an individual from employment with a 
        firm in which or in a subdivision of which, adversely affected 
        employment exists.
            ``(26) Unemployment insurance.--The term `unemployment 
        insurance' means the unemployment compensation payable to an 
        individual under any State law or Federal unemployment 
        compensation law, including chapter 85 of title 5, United 
        States Code, and the Railroad Unemployment Insurance Act (45 
        U.S.C. 351 et seq.).
            ``(27) Week.--Except as provided in paragraph 5(B)(ii), the 
        term `week' means a week as defined in the applicable State 
        law.
            ``(28) Week of unemployment.--The term `week of 
        unemployment' means a week of total, part-total, or partial 
        unemployment as determined under the applicable State law or 
        Federal unemployment insurance law.

``SEC. 222. AGREEMENTS WITH STATES.

    ``(a) In General.--The Secretary is authorized on behalf of the 
United States to enter into an agreement with any State or with any 
State agency (referred to in this chapter as `cooperating State' and 
`cooperating State agency', respectively) to facilitate the provision 
of services under this chapter.
    ``(b) Provisions of Agreements.--Under an agreement entered into 
under subsection (a)--
            ``(1) the cooperating State agency as an agent of the 
        United States shall--
                    ``(A) facilitate the early filing of petitions 
                under section 231(b) for any group of workers that the 
                State considers is likely to be eligible for benefits 
                under this chapter;
                    ``(B) assist the Secretary in the review of any 
                petition submitted from that State by verifying the 
                information and providing other assistance as the 
                Secretary may request;
                    ``(C) advise each worker who applies for 
                unemployment insurance of the available benefits under 
                this chapter and the procedures and deadlines for 
                applying for those benefits and of the worker's 
                potential eligibility for assistance with health care 
                coverage through the trade adjustment assistance health 
                insurance credit under section 6429 of the Internal 
                Revenue Code of 1986 or under funds made available to 
                the State to carry out section 173(f) of the Workforce 
                Investment Act of 1998;
                    ``(D) receive applications for services under this 
                chapter;
                    ``(E) provide payments on the basis provided for in 
                this chapter;
                    ``(F) advise each adversely affected worker to 
                apply for training under section 240, and of the 
                deadlines for benefits related to enrollment in 
                training under this chapter;
                    ``(G) ensure that the State employees with 
                responsibility for carrying out an agreement entered 
                into under subsection (a)--
                            ``(i) inform adversely affected workers 
                        covered by a certification issued under section 
                        231(c) of the workers' (and individual member's 
                        of the worker's family) potential eligibility 
                        for--
                                    ``(I) medical assistance under the 
                                medicaid program established under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396a et seq.);
                                    ``(II) child health assistance 
                                under the State children's health 
                                insurance program established under 
                                title XXI of that Act (42 U.S.C. 1397aa 
                                et seq.);
                                    ``(III) child care services for 
                                which assistance is provided under the 
                                Child Care and Development Block Grant 
                                Act of 1990 (42 U.S.C. 9858 et seq.);
                                    ``(IV) the trade adjustment 
                                assistance health insurance credit 
                                under section 6429 of the Internal 
                                Revenue Code of 1986 and health care 
                                coverage assistance under funds made 
                                available to the State to carry out 
                                section 173(f) of the Workforce 
                                Investment Act of 1998; and
                                    ``(V) other Federal- and State-
                                funded health care, child care, 
                                transportation, and assistance programs 
                                for which the workers may be eligible; 
                                and
                            ``(ii) provide such workers with 
                        information regarding how to apply for such 
                        assistance, services, and programs, including 
                        notification that the election period for COBRA 
                        continuation may be extended for certain 
                        workers under section 603 of the Trade 
                        Adjustment Assistance Reform Act of 2002;
                    ``(H) provide adversely affected workers referral 
                to training services approved under title I of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
                seq.), and any other appropriate Federal or State 
                program designed to assist dislocated workers or 
                unemployed individuals, consistent with the 
                requirements of subsection (b)(2);
                    ``(I) collect and transmit to the Secretary any 
                data as the Secretary shall reasonably require to 
                assist the Secretary in assuring the effective and 
                efficient performance of the programs carried out under 
                this chapter; and
                    ``(J) otherwise actively cooperate with the 
                Secretary and with other Federal and State agencies in 
                providing payments and services under this chapter, 
                including participation in the performance measurement 
                system established by the Secretary under section 224.
            ``(2) the cooperating State shall--
                    ``(A) arrange for the provision of services under 
                this chapter through the one-stop delivery system 
                established in section 134(c) of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2864(c)) where 
                available;
                    ``(B) provide to adversely affected workers 
                statewide rapid response activities under section 
                134(a)(2)(A) of the Workforce Investment Act of 1998 
                (29 U.S.C. 2864(a)(2)(A)) in the same manner and to the 
                same extent as any other worker eligible for those 
                activities;
                    ``(C) afford adversely affected workers the 
                services provided under section 134(d) of the Workforce 
                Investment Act of 1998 (29 U.S.C. 92864(d)) in the same 
                manner and to the same extent as any other worker 
                eligible for those services; and
                    ``(D) provide training services under this chapter 
                using training providers approved under title I of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
                seq.) which may include community colleges, and other 
                effective providers of training services.
    ``(c) Other Provisions.--
            ``(1) Approval of training providers.--The Secretary shall 
        ensure that the training services provided by cooperating 
        States are provided by organizations approved by the Secretary 
        to effectively assist workers eligible for assistance under 
        this chapter.
            ``(2) Amendment, suspension, or termination of 
        agreements.--Each agreement entered into under this section 
        shall provide the terms and conditions upon which the agreement 
        may be amended, suspended, or terminated.
            ``(3) Effect on unemployment insurance.--Each agreement 
        entered into under this section shall provide that unemployment 
        insurance otherwise payable to any adversely affected worker 
        will not be denied or reduced for any week by reason of any 
        right to payments under this chapter.
            ``(4) Coordination of workforce investment activities.--In 
        order to promote the coordination of Workforce Investment Act 
        activities in each State with activities carried out under this 
        chapter, each agreement entered into under this section shall 
        provide that the State shall submit to the Secretary, in such 
        form as the Secretary may require, the description and 
        information described in paragraphs (8) and (14) of section 
        112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 
        2822(b) (8) and (14)).
    ``(d) Review of State Determinations.--
            ``(1) In general.--A determination by a cooperating State 
        regarding entitlement to program benefits under this chapter is 
        subject to review in the same manner and to the same extent as 
        determinations under the applicable State law.
            ``(2) Appeal.--A review undertaken by a cooperating State 
        under paragraph (1) may be appealed to the Secretary pursuant 
        to such regulations as the Secretary may prescribe.

``SEC. 223. ADMINISTRATION ABSENT STATE AGREEMENT.

    ``(a) In General.--In any State in which there is no agreement in 
force under section 222, the Secretary shall arrange, under regulations 
prescribed by the Secretary, for the performance of all necessary 
functions under this chapter, including providing a hearing for any 
worker whose application for payment is denied.
    ``(b) Finality of Determination.--A final determination under 
subsection (a) regarding entitlement to program benefits under this 
chapter is subject to review by the courts in the same manner and to 
the same extent as is provided by section 205(g) of the Social Security 
Act (42 U.S.C. 405(g)).

``SEC. 224. DATA COLLECTION; EVALUATIONS; REPORTS.

    ``(a) Data Collection.--The Secretary shall, pursuant to 
regulations prescribed by the Secretary, collect any data necessary to 
meet the requirements of this chapter.
    ``(b) Performance Evaluations.--The Secretary shall establish an 
effective performance measuring system to evaluate the following:
            ``(1) Program performance.--
                    ``(A) speed of petition processing;
                    ``(B) quality of petition processing;
                    ``(C) cost of training programs;
                    ``(D) coordination of programs under this title 
                with programs under the Workforce Investment Act (29 
                U.S.C. 2801 et seq.);
                    ``(E) length of time participants take to enter and 
                complete training programs;
                    ``(F) the effectiveness of individual contractors 
                in providing appropriate retraining information;
                    ``(G) the effectiveness of individual approved 
                training programs in helping workers obtain employment;
                    ``(H) best practices related to the provision of 
                benefits and retraining; and
                    ``(I) other data to evaluate how individual States 
                are implementing the requirements of this title.
            ``(2) Participant outcomes.--
                    ``(A) reemployment rates;
                    ``(B) types of jobs in which displaced workers have 
                been placed;
                    ``(C) wage and benefit maintenance results;
                    ``(D) training completion rates; and
                    ``(E) other data to evaluate how effective programs 
                under this chapter are for participants, taking into 
                consideration current economic conditions in the State.
            ``(3) Program participation data.--
                    ``(A) the number of workers receiving benefits and 
                the type of benefits being received;
                    ``(B) the number of workers enrolled in, and the 
                duration of, training by major types of training;
                    ``(C) earnings history of workers that reflects 
                wages before separation and wages in any job obtained 
                after receiving benefits under this Act;
                    ``(D) the cause of dislocation identified in each 
                certified petition;
                    ``(E) the number of petitions filed and workers 
                certified in each United States congressional district; 
                and
                    ``(F) the number of workers who received waivers 
                under each category identified in section 235(c)(1) and 
                the average duration of such waivers.
    ``(c) State Participation.--The Secretary shall ensure, to the 
extent practicable, through oversight and effective internal control 
measures the following:
            ``(1) State participation.--Participation by each State in 
        the performance measurement system established under subsection 
        (b).
            ``(2) Monitoring.--Monitoring by each State of internal 
        control measures with respect to performance measurement data 
        collected by each State.
            ``(3) Response.--The quality and speed of the rapid 
        response provided by each State under section 134(a)(2)(A) of 
        the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)).
    ``(d) Reports.--
            ``(1) Reports by the secretary.--
                    ``(A) Initial report.--Not later than 6 months 
                after the date of enactment of the Trade Adjustment 
                Assistance Reform Act of 2002, the Secretary shall 
                submit to the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives a report that--
                            ``(i) describes the performance measurement 
                        system established under subsection (b);
                            ``(ii) includes analysis of data collected 
                        through the system established under subsection 
                        (b);
                            ``(iii) includes information identifying 
                        the number of workers who received waivers 
                        under section 235(c) and the average duration 
                        of those during the preceding year;
                            ``(iv) describes and analyzes State 
                        participation in the system;
                            ``(v) analyzes the quality and speed of the 
                        rapid response provided by each State under 
                        section 134(a)(2)(A) of the Workforce 
                        Investment Act of 1998 (29 U.S.C. 
                        2864(a)(2)(A)); and
                            ``(vi) provides recommendations for program 
                        improvements.
                    ``(B) Annual report.--Not later than 1 year after 
                the date the report is submitted under subparagraph 
                (A), and annually thereafter, the Secretary shall 
                submit to the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives a report that includes the information 
                collected under clauses (ii) through (v) of 
                subparagraph (A).
            ``(2) State reports.--Pursuant to regulations prescribed by 
        the Secretary, each State shall submit to the Secretary a 
        report that details its participation in the programs 
        established under this chapter, and that contains the data 
        necessary to allow the Secretary to submit the report required 
        under paragraph (1).
            ``(3) Publication.--The Secretary shall make available to 
        each State, and other public and private organizations as 
        determined by the Secretary, the data gathered and evaluated 
        through the performance measurement system established under 
        paragraph (1).

``SEC. 225. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL TRADE 
              COMMISSION BEGINS INVESTIGATION.

    ``(a) Notification of Investigation.--Whenever the International 
Trade Commission begins an investigation under section 202 with respect 
to an industry, the Commission shall immediately notify the Secretary 
of that investigation, and the Secretary shall immediately begin a 
study of--
            ``(1) the number of workers in the domestic industry 
        producing the like or directly competitive article who have 
        been or are likely to be certified as eligible for adjustment 
        assistance under this chapter; and
            ``(2) the extent to which the adjustment of those workers 
        to the import competition may be facilitated through the use of 
        existing programs.
    ``(b) Report.--
            ``(1) In general.--The Secretary shall provide a report 
        based on the study conducted under subsection (a) to the 
        President not later than 15 days after the day on which the 
        Commission makes its report under section 202(f).
            ``(2) Publication.--The Secretary shall promptly make 
        public the report provided to the President under paragraph (1) 
        (with the exception of information which the Secretary 
        determines to be confidential) and shall have a summary of the 
        report published in the Federal Register.

``SEC. 226. REPORT BY SECRETARY OF LABOR ON LIKELY IMPACT OF TRADE 
              AGREEMENTS.

    ``(a) In General.--At least 90 calendar days before the day on 
which the President enters into a trade agreement under section 2103(b) 
of the Bipartisan Trade Promotion Authority Act of 2002, the President 
shall provide the Secretary with details of the agreement as it exists 
at that time and direct the Secretary to prepare and submit the 
assessment described in subsection (b). Between the time the President 
instructs the Secretary to prepare the assessment under this section 
and the time the Secretary submits the assessment to Congress, the 
President shall keep the Secretary current with respect to the details 
of the agreement.
    ``(b) Assessment.--Not later than 90 calendar days after the 
President enters into the agreement, the Secretary shall submit to the 
President, the Committee on Finance of the Senate, the Committee on 
Ways and Means of the House of Representatives, and the Committees on 
Appropriations of the Senate and the House of Representatives, a report 
assessing the likely impact of the agreement on employment in the 
United States economy as a whole and in specific industrial sectors, 
including the extent of worker dislocations likely to result from 
implementation of the agreement. The report shall include an estimate 
of the financial and administrative resources necessary to provide 
trade adjustment assistance to all potentially adversely affected 
workers.

                     ``Subchapter B--Certifications

``SEC. 231. CERTIFICATION AS ADVERSELY AFFECTED WORKERS.

    ``(a) Eligibility for Certification.--
            ``(1) General rule.--A group of workers (including workers 
        in any agricultural firm or subdivision of an agricultural 
        firm) shall be certified by the Secretary as adversely affected 
        workers and eligible for trade adjustment assistance benefits 
        under this chapter pursuant to a petition filed under 
        subsection (b) if the Secretary determines that a significant 
        number or proportion of the workers in the workers' firm or an 
        appropriate subdivision of the firm have become totally or 
        partially separated, or are threatened to become totally or 
        partially separated, and that either--
                    ``(A)(i) the sales or production, or both, of such 
                firm or subdivision have decreased absolutely;
                    ``(ii) the value or volume of imports of articles 
                like or directly competitive with articles produced by 
                that firm or subdivision have increased; and
                    ``(iii) the increase in the value or volume of 
                imports described in clause (ii) contributed 
                importantly to the workers' separation or threat of 
                separation and to the decline in the sales or 
                production of such firm or subdivision; or
                    ``(B) there has been 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 and the 
                shift in production contributed importantly to the 
                workers' separation or threat of separation.
            ``(2) Adversely affected secondary worker.--A group of 
        workers (including workers in any agricultural firm or 
        subdivision of an agricultural firm) shall be certified by the 
        Secretary as adversely affected and eligible for trade 
        adjustment assistance benefits under this chapter pursuant to a 
        petition filed under subsection (b) if the Secretary determines 
        that--
                    ``(A) a significant number or proportion of the 
                workers in the workers' firm or an appropriate 
                subdivision of the firm have become totally or 
                partially separated, or are threatened to become 
                totally or partially separated;
                    ``(B) the workers' firm (or subdivision) is a 
                supplier or downstream producer to a firm (or 
                subdivision) that employed a group of workers who 
                received a certification of eligibility under paragraph 
                (1), and such supply or production is related to the 
                article that was the basis for such certification (as 
                defined in section 221 (11) and (24)); and
                    ``(C) a loss of business by the workers' firm with 
                the firm (or subdivision) described in subparagraph (B) 
                contributed importantly to the workers' separation or 
                threat of separation determined under subparagraph (A).
            ``(3) Special rule for secondary workers.--Notwithstanding 
        paragraph (2), the Secretary may, pursuant to standards 
        established by the Secretary and for good cause shown, certify 
        as eligible for trade adjustment assistance under this chapter 
        a group of workers who meet the requirements for certification 
        as adversely affected secondary workers in paragraph (2), 
        except that the Secretary has not received a petition under 
        paragraph (1) on behalf of workers at a firm to which the 
        petitioning workers' firm is a supplier or downstream producer 
        as defined in section 221 (11) and (24).
            ``(4) Special provisions.--
                    ``(A) Oil and natural gas producers.--For purposes 
                of this section, any firm, or appropriate subdivision 
                of a firm, that engages in exploration or drilling for 
                oil or natural gas shall be considered to be a firm 
                producing oil or natural gas.
                    ``(B) Oil and natural gas imports.--For purposes of 
                this section, any firm, or appropriate subdivision of a 
                firm, that engages in exploration or drilling for oil 
                or natural gas, or otherwise produces oil or natural 
                gas, shall be considered to be producing articles 
                directly competitive with imports of oil and with 
                imports of natural gas.
                    ``(C) Taconite.--For purposes of this section, 
                taconite pellets produced in the United States shall be 
                considered to be an article that is like or directly 
                competitive with imports of semifinished steel slab.
    ``(b) Petitions.--
            ``(1) In general.--A petition for certification of 
        eligibility for trade adjustment assistance under this chapter 
        for a group of adversely affected workers shall be filed 
        simultaneously with the Secretary and with the Governor of the 
        State in which the firm or subdivision of the firm employing 
        the workers is located.
            ``(2) Persons who may file a petition.--A petition under 
        paragraph (1) may be filed by any of the following:
                    ``(A) Workers.--A group of workers (including 
                workers in an agricultural firm or subdivision of any 
                agricultural firm).
                    ``(B) Worker representatives.--The certified or 
                recognized union or other duly appointed representative 
                of the workers.
                    ``(C) Worker adjustment and retraining 
                notification.--Any entity to which notice of a plant 
                closing or mass layoff must be given under section 3 of 
                the Worker Adjustment and Retraining Notification Act 
                (29 U.S.C. 2102).
                    ``(D) Other.--Employers of workers described in 
                subparagraph (A), one-stop operators or one-stop 
                partners (as defined in section 101 of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2801)), or State 
                employment agencies, on behalf of the workers.
                    ``(E) Request to initiate certification.--The 
                President, or the Committee on Finance of the Senate or 
                the Committee on Ways and Means of the House of 
                Representatives (by resolution), may petition the 
                Secretary to initiate a certification process under 
                this chapter to determine the eligibility for trade 
                adjustment assistance of a group of workers.
            ``(3) Actions by governor.--
                    ``(A) Cooperating state.--Upon receipt of a 
                petition, the Governor of a cooperating State shall 
                ensure that the requirements of the agreement entered 
                into under section 222 are met.
                    ``(B) Other states.--Upon receipt of a petition, 
                the Governor of a State that has not entered into an 
                agreement under section 222 shall coordinate closely 
                with the Secretary to ensure that workers covered by a 
                petition are--
                            ``(i) provided with all available services, 
                        including rapid response activities under 
                        section 134 of the Workforce Investment Act (29 
                        U.S.C. 2864);
                            ``(ii) informed of the workers' (and 
                        individual member's of the worker's family) 
                        potential eligibility for--
                                    ``(I) medical assistance under the 
                                medicaid program established under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396a et seq.);
                                    ``(II) child health assistance 
                                under the State children's health 
                                insurance program established under 
                                title XXI of that Act (42 U.S.C. 1397aa 
                                et seq.);
                                    ``(III) child care services for 
                                which assistance is provided under the 
                                Child Care and Development Block Grant 
                                Act of 1990 (42 U.S.C. 9858 et seq.);
                                    ``(IV) the trade adjustment 
                                assistance health insurance credit 
                                under section 6429 of the Internal 
                                Revenue Code of 1986 and health care 
                                coverage assistance under funds made 
                                available to the State to carry out 
                                section 173(f) of the Workforce 
                                Investment Act of 1998; and
                                    ``(V) other Federal and State 
                                funded health care, child care, 
                                transportation, and assistance programs 
                                that the workers may be eligible for; 
                                and
                            ``(iii) provided with information regarding 
                        how to apply for the assistance, services, and 
                        programs described in clause (ii).
    ``(c) Actions by Secretary.--
            ``(1) In general.--As soon as possible after the date on 
        which a petition is filed under subsection (b), but not later 
        than 40 days after that date, the Secretary shall determine 
        whether the petitioning group meets the requirements of 
        subsection (a), and if warranted, shall issue a certification 
        of eligibility for trade adjustment assistance pursuant to this 
        subchapter. In making the determination, the Secretary shall 
        consult with all petitioning entities.
            ``(2) Publication of determination.--Upon making a 
        determination under paragraph (1), the Secretary shall promptly 
        publish a summary of the determination in the Federal Register 
        together with the reasons for making that determination.
            ``(3) Date specified in certification.--Each certification 
        made under this subsection shall specify the date on which the 
        total or partial separation began or threatened to begin with 
        respect to a group of certified workers.
            ``(4) Projected training needs.--The Secretary shall inform 
        the State Workforce Investment Board or equivalent agency, and 
        other public or private agencies, institutions, employers, and 
        labor organizations, as appropriate, of each certification 
        issued under section 231 and of projections, if available, of 
        the need for training under section 240 as a result of that 
        certification.
    ``(d) Scope of Certification.--
            ``(1) In general.--A certification issued under subsection 
        (c) shall cover adversely affected workers in any group that 
        meets the requirements of subsection (a), whose total or 
        partial separation occurred on or after the date on which the 
        petition was filed under subsection (b).
            ``(2) Workers separated prior to certification.--A 
        certification issued under subsection (c) shall cover adversely 
        affected workers whose total or partial separation occurred not 
        more than 1 year prior to the date on which the petition was 
        filed under subsection (b).
    ``(e) Termination of Certification.--
            ``(1) In general.--If the Secretary determines, with 
        respect to any certification of eligibility, that workers 
        separated from a firm or subdivision covered by a certification 
        of eligibility are no longer adversely affected workers, the 
        Secretary shall terminate the certification.
            ``(2) Publication of termination.--The Secretary shall 
        promptly publish notice of any termination made under paragraph 
        (1) in the Federal Register together with the reasons for 
        making that determination.
            ``(3) Application.--Any determination made under paragraph 
        (1) shall apply only to total or partial separations occurring 
        after the termination date specified by the Secretary.

``SEC. 232. BENEFIT INFORMATION TO WORKERS.

    ``(a) In General.--The Secretary shall, in accordance with the 
provisions of section 222 or 223, as appropriate, provide prompt and 
full information to adversely affected workers covered by a 
certification issued under section 231(c), including information 
regarding--
            ``(1) benefit allowances, training, and other employment 
        services available under this chapter;
            ``(2) petition and application procedures under this 
        chapter;
            ``(3) appropriate filing dates for the allowances, 
        training, and services available under this chapter; and
            ``(4) procedures for applying for and receiving all other 
        Federal benefits and services available to separated workers 
        during a period of unemployment.
    ``(b) Assistance to Groups of Workers.--
            ``(1) In general.--The Secretary shall provide any 
        necessary assistance to enable groups of workers to prepare 
        petitions or applications for program benefits.
            ``(2) Assistance from states.--The Secretary shall ensure 
        that cooperating States fully comply with the agreements 
        entered into under section 222 and shall periodically review 
        that compliance.
    ``(c) Notice.--
            ``(1) In general.--Not later that 15 days after a 
        certification is issued under section 231 (or as soon as 
        practicable after separation), the Secretary shall provide 
        written notice of the benefits available under this chapter to 
        each worker whom the Secretary has reason to believe is covered 
        by the certification.
            ``(2) Publication of notice.--The Secretary shall publish 
        notice of the benefits available under this chapter to workers 
        covered by each certification made under section 231 in 
        newspapers of general circulation in the areas in which those 
        workers reside.
            ``(3) Notice to other parties affected by these provisions 
        regarding health assistance.--The Secretary shall notify each 
        provider of health insurance within the meaning of section 7527 
        of the Internal Revenue Code of 1986 of the availability of 
        health care coverage assistance under title VI of the Trade 
        Adjustment Assistance Reform Act of 2002 and of the temporary 
        extension of the election period for COBRA continuation 
        coverage for certain workers under section 603 of that Act.

                    ``Subchapter C--Program Benefits

                      ``PART I--GENERAL PROVISIONS

``SEC. 234. COMPREHENSIVE ASSISTANCE.

    ``Workers covered by a certification issued by the Secretary under 
section 231 shall be eligible for the following:
            ``(1) Trade adjustment allowances as described in sections 
        235 through 238.
            ``(2) Employment services as described in section 239.
            ``(3) Training as described in section 240.
            ``(4) Job search allowances as described in section 241.
            ``(5) Relocation allowances as described in section 242.
            ``(6) Supportive services and wage insurance as described 
        in section 243.
            ``(7) Health care coverage assistance under title VI of the 
        Trade Adjustment Assistance Reform Act of 2002.

                 ``PART II--TRADE ADJUSTMENT ALLOWANCES

``SEC. 235. QUALIFYING REQUIREMENTS FOR WORKERS.

    ``(a) In General.--Payment of a trade adjustment allowance shall be 
made to an adversely affected worker covered by a certification under 
section 231 who files an application for the allowance for any week of 
unemployment that begins more than 60 days after the date on which the 
petition that resulted in the certification was filed under section 
231, if the following conditions are met:
            ``(1) Time of total or partial separation from 
        employment.--The adversely affected worker's total or partial 
        separation before the worker's application under this chapter 
        occurred--
                    ``(A) within the period specified in either section 
                231 (d) (1) or (2);
                    ``(B) before the expiration of the 2-year period 
                beginning on the date on which the certification under 
                section 231 was issued; and
                    ``(C) before the termination date (if any) 
                determined pursuant to section 231(e).
            ``(2) Employment required.--
                    ``(A) In general.--The adversely affected worker 
                had, in the 52-week period ending with the week in 
                which the total or partial separation occurred, at 
                least 26 weeks of employment at wages of $30 or more a 
                week with a single firm or subdivision of a firm.
                    ``(B) Unavailability of data.--If data with respect 
                to weeks of employment with a firm are not available, 
                the worker had equivalent amounts of employment 
                computed under regulations prescribed by the Secretary.
                    ``(C) Week of employment.--For the purposes of this 
                paragraph any week shall be treated as a week of 
                employment at wages of $30 or more, if an adversely 
                affected worker--
                            ``(i) is on employer-authorized leave for 
                        purposes of vacation, sickness, injury, or 
                        maternity, or inactive duty training or active 
                        duty for training in the Armed Forces of the 
                        United States;
                            ``(ii) does not work because of a 
                        disability that is compensable under a 
                        workmen's compensation law or plan of a State 
                        or the United States;
                            ``(iii) had employment interrupted in order 
                        to serve as a full-time representative of a 
                        labor organization in that firm or subdivision; 
                        or
                            ``(iv) is on call-up for purposes of active 
                        duty in a reserve status in the Armed Forces of 
                        the United States, provided that active duty is 
                        `Federal service' as defined in section 
                        8521(a)(1) of title 5, United States Code.
                    ``(D) Exceptions.--
                            ``(i) In the case of weeks described in 
                        clause (i) or (iii) of subparagraph (C), or 
                        both, not more than 7 weeks may be treated as 
                        weeks of employment under subparagraph (C).
                            ``(ii) In the case of weeks described in 
                        clause (ii) or (iv) of subparagraph (C), not 
                        more than 26 weeks may be treated as weeks of 
                        employment under subparagraph (C).
            ``(3) Unemployment compensation.--The adversely affected 
        worker meets all of the following requirements:
                    ``(A) Entitlement to unemployment insurance.--The 
                worker was entitled to (or would be entitled to if the 
                worker applied for) unemployment insurance for a week 
                within the benefit period--
                            ``(i) in which total or partial separation 
                        took place; or
                            ``(ii) which began (or would have begun) by 
                        reason of the filing of a claim for 
                        unemployment insurance by the worker after 
                        total or partial separation.
                    ``(B) Exhaustion of unemployment insurance.--The 
                worker has exhausted all rights to any regular State 
                unemployment insurance to which the worker was entitled 
                (or would be entitled if the worker had applied for any 
                regular State unemployment insurance).
                    ``(C) No unexpired waiting period.--The worker does 
                not have an unexpired waiting period applicable to the 
                worker for any unemployment insurance.
            ``(4) Extended unemployment compensation.--The adversely 
        affected worker, with respect to a week of unemployment, would 
        not be disqualified for extended compensation payable under the 
        Federal-State Extended Unemployment Compensation Act of 1970 
        (26 U.S.C. 3304 note) by reason of the work acceptance and job 
        search requirements in section 202(a)(3) of that Act.
            ``(5) Training.--The adversely affected worker is enrolled 
        in a training program approved by the Secretary under section 
        240(a), and the enrollment occurred not later than the latest 
        of the periods described in subparagraph (A), (B), or (C).
                    ``(A) 16 weeks.--The worker enrolled not later than 
                the last day of the 16th week after the worker's most 
                recent total separation that meets the requirements of 
                paragraphs (1) and (2).
                    ``(B) 8 weeks.--The worker enrolled not later than 
                the last day of the 8th week after the week in which 
                the Secretary issues a certification covering the 
                worker.
                    ``(C) Extenuating circumstances.--Notwithstanding 
                subparagraphs (A) and (B), the adversely affected 
                worker is eligible for trade adjustment assistance if 
                the worker enrolled not later than 45 days after the 
                later of the dates specified in subparagraph (A) or 
                (B), and the Secretary determines there are extenuating 
                circumstances that justify an extension in the 
                enrollment period.
    ``(b) Failure To Participate in Training.--
            ``(1) In general.--Until the adversely affected worker 
        begins or resumes participation in a training program approved 
        under section 240(a), no trade adjustment allowance may be paid 
        under subsection (a) to an adversely affected worker for any 
        week or any succeeding week in which--
                    ``(A) the Secretary determines that--
                            ``(i) the adversely affected worker--
                                    ``(I) has failed to begin 
                                participation in a training program the 
                                enrollment in which meets the 
                                requirement of subsection (a)(5); or
                                    ``(II) has ceased to participate in 
                                such a training program before 
                                completing the training program; and
                            ``(ii) there is no justifiable cause for 
                        the failure or cessation; or
                    ``(B) the waiver issued to that worker under 
                subsection (c)(1) is revoked under subsection (c)(2).
            ``(2) Exception.--The provisions of subsection (a)(5) and 
        paragraph (1) shall not apply with respect to any week of 
        unemployment that begins before the first week following the 
        week in which the certification is issued under section 231.
    ``(c) Waivers of Training Requirements.--
            ``(1) Issuance of waivers.--The Secretary may issue a 
        written statement to an adversely affected worker waiving the 
        requirement to be enrolled in training described in subsection 
        (a) if the Secretary determines that the training requirement 
        is not feasible or appropriate for the worker, because of 1 or 
        more of the following reasons:
                    ``(A) Recall.--The worker has been notified that 
                the worker will be recalled by the firm from which the 
                separation occurred.
                    ``(B) Marketable skills.--The worker possesses 
                marketable skills for suitable employment (as 
                determined pursuant to an assessment of the worker, 
                which may include the profiling system under section 
                303(j) of the Social Security Act (42 U.S.C. 503(j)), 
                carried out in accordance with guidelines issued by the 
                Secretary) and there is a reasonable expectation of 
                employment at equivalent wages in the foreseeable 
                future.
                    ``(C) Retirement.--The worker is within 2 years of 
                meeting all requirements for entitlement to either--
                            ``(i) old-age insurance benefits under 
                        title II of the Social Security Act (42 U.S.C. 
                        401 et seq.) (except for application 
                        therefore); or
                            ``(ii) a private pension sponsored by an 
                        employer or labor organization.
                    ``(D) Health.--The worker is unable to participate 
                in training due to the health of the worker, except 
                that a waiver under this subparagraph shall not be 
                construed to exempt a worker from requirements relating 
                to the availability for work, active search for work, 
                or refusal to accept work under Federal or State 
                unemployment compensation laws.
                    ``(E) Enrollment unavailable.--The first available 
                enrollment date for the approved training of the worker 
                is within 60 days after the date of the determination 
                made under this paragraph, or, if later, there are 
                extenuating circumstances for the delay in enrollment, 
                as determined pursuant to guidelines issued by the 
                Secretary.
                    ``(F) Training not available.--Training approved by 
                the Secretary is not reasonably available to the worker 
                from either governmental agencies or private sources 
                (which may include area vocational education schools, 
                as defined in section 3 of the Carl D. Perkins 
                Vocational and Technical Education Act of 1998 (20 
                U.S.C. 2302), and employers), no training that is 
                suitable for the worker is available at a reasonable 
                cost, or no training funds are available.
                    ``(G) Other.--The Secretary may, at his discretion, 
                issue a waiver if the Secretary determines that a 
                worker has set forth in writing reasons other than 
                those provided for in subparagraphs (A) through (F) 
                justifying the grant of such waiver.
            ``(2) Duration of waivers.--
                    ``(A) In general.--A waiver issued under paragraph 
                (1) shall be effective for not more than 6 months after 
                the date on which the waiver is issued, unless the 
                Secretary determines otherwise.
                    ``(B) Revocation.--The Secretary shall revoke a 
                waiver issued under paragraph (1) if the Secretary 
                determines that the basis of a waiver is no longer 
                applicable to the worker.
            ``(3) Amendments under section 222.--
                    ``(A) Issuance by cooperating states.--Pursuant to 
                an agreement under section 222, the Secretary may 
                authorize a cooperating State to issue waivers as 
                described in paragraph (1).
                    ``(B) Submission of statements.--An agreement under 
                section 222 shall include a requirement that the 
                cooperating State submit to the Secretary the written 
                statements provided under paragraph (1) and a statement 
                of the reasons for the waiver.

``SEC. 236. WEEKLY AMOUNTS.

    ``(a) In General.--Subject to subsections (b) and (c), the trade 
adjustment allowance payable to an adversely affected worker for a week 
of total unemployment shall be an amount equal to the most recent 
weekly benefit amount of the unemployment insurance payable to the 
worker for a week of total unemployment preceding the worker's first 
exhaustion of unemployment insurance (as determined for purposes of 
section 235(a)(3)(B)) reduced (but not below zero) by--
            ``(1) any training allowance deductible under subsection 
        (c); and
            ``(2) any income that is deductible from unemployment 
        insurance under the disqualifying income provisions of the 
        applicable State law or Federal unemployment insurance law.
    ``(b) Adjustment for Workers Receiving Training.--
            ``(1) In general.--Any adversely affected worker who is 
        entitled to a trade adjustment allowance and who is receiving 
        training approved by the Secretary, shall receive for each week 
        in which the worker is undergoing that training, a trade 
        adjustment allowance in an amount (computed for such week) 
        equal to the greater of--
                    ``(A) the amount computed under subsection (a); or
                    ``(B) the amount of any weekly allowance for that 
                training to which the worker would be entitled under 
                any other Federal law for the training of workers, if 
                the worker applied for that allowance.
            ``(2) Allowance paid in lieu of.--Any trade adjustment 
        allowance calculated under paragraph (1) shall be paid in lieu 
        of any training allowance to which the worker would be entitled 
        under any other Federal law.
            ``(3) Coordination with unemployment insurance.--Any week 
        in which a worker undergoing training approved by the Secretary 
        receives payments from unemployment insurance shall be 
        subtracted from the total number of weeks for which a worker 
        may receive trade adjustment allowance under this chapter.
    ``(c) Adjustment for Workers Receiving Allowances Under Other 
Federal Law.--
            ``(1) Reduction in weeks for which allowance will be 
        paid.--If a training allowance under any Federal law (other 
        than this Act) is paid to an adversely affected worker for any 
        week of unemployment with respect to which the worker would be 
        entitled (determined without regard to any disqualification 
        under section 235(b)) to a trade adjustment allowance if the 
        worker applied for that allowance, each week of unemployment 
        shall be deducted from the total number of weeks of trade 
        adjustment allowance otherwise payable to that worker under 
        section 235(a) when the worker applies for a trade adjustment 
        allowance and is determined to be entitled to the allowance.
            ``(2) Payment of difference.--If the training allowance 
        paid to a worker for any week of unemployment is less than the 
        amount of the trade adjustment allowance to which the worker 
        would be entitled if the worker applied for the trade 
        adjustment allowance, the worker shall receive, when the worker 
        applies for a trade adjustment allowance and is determined to 
        be entitled to the allowance, a trade adjustment allowance for 
        that week equal to the difference between the training 
        allowance and the trade adjustment allowance computed under 
        subsection (b).

``SEC. 237. LIMITATIONS ON TRADE ADJUSTMENT ALLOWANCES.

    ``(a) Amount Payable.--The maximum amount of trade adjustment 
allowance payable to an adversely affected worker, with respect to the 
period covered by any certification, shall be the amount that is the 
product of 104 multiplied by the trade adjustment allowance payable to 
the worker for a week of total unemployment (as determined under 
section 236) reduced by the total sum of the regular State unemployment 
insurance to which the worker was entitled (or would have been entitled 
if the worker had applied for unemployment insurance) in the worker's 
first benefit period described in section 235(a)(3)(A).
    ``(b) Duration of Payments.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        trade adjustment allowance shall not be paid for any week 
        occurring after the close of the 104-week period that begins 
        with the first week following the week in which the adversely 
        affected worker was most recently totally separated--
                    ``(A) within the period that is described in 
                section 235(a)(1); and
                    ``(B) with respect to which the worker meets the 
                requirements of section 235(a)(2).
            ``(2) Special rules.--
                    ``(A) Break in training.--For purposes of this 
                chapter, a worker shall be treated as participating in 
                a training program approved by the Secretary under 
                section 240(a) during any week that is part of a break 
                in a training that does not exceed 30 days if--
                            ``(i) the worker was participating in a 
                        training program approved under section 240(a) 
                        before the beginning of the break in training; 
                        and
                            ``(ii) the break is provided under the 
                        training program.
                    ``(B) On-the-job training.--No trade adjustment 
                allowance shall be paid to a worker under this chapter 
                for any week during which the worker is receiving on-
                the-job training, except that a trade adjustment 
                allowance shall be paid if a worker is enrolled in a 
                non-paid customized training program.
                    ``(C) Small business administration pilot 
                program.--An adversely affected worker who is 
                participating in a self-employment training program 
                established by the Director of the Small Business 
                Administration pursuant to section 102 of the Trade 
                Adjustment Assistance Reform Act of 2002, shall not be 
                ineligible to receive benefits under this chapter.
                    ``(D) Additional weeks for remedial education.--
                Notwithstanding any other provision of this section, in 
                order to assist an adversely affected worker to 
                complete training approved for the worker under section 
                240, if the program is a program of remedial education 
                in accordance with regulations prescribed by the 
                Secretary, payments may be made as trade adjustment 
                allowances for up to 26 additional weeks in the 26-week 
                period that follows the last week of entitlement to 
                trade adjustment allowances otherwise payable under 
                this chapter.
    ``(c) Adjustment of Amounts Payable.--Amounts payable to an 
adversely affected worker under this chapter shall be subject to 
adjustment on a week-to-week basis as may be required by section 236.
    ``(d) Year-End Adjustment.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act or any other provision of law, if the benefit year of 
        a worker ends within an extended benefit period, the number of 
        weeks of extended benefits that the worker would, but for this 
        subsection, be entitled to in that extended benefit period 
        shall not be reduced by the number of weeks for which the 
        worker was entitled, during that benefit year, to trade 
        adjustment allowances under this part.
            ``(2) Extended benefits period.--For the purpose of this 
        section the term `extended benefit period' has the same meaning 
        given that term in the Federal-State Extended Unemployment 
        Compensation Act of 1970 (26 U.S.C. 3304 note).

``SEC. 238. APPLICATION OF STATE LAWS.

    ``(a) In General.--Except where inconsistent with the provisions of 
this chapter and subject to such regulations as the Secretary may 
prescribe, the availability and disqualification provisions of the 
State law under which an adversely affected worker is entitled to 
unemployment insurance (whether or not the worker has filed a claim for 
such insurance), or, if the worker is not so entitled to unemployment 
insurance, of the State in which the worker was totally or partially 
separated, shall apply to a worker that files an application for trade 
adjustment assistance.
    ``(b) Duration of Applicability.--The State law determined to be 
applicable with respect to a separation of an adversely affected worker 
shall remain applicable for purposes of subsection (a), with respect to 
a separation until the worker becomes entitled to unemployment 
insurance under another State law (whether or not the worker has filed 
a claim for that insurance).

    ``PART III--EMPLOYMENT SERVICES, TRAINING, AND OTHER ALLOWANCES

``SEC. 239. EMPLOYMENT SERVICES.

    ``The Secretary shall, in accordance with section 222 or 223, as 
applicable, make every reasonable effort to secure for adversely 
affected workers covered by a certification under section 231, 
counseling, testing, placement, and other services provided for under 
any other Federal law.

``SEC. 240. TRAINING.

    ``(a) Approved Training Programs.--
            ``(1) In general.--The Secretary shall approve training 
        programs that include--
                    ``(A) on-the-job training or customized training;
                    ``(B) any employment or training activity provided 
                through a one-stop delivery system under chapter 5 of 
                subtitle B of title I of the Workforce Investment Act 
                of 1998 (29 U.S.C. 2861 et seq.);
                    ``(C) any program of adult education;
                    ``(D) any training program (other than a training 
                program described in paragraph (3)) for which all, or 
                any portion, of the costs of training the worker are 
                paid--
                            ``(i) under any Federal or State program 
                        other than this chapter; or
                            ``(ii) from any source other than this 
                        section; and
                    ``(E) any other training program that the Secretary 
                determines is acceptable to meet the needs of an 
                adversely affected worker.
        In making the determination under subparagraph (E), the 
        Secretary shall consult with interested parties.
            ``(2) Training agreements.--Before approving any training 
        to which subsection (f)(1)(C) may apply, the Secretary may 
        require that the adversely affected worker enter into an 
        agreement with the Secretary under which the Secretary will not 
        be required to pay under subsection (b) the portion of the 
        costs of the training that the worker has reason to believe 
        will be paid under the program, or by the source, described in 
        clause (i) or (ii) of subsection (f)(1)(C).
            ``(3) Limitation on approvals.--The Secretary shall not 
        approve a training program if all of the following apply:
                    ``(A) Payment by plan.--Any portion of the costs of 
                the training program are paid under any nongovernmental 
                plan or program.
                    ``(B) Right to obtain.--The adversely affected 
                worker has a right to obtain training or funds for 
                training under that plan or program.
                    ``(C) Reimbursement.--The plan or program requires 
                the worker to reimburse the plan or program from funds 
                provided under this chapter, or from wages paid under 
                the training program, for any portion of the costs of 
                that training program paid under the plan or program.
    ``(b) Payment of Training Costs.--
            ``(1) In general.--Upon approval of a training program 
        under subsection (a), and subject to the limitations imposed by 
        this section, an adversely affected worker covered by a 
        certification issued under section 231 may be eligible to have 
        payment of the costs of that training, including any costs of 
        an approved training program incurred by a worker before a 
        certification was issued under section 231, made on behalf of 
        the worker by the Secretary directly or through a voucher 
        system.
            ``(2) On-the-job training and customized training.--
                    ``(A) Provision of training on the job or 
                customized training.--If the Secretary approves 
                training under subsection (a), the Secretary shall, 
                insofar as possible, provide or assure the provision of 
                that training on the job or customized training, and 
                any training on the job or customized training that is 
                approved by the Secretary under subsection (a) shall 
                include related education necessary for the acquisition 
                of skills needed for a position within a particular 
                occupation.
                    ``(B) Monthly installments.--If the Secretary 
                approves payment of any on-the-job training or 
                customized training under subsection (a), the Secretary 
                shall pay the costs of that training in equal monthly 
                installments.
                    ``(C) Limitations.--The Secretary may pay the costs 
                of on-the-job training or customized training only if--
                            ``(i) no employed worker is displaced by 
                        the adversely affected worker (including 
                        partial displacement such as a reduction in the 
                        hours of nonovertime work, wages, or employment 
                        benefits);
                            ``(ii) the training does not impair 
                        contracts for services or collective bargaining 
                        agreements;
                            ``(iii) in the case of training that would 
                        affect a collective bargaining agreement, the 
                        written concurrence of the labor organization 
                        concerned has been obtained;
                            ``(iv) no other individual is on layoff 
                        from the same, or any substantially equivalent, 
                        job for which the adversely affected worker is 
                        being trained;
                            ``(v) the employer has not terminated the 
                        employment of any regular employee or otherwise 
                        reduced the workforce of the employer with the 
                        intention of filling the vacancy so created by 
                        hiring the adversely affected worker;
                            ``(vi) the job for which the adversely 
                        affected worker is being trained is not being 
                        created in a promotional line that will 
                        infringe in any way upon the promotional 
                        opportunities of employed individuals;
                            ``(vii) the training is not for the same 
                        occupation from which the worker was separated 
                        and with respect to which the worker's group 
                        was certified pursuant to section 231;
                            ``(viii) the employer is provided 
                        reimbursement of not more than 50 percent of 
                        the wage rate of the participant, for the cost 
                        of providing the training and additional 
                        supervision related to the training;
                            ``(ix) the employer has not received 
                        payment under subsection (b)(1) with respect to 
                        any other on-the-job training provided by the 
                        employer or customized training that failed to 
                        meet the requirements of clauses (i) through 
                        (vi); and
                            ``(x) the employer has not taken, at any 
                        time, any action that violated the terms of any 
                        certification described in clause (viii) made 
                        by that employer with respect to any other on-
                        the-job training provided by the employer or 
                        customized training for which the Secretary has 
                        made a payment under paragraph (1).
    ``(c) Certain Workers Eligible for Training Benefits.--An adversely 
affected worker covered by a certification issued under section 231, 
who is not qualified to receive a trade adjustment allowance under 
section 235, may be eligible to have payment of the costs of training 
made under this section, if the worker enters a training program 
approved by the Secretary not later than 6 months after the date on 
which the certification that covers the worker is issued or the 
Secretary determines that one of the following applied:
            ``(1) Funding was not available at the time at which the 
        adversely affected worker was required to enter training under 
        paragraph (1).
            ``(2) The adversely affected worker was covered by a waiver 
        issued under section 235(c).
    ``(d) Exhaustion of Unemployment Insurance Not Required.--The 
Secretary may approve training, and pay the costs thereof, for any 
adversely affected worker who is a member of a group certified under 
section 231 at any time after the date on which the group is certified, 
without regard to whether the worker has exhausted all rights to any 
unemployment insurance to which the worker is entitled.
    ``(e) Supplemental Assistance.--
            ``(1) In general.--Subject to paragraphs (2) and (3), when 
        training is provided under a training program approved by the 
        Secretary under subsection (a) in facilities that are not 
        within commuting distance of a worker's regular place of 
        residence, the Secretary may authorize supplemental assistance 
        to defray reasonable transportation and subsistence expenses 
        for separate maintenance.
            ``(2) Transportation expenses.--The Secretary may not 
        authorize payments for travel expenses exceeding the prevailing 
        mileage rate authorized under the Federal travel regulations.
            ``(3) Subsistence expenses.--The Secretary may not 
        authorize payments for subsistence that exceed the lesser of--
                    ``(A) the actual per diem expenses for subsistence 
                of the worker; or
                    ``(B) an amount equal to 50 percent of the 
                prevailing per diem allowance rate authorized under 
                Federal travel regulations.
    ``(f) Special Provisions; Limitations.--
            ``(1) Limitation on making payments.--
                    ``(A) Disallowance of other payment.--If the costs 
                of training an adversely affected worker are paid by 
                the Secretary under subsection (b), no other payment 
                for those training costs may be made under any other 
                provision of Federal law.
                    ``(B) No payment of reimbursable costs.--No payment 
                for the costs of approved training may be made under 
                subsection (b) if those costs--
                            ``(i) have already been paid under any 
                        other provision of Federal law; or
                            ``(ii) are reimbursable under any other 
                        provision of Federal law and a portion of those 
                        costs has already been paid under that other 
                        provision of Federal law.
                    ``(C) No payment of costs paid elsewhere.--The 
                Secretary is not required to pay the costs of any 
                training approved under subsection (a) to the extent 
                that those costs are paid under any Federal or State 
                program other than this chapter.
                    ``(D) Exception.--The provisions of this paragraph 
                shall not apply to, or take into account, any funds 
                provided under any other provision of Federal law that 
                are used for any purpose other than the direct payment 
                of the costs incurred in training a particular 
                adversely affected worker, even if the use of those 
                funds has the effect of indirectly paying for or 
                reducing any portion of the costs involved in training 
                the adversely affected worker.
            ``(2) Unemployment eligibility.--A worker may not be 
        determined to be ineligible or disqualified for unemployment 
        insurance or program benefits under this subchapter because the 
        individual is in training approved under subsection (a), 
        because of leaving work which is not suitable employment to 
        enter the training, or because of the application to any week 
        in training of provisions of State law or Federal unemployment 
        insurance law relating to availability for work, active search 
        for work, or refusal to accept work.
            ``(3) Definition.--For purposes of this section the term 
        `suitable employment' means, with respect to a worker, work of 
        a substantially equal or higher skill level than the worker's 
        past adversely affected employment, and wages for such work at 
        not less than 80 percent of the worker's average weekly wage.
            ``(4) Payments after reemployment.--
                    ``(A) In general.--In the case of an adversely 
                affected worker who secures reemployment, the Secretary 
                may approve and pay the costs of training (or shall 
                continue to pay the costs of training previously 
                approved) for that adversely affected worker, for the 
                completion of the training program or up to 26 weeks, 
                whichever is less, after the date the adversely 
                affected worker becomes reemployed.
                    ``(B) Trade adjustment allowance.--An adversely 
                affected worker who is reemployed and is undergoing 
                training approved by the Secretary pursuant to 
                subparagraph (A) may continue to receive a trade 
                adjustment allowance, subject to the income offsets 
                provided for in the worker's State unemployment 
                compensation law in accordance with the provisions of 
                section 237.
            ``(5) Funding.--The total amount of payments that may be 
        made under this section for any fiscal year shall not exceed 
        $300,000,000.

``SEC. 240A. JOB TRAINING PROGRAMS.

    ``(a) Grant Program Authorized.--The Secretary is authorized to 
award grants to community colleges (as defined in section 202 of the 
Tech-Prep Education Act (20 U.S.C. 2371)) on a competitive basis to 
establish job training programs for adversely affected workers.
    ``(b) Application.--
            ``(1) Submission.--To receive a grant under this section, a 
        community college shall submit an application to the Secretary 
        at such time and in such manner as the Secretary shall require.
            ``(2) Contents.--The application submitted under paragraph 
        (1) shall provide a description of--
                    ``(A) the population to be served with grant funds 
                received under this section;
                    ``(B) how grant funds received under this section 
                will be expended; and
                    ``(C) the job training programs that will be 
                established with grant funds received under this 
                section, including a description of how such programs 
                relate to workforce needs in the area where the 
                community college is located.
    ``(c) Eligibility.--To be eligible to receive a grant under this 
section, a community college shall be located in an eligible community 
(as defined in section 271).
    ``(d) Decision on Applications.--Not later than 30 days after 
submission of an application under subsection (b), the Secretary shall 
approve or disapprove the application.
    ``(e) Use of Funds.--A community college that receives a grant 
under this section shall use the grant funds to establish job training 
programs for adversely affected workers.

``SEC. 241. JOB SEARCH ALLOWANCES.

    ``(a) Job Search Allowance Authorized.--
            ``(1) In general.--An adversely affected worker covered by 
        a certification issued under section 231 may file an 
        application with the Secretary for payment of a job search 
        allowance.
            ``(2) Approval of applications.--The Secretary may grant an 
        allowance pursuant to an application filed under paragraph (1) 
        when all of the following apply:
                    ``(A) Assist adversely affected worker.--The 
                allowance is paid to assist an adversely affected 
                worker who has been totally separated in securing a job 
                within the United States.
                    ``(B) Local employment not available.--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 Secretary 
                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 separation; 
                                or
                            ``(ii) the date that is the 182d day after 
                        the date on which the worker concluded 
                        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 $1,250 for any worker.
            ``(3) Allowance for subsistence and transportation.--
        Reimbursement under this subsection may not be made for 
        subsistence and transportation expenses at levels exceeding 
        those allowable under section 240(e).
    ``(c) Exception.--Notwithstanding subsection (b), the Secretary 
shall reimburse any adversely affected worker for necessary expenses 
incurred by the worker in participating in a job search program 
approved by the Secretary.

``SEC. 242. RELOCATION ALLOWANCES.

    ``(a) Relocation Allowance Authorized.--
            ``(1) In general.--Any adversely affected worker covered by 
        a certification issued under section 231 may file an 
        application for a relocation allowance with the Secretary, and 
        the Secretary may grant the relocation allowance, subject to 
        the terms and conditions of this section.
            ``(2) Conditions for granting allowance.--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 within the United States.
                    ``(B) Local employment not available.--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 obtained.--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 separation; 
                                or
                            ``(ii) the date that is the 182d day after 
                        the date on which the worker concluded 
                        training, unless the worker received a waiver 
                        under section 235(c).
    ``(b) Amount of Allowance.--The relocation allowance 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 $1,250.
    ``(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 behalf of any 
                adversely affected worker or group of workers covered 
                by a certification issued under section 231--
                            ``(i) file an application with the 
                        Secretary for services under section 173 of the 
                        Workforce Investment Act of 1998 (relating 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 necessary to enable a worker to 
                participate in activities 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 investment act.--
                The services are consistent with the supportive 
                services provided to participants 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 Assistance Reform Act of 
        2002, the Secretary shall establish, and the States shall 
        implement, 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 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.
            ``(3) Eligibility.--An adversely affected worker may be 
        eligible to receive a wage subsidy under this subsection if the 
        worker--
                    ``(A) enrolls in the Wage Insurance Program;
                    ``(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 on a full-time basis as defined 
                by State law in the State in which the worker is 
                employed; 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 
        $5,000 a year for each year of the 2-year period.
            ``(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, pursuant to standards established by the Secretary, 
        that the worker has shown circumstances that warrant 
        eligibility for training benefits under section 240.
            ``(6) Funding.--The total amount of payments that may be 
        made under this subsection for any fiscal year shall not exceed 
        $50,000,000.
            ``(7) Termination.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no payments may be made under this 
                subsection after the date that is 2 years after the 
                date on which the program under this subsection is 
                implemented in the State under paragraph (1).
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                a worker receiving payments under this subsection on 
                the date described in subparagraph (A) shall continue 
                to receive such payments for as long as the worker 
                meets the eligibility requirements of this subsection.
    ``(c) Studies of Assistance Available to Economically Distressed 
Workers.--
            ``(1) Study by the general accounting office.--
                    ``(A) In general.--The Comptroller General of the 
                United States shall conduct a study of all assistance 
                provided by the Federal Government for workers facing 
                job loss and economic distress.
                    ``(B) Report.--Not later than 1 year after the date 
                of enactment of the Trade Adjustment Assistance Reform 
                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 authorized under the Workforce 
                Investment Act of 1998.
            ``(2) Studies by the states.--
                    ``(A) In general.--Each State may conduct 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 described in subparagraph 
                (A). Each study shall be undertaken in consultation 
                with affected parties.
                    ``(C) Report.--Not later than 1 year after the date 
                of the grant, each State that receives a grant under 
                subparagraph (B) shall submit to the Committee on 
                Finance of the Senate and the Committee on Ways and 
                Means of the House of Representatives the report 
                described in subparagraph (A).
                    ``(D) Distribution of state reports.--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 payment to each cooperating State, 
the sums necessary to enable that State as agent of the United States 
to make payments provided for by this chapter.
    ``(b) Limitation on Use of Funds.--
            ``(1) In general.--All money paid to a cooperating 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 returned 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 cooperating State certifying payments or 
disbursing funds under the agreement or otherwise participating in the 
performance 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 pursuant 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 disbursing 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 payment under this chapter to which the person 
        was not entitled, including a payment referred to in subsection 
        (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 cooperating State or the Secretary 
        determines, in accordance 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 equity.--Requiring 
                repayment would be contrary to equity and good 
                conscience.
            ``(3) Procedure for recovery.--
                    ``(A) Recovery from other allowances authorized.--
                Unless an overpayment is otherwise recovered or waived 
                under paragraph (2), the cooperating State or the 
                Secretary shall recover the overpayment by deductions 
                from any sums payable to that person under this 
                chapter, under any Federal unemployment compensation 
                law administered by the cooperating State or the 
                Secretary, or under any other Federal law administered 
                by the cooperating State or the Secretary that provides 
                for the payment of assistance or an allowance with 
                respect to unemployment.
                    ``(B) Recovery from state allowances 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 following applies:
            ``(1) False statement.--The person knowingly made, or 
        caused another to make, a false statement 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 disclose a material fact, and as a 
        result of the nondisclosure, the person received any payment 
        under this chapter to which the person was not entitled.
    ``(c) Hearing.--Except for overpayments determined 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 material fact, for the 
purpose of obtaining or increasing for that person or for any other 
person any payment authorized 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 Department of 
Labor, for the period beginning October 1, 2001, and ending September 
30, 2007, such sums as may be necessary to carry out the purposes of 
this chapter, including such additional sums for administrative 
expenses as may be necessary for the department to meet the increased 
workload created by the Trade Adjustment Assistance Reform Act of 2002, 
provided that funding provided for training services shall not be used 
for expenses of administering the trade adjustment assistance for 
workers program. 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 chapter.

``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. 112. DISPLACED WORKER SELF-EMPLOYMENT TRAINING 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 referred to as the ``Administrator'') 
shall establish a self-employment training program (in this section 
referred to as the ``Program'') for adversely affected workers (as 
defined 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 include, 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 packages, and 
        credit applications.
    (d) Outreach.--The Program should include outreach 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 Finance and the Committee on 
Small Business and Entrepreneurship of the Senate and the Committee on 
Ways and Means 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 terminate 3 years after the 
date of final publication of guidelines 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 2007, to carry out 
the Secretary's functions under this chapter in connection with 
furnishing adjustment assistance to firms. Amounts appropriated under 
this subsection shall remain available until expended.''.
    (b) Eligibility Criteria.--Section 251(c) of chapter 3 of title II 
of the Trade Act of 1974 (19 U.S.C. 2341(c)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) The Secretary shall certify a firm (including any 
        agricultural firm) as eligible to apply for adjustment 
        assistance under this chapter if the Secretary determines that 
        a significant number or proportion of the workers in such firm 
        have become totally or partially separated, or are threatened 
        to become totally or partially separated, and that either--
                    ``(A)(i)(I) sales or production, or both, of the 
                firm have decreased absolutely, or
                    ``(II) sales or production, or both, of an article 
                that accounted for not less than 25 percent of the 
                total production or sales of the firm during the 12-
                month period for which data are available have 
                decreased absolutely; and
                    ``(ii) increases in the value or volume of imports 
                of articles like or directly competitive with articles 
                which are produced by such firm contributed importantly 
                to such total or partial separation, or threat thereof, 
                and to such decline in sales or production; or
                    ``(B) 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 ``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 economic transition assistance.

SEC. 302. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

    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 `civilian 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 coordinating 
        committee.--The term `Community Economic Development 
        Coordinating Committee' means a community group established 
        under section 274 that consists of major groups significantly 
        affected by an increase in imports or a shift in production, 
        including local, regional, tribal, and State governments, 
        regional councils of governments and economic development, and 
        business, labor, education, health, religious, and other 
        community-based organizations.
            ``(4) Director.--The term `Director' means the Director of 
        the Office of Community Trade Adjustment.
            ``(5) Eligible community.--The term `eligible community' 
        means a community certified under section 273 as eligible for 
        assistance under this chapter.
            ``(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 Office of 
        Community Trade Adjustment established under section 272.
            ``(8) Rural-urban continuum code.--The term `rural-urban 
        continuum code' means a code assigned 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 Reform Act of 2002, there shall be 
established in the Office of Economic Adjustment of the Economic 
Development Administration of the Department of Commerce 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 coordination 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 eligible 
        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 ensures that an 
                eligible community has access to all available Federal 
                assistance;
                    ``(C) by assuring timely consultation and 
                cooperation between Federal, State, and regional 
                officials concerning community economic adjustment;
                    ``(D) by identifying and strengthening existing 
                agency mechanisms designed to assist communities in 
                economic adjustment and workforce reemployment;
                    ``(E) by applying consistent policies, practices, 
                and procedures in the administration of Federal 
                programs that are used to assist communities adversely 
                impacted by an increase in imports or a shift in 
                production;
                    ``(F) by creating, maintaining, and using a uniform 
                economic database to analyze community 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 community 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 organizations 
                significantly affected by the economic adjustment;
                    ``(C) organize a Community Economic Development 
                Coordinating Committee;
                    ``(D) access Federal, State, and local resources 
                designed to assist in economic development and trade 
                adjustment assistance;
                    ``(E) diversify and strengthen the community 
                economy; and
                    ``(F) develop a community-based strategic plan to 
                address workforce dislocation and economic 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 representatives of any Federal 
        department or agency with responsibility for economic 
        adjustment assistance, including the Department of Agriculture, 
        the Department of Defense, the Department of Education, 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 Economic Council.
    ``(d) Working Group.--The working group established 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 consideration 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 impacted by trade.
            ``(3) Seeking legislative language to make work opportunity 
        tax credits available for hiring unemployed 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 ELIGIBLE 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 assistance 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 determination.
    ``(b) Certification.--Not later than 30 days after notification by 
the Secretary of Labor described in subsection (a), the Director shall 
certify as eligible for assistance under this chapter a community in 
which both of the following conditions applies:
            ``(1) Number of job losses.--The Director finds that--
                    ``(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 unemployed.--The Director finds 
        that 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 community 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 COORDINATING COMMITTEE.

    ``(a) Establishment.--In order to apply for and receive benefits 
under this chapter, an eligible community shall establish a Community 
Economic Development Coordinating 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 established by an eligible 
        community under subsection (a) shall include representatives of 
        those groups significantly affected by economic dislocation, 
        such as local, regional, tribal, and State governments, 
        regional councils of governments and economic development, 
        business, labor, education, health organizations, 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 adjustment advisor, assigned 
        by the Director to assist an eligible community, shall serve as 
        an ex officio member of the Community Economic Development 
        Coordinating Committee, and shall arrange for participation 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 Development Coordinating Committee if that 
        organization meets the requirements of paragraph (1) for the 
        purposes of this chapter.
    ``(c) Duties.--The Community Economic Development Coordinating 
Committee shall--
            ``(1) ascertain the severity of the community economic 
        adjustment required as a result of the increase 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 economic 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 interests in 
        the community, represent the impacted community, and ensure all 
        interests in the community 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 paragraph (2), and consistent with the 
        criteria established by the Secretary for the strategic plan 
        developed 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 guarantee 
        available under Federal law to develop or implement the 
        strategic plan, and be an eligible recipient for funding for 
        economic adjustment for that community.

``SEC. 275. COMMUNITY ECONOMIC ADJUSTMENT ADVISORS.

    ``(a) In General.--Pursuant to section 272(c)(3)(G), the Director 
shall assign a community economic 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 implementation 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 assistance to the 
        eligible community;
            ``(3) serve as an ex officio member of the Community 
        Economic Development Coordinating Committee established by an 
        eligible community under section 274;
            ``(4) act as liaison between the Community Economic 
        Development Coordinating Committee established by the eligible 
        community and all other Federal agencies that offer assistance 
        to eligible communities, including the Department of 
        Agriculture, the Department of Defense, the Department of 
        Education, 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 community 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 community economic 
adjustment advisor, an eligible community 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 capacity for 
        economic adjustment, including the method of financing to be 
        used, the anticipated management structure of the Community 
        Economic Development Coordinating Committee, and the commitment 
        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 community.
            ``(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 development plans 
        that were considered, particularly less costly alternatives, 
        and why those plans were rejected in favor of the proposed 
        plan.
            ``(5) A description of any additional steps the eligible 
        community will take to achieve economic adjustment 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 infrastructure 
        improvements in the eligible community.
            ``(7) A description of the occupational and workforce 
        conditions in the eligible community, including but not limited 
        to existing levels of workforce skills and competencies, and 
        educational programs available for workforce training and 
        future employment needs.
            ``(8) A description of how the plan will adapt to changing 
        markets, business cycles, and other variables.
            ``(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 Development Coordinating 
        Committee on behalf of an eligible community, shall award a 
        grant to that community to be used to develop the strategic 
        plan.
            ``(2) Amount.--The amount of a grant made under paragraph 
        (1) shall be determined by the Secretary, but may not exceed 
        $50,000 to each community.
            ``(3) Limit.--Each community can only receive 1 grant under 
        this subsection for the purpose of developing a strategic plan 
        in any 5-year period.
    ``(d) Submission of Plan.--A strategic plan developed under 
subsection (a) shall be submitted to the Director 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 employees of that 
                employer at another facility in the United States;
                    ``(B) leverage resources to create or improve 
                Internet or telecommunications capabilities to make the 
                community more attractive for business;
                    ``(C) establish a funding pool for job creation 
                through entrepreneurial activities;
                    ``(D) assist existing firms in that community 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 services 
                necessary to meet the objectives set out in the 
                strategic plan.

``SEC. 278. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Department of 
Commerce, for the period beginning October 1, 2001, and ending 
September 30, 2007, such sums as may be necessary to carry out the 
purposes of this chapter.

``SEC. 279. GENERAL PROVISIONS.

    ``(a) Report by the Director.--Not later than 6 months after the 
date of enactment of the Trade Adjustment Assistance Reform 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 programs 
established under this title.
    ``(b) Regulations.--The Secretary shall prescribe such regulations 
as are necessary to carry out the provisions of this chapter.
    ``(c) Supplement Not Supplant.--Funds appropriated under this 
chapter shall be used to supplement and not supplant other Federal, 
State, and local public funds expended to provide economic development 
assistance for communities.''.

           TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

    (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 defined in section 299(1) of this 
        Act, in its raw or natural state.
            ``(2) Agricultural commodity producer.--The term 
        `agricultural commodity producer' has the same meaning as the 
        term `person' as prescribed by regulations promulgated under 
        section 1001(5) of the Food Security Act of 1985 (7 U.S.C. 
        1308(5)). The term does not include 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 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 agricultural commodity producers or by 
their duly authorized representative. Upon receipt of the petition, the 
Secretary shall promptly publish notice in the Federal Register that 
the Secretary has received the petition and initiated an investigation.
    ``(b) Hearings.--If the petitioner, or any other person 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 agricultural 
        commodity, or a class of goods within the agricultural 
        commodity, 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 agricultural commodity, or such class of goods, 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 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 
Secretary determines that--
            ``(1) the national average price for the agricultural 
        commodity, or class of goods within the agricultural 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 commodity producers 
        certified as eligible under section 293, means each consecutive 
        year after the year in 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 commodity.--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 
        national average price, and level of imports under this section 
        and section 296.

``SEC. 293. DETERMINATIONS BY SECRETARY OF AGRICULTURE.

    ``(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 40 
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 requirements, issue 
a certification of eligibility to apply for assistance 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 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 section 292, the Secretary shall terminate such 
certification and promptly cause notice of such termination to be 
published in the Federal Register, together with the Secretary's 
reasons for making such determination.

``SEC. 294. STUDY BY SECRETARY OF AGRICULTURE 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 an agricultural commodity, 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 agricultural commodity 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 facilitated 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 President setting forth the findings of the 
study described in subsection (a). Upon making the report to the 
President, the Secretary shall also promptly make the report public 
(with the exception of information which the Secretary determines to be 
confidential) and shall have a summary of the report published in the 
Federal Register.

``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 procedures, and the appropriate filing dates, for such 
allowances, training, and services. The Secretary shall provide 
whatever assistance is necessary to enable groups to prepare 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 
        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 publish notice of 
        the benefits available under this chapter to agricultural 
        commodity producers that are covered by each certification made 
        under this chapter in newspapers of general circulation in the 
        areas in which such producers reside.
            ``(3) Other federal assistance.--The Secretary shall also 
        provide information concerning procedures for applying for and 
        receiving all other Federal assistance and services available 
        to workers facing economic distress.

``SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY 
              PRODUCERS.

    ``(a) In General.--
            ``(1) Requirements.--Payment of a trade adjustment 
        allowance shall be made to an adversely affected agricultural 
        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 eligibility under 
        section 293, if the following conditions are met:
                    ``(A) The producer submits to the Secretary 
                sufficient information to establish the amount of 
                agricultural commodity covered by the application filed 
                under subsection (a) that was produced by the producer 
                in the most recent year.
                    ``(B) The producer certifies that the producer has 
                not received cash benefits under any provision of this 
                title other than this chapter.
                    ``(C) The producer's net farm income (as determined 
                by the Secretary) for the most recent year is less than 
                the producer's net farm income for the latest year in 
                which no adjustment assistance was received by the 
                producer under this chapter.
                    ``(D) The producer certifies that the producer has 
                met with an Extension Service employee or agent to 
                obtain, at no cost to the producer, information and 
                technical assistance that will assist the producer in 
                adjusting to import competition with respect to the 
                adversely affected agricultural commodity, including--
                            ``(i) information regarding the feasibility 
                        and desirability of substituting 1 or more 
                        alternative commodities for the adversely 
                        affected agricultural commodity; and
                            ``(ii) technical assistance that will 
                        improve the competitiveness of the production 
                        and marketing of the adversely affected 
                        agricultural commodity by the producer, 
                        including yield and marketing improvements.
            ``(2) Limitation.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this chapter, an agricultural commodity 
                producer shall not be eligible for assistance under 
                this chapter in any year in which the average adjusted 
                gross income of the producer exceeds $2,500,000.
                    ``(B) Certification.--To comply with the limitation 
                under subparagraph (A), an individual or entity shall 
                provide to the Secretary--
                            ``(i) a certification by a certified public 
                        accountant or another third party that is 
                        acceptable to the Secretary that the average 
                        adjusted gross income of the producer does not 
                        exceed $2,500,000; or
                            ``(ii) information and documentation 
                        regarding the adjusted gross income of the 
                        producer through other procedures established 
                        by the Secretary.
                    ``(C) Definitions.--In this subsection:
                            ``(i) Adjusted gross income.--The term 
                        `adjusted gross income' means adjusted gross 
                        income of an agricultural commodity producer--
                                    ``(I) as defined in section 62 of 
                                the Internal Revenue Code of 1986 and 
                                implemented in accordance with 
                                procedures established by the 
                                Secretary; and
                                    ``(II) that is earned directly or 
                                indirectly from all agricultural and 
                                nonagricultural sources of an 
                                individual or entity for a fiscal or 
                                corresponding crop year.
                            ``(ii) Average adjusted gross income.--
                                    ``(I) In general.--The term 
                                `average adjusted gross income' means 
                                the average adjusted gross income of a 
                                producer for each of the 3 preceding 
                                taxable years.
                                    ``(II) Effective adjusted gross 
                                income.--In the case of a producer that 
                                does not have an adjusted gross income 
                                for each of the 3 preceding taxable 
                                years, the Secretary shall establish 
                                rules that provide the producer with an 
                                effective adjusted gross income for the 
                                applicable year.
    ``(b) Amount of Cash Benefits.--
            ``(1) In general.--Subject to the provisions of section 
        298, an adversely affected agricultural commodity 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
                    ``(B) the amount of the agricultural commodity 
                produced by the agricultural commodity producer in the 
                most recent marketing year.
            ``(2) Special rule for subsequent qualified years.--The 
        amount of cash benefits for a qualified year shall be 
        determined in the same manner as cash benefits are determined 
        under paragraph (1) except that the average national price of 
        the agricultural commodity 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 
        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 agricultural 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.

``SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.

    ``(a) In General.--
            ``(1) Repayment.--If the Secretary, or a court of competent 
        jurisdiction, determines that any person 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, except 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 overpayment by deductions from any 
        sums payable to such person under this chapter.
    ``(b) False Statement.--A person shall, in addition 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 another to 
                make, a false statement or representation of a material 
                fact; or
                    ``(B) knowingly has failed, or caused another to 
                fail, to disclose a material fact; and
            ``(2) as a result of such false statement or 
        representation, or of such nondisclosure, such person has 
        received any payment under this chapter to which the person was 
        not entitled.
    ``(c) Notice and Determination.--Except for overpayments determined 
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)(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 recovered 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 payment 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. 298. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated and 
there are appropriated to the Department of Agriculture not to exceed 
$90,000,000 for each of the fiscal years 2002 through 2007 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 payable 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 FISHERMEN.

    (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:

            ``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 Magnuson-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 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 center.--The term `Trade 
        Adjustment Assistance Center' 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 producers or by their duly authorized 
representative. Upon receipt of the petition, the Secretary shall 
promptly publish notice in the Federal Register that the Secretary has 
received the petition and initiated an investigation.
    ``(b) Hearings.--If the petitioner, or any other person 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).
    ``(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 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 producers certified as eligible under 
        section 299B, means each consecutive year after the year in 
        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 commodity.--In any case in 
        which there are separate classes of fish, the Secretary shall 
        treat each class as a separate commodity in determining group 
        eligibility, the national average price, and level of imports 
        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 
40 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 requirements, issue 
a certification of eligibility to apply for assistance under this 
chapter covering 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 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 attributable 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 
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 facilitated 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 President setting forth the findings of the 
study under subsection (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 determines 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 procedures, and the appropriate filing dates, for such 
allowances, training, and services. The Secretary shall provide 
whatever assistance is necessary to enable groups to prepare 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 reason to believe is covered by a 
        certification made under this chapter.
            ``(2) Other notice.--The Secretary shall publish notice of 
        the benefits available under this chapter to producers that are 
        covered by each certification made under this chapter in 
        newspapers of general circulation in the areas in which such 
        producers reside.

``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 sufficient 
        information to establish the amount of fish covered by the 
        application filed under subsection (a) that was produced by the 
        producer 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 fishing or processing income (as 
        determined by the Secretary) for the most recent year is less 
        than the producer's net fishing or processing income for the 
        latest year in which no adjustment assistance was received by 
        the producer under this chapter.
            ``(4) The producer certifies that--
                    ``(A) the producer has met with an employee or 
                agent from a Trade Adjustment Assistance Center to 
                obtain, at no cost to the producer, information and 
                technical assistance that will assist the producer in 
                adjusting to import competition with respect to the 
                adversely affected fish, including--
                            ``(i) information regarding the feasibility 
                        and desirability of substituting 1 or more 
                        alternative fish for the adversely affected 
                        fish; and
                            ``(ii) technical assistance that will 
                        improve the competitiveness of the production 
                        and marketing of the adversely affected fish by 
                        the producer, including yield and marketing 
                        improvements; and
                    ``(B) none of the benefits will be used to 
                purchase, lease, or finance any new fishing vessel, add 
                capacity to any fishery, or otherwise add to the 
                overcapitalization of any fishery.
    ``(b) Amount of Cash Benefits.--
            ``(1) In general.--Subject to the provisions of section 
        299G, an adversely affected 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 
                        fish 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 
                        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 qualified years.--The 
        amount of cash benefits for a qualified year shall be 
        determined in the same manner 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 certification. 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.
    ``(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 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.

``SEC. 299F. FRAUD AND RECOVERY OF OVERPAYMENTS.

    ``(a) In General.--
            ``(1) Repayment.--If the Secretary, or a court of competent 
        jurisdiction, determines that any person 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, except 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 overpayment by deductions from any 
        sums payable to such person under this chapter.
    ``(b) False Statement.--A person shall, in addition 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 another to 
                make, a false statement or representation of a material 
                fact; or
                    ``(B) knowingly has failed, or caused another to 
                fail, to disclose a material fact; and
            ``(2) as a result of such false statement or 
        representation, or of such nondisclosure, such person has 
        received any payment under this chapter to which the person was 
        not entitled.
    ``(c) Notice and Determination.--Except for overpayments determined 
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)(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 recovered 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 payment 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 appropriated and 
there are appropriated to the Department of Commerce not to exceed 
$10,000,000 for each of the fiscal years 2002 through 2007 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 payable 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 VI--HEALTH CARE COVERAGE OPTIONS FOR WORKERS ELIGIBLE FOR TRADE 
                         ADJUSTMENT ASSISTANCE

SEC. 601. TRADE ADJUSTMENT ASSISTANCE HEALTH INSURANCE CREDIT.

    (a) In General.--Subchapter B of chapter 65 of the Internal Revenue 
Code of 1986 (relating to abatements, credits, and refunds) is amended 
by inserting after section 6428 the following new section:

``SEC. 6429. TRADE ADJUSTMENT ASSISTANCE HEALTH INSURANCE CREDIT.

    ``(a) In General.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by subtitle A an amount 
equal to 70 percent of the amount paid during the taxable year for 
coverage for the taxpayer, the taxpayer's spouse, and dependents of the 
taxpayer under qualified health insurance during eligible coverage 
months.
    ``(b) Eligible Coverage Month.--For purposes of this section--
            ``(1) In general.--The term `eligible coverage month' means 
        any month if, as of the first day of such month--
                    ``(A) the taxpayer is an eligible individual,
                    ``(B) the taxpayer is covered by qualified health 
                insurance,
                    ``(C) the premium for coverage under such insurance 
                for such month is paid by the taxpayer, and
                    ``(D) the taxpayer does not have other specified 
                coverage.
            ``(2) Special rules.--
                    ``(A) Joint returns.--In the case of a joint 
                return, the requirements of paragraph (1) shall be 
                treated as met if at least 1 spouse satisfies such 
                requirements.
                    ``(B) Exclusion of months in which individual is 
                imprisoned.--Such term shall not include any month with 
                respect to an individual if, as of the first day of 
                such month, such individual is imprisoned under 
                Federal, State, or local authority.
            ``(3) Other specified coverage.--For purposes of this 
        subsection, an individual has other specified coverage for any 
        month if, as of the first day of such month--
                    ``(A) Subsidized coverage.--
                            ``(i) In general.--Such individual is 
                        covered under any qualified health insurance 
                        under which at least 50 percent of the cost of 
                        coverage (determined under section 4980B) is 
                        paid or incurred by an employer (or former 
                        employer) of the taxpayer or the taxpayer's 
                        spouse.
                            ``(ii) Treatment of cafeteria plans and 
                        flexible spending accounts.--For purposes of 
                        clause (i), the cost of benefits--
                                    ``(I) which are chosen under a 
                                cafeteria plan (as defined in section 
                                125(d)), or provided under a flexible 
                                spending or similar arrangement, of 
                                such an employer, and
                                    ``(II) which are not includible in 
                                gross income under section 106,
                        shall be treated as borne by such employer.
                    ``(B) Coverage under medicare, medicaid, or 
                schip.--Such individual--
                            ``(i) is entitled to benefits under part A 
                        of title XVIII of the Social Security Act or is 
                        enrolled under part B of such title, or
                            ``(ii) is enrolled in the program under 
                        title XIX or XXI of such Act (other than under 
                        section 1928).
                    ``(C) Certain other coverage.--Such individual--
                            ``(i) is enrolled in a health benefits plan 
                        under chapter 89 of title 5, United States 
                        Code,
                            ``(ii) is entitled to receive benefits 
                        under chapter 55 of title 10, United States 
                        Code,
                            ``(iii) is entitled to receive benefits 
                        under chapter 17 of title 38, United States 
                        Code, or
                            ``(iv) is eligible for benefits under the 
                        Indian Health Care Improvement Act.
            ``(4) Special rule.--For purposes of this subsection, an 
        individual does not have other specified coverage for any month 
        if such coverage is under a qualified long-term care insurance 
        contract (as defined in section 7702B(b)(1)).
    ``(c) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means an individual who is qualified to receive 
payment of a trade adjustment allowance under section 235 of the Trade 
Act of 1974, as amended by section 111 of the Trade Adjustment 
Assistance Reform Act of 2002.
    ``(d) Qualified Health Insurance.--For purposes of this section, 
the term `qualified health insurance' means health insurance coverage 
described under section 173(f) of the Workforce Investment Act of 1998 
(29 U.S.C. 2918(f)).
    ``(e) Coordination With Advance Payments of Credit.--
            ``(1) Recapture of excess advance payments.--If any payment 
        is made by the Secretary under section 7527 during any calendar 
        year to a provider of qualified health insurance for an 
        individual, then the tax imposed by this chapter for the 
        individual's last taxable year beginning in such calendar year 
        shall be increased by the aggregate amount of such payments.
            ``(2) Reconciliation of payments advanced and credit 
        allowed.--Any increase in tax under paragraph (1) shall not be 
        treated as tax imposed by this chapter for purposes of 
        determining the amount of any credit (other than the credit 
        allowed by subsection (a)) allowable under part IV of 
        subchapter A of chapter 1.
    ``(f) Special Rules.--
            ``(1) Coordination with other deductions.--Amounts taken 
        into account under subsection (a) shall not be taken into 
        account in determining any deduction allowed under section 
        162(l) or 213.
            ``(2) MSA distributions.--Amounts distributed from an 
        Archer MSA (as defined in section 220(d)) shall not be taken 
        into account under subsection (a).
            ``(3) Denial of credit to dependents.--No credit shall be 
        allowed under this section to any individual with respect to 
        whom a deduction under section 151 is allowable to another 
        taxpayer for a taxable year beginning in the calendar year in 
        which such individual's taxable year begins.
            ``(4) Credit treated as refundable credit.--For purposes of 
        this title, the credit allowed under this section shall be 
        treated as a credit allowable under subpart C of part IV of 
        subchapter A of chapter 1.
            ``(5) Expenses must be substantiated.--A payment for 
        qualified health insurance to which subsection (a) applies may 
        be taken into account under this section only if the taxpayer 
        substantiates such payment in such form as the Secretary may 
        prescribe.
            ``(6) Regulations.--The Secretary may prescribe such 
        regulations and other guidance as may be necessary or 
        appropriate to carry out this section and section 7527.''.
    (b) Information Reporting.--
            (1) In general.--Subpart B of part III of subchapter A of 
        chapter 61 of the Internal Revenue Code of 1986 (relating to 
        information concerning transactions with other persons) is 
        amended by inserting after section 6050S the following new 
        section:

``SEC. 6050T. RETURNS RELATING TO TRADE ADJUSTMENT ASSISTANCE HEALTH 
              INSURANCE CREDIT.

    ``(a) Requirement of Reporting.--Every person--
            ``(1) who, in connection with a trade or business conducted 
        by such person, receives payments during any calendar year from 
        any individual for coverage of such individual or any other 
        individual under qualified health insurance (as defined in 
        section 6429(d)), and
            ``(2) who claims a reimbursement for an advance credit 
        amount,
shall, at such time as the Secretary may prescribe, make the return 
described in subsection (b) with respect to each individual from whom 
such payments were received or for whom such a reimbursement is 
claimed.
    ``(b) Form and Manner of Returns.--A return is described in this 
subsection if such return--
            ``(1) is in such form as the Secretary may prescribe, and
            ``(2) contains--
                    ``(A) the name, address, and TIN of each individual 
                referred to in subsection (a),
                    ``(B) the aggregate of the advance credit amounts 
                provided to such individual and for which reimbursement 
                is claimed,
                    ``(C) the number of months for which such advance 
                credit amounts are so provided, and
                    ``(D) such other information as the Secretary may 
                prescribe.
    ``(c) Statements To Be Furnished to Individuals With Respect to 
Whom Information Is Required.--Every person required to make a return 
under subsection (a) shall furnish to each individual whose name is 
required to be set forth in such return a written statement showing--
            ``(1) the name and address of the person required to make 
        such return and the phone number of the information contact for 
        such person, and
            ``(2) the information required to be shown on the return 
        with respect to such individual.
The written statement required under the preceding sentence shall be 
furnished on or before January 31 of the year following the calendar 
year for which the return under subsection (a) is required to be made.
    ``(d) Advance Credit Amount.--For purposes of this section, the 
term `advance credit amount' means an amount for which the person can 
claim a reimbursement pursuant to a program established by the 
Secretary under section 7527.''.
            (2) Assessable penalties.--
                    (A) Subparagraph (B) of section 6724(d)(1) of such 
                Code (relating to definitions) is amended by 
                redesignating clauses (xi) through (xvii) as clauses 
                (xii) through (xviii), respectively, and by inserting 
                after clause (x) the following new clause:
                            ``(xi) section 6050T (relating to returns 
                        relating to trade adjustment assistance health 
                        insurance credit),''.
                    (B) Paragraph (2) of section 6724(d) of such Code 
                is amended by striking ``or'' at the end of 
                subparagraph (Z), by striking the period at the end of 
                subparagraph (AA) and inserting ``, or'', and by adding 
                after subparagraph (AA) the following new subparagraph:
                    ``(BB) section 6050T (relating to returns relating 
                to trade adjustment assistance health insurance 
                credit).''.
            (3) Clerical amendment.--The table of sections for subpart 
        B of part III of subchapter A of chapter 61 of such Code is 
        amended by inserting after the item relating to section 6050S 
        the following new item:

                              ``Sec. 6050T. Returns relating to trade 
                                        adjustment assistance health 
                                        insurance credit.''.
    (c) Criminal Penalty for Fraud.--
            (1) In general.--Subchapter B of chapter 75 of the Internal 
        Revenue Code of 1986 (relating to other offenses) is amended by 
        adding at the end the following:

``SEC. 7276. PENALTIES FOR OFFENSES RELATING TO TRADE ADJUSTMENT 
              ASSISTANCE HEALTH INSURANCE CREDIT.

    ``Any person who knowingly misuses Department of the Treasury 
names, symbols, titles, or initials to convey the false impression of 
association with, or approval or endorsement by, the Department of the 
Treasury of any insurance products or group health coverage in 
connection with the credit for trade adjustment assistance health 
insurance under section 6429 shall on conviction thereof be fined not 
more than $10,000, or imprisoned not more than 1 year, or both.''.
            (2) The table of sections for subchapter B of chapter 75 of 
        such Code is amended by adding at the end the following:

                              ``Sec. 7276. Penalties for offenses 
                                        relating to trade adjustment 
                                        assistance health insurance 
                                        credit.''.
    (d) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting before the period ``, or 
        from section 6429 of such Code''.
            (2) The table of sections for subchapter B of chapter 65 of 
        the Internal Revenue Code of 1986 is amended by adding at the 
        end the following new item:

                              ``Sec. 6429. Trade adjustment assistance 
                                        health insurance credit.''.
    (e) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years 
        beginning after December 31, 2001, without regard to whether 
        final regulations to carry out such amendments have been 
        promulgated by such date.
            (2) Penalties.--The amendments made by subsection (c) shall 
        take effect on the date of the enactment of this Act.

SEC. 602. ADVANCE PAYMENT OF TRADE ADJUSTMENT ASSISTANCE HEALTH 
              INSURANCE CREDIT.

    (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 
(relating to miscellaneous provisions) is amended by adding at the end 
the following new section:

``SEC. 7527. ADVANCE PAYMENT OF TRADE ADJUSTMENT ASSISTANCE HEALTH 
              INSURANCE CREDIT.

    ``(a) General Rule.--The Secretary shall establish a program for 
making payments on behalf of eligible individuals (as defined in 
section 6429(c)) to providers of health insurance for such individuals 
for whom a qualified health insurance credit eligibility certificate is 
in effect.
    ``(b) Qualified Health Insurance Credit Eligibility Certificate.--
For purposes of this section, a qualified health insurance credit 
eligibility certificate is a statement certified by a designated local 
agency (as defined in section 51(d)(11)) (or by any other entity 
designated by the Secretary) which--
            ``(1) certifies that the individual was an eligible 
        individual (as defined in section 6429(c)) as of the first day 
        of any month, and
            ``(2) provides such other information as the Secretary may 
        require for purposes of this section.''.
    (b) Clerical Amendment.--The table of sections for chapter 77 of 
the Internal Revenue Code of 1986 is amended by adding at the end the 
following new item:

                              ``Sec. 7527. Advance payment of trade 
                                        adjustment assistance health 
                                        insurance credit.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, without regard to 
whether final regulations to carry out such amendments have been 
promulgated by such date.

SEC. 603. HEALTH INSURANCE COVERAGE FOR ELIGIBLE INDIVIDUALS.

    (a) Eligibility for Grants.--Section 173(a) of the Workforce 
Investment Act of 1998 (29 U.S.C. 2918(a)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(4) from funds appropriated under section 174(c)--
                    ``(A) to a State to provide the assistance 
                described in subsection (f) to any eligible worker (as 
                defined in subsection (f)(4)(B)); and
                    ``(B) to a State to provide the assistance 
                described in subsection (g) to any eligible worker (as 
                defined in subsection (g)(5)).''.
    (b) Use of Funds for Health Insurance Coverage.--Section 173 of the 
Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended by adding 
at the end the following:
    ``(f) Health Insurance Coverage Assistance for Eligible Workers.--
            ``(1) In general.--Funds made available to a State under 
        paragraph (4)(A) of subsection (a) may be used by the State for 
        the following:
                    ``(A) Health insurance coverage.--To assist an 
                eligible worker (as defined in paragraph (4)(B)) in 
                enrolling in health insurance coverage through--
                            ``(i) COBRA continuation coverage;
                            ``(ii) State-based continuation coverage 
                        provided by the State under a State law that 
                        requires such coverage even though the coverage 
                        would not otherwise be required under the 
                        provisions of law referred to in paragraph 
                        (4)(A);
                            ``(iii) the enrollment of the eligible 
                        worker and the eligible worker's spouse and 
                        dependents in health insurance coverage offered 
                        through a qualified State high risk pool or 
                        other comparable State-based health insurance 
                        coverage alternative;
                            ``(iv) the enrollment of the eligible 
                        worker and the eligible worker's spouse and 
                        dependents in the health insurance program 
                        offered for State employees;
                            ``(v) the enrollment of the eligible worker 
                        and the eligible worker's spouse and dependents 
                        in a State-based health insurance program that 
                        is comparable to the health insurance program 
                        offered for State employees;
                            ``(vi) a direct payment arrangement entered 
                        into by the State and a group health plan 
                        (including a multiemployer plan as defined in 
                        section 3(37) of the Employee Retirement Income 
                        Security Act of 1974 (29 U.S.C. 1002(37))), an 
                        issuer of health insurance coverage, an 
                        administrator, or an employer, as appropriate, 
                        on behalf of the eligible worker and the 
                        eligible worker's spouse and dependents;
                            ``(vii) the enrollment of the eligible 
                        worker and the eligible worker's spouse and 
                        dependents in a State-operated, State-funded 
                        health plan;
                            ``(viii) the enrollment of the eligible 
                        worker and the eligible worker's spouse and 
                        dependents in health insurance coverage offered 
                        through a State arrangement with a private 
                        sector health care coverage purchasing pool; or
                            ``(ix) in the case of an eligible worker 
                        who was enrolled in individual health insurance 
                        coverage during the 6-month period that ends on 
                        the date on which the worker became unemployed, 
                        enrollment in such individual health insurance 
                        coverage.
                    ``(B) Establishment of health insurance coverage 
                mechanisms.--To establish or administer--
                            ``(i) a qualified State high risk pool for 
                        the purpose of providing health insurance 
                        coverage to an eligible worker and the eligible 
                        worker's spouse and dependents;
                            ``(ii) a State-based program for the 
                        purpose of providing health insurance coverage 
                        to an eligible worker and the eligible worker's 
                        spouse and dependents that is comparable to the 
                        State health insurance program for State 
                        employees; or
                            ``(iii) a program under which the State 
                        enters into arrangements described in 
                        subparagraph (A)(vi).
                    ``(C) Administrative expenses.--To pay the 
                administrative expenses related to the enrollment of 
                eligible workers and the eligible workers spouses and 
                dependents in health insurance coverage described in 
                subparagraph (A), including--
                            ``(i) eligibility verification activities;
                            ``(ii) the notification of eligible workers 
                        of available health insurance coverage options;
                            ``(iii) processing qualified health 
                        insurance credit eligibility certificates 
                        provided for under section 7527 of the Internal 
                        Revenue Code of 1986;
                            ``(iv) providing assistance to eligible 
                        workers in enrolling in health insurance 
                        coverage;
                            ``(v) the development or installation of 
                        necessary data management systems; and
                            ``(vi) any other expenses determined 
                        appropriate by the Secretary.
            ``(2) Requirements relating to health insurance coverage.--
        With respect to health insurance coverage provided to eligible 
        workers under any of clauses (ii) through (viii) of paragraph 
        (1)(A), the State shall ensure that--
                    ``(A) enrollment is guaranteed for workers who 
                provide a qualified health insurance credit eligibility 
                certificate described in section 7527 of the Internal 
                Revenue Code of 1986 and who pay the remainder of the 
                premium for such enrollment;
                    ``(B) no pre-existing condition limitations are 
                imposed with respect to such eligible workers;
                    ``(C) the worker is not required (as a condition of 
                enrollment or continued enrollment under the coverage) 
                to pay a premium or contribution that is greater than 
                the premium or contribution for a similarly situated 
                individual who is not an eligible worker;
                    ``(D) benefits under the coverage are the same as 
                (or substantially similar to) the benefits provided to 
                similarly situated individuals who are not eligible 
                workers;
                    ``(E) the standard loss ratio for the coverage is 
                not less than 65 percent;
                    ``(F) in the case of coverage provided under 
                paragraph (1)(A)(v), the premiums and benefits are 
                comparable to the premiums and benefits applicable to 
                State employees; and
                    ``(G) such coverage otherwise meets requirements 
                established by the Secretary.
            ``(3) Availability of funds.--
                    ``(A) Expedited procedures.--With respect to 
                applications submitted by States for grants under this 
                subsection, the Secretary shall--
                            ``(i) not later than 15 days after the date 
                        on which the Secretary receives a completed 
                        application from a State, notify the State of 
                        the determination of the Secretary with respect 
                        to the approval or disapproval of such 
                        application;
                            ``(ii) in the case of a State application 
                        that is disapproved by the Secretary, provide 
                        technical assistance, at the request of the 
                        State, in a timely manner to enable the State 
                        to submit an approved application; and
                            ``(iii) develop procedures to expedite the 
                        provision of funds to States with approved 
                        applications.
                    ``(B) Availability and distribution of funds.--The 
                Secretary shall ensure that funds made available under 
                section 174(c)(1)(A) to carry out subsection (a)(4)(A) 
                are available to States throughout the period described 
                in section 174(c)(2)(A).
            ``(4) Definitions.--For purposes of this subsection:
                    ``(A) Cobra continuation coverage.--The term `COBRA 
                continuation coverage' means coverage under a group 
                health plan provided by an employer pursuant 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) Eligible worker.--The term `eligible worker' 
                means an individual who--
                            ``(i) is qualified to receive payment of a 
                        trade adjustment allowance under section 235 of 
                        the Trade Act of 1974, as amended by section 
                        111 of the Trade Adjustment Assistance Reform 
                        Act of 2002;
                            ``(ii) does not have other specified 
                        coverage; and
                            ``(iii) is not imprisoned under Federal, 
                        State, or local authority.
                    ``(C) Other specified coverage.--With respect to 
                any individual, the term `other specified coverage' 
                means--
                            ``(i) Subsidized coverage.--
                                    ``(I) In general.--Such individual 
                                is covered under any health insurance 
                                coverage under which at least 50 
                                percent of the cost of coverage 
                                (determined under section 4980B of the 
                                Internal Revenue Code of 1986) is paid 
                                or incurred by an employer (or former 
                                employer) of the individual or the 
                                individual's spouse.
                                    ``(II) Treatment of cafeteria plans 
                                and flexible spending accounts.--For 
                                purposes of subclause (I), the cost of 
                                benefits which are chosen under a 
                                cafeteria plan (as defined in section 
                                125(d) of such Code), or provided under 
                                a flexible spending or similar 
                                arrangement, of such an employer, and 
                                which are not includible in gross 
                                income under section 106 of such Code, 
                                shall be treated as borne by such 
                                employer.
                            ``(ii) Coverage under medicare, medicaid, 
                        or schip.--Such individual--
                                    ``(I) is entitled to benefits under 
                                part A of title XVIII of the Social 
                                Security Act or is enrolled under part 
                                B of such title, or
                                    ``(II) is enrolled in the program 
                                under title XIX or XXI of such Act 
                                (other than under section 1928).
                            ``(iii) Certain other coverage.--Such 
                        individual--
                                    ``(I) is enrolled in a health 
                                benefits plan under chapter 89 of title 
                                5, United States Code;
                                    ``(II) is entitled to receive 
                                benefits under chapter 55 of title 10, 
                                United States Code;
                                    ``(III) is entitled to receive 
                                benefits under chapter 17 of title 38, 
                                United States Code; or
                                    ``(IV) is eligible for benefits 
                                under the Indian Health Care 
                                Improvement Act.
                Such term does not include coverage under a qualified 
                long-term care insurance contract (as defined in 
                section 7702B(b)(1) of the Internal Revenue Code of 
                1986).
                    ``(D) Group health plan.--The term `group health 
                plan' has the meaning given that term in section 
                2791(a) of the Public Health Service Act (42 U.S.C. 
                300gg-91(a)), section 607(1) of the Employee Retirement 
                Income Security Act of 1974 (29 U.S.C. 1167(1)), and 
                section 4980B(g)(2) of the Internal Revenue Code of 
                1986.
                    ``(E) 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)) (other than insurance if 
                substantially all of its coverage is of excepted 
                benefits described in section 2791(c) of such Act (42 
                U.S.C. 300gg-91(c)) .
                    ``(F) Individual health insurance coverage.--The 
                term `individual health insurance coverage' means 
                health insurance coverage offered to individuals other 
                than in connection with a group health plan. Such term 
                does not include Federal- or State-based health 
                insurance coverage.
                    ``(G) Qualified state high risk pool.--The term 
                `qualified State high risk pool' has the meaning given 
                that term in section 2744(c)(2) of the Public Health 
                Service Act.
                    ``(H) Standard loss ratio.--The term `standard loss 
                ratio', with respect to the pool of insured individuals 
                under coverage described in clauses (ii) through (viii) 
                of subparagraph (A) for a year, means--
                            ``(i) the amount of claims incurred with 
                        respect to the pool of insured individuals in 
                        each such type of coverage for such year; 
                        divided by
                            ``(ii) the premiums paid for enrollment in 
                        each such coverage for such year.
    ``(g) Interim Health and Other Assistance.--
            ``(1) In general.--Funds made available to a State under 
        paragraph (4)(B) of subsection (a) may be used by the State to 
        provide assistance and support services to eligible workers, 
        including health care coverage, transportation, child care, 
        dependent care, and income assistance.
            ``(2) Income support.--With respect to any income 
        assistance provided to an eligible worker with such funds, such 
        assistance shall supplement and not supplant other income 
        support or assistance provided under chapter 2 of title II of 
        the Trade Act of 1974 (19 U.S.C. 2271 et seq.) (as in effect on 
        the day before the effective date of the Trade Adjustment 
        Assistance Reform Act of 2002) or the unemployment compensation 
        laws of the State where the eligible worker resides.
            ``(3) Health care coverage.--With respect to any health 
        care coverage assistance provided to an eligible worker with 
        such funds, the following rules shall apply:
                    ``(A) The State may provide assistance in obtaining 
                health care coverage to the eligible worker and to the 
                eligible worker's spouse and dependents.
                    ``(B) Such assistance shall supplement and may not 
                supplant any other State or local funds used to provide 
                health care coverage and may not be included in 
                determining the amount of non-Federal contributions 
                required under any program.
            ``(4) Availability of funds.--
                    ``(A) Expedited procedures.--With respect to 
                applications submitted by States for grants under this 
                subsection, the Secretary shall--
                            ``(i) not later than 15 days after the date 
                        on which the Secretary receives a completed 
                        application from a State, notify the State of 
                        the determination of the Secretary with respect 
                        to the approval or disapproval of such 
                        application;
                            ``(ii) in the case of a State application 
                        that is disapproved by the Secretary, provide 
                        technical assistance, at the request of the 
                        State, in a timely manner to enable the State 
                        to submit an approved application; and
                            ``(iii) develop procedures to expedite the 
                        provision of funds to States with approved 
                        applications.
                    ``(B) Availability and distribution of funds.--The 
                Secretary shall ensure that funds made available under 
                section 174(c)(1)(B) to carry out subsection (a)(4)(B) 
                are available to States throughout the period described 
                in section 174(c)(2)(B).
            ``(5) Definition of eligible worker.--In this subsection, 
        the term `eligible worker' means an individual who is a member 
        of a group of workers certified after April 1, 2002 under 
        chapter 2 of title II of the Trade Act of 1974 (as in effect on 
        the day before the effective date of the Trade Adjustment 
        Assistance Reform Act of 2002) and who is determined to be 
        qualified to receive payment of a trade adjustment allowance 
        under such chapter (as so in effect).''.
    (c) Authorization of Appropriations.--Section 174 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2919) is amended by adding at the end 
the following:
    ``(c) Assistance for Eligible Workers.--
            ``(1) In general.--There are authorized to be 
        appropriated--
                    ``(A) to carry out subsection (a)(4)(A) of section 
                173--
                            ``(i) $10,000,000 for fiscal year 2002; and
                            ``(ii) $60,000,000 for each of fiscal years 
                        2003 through 2007; and
                    ``(B) to carry out subsection (a)(4)(B) of section 
                173--
                            ``(i) $50,000,000 for fiscal year 2002;
                            ``(ii) $100,000,000 for fiscal year 2003; 
                        and
                            ``(iii) $50,000,000 for fiscal year 2004.
            ``(2) Availability of funds.--Funds appropriated under--
                    ``(A) paragraph (1)(A) for each fiscal year shall, 
                notwithstanding section 189(g), remain available for 
                obligation during the pendency of any outstanding claim 
                under the Trade Act of 1974, as amended by the Trade 
                Adjustment Assistance Reform Act of 2002; and
                    ``(B) paragraph (1)(B), for each fiscal year shall, 
                notwithstanding section 189(g), remain available during 
                the period that begins on the date of enactment of the 
                Trade Adjustment Assistance Reform Act of 2002 and ends 
                on September 30, 2004.''.
    (d) Conforming Amendment.--Section 132(a)(2)(A) of the Workforce 
Investment Act of 1998 (29 U.S.C. 2862(a)(2)(A)) is amended by 
inserting ``, other than under subsection (a)(4), (f), and (g)'' after 
``grants''.
    (e) Temporary Extension of COBRA Election Period for Certain 
Individuals.--
            (1) In general.--Notwithstanding any other provision of 
        law, the election period for COBRA continuation coverage (as 
        defined in section 6429(d)(2) of the Internal Revenue Code of 
        1986) with respect to any eligible individual (as defined in 
        section 6429(c) of such Code) for whom such period has expired 
        as of the date of the enactment of this Act, shall not end 
        before the date that is 60 days after the date the individual 
        becomes such an eligible individual.
            (2) Preexisting conditions.--If an individual becomes such 
        an eligible individual, any period before the date of such 
        eligibility shall be disregarded for purposes of determining 
        the 63-day periods referred to in section 701(c)(2) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1181(c)(2)), section 2701(c)(2) of the Public Health Service 
        Act (42 U.S.C. 300gg(c)(2)), and section 9801(c)(2) of the 
        Internal Revenue Code of 1986.

           TITLE VII--CONFORMING AMENDMENTS AND EFFECTIVE 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 of the 
        Trade Act of 1974 (19 U.S.C. 2391) is amended to read as 
        follows:

``SEC. 280. GENERAL ACCOUNTING OFFICE REPORT.

    ``(a) Study and Report.--The Comptroller General of the United 
States shall conduct a study of the adjustment assistance programs 
established under chapters 2, 3, 4, 6, and 7 of this title and shall 
report the results of such study to the Congress no later than January 
31, 2005. Such report shall include an evaluation of--
            ``(1) the effectiveness of such programs in aiding workers, 
        farmers, fishermen, firms, and communities to adjust to changed 
        economic conditions resulting from changes in the patterns of 
        international trade; and
            ``(2) the coordination of the administration of such 
        programs and other Government programs which provide 
        unemployment compensation and relief to depressed areas.
        ``(b) Assistance of Other Departments and Agencies.--In 
carrying out his responsibilities under this section, the Comptroller 
General shall, to the extent practical, avail himself of the assistance 
of the Departments of Labor, Commerce, and Agriculture and the Small 
Business Administration. The Secretaries of Labor, Commerce, and 
Agriculture and the Administrator of the Small Business Administration 
shall make available to the Comptroller General any assistance 
necessary for an effective evaluation of the adjustment assistance 
programs established under this title.''.
            (3) Coordination.--Section 281 of the Trade Act of 1974 (19 
        U.S.C. 2392) is amended by striking ``Departments of Labor and 
        Commerce'' and inserting ``Departments of Labor, Commerce, and 
        Agriculture''.
            (4) Trade monitoring system.--Section 282 of the Trade Act 
        of 1974 (19 U.S.C. 2393) is amended by striking ``The Secretary 
        of Commerce and the Secretary of Labor'' and inserting ``The 
        Secretaries of Commerce, Labor, and Agriculture''.
            (5) Judicial review.--
                    (A) 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 Commerce under section 271'' and 
                inserting ``under section 231, a firm or its 
                representative, or any other interested domestic party 
                aggrieved by a final determination of the Secretary of 
                Commerce under section 251, an agricultural commodity 
                producer (as defined in section 291(2)) aggrieved by a 
                determination of the Secretary of Agriculture under 
                section 293, or a producer (as defined in section 
                299(2)) aggrieved by a determination of the Secretary 
                of Commerce under section 299B''.
                    (B) Section 284 of such Trade Act of 1974 is 
                amended in the second sentence of subsection (a) and in 
                subsections (b) and (c), by inserting ``or the 
                Secretary of Agriculture'' after ``Secretary of 
                Commerce'' each place it appears.
            (6) 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 paragraph (2), 
        trade adjustment assistance, vouchers, allowances, and other 
        payments or benefits may not be provided under chapter 2 after 
        September 30, 2007.
            ``(2) Exception.--Notwithstanding paragraph (1), a worker 
        shall continue to receive trade adjustment 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, 2007, the worker is--
                    ``(A) certified as eligible for trade adjustment 
                assistance benefits under section 231; and
                    ``(B) otherwise eligible to receive trade 
                adjustment assistance benefits under chapter 2.
    ``(b) Other Assistance.--
            ``(1) Assistance for firms.--Technical assistance may not 
        be provided under chapter 3 after September 30, 2007.
            ``(2) Assistance for communities.--Technical assistance and 
        other payments may not be provided under chapter 4 after 
        September 30, 2007.
            ``(3) Assistance for farmers and fishermen.--
                    ``(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, 2007.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                an agricultural commodity producer (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 applies, for any week for which the 
                agricultural commodity producer or producer meets the 
                eligibility requirements of chapter 6 or 7, whichever 
                applies, if on or before September 30, 2007, 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 
                        adjustment assistance benefits under such 
                        chapter 6 or 7.''.
            (6) 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 Commission begins investigation.
        ``Sec. 226. Report by Secretary of Labor on likely impact of 
                     ``subchapter b--certifications
        ``Sec. 231. Certification as adversely affected workers.
        ``Sec. 232. ``subchapter c--program benefits

                      ``Part I--General Provisions

        ``Sec. 234. Comprehensive assistance.

                 ``Part II--Trade Adjustment Allowances

        ``Sec. 235. Qualifying requirements for workers.
        ``Sec. 236. Weekly amounts.
        ``Sec. 237. Limitations on trade adjustment allowances.
        ``Sec. 238. Application of State laws.

    ``Part III--Employment Services, Training, and Other Allowances

        ``Sec. 239. Employment services.
        ``Sec. 240. Training.
        ``Sec. 240A. Job training programs.
        ``Sec. 241. Job search allowances.
        ``Sec. 242. Relocation allowances.
        ``S``subchapter d--payment and enforcement provisions
        ``Sec. 244. Payments to States.
        ``Sec. 245. Liabilities of certifying and disbursing officers.
        ``Sec. 246. Fraud and recovery of overpayments.
        ``Sec. 247. Criminal penalties.
        ``Sec. 248. Authorization of appropriations.
        ``Sec. 249. Regulations.
        ``Sec. 250. Subpoena power.

           ``Chapter 3--Trade Adjustment Assistance for Firms

        ``Sec. 251. Petitions and determinations.
        ``Sec. 252. Approval of adjustment proposals.
        ``Sec. 253. Technical assistance.
        ``Sec. 254. Financial assistance.
        ``Sec. 255. Conditions for financial assistance.
        ``Sec. 256. Delegation of functions to Small Business 
                            Administration; authorization of 
                            appropriations.
        ``Sec. 257. Administration of financial assistance.
        ``Sec. 258. Protective provisions.
        ``Sec. 259. Penalties.
        ``Sec. 260. Suits.
        ``Sec. 261. Definition of firm.
        ``Sec. 262. Regulations.
        ``Sec. 264. Study by Secretary of Commerce when International 
                            Trade Commission begins investigation; 
                            action where there is affirmative finding.
        ``Sec. 265. Assistance to industries.

               ``Chapter 4--Community Economic Adjustment

        ``Sec. 271. Definitions.
        ``Sec. 272. Office of Community 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 6 and 7.--The table of contents for 
                title II of the Trade Act of 1974, as amended by 
                subparagraph (A), is amended by inserting after the 
                items relating to chapter 5 the 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 
                            Commission begins investigation.
``Sec. 295. Benefit information to agricultural commodity producers.
``Sec. 296. Qualifying requirements for agricultural commodity 
                            producers.
``Sec. 297. Fraud and recovery of overpayments.
``Sec. 298. Authorization of appropriations.

            ``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 (relating to the definition of 
        adjusted gross income) is amended by striking ``trade 
        readjustment allowances under section 231 or 232'' and 
        inserting ``trade adjustment 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:
            ``(8) compensation shall not be denied to an individual 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 pursuant 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 
        availability 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 legislature.--
                                    (I) In general.--If the Secretary 
                                of Labor identifies a State as 
                                requiring a change to its statutes or 
                                regulations in order to comply with the 
                                amendments made by subparagraph (A), 
                                the amendments made by subparagraph (A) 
                                shall apply in the case of compensation 
                                paid for weeks beginning after the 
                                earlier of--
                                            (aa) the date the State 
                                        changes its statutes or 
                                        regulations in order to comply 
                                        with the amendments made by 
                                        this section; or
                                            (bb) the end of the first 
                                        session of the State 
                                        legislature which begins after 
                                        the date of enactment of this 
                                        Act or which began prior to 
                                        such date and remained 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 
                                session 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--
                    (A) in paragraph (1), by striking ``section 223'' 
                and inserting ``section 231'';
                    (B) in paragraph (2), by striking ``and''; and
                    (C) by striking paragraph (3), and inserting the 
                following:
            ``(3) any final determination of the Secretary of 
        Agriculture under section 293 of the Trade Act of 1974 with 
        respect to the eligibility of an agricultural commodity 
        producer (as defined in section 291(2)) for adjustment 
        assistance under such Act; and
            ``(4) any final determination of the Secretary of Commerce 
        under section 299B of the Trade Act of 1974 with respect to the 
        eligibility of a producer (as defined in section 299(2)) for 
        adjustment assistance under such Act.''.
            (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 determination 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 adjustment 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 or is aggrieved by the final 
determination.'';
                    (B) by striking paragraph (3), and inserting the 
                following:
            ``(3) A civil action to review any final determination of 
        the Secretary of Agriculture under section 293 of the Trade Act 
        of 1974 with respect to the eligibility of an agricultural 
        commodity producer for adjustment assistance may be commenced 
        in the Court of International Trade by an agricultural 
        commodity producer that applies for assistance under such Act 
        and is aggrieved by such final determination, or by any other 
        interested party that is aggrieved by such final 
        determination.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) A civil action to review any final determination of 
        the Secretary of Commerce under section 299B of the Trade Act 
        of 1974 with respect to the eligibility of an producer (as 
        defined in section 299(2)) for adjustment assistance may be 
        commenced in the Court of International Trade by a producer 
        that applies for assistance under such Act and is aggrieved by 
        such final determination, or by any other interested party that 
        is aggrieved by such final determination.''.
            (3) Time for commencement of action.--Section 2636(d) of 
        title 28, United States Code, is amended by striking ``under 
        section 223 of the Trade Act of 1974 or a final determination 
        of the Secretary of Commerce under section 251 or section 271 
        of such Act'' and inserting ``under section 231 of the Trade 
        Act of 1974, a final determination of the Secretary of Commerce 
        under section 251 of that Act, a final determination of the 
        Secretary of Agriculture under section 293 of that Act, or a 
        final determination of the Secretary of Commerce under section 
        299B of that Act''.
            (4) Scope and standard of review.--Section 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, a final determination of the Secretary 
        of Agriculture under section 293 of that Act, or a final 
        determination of the Secretary of Commerce under section 299B 
        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 
        inserting ``under section 231 of the Trade Act of 1974, a final 
        determination of the Secretary of Commerce under section 251 of 
        that Act, a final determination of the Secretary of Agriculture 
        under section 293 of that Act, or a final determination of the 
        Secretary of Commerce under section 299B 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 PROVISIONS AND EFFECTIVE DATE

SEC. 801. SAVINGS PROVISIONS.

    (a) Proceedings Not Affected.--
            (1) In general.--The provisions of this division shall not 
        affect any petition for certification for benefits under 
        chapter 2 of title II of the Trade Act of 1974 that was in 
        effect on September 30, 2001. Determinations shall be issued, 
        appeals shall be taken therefrom, and payments shall be made 
        under those determinations, as if this division 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 prohibit the discontinuance or 
        modification of any proceeding under the same terms and 
        conditions and to the same extent that the proceeding could 
        have been discontinued or modified if this division had not 
        been enacted.
    (b) Suits Not Affected.--The provisions of this division 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 manner and with the same effect as if this division 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), titles IX, X, and XI, and subsections (b), 
(c), and (d) of this section, the amendments made by this division 
shall apply to--
            (1) petitions for certification filed under chapter 2 or 3 
        of title II of the Trade Act of 1974 on or after the date that 
        is 90 days after the date of enactment of this Act; and
            (2) 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 enactment of this Act.
    (b) Workers Certified as Eligible Before Effective Date.--
Notwithstanding subsection (a), a worker 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 
September 30, 2001, 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 adjustment 
        assistance benefits under such chapter as in effect on such 
        date; and
            (2) would otherwise be eligible to receive trade adjustment 
        assistance benefits under such chapter as in effect on such 
        date.
    (c) Workers Who Became Eligible During Qualified Period.--
            (1) In general.--Notwithstanding subsection (a) or any 
        other provision of law, including section 285 of the Trade Act 
        of 1974, any worker who would have been eligible to receive 
        trade adjustment assistance or other benefits under chapter 2 
        of title II of the Trade Act if 1974 during the qualified 
        period if such chapter 2 had been in effect during such period, 
        shall 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 September 30, 2001, for any week during 
        the qualified period for which the worker meets the eligibility 
        requirements of such chapter 2 as in effect on September 30, 
        2001.
            (2) Qualified period.--For purposes of this subsection, the 
        term ``qualified period'' means the period beginning on January 
        11, 2002 and ending on the date that is 90 days after the date 
        of enactment of this Act.
    (d) Adjustment Assistance for Firms.--
            (1) In general.--Notwithstanding subsection (a) or any 
        other provision of law, including section 285 of the Trade Act 
        of 1974, and except as provided in paragraph (2) any firm that 
        would have been eligible to receive adjustment assistance under 
        chapter 3 of title II of the Trade Act if 1974 during the 
        qualified period if such chapter 3 had been in effect during 
        such period, shall be eligible to receive adjustment assistance 
        under chapter 3 of title II of the Trade Act of 1974, as in 
        effect on September 30, 2001, for any week during the qualified 
        period for which the firm meets the eligibility requirements of 
        such chapter 3 as in effect on September 30, 2001.
            (2) Qualified period.--For purposes of this subsection, the 
        term ``qualified period'' means the period beginning on October 
        1, 2001 and ending on the date that is 90 days after the date 
        of enactment of this Act.

                      TITLE IX--REVENUE PROVISIONS

SEC. 901. CUSTOM USER FEES.

    Section 13031(j)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking 
``September 30, 2003'' and inserting ``December 31, 2010''.

                   TITLE X--MISCELLANEOUS PROVISIONS

SEC. 1001. COUNTRY OF ORIGIN LABELING OF FISH AND SHELLFISH PRODUCTS.

    (a) Definitions.--In this section:
            (1) Covered commodity.--The term ``covered commodity'' 
        means--
                    (A) a perishable agricultural commodity; and
                    (B) any fish or shellfish, and any fillet, steak, 
                nugget, or any other flesh from fish or shellfish, 
                whether fresh, chilled, frozen, canned, smoked, or 
                otherwise preserved.
            (2) Food service establishment.--The term ``food service 
        establishment'' means a restaurant, cafeteria, lunch room, food 
        stand, saloon, tavern, bar, lounge, or other similar facility 
        operated as an enterprise engaged in the business of selling 
        food to the public.
            (3) Perishable agricultural commodity; retailer.--The terms 
        ``perishable agricultural commodity'' and ``retailer'' have the 
        meanings given the terms in section 1(b) of the Perishable 
        Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Agricultural Marketing 
        Service.
    (b) Notice of Country of Origin.--
            (1) Requirement.--Except as provided in paragraph (3), a 
        retailer of a covered commodity shall inform consumers, at the 
        final point of sale of the covered commodity to consumers, of 
        the country of origin of the covered commodity.
            (2) United states country of origin.--A retailer of a 
        covered commodity may designate the covered commodity as having 
        a United States country of origin only if the covered commodity 
        is exclusively harvested and processed in the United States, or 
        in the case of farm-raised fish and shellfish, is hatched, 
        raised, harvested, and processed in the United States.
            (3) Exemption for food service establishments.--Paragraph 
        (1) shall not apply to a covered commodity if the covered 
        commodity is prepared or served in a food service 
        establishment, and--
                    (A) offered for sale or sold at the food service 
                establishment in normal retail quantities; or
                    (B) served to consumers at the food service 
                establishment.
    (c) Method of Notification.--
            (1) In general.--The information required by subsection (b) 
        may be provided to consumers by means of a label, stamp, mark, 
        placard, or other clear and visible sign on the covered 
        commodity or on the package, display, holding unit, or bin 
        containing the covered commodity at the final point of sale to 
        consumers.
            (2) Labeled commodities.--If the covered commodity is 
        already individually labeled for retail sale regarding country 
        of origin, the retailer shall not be required to provide any 
        additional information to comply with this section.
    (d) Audit Verification System.--The Secretary may require that any 
person that prepares, stores, handles, or distributes a covered 
commodity for retail sale maintain a verifiable recordkeeping audit 
trail that will permit the Secretary to ensure compliance with the 
regulations promulgated under subsection (g).
    (e) Information.--Any person engaged in the business of supplying a 
covered commodity to a retailer shall provide information to the 
retailer indicating the country of origin of the covered commodity.
    (f) Enforcement.--
            (1) In general.--Each Federal agency having jurisdiction 
        over retailers of covered commodities shall, at such time as 
        the necessary regulations are adopted under subsection (g), 
        adopt measures intended to ensure that the requirements of this 
        section are followed by affected retailers.
            (2) Violation.--A violation of subsection (b) shall be 
        treated as a violation under the Agricultural Marketing Act of 
        1946 (7 U.S.C. 1621 et seq.).
    (g) Regulations.--
            (1) In general.--The Secretary may promulgate such 
        regulations as are necessary to carry out this section within 1 
        year after the date of enactment of this Act.
            (2) Partnerships with states.--In promulgating the 
        regulations, the Secretary shall, to the maximum extent 
        practicable, enter into partnerships with States that have the 
        enforcement infrastructure necessary to carry out this section.
    (h) Application.--This section shall apply to the retail sale of a 
covered commodity beginning on the date that is 180 days after the date 
of enactment of this Act.

SEC. 1002. SUGAR POLICY.

    (a) Findings.--Congress finds that--
            (1) the tariff-rate quotas imposed on imports of sugar, 
        syrups and sugar-containing products under chapters 17, 18, 19, 
        and 21 of the Harmonized Tariff Schedule of the United States 
        are an essential element of United States sugar policy;
            (2) circumvention of the tariff-rate quotas will, if 
        unchecked, make it impossible to achieve the objectives of 
        United States sugar policy;
            (3) the tariff-rate quotas have been circumvented 
        frequently, defeating the purposes of United States sugar 
        policy and causing disruption to the United States market for 
        sweeteners, injury to domestic growers, refiners, and 
        processors of sugar, and adversely affecting legitimate 
        exporters of sugar to the United States;
            (4) it is essential to United States sugar policy that the 
        tariff-rate quotas be enforced and that deceptive practices be 
        prevented, including the importation of products with no 
        commercial use and failure to disclose all relevant information 
        to the United States Customs Service; and
            (5) unless action is taken to prevent circumvention, 
        circumvention of the tariff-rate quotas will continue and will 
        ultimately destroy United States sugar policy.
    (b) Policy.--It is the policy of the United States to maintain the 
integrity of the tariff-rate quotas on sugars, syrups, and sugar-
containing products by stopping circumvention as soon as it becomes 
apparent. It is also the policy of the United States that products not 
used to circumvent the tariff-rate quotas, such as molasses used for 
animal feed or for rum, not be affected by any action taken pursuant to 
this Act.
    (c) Identification of Imports.--
            (1) Identification.--Not later than 30 days after the date 
        of enactment of this Act, and on a regular basis thereafter, 
        the Secretary of Agriculture shall--
                    (A) identify imports of articles that are 
                circumventing tariff-rate quotas on sugars, syrups, or 
                sugar-containing products imposed under chapter 17, 18, 
                19, or 21 of the Harmonized Tariff Schedule of the 
                United States; and
                    (B) report to the President the articles found to 
                be circumventing the tariff-rate quotas.
            (2) Action by president.--Upon receiving the report from 
        the Secretary of Agriculture, the President shall, by 
        proclamation, include any article identified by the Secretary 
        in the appropriate tariff-rate quota provision of the 
        Harmonized Tariff Schedule.

                   TITLE XI--CUSTOMS REAUTHORIZATION

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Customs Border Security Act of 
2002''.

               Subtitle A--United States Customs Service

  CHAPTER 1--DRUG ENFORCEMENT AND OTHER NONCOMMERCIAL AND COMMERCIAL 
                               OPERATIONS

SEC. 1111. AUTHORIZATION OF APPROPRIATIONS FOR NONCOMMERCIAL 
              OPERATIONS, COMMERCIAL OPERATIONS, AND AIR AND MARINE 
              INTERDICTION.

    (a) Noncommercial Operations.--Section 301(b)(1) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) 
is amended--
            (1) in subparagraph (A) to read as follows:
                    ``(A) $886,513,000 for fiscal year 2003.''; and
            (2) in subparagraph (B) to read as follows:
                    ``(B) $909,471,000 for fiscal year 2004.''.
    (b) Commercial Operations.--
            (1) In general.--Section 301(b)(2)(A) of the Customs 
        Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
        2075(b)(2)(A)) is amended--
                    (A) in clause (i) to read as follows:
                    ``(i) $1,603,482,000 for fiscal year 2003.''; and
                    (B) in clause (ii) to read as follows:
                    ``(ii) $1,645,009,000 for fiscal year 2004.''.
            (2) Automated commercial environment computer system.--Of 
        the amount made available for each of fiscal years 2003 and 
        2004 under section 301(b)(2)(A) of the Customs Procedural 
        Reform and Simplification Act of 1978 (19 U.S.C. 
        2075(b)(2)(A)), as amended by paragraph (1), $308,000,000 shall 
        be available until expended for each such fiscal year for the 
        development, establishment, and implementation of the Automated 
        Commercial Environment computer system.
            (3) Reports.--Not later than 90 days after the date of 
        enactment of this Act, and not later than each subsequent 90-
        day period, the Commissioner of Customs shall prepare and 
        submit to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate a 
        report demonstrating that the development and establishment of 
        the Automated Commercial Environment computer system is being 
        carried out in a cost-effective manner and meets the 
        modernization requirements of title VI of the North American 
        Free Trade Agreements Implementation Act.
    (c) Air and Marine Interdiction.--Section 301(b)(3) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(3)) 
is amended--
            (1) in subparagraph (A) to read as follows:
                    ``(A) $181,860,000 for fiscal year 2003.''; and
            (2) in subparagraph (B) to read as follows:
                    ``(B) $186,570,000 for fiscal year 2004.''.
    (d) Submission of Out-Year Budget Projections.--Section 301(a) of 
the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(a)) is amended by adding at the end the following:
    ``(3) By not later than the date on which the President submits to 
Congress the budget of the United States Government for a fiscal year, 
the Commissioner of Customs shall submit to the Committee on Ways and 
Means of the House of Representatives and the Committee on Finance of 
the Senate the projected amount of funds for the succeeding fiscal year 
that will be necessary for the operations of the Customs Service as 
provided for in subsection (b).''.

SEC. 1112. ANTITERRORIST AND ILLICIT NARCOTICS DETECTION EQUIPMENT FOR 
              THE UNITED STATES-MEXICO BORDER, UNITED STATES-CANADA 
              BORDER, AND FLORIDA AND THE GULF COAST SEAPORTS.

    (a) Fiscal Year 2003.--Of the amounts made available for fiscal 
year 2003 under section 301(b)(1)(A) of the Customs Procedural Reform 
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by 
section 1111(a) of this title, $90,244,000 shall be available until 
expended for acquisition and other expenses associated with 
implementation and deployment of antiterrorist and illicit narcotics 
detection equipment along the United States-Mexico border, the United 
States-Canada border, and Florida and the Gulf Coast seaports, as 
follows:
            (1) United states-mexico border.--For the United States-
        Mexico border, the following:
                    (A) $6,000,000 for 8 Vehicle and Container 
                Inspection Systems (VACIS).
                    (B) $11,200,000 for 5 mobile truck x-rays with 
                transmission and backscatter imaging.
                    (C) $13,000,000 for the upgrade of 8 fixed-site 
                truck x-rays from the present energy level of 450,000 
                electron volts to 1,000,000 electron volts (1-MeV).
                    (D) $7,200,000 for 8 1-MeV pallet x-rays.
                    (E) $1,000,000 for 200 portable contraband 
                detectors (busters) to be distributed among ports where 
                the current allocations are inadequate.
                    (F) $600,000 for 50 contraband detection kits to be 
                distributed among all southwest border ports based on 
                traffic volume.
                    (G) $500,000 for 25 ultrasonic container inspection 
                units to be distributed among all ports receiving 
                liquid-filled cargo and to ports with a hazardous 
                material inspection facility.
                    (H) $2,450,000 for 7 automated targeting systems.
                    (I) $360,000 for 30 rapid tire deflator systems to 
                be distributed to those ports where port runners are a 
                threat.
                    (J) $480,000 for 20 portable Treasury Enforcement 
                Communications Systems (TECS) terminals to be moved 
                among ports as needed.
                    (K) $1,000,000 for 20 remote watch surveillance 
                camera systems at ports where there are suspicious 
                activities at loading docks, vehicle queues, secondary 
                inspection lanes, or areas where visual surveillance or 
                observation is obscured.
                    (L) $1,254,000 for 57 weigh-in-motion sensors to be 
                distributed among the ports with the greatest volume of 
                outbound traffic.
                    (M) $180,000 for 36 AM traffic information radio 
                stations, with 1 station to be located at each border 
                crossing.
                    (N) $1,040,000 for 260 inbound vehicle counters to 
                be installed at every inbound vehicle lane.
                    (O) $950,000 for 38 spotter camera systems to 
                counter the surveillance of customs inspection 
                activities by persons outside the boundaries of ports 
                where such surveillance activities are occurring.
                    (P) $390,000 for 60 inbound commercial truck 
                transponders to be distributed to all ports of entry.
                    (Q) $1,600,000 for 40 narcotics vapor and particle 
                detectors to be distributed to each border crossing.
                    (R) $400,000 for license plate reader automatic 
                targeting software to be installed at each port to 
                target inbound vehicles.
            (2) United states-canada border.--For the United States-
        Canada border, the following:
                    (A) $3,000,000 for 4 Vehicle and Container 
                Inspection Systems (VACIS).
                    (B) $8,800,000 for 4 mobile truck x-rays with 
                transmission and backscatter imaging.
                    (C) $3,600,000 for 4 1-MeV pallet x-rays.
                    (D) $250,000 for 50 portable contraband detectors 
                (busters) to be distributed among ports where the 
                current allocations are inadequate.
                    (E) $300,000 for 25 contraband detection kits to be 
                distributed among ports based on traffic volume.
                    (F) $240,000 for 10 portable Treasury Enforcement 
                Communications Systems (TECS) terminals to be moved 
                among ports as needed.
                    (G) $400,000 for 10 narcotics vapor and particle 
                detectors to be distributed to each border crossing 
                based on traffic volume.
            (3) Florida and gulf coast seaports.--For Florida and the 
        Gulf Coast seaports, the following:
                    (A) $4,500,000 for 6 Vehicle and Container 
                Inspection Systems (VACIS).
                    (B) $11,800,000 for 5 mobile truck x-rays with 
                transmission and backscatter imaging.
                    (C) $7,200,000 for 8 1-MeV pallet x-rays.
                    (D) $250,000 for 50 portable contraband detectors 
                (busters) to be distributed among ports where the 
                current allocations are inadequate.
                    (E) $300,000 for 25 contraband detection kits to be 
                distributed among ports based on traffic volume.
    (b) Fiscal Year 2004.--Of the amounts made available for fiscal 
year 2004 under section 301(b)(1)(B) of the Customs Procedural Reform 
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by 
section 1111(a) of this title, $9,000,000 shall be available until 
expended for the maintenance and support of the equipment and training 
of personnel to maintain and support the equipment described in 
subsection (a).
    (c) Acquisition of Technologically Superior Equipment; Transfer of 
Funds.--
            (1) In general.--The Commissioner of Customs may use 
        amounts made available for fiscal year 2003 under section 
        301(b)(1)(A) of the Customs Procedural Reform and 
        Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as 
        amended by section 1111(a) of this title, for the acquisition 
        of equipment other than the equipment described in subsection 
        (a) if such other equipment--
                    (A)(i) is technologically superior to the equipment 
                described in subsection (a); and
                    (ii) will achieve at least the same results at a 
                cost that is the same or less than the equipment 
                described in subsection (a); or
                    (B) can be obtained at a lower cost than the 
                equipment described in subsection (a).
            (2) Transfer of funds.--Notwithstanding any other provision 
        of this section, the Commissioner of Customs may reallocate an 
        amount not to exceed 10 percent of--
                    (A) the amount specified in any of subparagraphs 
                (A) through (R) of subsection (a)(1) for equipment 
                specified in any other of such subparagraphs (A) 
                through (R);
                    (B) the amount specified in any of subparagraphs 
                (A) through (G) of subsection (a)(2) for equipment 
                specified in any other of such subparagraphs (A) 
                through (G); and
                    (C) the amount specified in any of subparagraphs 
                (A) through (E) of subsection (a)(3) for equipment 
                specified in any other of such subparagraphs (A) 
                through (E).

SEC. 1113. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.

    As part of the annual performance plan for each of the fiscal years 
2003 and 2004 covering each program activity set forth in the budget of 
the United States Customs Service, as required under section 1115 of 
title 31, United States Code, the Commissioner of Customs shall 
establish performance goals, performance indicators, and comply with 
all other requirements contained in paragraphs (1) through (6) of 
subsection (a) of such section with respect to each of the activities 
to be carried out pursuant to sections 1121 of this title.

     CHAPTER 2--CHILD CYBER-SMUGGLING CENTER OF THE CUSTOMS SERVICE

SEC. 1121. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO PREVENT CHILD 
              PORNOGRAPHY/CHILD SEXUAL EXPLOITATION.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Customs Service $10,000,000 for fiscal year 2003 to 
carry out the program to prevent child pornography/child sexual 
exploitation established by the Child Cyber-Smuggling Center of the 
Customs Service.
    (b) Use of Amounts for Child Pornography Cyber Tipline.--Of the 
amount appropriated under subsection (a), the Customs Service shall 
provide 3.75 percent of such amount to the National Center for Missing 
and Exploited Children for the operation of the child pornography cyber 
tipline of the Center and for increased public awareness of the 
tipline.

                  CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 1131. ADDITIONAL CUSTOMS SERVICE OFFICERS FOR UNITED STATES-CANADA 
              BORDER.

    Of the amount made available for fiscal year 2003 under paragraphs 
(1) and (2)(A) of section 301(b) of the Customs Procedural Reform and 
Simplification Act of 1978 (19 U.S.C. 2075(b)), as amended by section 
1111 of this title, $25,000,000 shall be available until expended for 
the Customs Service to hire approximately 285 additional Customs 
Service officers to address the needs of the offices and ports along 
the United States-Canada border.

SEC. 1132. STUDY AND REPORT RELATING TO PERSONNEL PRACTICES OF THE 
              CUSTOMS SERVICE.

    (a) Study.--The Commissioner of Customs shall conduct a study of 
current personnel practices of the Customs Service, including an 
overview of performance standards and the effect and impact of the 
collective bargaining process on drug interdiction efforts of the 
Customs Service and a comparison of duty rotation policies of the 
Customs Service and other Federal agencies that employ similarly-
situated personnel.
    (b) Report.--Not later than 120 days after the date of enactment of 
this Act, the Commissioner of Customs shall submit to the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate a report containing the results of the study 
conducted under subsection (a).

SEC. 1133. STUDY AND REPORT RELATING TO ACCOUNTING AND AUDITING 
              PROCEDURES OF THE CUSTOMS SERVICE.

    (a) Study.--(1) The Commissioner of Customs shall conduct a study 
of actions by the Customs Service to ensure that appropriate training 
is being provided to Customs Service personnel who are responsible for 
financial auditing of importers.
    (2) In conducting the study, the Commissioner--
            (A) shall specifically identify those actions taken to 
        comply with provisions of law that protect the privacy and 
        trade secrets of importers, such as section 552(b) of title 5, 
        United States Code, and section 1905 of title 18, United States 
        Code; and
            (B) shall provide for public notice and comment relating to 
        verification of the actions described in subparagraph (A).
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Commissioner of Customs shall submit to the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate a report containing the results of the study 
conducted under subsection (a).

SEC. 1134. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; 
              REPORTS.

    (a) Establishment and Implementation.--
            (1) In general.--Not later than September 30, 2003, the 
        Commissioner of Customs shall, in accordance with the audit of 
        the Customs Service's fiscal years 2000 and 1999 financial 
        statements (as contained in the report of the Office of the 
        Inspector General of the Department of the Treasury issued on 
        February 23, 2001), establish and implement a cost accounting 
        system for expenses incurred in both commercial and 
        noncommercial operations of the Customs Service.
            (2) Additional requirement.--The cost accounting system 
        described in paragraph (1) shall provide for an identification 
        of expenses based on the type of operation, the port at which 
        the operation took place, the amount of time spent on the 
        operation by personnel of the Customs Service, and an 
        identification of expenses based on any other appropriate 
        classification necessary to provide for an accurate and 
        complete accounting of the expenses.
    (b) Reports.--Beginning on the date of enactment of this Act and 
ending on the date on which the cost accounting system described in 
subsection (a) is fully implemented, the Commissioner of Customs shall 
prepare and submit to Congress on a quarterly basis a report on the 
progress of implementing the cost accounting system pursuant to 
subsection (a).

SEC. 1135. STUDY AND REPORT RELATING TO TIMELINESS OF PROSPECTIVE 
              RULINGS.

    (a) Study.--The Comptroller General shall conduct a study on the 
extent to which the Office of Regulations and Rulings of the Customs 
Service has made improvements to decrease the amount of time to issue 
prospective rulings from the date on which a request for the ruling is 
received by the Customs Service.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on Ways 
and Means of the House of Representatives and the Committee on Finance 
of the Senate a report containing the results of the study conducted 
under subsection (a).
    (c) Definition.--In this section, the term ``prospective ruling'' 
means a ruling that is requested by an importer on goods that are 
proposed to be imported into the United States and that relates to the 
proper classification, valuation, or marking of such goods.

SEC. 1136. STUDY AND REPORT RELATING TO CUSTOMS USER FEES.

    (a) Study.--The Comptroller General shall conduct a study on the 
extent to which the amount of each customs user fee imposed under 
section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c(a)) is commensurate with the level of services 
provided by the Customs Service relating to the fee so imposed.
    (b) Report.--Not later than 120 days after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on Ways 
and Means of the House of Representatives and the Committee on Finance 
of the Senate a report in classified form containing--
            (1) the results of the study conducted under subsection 
        (a); and
            (2) recommendations for the appropriate amount of the 
        customs user fees if such results indicate that the fees are 
        not commensurate with the level of services provided by the 
        Customs Service.

SEC. 1137. AUTHORIZATION OF APPROPRIATIONS FOR CUSTOMS STAFFING.

    There are authorized to be appropriated to the Department of 
Treasury such sums as may be necessary to provide an increase in the 
annual rate of basic pay--
            (1) for all journeyman Customs inspectors and Canine 
        Enforcement Officers who have completed at least one year's 
        service and are receiving an annual rate of basic pay for 
        positions at GS-9 of the General Schedule under section 5332 of 
        title 5, United States Code, from the annual rate of basic pay 
        payable for positions at GS-9 of the General Schedule under 
        section 5332, to an annual rate of basic pay payable for 
        positions at GS-11 of the General Schedule under such section 
        5332; and
            (2) for the support staff associated with the personnel 
        described in subparagraph (A), at the appropriate GS level of 
        the General Schedule under such section 5332.

                  CHAPTER 4--ANTITERRORISM PROVISIONS

SEC. 1141. EMERGENCY ADJUSTMENTS TO OFFICES, PORTS OF ENTRY, OR 
              STAFFING OF THE CUSTOMS SERVICE.

    Section 318 of the Tariff Act of 1930 (19 U.S.C. 1318) is amended--
            (1) by striking ``Whenever the President'' and inserting 
        ``(a) Whenever the President''; and
            (2) by adding at the end the following:
    ``(b)(1) Notwithstanding any other provision of law, the Secretary 
of the Treasury, when necessary to respond to a national emergency 
declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) or 
to a specific threat to human life or national interests, is authorized 
to take the following actions on a temporary basis:
            ``(A) Eliminate, consolidate, or relocate any office or 
        port of entry of the Customs Service.
            ``(B) Modify hours of service, alter services rendered at 
        any location, or reduce the number of employees at any 
        location.
            ``(C) Take any other action that may be necessary to 
        directly respond to the national emergency or specific threat.
    ``(2) Notwithstanding any other provision of law, the Commissioner 
of Customs, when necessary to respond to a specific threat to human 
life or national interests, is authorized to close temporarily any 
Customs office or port of entry or take any other lesser action that 
may be necessary to respond to the specific threat.
    ``(3) The Secretary of the Treasury or the Commissioner of Customs, 
as the case may be, shall notify the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate not 
later than 72 hours after taking any action under paragraph (1) or 
(2).''.

SEC. 1142. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO AND 
              PASSENGERS.

    (a) Cargo Information.--
            (1) In general.--Section 431(b) of the Tariff Act of 1930 
        (19 U.S.C. 1431(b)) is amended--
                    (A) in the first sentence, by striking ``Any 
                manifest'' and inserting ``(1) Any manifest''; and
                    (B) by adding at the end the following:
    ``(2) In addition to any other requirement under this section, for 
each land, air, or vessel carrier required to make entry or obtain 
clearance under the customs laws of the United States, the pilot, the 
master, operator, or owner of such carrier (or the authorized agent of 
such operator or owner) shall provide by electronic transmission cargo 
manifest information in advance of such entry or clearance in such 
manner, time, and form as prescribed under regulations by the 
Secretary. The Secretary may exclude any class of land, air, or vessel 
carrier for which the Secretary concludes the requirements of this 
subparagraph are not necessary.''.
            (2) Conforming amendments.--Subparagraphs (A) and (C) of 
        section 431(d)(1) of such Act are each amended by inserting 
        before the semicolon ``or subsection (b)(2)''.
    (b) Passenger Information.--Part II of title IV of the Tariff Act 
of 1930 (19 U.S.C. 1431 et seq.) is amended by inserting after section 
431 the following:

``SEC. 432. PASSENGER AND CREW MANIFEST INFORMATION REQUIRED FOR LAND, 
              AIR, OR VESSEL CARRIERS.

    ``(a) In General.--For every person arriving or departing on a 
land, air, or vessel carrier required to make entry or obtain clearance 
under the customs laws of the United States, the pilot, the master, 
operator, or owner of such carrier (or the authorized agent of such 
operator or owner) shall provide by electronic transmission manifest 
information described in subsection (b) in advance of such entry or 
clearance in such manner, time, and form as prescribed under 
regulations by the Secretary.
    ``(b) Information Described.--The information described in this 
subsection shall include for each person described in subsection (a), 
the person's--
            ``(1) full name;
            ``(2) date of birth and citizenship;
            ``(3) gender;
            ``(4) passport number and country of issuance;
            ``(5) United States visa number or resident alien card 
        number, as applicable;
            ``(6) passenger name record; and
            ``(7) such additional information that the Secretary, by 
        regulation, determines is reasonably necessary to ensure 
        aviation and maritime safety pursuant to the laws enforced or 
        administered by the Customs Service.''.
    (c) Definition.--Section 401 of the Tariff Act of 1930 (19 U.S.C. 
1401) is amended by adding at the end the following:
    ``(t) The term `land, air, or vessel carrier' means a land, air, or 
vessel carrier, as the case may be, that transports goods or passengers 
for payment or other consideration, including money or services 
rendered.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect beginning 45 days after the date of enactment of this Act.

SEC. 1143. BORDER SEARCH AUTHORITY FOR CERTAIN CONTRABAND IN OUTBOUND 
              MAIL.

    (a) In General.--The Tariff Act of 1930 is amended by inserting 
after section 582 the following:

``SEC. 583. EXAMINATION OF OUTBOUND MAIL.

    ``(a) Examination.--
            ``(1) In general.--For purposes of ensuring compliance with 
        the Customs laws of the United States and other laws enforced 
        by the Customs Service, including the provisions of law 
        described in paragraph (2), a Customs officer may, subject to 
        the provisions of this section, stop and search at the border, 
        without a search warrant, mail of domestic origin transmitted 
        for export by the United States Postal Service and foreign mail 
        transiting the United States that is being imported or exported 
        by the United States Postal Service.
            ``(2) Provisions of law described.--The provisions of law 
        described in this paragraph are the following:
                    ``(A) Section 5316 of title 31, United States Code 
                (relating to reports on exporting and importing 
                monetary instruments).
                    ``(B) Sections 1461, 1463, 1465, and 1466, and 
                chapter 110 of title 18, United States Code (relating 
                to obscenity and child pornography).
                    ``(C) Section 1003 of the Controlled Substances 
                Import and Export Act (relating to exportation of 
                controlled substances) (21 U.S.C. 953).
                    ``(D) The Export Administration Act of 1979 (50 
                U.S.C. App. 2401 et seq.).
                    ``(E) Section 38 of the Arms Export Control Act (22 
                U.S.C. 2778).
                    ``(F) The International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.).
    ``(b) Search of Mail Not Sealed Against Inspection and Other 
Mail.--Mail not sealed against inspection under the postal laws and 
regulations of the United States, mail which bears a Customs 
declaration, and mail with respect to which the sender or addressee has 
consented in writing to search, may be searched by a Customs officer.
    ``(c) Search of Mail Sealed Against Inspection Weighing in Excess 
of 16 Ounces.--
    ``(1) In general.--Mail weighing in excess of 16 ounces sealed 
against inspection under the postal laws and regulations of the United 
States may be searched by a Customs officer, subject to paragraph (2), 
if there is reasonable cause to suspect that such mail contains one or 
more of the following:
            ``(A) Monetary instruments, as defined in section 1956 of 
        title 18, United States Code.
            ``(B) A weapon of mass destruction, as defined in section 
        2332a(b) of title 18, United States Code.
            ``(C) A drug or other substance listed in schedule I, II, 
        III, or IV in section 202 of the Controlled Substances Act (21 
        U.S.C. 812).
            ``(D) National defense and related information transmitted 
        in violation of any of sections 793 through 798 of title 18, 
        United States Code.
            ``(E) Merchandise mailed in violation of section 1715 or 
        1716 of title 18, United States Code.
            ``(F) Merchandise mailed in violation of any provision of 
        chapter 71 (relating to obscenity) or chapter 110 (relating to 
        sexual exploitation and other abuse of children) of title 18, 
        United States Code.
            ``(G) Merchandise mailed in violation of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).
            ``(H) Merchandise mailed in violation of section 38 of the 
        Arms Export Control Act (22 U.S.C. 2778).
            ``(I) Merchandise mailed in violation of the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
            ``(J) Merchandise mailed in violation of the Trading with 
        the Enemy Act (50 U.S.C. App. 1 et seq.).
            ``(K) Merchandise subject to any other law enforced by the 
        Customs Service.
            ``(2) Limitation.--No person acting under the authority of 
        paragraph (1) shall read, or authorize any other person to 
        read, any correspondence contained in mail sealed against 
        inspection unless prior to so reading--
                    ``(A) a search warrant has been issued pursuant to 
                rule 41 of the Federal Rules of Criminal Procedure; or
                    ``(B) the sender or addressee has given written 
                authorization for such reading.
    ``(d) Search of Mail Sealed Against Inspection Weighing 16 Ounces 
or Less.--Notwithstanding any other provision of this section, 
subsection (a)(1) shall not apply to mail weighing 16 ounces or less 
sealed against inspection under the postal laws and regulations of the 
United States.''.
    (b) Certification by Secretary.--Not later than 3 months after the 
date of enactment of this section, the Secretary of State shall 
determine whether the application of section 583 of the Tariff Act of 
1930 to foreign mail transiting the United States that is imported or 
exported by the United States Postal Service is being handled in a 
manner consistent with international law and any international 
obligation of the United States. Section 583 of such Act shall not 
apply to such foreign mail unless the Secretary certifies to Congress 
that the application of such section 583 is consistent with 
international law and any international obligation of the United 
States.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        section and the amendments made by this section shall take 
        effect on the date of enactment of this Act.
            (2) Certification with respect to foreign mail.--The 
        provisions of section 583 of the Tariff Act of 1930 relating to 
        foreign mail transiting the United States that is imported or 
        exported by the United States Postal Service shall not take 
        effect until the Secretary of State certifies to Congress, 
        pursuant to subsection (b), that the application of such 
        section 583 is consistent with international law and any 
        international obligation of the United States.

SEC. 1144. AUTHORIZATION OF APPROPRIATIONS FOR REESTABLISHMENT OF 
              CUSTOMS OPERATIONS IN NEW YORK CITY.

    (a) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated for 
        the reestablishment of operations of the Customs Service in New 
        York, New York, such sums as may be necessary for fiscal year 
        2003.
            (2) Operations described.--The operations referred to in 
        paragraph (1) include, but are not limited to, the following:
                    (A) Operations relating to the Port Director of New 
                York City, the New York Customs Management Center 
                (including the Director of Field Operations), and the 
                Special Agent-In-Charge for New York.
                    (B) Commercial operations, including textile 
                enforcement operations and salaries and expenses of--
                            (i) trade specialists who determine the 
                        origin and value of merchandise;
                            (ii) analysts who monitor the entry data 
                        into the United States of textiles and textile 
                        products; and
                            (iii) Customs officials who work with 
                        foreign governments to examine textile makers 
                        and verify entry information.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.

              CHAPTER 5--TEXTILE TRANSSHIPMENT PROVISIONS

SEC. 1151. GAO AUDIT OF TEXTILE TRANSSHIPMENT MONITORING BY CUSTOMS 
              SERVICE.

    (a) GAO Audit.--The Comptroller General of the United States shall 
conduct an audit of the system established and carried out by the 
Customs Service to monitor textile transshipment.
    (b) Report.--Not later than 9 months after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on Ways 
and Means of the House of Representatives and Committee on Finance of 
the Senate a report that contains the results of the study conducted 
under subsection (a), including recommendations for improvements to the 
transshipment monitoring system if applicable.
    (c) Transshipment Described.--Transshipment within the meaning of 
this section has occurred when preferential treatment under any 
provision of law has been claimed for a textile or apparel article on 
the basis of material false information concerning the country of 
origin, manufacture, processing, or assembly of the article or any of 
its components. For purposes of the preceding sentence, false 
information is material if disclosure of the true information would 
mean or would have meant that the article is or was ineligible for 
preferential treatment under the provision of law in question.

SEC. 1152. AUTHORIZATION OF APPROPRIATIONS FOR TEXTILE TRANSSHIPMENT 
              ENFORCEMENT OPERATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated for 
        textile transshipment enforcement operations of the Customs 
        Service $9,500,000 for fiscal year 2003.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.
    (b) Use of Funds.--Of the amount appropriated pursuant to the 
authorization of appropriations under subsection (a), the following 
amounts are authorized to be made available for the following purposes:
            (1) Import specialists.--$1,463,000 for 21 Customs import 
        specialists to be assigned to selected ports for documentation 
        review to support detentions and exclusions and 1 additional 
        Customs import specialist assigned to the Customs headquarters 
        textile program to administer the program and provide 
        oversight.
            (2) Inspectors.--$652,080 for 10 Customs inspectors to be 
        assigned to selected ports to examine targeted high-risk 
        shipments.
            (3) Investigators.--(A) $1,165,380 for 10 investigators to 
        be assigned to selected ports to investigate instances of 
        smuggling, quota and trade agreement circumvention, and use of 
        counterfeit visas to enter inadmissible goods.
            (B) $149,603 for 1 investigator to be assigned to Customs 
        headquarters textile program to coordinate and ensure 
        implementation of textile production verification team results 
        from an investigation perspective.
            (4) International trade specialists.--$226,500 for 3 
        international trade specialists to be assigned to Customs 
        headquarters to be dedicated to illegal textile transshipment 
        policy issues and other free trade agreement enforcement 
        issues.
            (5) Permanent import specialists for hong kong.--$500,000 
        for 2 permanent import specialist positions and $500,000 for 2 
        investigators to be assigned to Hong Kong to work with Hong 
        Kong and other government authorities in Southeast Asia to 
        assist such authorities pursue proactive enforcement of 
        bilateral trade agreements.
            (6) Various permanent trade positions.--$3,500,000 for the 
        following:
                    (A) 2 permanent positions to be assigned to the 
                Customs attache office in Central America to address 
                trade enforcement issues for that region.
                    (B) 2 permanent positions to be assigned to the 
                Customs attache office in South Africa to address trade 
                enforcement issues pursuant to the African Growth and 
                Opportunity Act (title I of Public Law 106-200).
                    (C) 4 permanent positions to be assigned to the 
                Customs attache office in Mexico to address the threat 
                of illegal textile transshipment through Mexico and 
                other related issues under the North American Free 
                Trade Agreement Act.
                    (D) 2 permanent positions to be assigned to the 
                Customs attache office in Seoul, South Korea, to 
                address the trade issues in the geographic region.
                    (E) 2 permanent positions to be assigned to the 
                proposed Customs attache office in New Delhi, India, to 
                address the threat of illegal textile transshipment and 
                other trade enforcement issues.
                    (F) 2 permanent positions to be assigned to the 
                Customs attache office in Rome, Italy, to address trade 
                enforcement issues in the geographic region, including 
                issues under free trade agreements with Jordan and 
                Israel.
            (7) Attorneys.--$179,886 for 2 attorneys for the Office of 
        the Chief Counsel of the Customs Service to pursue cases 
        regarding illegal textile transshipment.
            (8) Auditors.--$510,000 for 6 Customs auditors to perform 
        internal control reviews and document and record reviews of 
        suspect importers.
            (9) Additional travel funds.--$250,000 for deployment of 
        additional textile production verification teams to sub-Saharan 
        Africa.
            (10) Training.--(A) $75,000 for training of Customs 
        personnel.
            (B) $200,000 for training for foreign counterparts in risk 
        management analytical techniques and for teaching factory 
        inspection techniques, model law Development, and enforcement 
        techniques.
            (11) Outreach.--$60,000 for outreach efforts to United 
        States importers.

SEC. 1153. IMPLEMENTATION OF THE AFRICAN GROWTH AND OPPORTUNITY ACT.

    Of the amount made available for fiscal year 2003 under section 
301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of 
1978 (19 U.S.C. 2075(b)(2)(A)), as amended by section 1111(b)(1) of 
this title, $1,317,000 shall be available until expended for the 
Customs Service to provide technical assistance to help sub-Saharan 
Africa countries develop and implement effective visa and anti-
transshipment systems as required by the African Growth and Opportunity 
Act (title I of Public Law 106-200), as follows:
            (1) Travel funds.--$600,000 for import specialists, special 
        agents, and other qualified Customs personnel to travel to sub-
        Saharan Africa countries to provide technical assistance in 
        developing and implementing effective visa and anti-
        transshipment systems.
            (2) Import specialists.--$266,000 for 4 import specialists 
        to be assigned to Customs headquarters to be dedicated to 
        providing technical assistance to sub-Saharan African countries 
        for developing and implementing effective visa and anti-
        transshipment systems.
            (3) Data reconciliation analysts.--$151,000 for 2 data 
        reconciliation analysts to review apparel shipments.
            (4) Special agents.--$300,000 for 2 special agents to be 
        assigned to Customs headquarters to be available to provide 
        technical assistance to sub-Saharan African countries in the 
        performance of investigations and other enforcement 
        initiatives.

      Subtitle B--Office of the United States Trade Representative

SEC. 1161. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 141(g)(1) of the Trade Act of 1974 (19 
U.S.C. 2171(g)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``not to exceed'';
                    (B) in clause (i) to read as follows:
            ``(i) $30,000,000 for fiscal year 2003.''; and
                    (C) in clause (ii) to read as follows:
            ``(ii) $31,000,000 for fiscal year 2004.''; and
            (2) in subparagraph (B)--
                    (A) in clause (i), by adding ``and'' at the end;
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii).
    (b) Submission of Out-Year Budget Projections.--Section 141(g) of 
the Trade Act of 1974 (19 U.S.C. 2171(g)) is amended by adding at the 
end the following:
    ``(3) By not later than the date on which the President submits to 
Congress the budget of the United States Government for a fiscal year, 
the United States Trade Representative shall submit to the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate the projected amount of funds for the succeeding 
fiscal year that will be necessary for the Office to carry out its 
functions.''.
    (c) Additional Staff for Office of Assistant U.S. Trade 
Representative for Congressional Affairs.--
            (1) In general.--There is authorized to be appropriated 
        such sums as may be necessary for fiscal year 2003 for the 
        salaries and expenses of two additional legislative specialist 
        employee positions within the Office of the Assistant United 
        States Trade Representative for Congressional Affairs.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.

        Subtitle C--United States International Trade Commission

SEC. 1171. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 330(e)(2)(A) of the Tariff Act of 1930 (19 
U.S.C. 1330(e)(2)) is amended--
            (1) in clause (i) to read as follows:
            ``(i) $51,400,000 for fiscal year 2003.''; and
            (2) in clause (ii) to read as follows:
            ``(ii) $53,400,000 for fiscal year 2004.''.
    (b) Submission of Out-Year Budget Projections.--Section 330(e) of 
the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended by adding at 
the end the following:
    ``(4) By not later than the date on which the President submits to 
Congress the budget of the United States Government for a fiscal year, 
the Commission shall submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate the 
projected amount of funds for the succeeding fiscal year that will be 
necessary for the Commission to carry out its functions.''.

                   Subtitle D--Other Trade Provisions

SEC. 1181. INCREASE IN AGGREGATE VALUE OF ARTICLES EXEMPT FROM DUTY 
              ACQUIRED ABROAD BY UNITED STATES RESIDENTS.

    (a) In General.--Subheading 9804.00.65 of the Harmonized Tariff 
Schedule of the United States is amended in the article description 
column by striking ``$400'' and inserting ``$800''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 90 days after the date of enactment of this Act.

SEC. 1182. REGULATORY AUDIT PROCEDURES.

    Section 509(b) of the Tariff Act of 1930 (19 U.S.C. 1509(b)) is 
amended by adding at the end the following:
            ``(6)(A) If during the course of any audit concluded under 
        this subsection, the Customs Service identifies overpayments of 
        duties or fees or over-declarations of quantities or values 
        that are within the time period and scope of the audit that the 
        Customs Service has defined, then in calculating the loss of 
        revenue or monetary penalties under section 592, the Customs 
        Service shall treat the overpayments or over-declarations on 
        finally liquidated entries as an offset to any underpayments or 
        underdeclarations also identified on finally liquidated entries 
        if such overpayments or over-declarations were not made by the 
        person being audited for the purpose of violating any provision 
        of law.
            ``(B) Nothing in this paragraph shall be construed to 
        authorize a refund not otherwise authorized under section 
        520.''.

                      Subtitle E--Sense of Senate

SEC. 1191. SENSE OF SENATE.

    It is the sense of the Senate that fees collected for certain 
customs services (commonly referred to as ``customs user fees'') 
provided for in section 13031 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c) may be used only for the 
operations and programs of the United States Customs Service.

            DIVISION B--BIPARTISAN TRADE PROMOTION AUTHORITY

                  TITLE XXI--TRADE PROMOTION AUTHORITY

SEC. 2101. SHORT TITLE; FINDINGS.

    (a) Short Title.--This title may be cited as the ``Bipartisan Trade 
Promotion Authority Act of 2002''.
    (b) Findings.--Congress makes the following findings:
            (1) The expansion of international trade is vital to the 
        national security of the United States. Trade is critical to 
        the economic growth and strength of the United States and to 
        its leadership in the world. Stable trading relationships 
        promote security and prosperity. Trade agreements today serve 
        the same purposes that security pacts played during the Cold 
        War, binding nations together through a series of mutual rights 
        and obligations. Leadership by the United States in 
        international trade fosters open markets, democracy, and peace 
        throughout the world.
            (2) The national security of the United States depends on 
        its economic security, which in turn is founded upon a vibrant 
        and growing industrial base. Trade expansion has been the 
        engine of economic growth. Trade agreements maximize 
        opportunities for the critical sectors and building blocks of 
        the economy of the United States, such as information 
        technology, telecommunications and other leading technologies, 
        basic industries, capital equipment, medical equipment, 
        services, agriculture, environmental technology, and 
        intellectual property. Trade will create new opportunities for 
        the United States and preserve the unparalleled strength of the 
        United States in economic, political, and military affairs. The 
        United States, secured by expanding trade and economic 
        opportunities, will meet the challenges of the twenty-first 
        century.
            (3) Support for continued trade expansion requires that 
        dispute settlement procedures under international trade 
        agreements not add to or diminish the rights and obligations 
        provided in such agreements. Nevertheless, in several cases, 
        dispute settlement panels and the WTO Appellate Body have added 
        to obligations and diminished rights of the United States under 
        WTO Agreements. In particular, dispute settlement panels and 
        the Appellate Body have--
                    (A) given insufficient deference to the expertise 
                and fact-finding of the Department of Commerce and the 
                United States International Trade Commission;
                    (B) imposed an obligation concerning the causal 
                relationship between increased imports into the United 
                States and serious injury to domestic industry 
                necessary to support a safeguard measure that is 
                different from the obligation set forth in the 
                applicable WTO Agreements;
                    (C) imposed an obligation concerning the exclusion 
                from safeguards measures of products imported from 
                countries party to a free trade agreement that is 
                different from the obligation set forth in the 
                applicable WTO Agreements;
                    (D) imposed obligations on the Department of 
                Commerce with respect to the use of facts available in 
                antidumping investigations that are different from the 
                obligations set forth in the applicable WTO Agreements; 
                and
                    (E) accorded insufficient deference to the 
                Department of Commerce's methodology for adjusting 
                countervailing duties following the privatization of a 
                subsidized foreign producer.

SEC. 2102. TRADE NEGOTIATING OBJECTIVES.

    (a) Overall Trade Negotiating Objectives.--The overall trade 
negotiating objectives of the United States for agreements subject to 
the provisions of section 2103 are--
            (1) to obtain more open, equitable, and reciprocal market 
        access;
            (2) to obtain the reduction or elimination of barriers and 
        distortions that are directly related to trade and that 
        decrease market opportunities for United States exports or 
        otherwise distort United States trade;
            (3) to further strengthen the system of international 
        trading disciplines and procedures, including dispute 
        settlement;
            (4) to foster economic growth, raise living standards, and 
        promote full employment in the United States and to enhance the 
        global economy;
            (5) to ensure that trade and environmental policies are 
        mutually supportive and to seek to protect and preserve the 
        environment and enhance the international means of doing so, 
        while optimizing the use of the world's resources;
            (6) to promote respect for worker rights and the rights of 
        children consistent with core labor standards of the 
        International Labor Organization (as defined in section 
        2113(2)) and an understanding of the relationship between trade 
        and worker rights;
            (7) to seek provisions in trade agreements under which 
        parties to those agreements strive to ensure that they do not 
        weaken or reduce the protections afforded in domestic 
        environmental and labor laws as an encouragement fortrade; and
            (8) to ensure that trade agreements afford small businesses 
        equal access to international markets, equitable trade 
        benefits, expanded export market opportunities, and provide for 
        the reduction or elimination of trade barriers that 
        disproportionately impact small business.
    (b) Principal Trade Negotiating Objectives.--
            (1) Trade barriers and distortions.--The principal 
        negotiating objectives of the United States regarding trade 
        barriers and other trade distortions are--
                    (A) to expand competitive market opportunities for 
                United States exports including motor vehicles and 
                vehicle parts and to obtain fairer and more open 
                conditions of trade by reducing or eliminating tariff 
                and nontariff barriers and policies and practices of 
                foreign governments directly related to trade that 
                decrease market opportunities for United States exports 
                or otherwise distort United States trade; and
                    (B) to obtain reciprocal tariff and nontariff 
                barrier elimination agreements, with particular 
                attention to those tariff categories covered in section 
                111(b) of the Uruguay Round Agreements Act (19 U.S.C. 
                3521(b)).
            (2) Trade in services.--The principal negotiating objective 
        of the United States regarding trade in services is to reduce 
        or eliminate barriers to international trade in services, 
        including regulatory and other barriers that deny national 
        treatment and market access or unreasonably restrict the 
        establishment or operations of service suppliers.
            (3) Foreign investment.--Recognizing that United States law 
        on the whole provides a high level of protection for 
        investment, consistent with or greater than the level required 
        by international law, the principal negotiating objectives of 
        the United States regarding foreign investment are to reduce or 
        eliminate artificial or trade-distorting barriers to trade-
        related foreign investment, while ensuring that foreign 
        investors in the United States are not accorded greater rights 
        than United States investors in the United States, and to 
        secure for investors important rights comparable to those that 
        would be available under United States legal principles and 
        practice, by--
                    (A) reducing or eliminating exceptions to the 
                principle of national treatment;
                    (B) freeing the transfer of funds relating to 
                investments;
                    (C) reducing or eliminating performance 
                requirements, forced technology transfers, and other 
                unreasonable barriers to the establishment and 
                operation of investments;
                    (D) seeking to establish standards for 
                expropriation and compensation for expropriation, 
                consistent with United States legal principles and 
                practice;
                    (E) seeking to establish standards for fair and 
                equitable treatment consistent with United States legal 
                principles and practice, including the principle of due 
                process;
                    (F) providing meaningful procedures for resolving 
                investment disputes;
                    (G) seeking to improve mechanisms used to resolve 
                disputes between an investor and a government through--
                            (i) mechanisms to eliminate frivolous 
                        claims and to deter the filing of frivolous 
                        claims;
                            (ii) procedures to ensure the efficient 
                        selection of arbitrators and the expeditious 
                        disposition of claims;
                            (iii) procedures to enhance opportunities 
                        for public input into the formulation of 
                        government positions; and
                            (iv) establishment of a single appellate 
                        body to review decisions in investor-to-
                        government disputes and thereby provide 
                        coherence to the interpretations of investment 
                        provisions in trade agreements; and
                    (H) ensuring the fullest measure of transparency in 
                the dispute settlement mechanism, to the extent 
                consistent with the need to protect information that is 
                classified or business confidential, by--
                            (i) ensuring that all requests for dispute 
                        settlement are promptly made public;
                            (ii) ensuring that--
                                    (I) all proceedings, submissions, 
                                findings, and decisions are promptly 
                                made public;
                                    (II) all hearings are open to the 
                                public; and
                            (iii) establishing a mechanism for 
                        acceptance of amicus curiae submissions from 
                        businesses, unions, and nongovernmental 
                        organizations.
            (4) Intellectual property.--The principal negotiating 
        objectives of the United States regarding trade-related 
        intellectual property are--
                    (A) to further promote adequate and effective 
                protection of intellectual property rights, including 
                through--
                            (i)(I) ensuring accelerated and full 
                        implementation of the Agreement on Trade-
                        Related Aspects of Intellectual Property Rights 
                        referred to in section 101(d)(15) of the 
                        Uruguay Round Agreements Act (19 U.S.C. 
                        3511(d)(15)), particularly with respect to 
                        meeting enforcement obligations under that 
                        agreement; and
                            (II) ensuring that the provisions of any 
                        multilateral or bilateral trade agreement 
                        governing intellectual property rights that is 
                        entered into by the United States reflect a 
                        standard of protection similar to that found in 
                        United States law;
                            (ii) providing strong protection for new 
                        and emerging technologies and new methods of 
                        transmitting and distributing products 
                        embodying intellectual property;
                            (iii) preventing or eliminating 
                        discrimination with respect to matters 
                        affecting the availability, acquisition, scope, 
                        maintenance, use, and enforcement of 
                        intellectual property rights;
                            (iv) ensuring that standards of protection 
                        and enforcement keep pace with technological 
                        developments, and in particular ensuring that 
                        rightholders have the legal and technological 
                        means to control the use of their works through 
                        the Internet and other global communication 
                        media, and to prevent the unauthorized use of 
                        their works; and
                            (v) providing strong enforcement of 
                        intellectual property rights, including through 
                        accessible, expeditious, and effective civil, 
                        administrative, and criminal enforcement 
                        mechanisms;
                    (B) to secure fair, equitable, and 
                nondiscriminatory market access opportunities for 
                United States persons that rely upon intellectual 
                property protection; and
                    (C) to respect the Declaration on the TRIPS 
                Agreement and Public Health, adopted by the World Trade 
                Organization at the Fourth Ministerial Conference at 
                Doha, Qatar on November 14, 2001.
            (5) Transparency.--The principal negotiating objective of 
        the United States with respect to transparency is to obtain 
        wider and broader application of the principle of transparency 
        through--
                    (A) increased and more timely public access to 
                information regarding trade issues and the activities 
                of international trade institutions;
                    (B) increased openness at the WTO and other 
                international trade fora by increasing public access to 
                appropriate meetings, proceedings, and submissions, 
                including with regard to dispute settlement and 
                investment; and
                    (C) increased and more timely public access to all 
                notifications and supporting documentation submitted by 
                parties to the WTO.
            (6) Anti-corruption.--The principal negotiating objectives 
        of the United States with respect to the use of money or other 
        things of value to influence acts, decisions, or omissions of 
        foreign governments or officials or to secure any improper 
        advantage in a manner affecting trade are--
                    (A) to obtain high standards and appropriate 
                domestic enforcement mechanisms applicable to persons 
                from all countries participating in the applicable 
                trade agreement that prohibit such attempts to 
                influence acts, decisions, or omissions of foreign 
                governments; and
                    (B) to ensure that such standards do not place 
                United States persons at a competitive disadvantage in 
                international trade.
            (7) Improvement of the wto and multilateral trade 
        agreements.--The principal negotiating objectives of the United 
        States regarding the improvement of the World Trade 
        Organization, the Uruguay Round Agreements, and other 
        multilateral and bilateral trade agreements are--
                    (A) to achieve full implementation and extend the 
                coverage of the World Trade Organization and such 
                agreements to products, sectors, and conditions of 
                trade not adequately covered; and
                    (B) to expand country participation in and 
                enhancement of the Information Technology Agreement and 
                other trade agreements.
            (8) Regulatory practices.--The principal negotiating 
        objectives of the United States regarding the use of government 
        regulation or other practices by foreign governments to provide 
        a competitive advantage to their domestic producers, service 
        providers, or investors and thereby reduce market access for 
        United States goods, services, and investments are--
                    (A) to achieve increased transparency and 
                opportunity for the participation of affected parties 
                in the development of regulations;
                    (B) to require that proposed regulations be based 
                on sound science, cost-benefit analysis, risk 
                assessment, or other objective evidence;
                    (C) to establish consultative mechanisms among 
                parties to trade agreements to promote increased 
                transparency in developing guidelines, rules, 
                regulations, and laws for government procurement and 
                other regulatory regimes; and
                    (D) to achieve the elimination of government 
                measures such as price controls and reference pricing 
                which deny full market access for United States 
                products.
            (9) Electronic commerce.--The principal negotiating 
        objectives of the United States with respect to electronic 
        commerce are--
                    (A) to ensure that current obligations, rules, 
                disciplines, and commitments under the World Trade 
                Organization apply to electronic commerce;
                    (B) to ensure that--
                            (i) electronically delivered goods and 
                        services receive no less favorable treatment 
                        under trade rules and commitments than like 
                        products delivered in physical form; and
                            (ii) the classification of such goods and 
                        services ensures the most liberal trade 
                        treatment possible;
                    (C) to ensure that governments refrain from 
                implementing trade-related measures that impede 
                electronic commerce;
                    (D) where legitimate policy objectives require 
                domestic regulations that affect electronic commerce, 
                to obtain commitments that any such regulations are the 
                least restrictive on trade, nondiscriminatory, and 
                transparent, and promote an open market environment; 
                and
                    (E) to extend the moratorium of the World Trade 
                Organization on duties on electronic transmissions.
            (10) Reciprocal trade in agriculture.--
                    (A) In general.--The principal negotiating 
                objective of the United States with respect to 
                agriculture is to obtain competitive opportunities for 
                United States exports of agricultural commodities in 
                foreign markets substantially equivalent to the 
                competitive opportunities afforded foreign exports in 
                United States markets and to achieve fairer and more 
                open conditions of trade in bulk, specialty crop, and 
                value-added commodities by--
                            (i) reducing or eliminating, by a date 
                        certain, tariffs or other charges that decrease 
                        market opportunities for United States 
                        exports--
                                    (I) giving priority to those 
                                products that are subject to 
                                significantly higher tariffs or subsidy 
                                regimes of major producing countries; 
                                and
                                    (II) providing reasonable 
                                adjustment periods for United States 
                                import-sensitive products, in close 
                                consultation with the Congress on such 
                                products before initiating tariff 
                                reduction negotiations;
                            (ii) reducing tariffs to levels that are 
                        the same as or lower than those in the United 
                        States;
                            (iii) seeking to eliminate all export 
                        subsidies on agricultural commodities while 
                        maintaining bona fide food aid and preserving 
                        United States agricultural market development 
                        and export credit programs that allow the 
                        United States to compete with other foreign 
                        export promotion efforts;
                            (iv) allowing the preservation of programs 
                        that support family farms and rural communities 
                        but do not distort trade;
                            (v) developing disciplines for domestic 
                        support programs, so that production that is in 
                        excess of domestic food security needs is sold 
                        at world prices;
                            (vi) eliminating Government policies that 
                        create price-depressing surpluses;
                            (vii) eliminating state trading enterprises 
                        whenever possible;
                            (viii) developing, strengthening, and 
                        clarifying rules and effective dispute 
                        settlement mechanisms to eliminate practices 
                        that unfairly decrease United States market 
                        access opportunities or distort agricultural 
                        markets to the detriment of the United States, 
                        particularly with respect to import-sensitive 
                        products, including--
                                    (I) unfair or trade-distorting 
                                activities of state trading enterprises 
                                and other administrative mechanisms, 
                                with emphasis on requiring price 
                                transparency in the operation of state 
                                trading enterprises and such other 
                                mechanisms in order to end cross 
                                subsidization, price discrimination, 
                                and price undercutting;
                                    (II) unjustified trade restrictions 
                                or commercial requirements, such as 
                                labeling, that affect new technologies, 
                                including biotechnology;
                                    (III) unjustified sanitary or 
                                phytosanitary restrictions, including 
                                those not based on scientific 
                                principles in contravention of the 
                                Uruguay Round Agreements;
                                    (IV) other unjustified technical 
                                barriers to trade; and
                                    (V) restrictive rules in the 
                                administration of tariff rate quotas;
                            (ix) eliminating practices that adversely 
                        affect trade in perishable or cyclical 
                        products, while improving import relief 
                        mechanisms to recognize the unique 
                        characteristics of perishable and cyclical 
                        agriculture;
                            (x) ensuring that the use of import relief 
                        mechanisms for perishable and cyclical 
                        agriculture are as accessible and timely to 
                        growers in the United States as those 
                        mechanisms that are used by other countries;
                            (xi) taking into account whether a party to 
                        the negotiations has failed to adhere to the 
                        provisions of already existing trade agreements 
                        with the United States or has circumvented 
                        obligations under those agreements;
                            (xii) taking into account whether a product 
                        is subject to market distortions by reason of a 
                        failure of a major producing country to adhere 
                        to the provisions of already existing trade 
                        agreements with the United States or by the 
                        circumvention by that country of its 
                        obligations under those agreements;
                            (xiii) otherwise ensuring that countries 
                        that accede to the World Trade Organization 
                        have made meaningful market liberalization 
                        commitments in agriculture;
                            (xiv) taking into account the impact that 
                        agreements covering agriculture to which the 
                        United States is a party, including the North 
                        American Free Trade Agreement, have on the 
                        United States agricultural industry;
                            (xv) maintaining bona fide food assistance 
                        programs and preserving United States market 
                        development and export credit programs; and
                            (xvi) strive to complete a general 
                        multilateral round in the World Trade 
                        Organization by January 1, 2005, and seek the 
                        broadest market access possible in 
                        multilateral, regional, and bilateral 
                        negotiations, recognizing the effect that 
                        simultaneous sets of negotiations may have on 
                        United States import-sensitive commodities 
                        (including those subject to tariff-rate 
                        quotas).
                    (B) Consultation.--
                            (i) Before commencing negotiations.--Before 
                        commencing negotiations with respect to 
                        agriculture, the United States Trade 
                        Representative, in consultation with the 
                        Congress, shall seek to develop a position on 
                        the treatment of seasonal and perishable 
                        agricultural products to be employed in the 
                        negotiations in order to develop an 
                        international consensus on the treatment of 
                        seasonal or perishable agricultural products in 
                        investigations relating to dumping and 
                        safeguards and in any other relevant area.
                            (ii) During negotiations.--During any 
                        negotiations on agricultural subsidies, the 
                        United States Trade Representative shall seek 
                        to establish the common base year for 
                        calculating the Aggregated Measurement of 
                        Support (as defined in the Agreement on 
                        Agriculture) as the end of each country's 
                        Uruguay Round implementation period, as 
                        reported in each country's Uruguay Round market 
                        access schedule.
                            (iii) Scope of objective.--The negotiating 
                        objective provided in subparagraph (A) applies 
                        with respect to agricultural matters to be 
                        addressed in any trade agreement entered into 
                        under section 2103 (a) or (b), including any 
                        trade agreement entered into under section 2103 
                        (a) or (b) that provides for accession to a 
                        trade agreement to which the United States is 
                        already a party, such as the North American 
                        Free Trade Agreement and the United States-
                        Canada Free Trade Agreement.
            (11) Labor and the environment.--The principal negotiating 
        objectives of the United States with respect to labor and the 
        environment are--
                    (A) to ensure that a party to a trade agreement 
                with the United States does not fail to effectively 
                enforce its environmental or labor laws, through a 
                sustained or recurring course of action or inaction, in 
                a manner affecting trade between the United States and 
                that party after entry into force of a trade agreement 
                between those countries;
                    (B) to recognize that parties to a trade agreement 
                retain the right to exercise discretion with respect to 
                investigatory, prosecutorial, regulatory, and 
                compliance matters and to make decisions regarding the 
                allocation of resources to enforcement with respect to 
                other labor or environmental matters determined to have 
                higher priorities, and to recognize that a country is 
                effectively enforcing its laws if a course of action or 
                inaction reflects a reasonable exercise of such 
                discretion, or results from a bona fide decision 
                regarding the allocation of resources and no 
                retaliation may be authorized based on the exercise of 
                these rights or the right to establish domestic labor 
                standards and levels of environmental protection;
                    (C) to strengthen the capacity of United States 
                trading partners to promote respect for core labor 
                standards (as defined in section 2113(2));
                    (D) to strengthen the capacity of United States 
                trading partners to protect the environment through the 
                promotion of sustainable development;
                    (E) to reduce or eliminate government practices or 
                policies that unduly threaten sustainable development;
                    (F) to seek market access, through the elimination 
                of tariffs and nontariff barriers, for United States 
                environmental technologies, goods, and services; and
                    (G) to ensure that labor, environmental, health, or 
                safety policies and practices of the parties to trade 
                agreements with the United States do not arbitrarily or 
                unjustifiably discriminate against United States 
                exports or serve as disguised barriers to trade.
            (12) Human rights and democracy.--The principal negotiating 
        objective regarding human rights and democracy is to obtain 
        provisions in trade agreements that require parties to those 
        agreements to strive to protect internationally recognized 
        civil, political, and human rights.
            (13) Dispute settlement and enforcement.--The principal 
        negotiating objectives of the United States with respect to 
        dispute settlement and enforcement of trade agreements are--
                    (A) to seek provisions in trade agreements 
                providing for resolution of disputes between 
                governments under those trade agreements in an 
                effective, timely, transparent, equitable, and reasoned 
                manner, requiring determinations based on facts and the 
                principles of the agreements, with the goal of 
                increasing compliance with the agreements;
                    (B) to seek to strengthen the capacity of the Trade 
                Policy Review Mechanism of the World Trade Organization 
                to review compliance with commitments;
                    (C) to seek improved adherence by panels convened 
                under the WTO Understanding on Rules and Procedures 
                Governing the Settlement of Disputes and by the WTO 
                Appellate Body to the standard of review applicable 
                under the WTO Agreement involved in the dispute, 
                including greater deference, where appropriate, to the 
                fact finding and technical expertise of national 
                investigating authorities;
                    (D) to seek provisions encouraging the early 
                identification and settlement of disputes through 
                consultation;
                    (E) to seek provisions to encourage the provision 
                of trade-expanding compensation if a party to a dispute 
                under the agreement does not come into compliance with 
                its obligations under the agreement;
                    (F) to seek provisions to impose a penalty upon a 
                party to a dispute under the agreement that--
                            (i) encourages compliance with the 
                        obligations of the agreement;
                            (ii) is appropriate to the parties, nature, 
                        subject matter, and scope of the violation; and
                            (iii) has the aim of not adversely 
                        affecting parties or interests not party to the 
                        dispute while maintaining the effectiveness of 
                        the enforcement mechanism; and
                    (G) to seek provisions that treat United States 
                principal negotiating objectives equally with respect 
                to--
                            (i) the ability to resort to dispute 
                        settlement under the applicable agreement;
                            (ii) the availability of equivalent dispute 
                        settlement procedures; and
                            (iii) the availability of equivalent 
                        remedies.
            (14) Border taxes.--The principal negotiating objective of 
        the United States regarding border taxes is to obtain a 
        revision of the WTO rules with respect to the treatment of 
        border adjustments for internal taxes to redress the 
        disadvantage to countries relying primarily on direct taxes for 
        revenue rather than indirect taxes.
            (15) WTO extended negotiations.--The principal negotiating 
        objectives of the United States regarding trade in civil 
        aircraft are those set forth in section 135(c) of the Uruguay 
        Round Agreements Act (19 U.S.C. 3355(c)) and regarding rules of 
        origin are the conclusion of an agreement described in section 
        132 of that Act (19 U.S.C. 3552).
            (16) Textile negotiations.--
                    (A) In general.--The principal negotiating 
                objectives of the United States with respect to trade 
                in textiles and apparel articles is to obtain 
                competitive opportunities for United States exports of 
                textiles and apparel in foreign markets substantially 
                equivalent to the competitive opportunities afforded 
                foreign exports in United States markets and to achieve 
                fairer and more open conditions of trade in textiles 
                and apparel by--
                            (i) reducing to levels that are the same 
                        as, or lower than, those in the United States, 
                        or eliminating, by a date certain, tariffs or 
                        other charges that decrease market 
                        opportunities for United States exports of 
                        textiles and apparel;
                            (ii) eliminating by a date certain non-
                        tariff barriers that decrease market 
                        opportunities for United States textile and 
                        apparel articles;
                            (iii) reducing or eliminating subsidies 
                        that decrease market opportunities for United 
                        States exports or unfairly distort textile and 
                        apparel markets to the detriment of the United 
                        States;
                            (iv) developing, strengthening, and 
                        clarifying rules to eliminate practices that 
                        unfairly decrease United States market access 
                        opportunities or distort textile and apparel 
                        markets to the detriment of the United States;
                            (v) taking into account whether a party to 
                        the negotiations has failed to adhere to the 
                        provisions of already existing trade agreements 
                        with the United States or has circumvented 
                        obligations under those agreements;
                            (vi) taking into account whether a product 
                        is subject to market distortions by reason of a 
                        failure of a major producing country to adhere 
                        to the provisions of already existing trade 
                        agreements with the United States or by the 
                        circumvention by that country of its 
                        obligations under those agreements;
                            (vii) otherwise ensuring that countries 
                        that accede to the World Trade Organization 
                        have made meaningful market liberalization 
                        commitments in textiles and apparel; and
                            (viii) taking into account the impact that 
                        agreements covering textiles and apparel trade 
                        to which the United States is already a party 
                        are having on the United States textile and 
                        apparel industry.
                    (B) Scope of objective.--The negotiating objectives 
                set forth in subparagraph (A) apply with respect to 
                trade in textile and apparel articles to be addressed 
                in any trade agreement entered into under section 2103 
                (a) or (b), including any trade agreement entered under 
                section 2103 (a) or (b) that provides for accession to 
                a trade agreement to which the United States is already 
                a party.
            (17) Worst forms of child labor.--The principal negotiating 
        objectives of the United States regarding the trade-related 
        aspects of the worst forms of child labor are--
                    (A) to prevent distortions in the conduct of 
                international trade caused by the use of the worst 
                forms of child labor, in whole or in part, in the 
                production of goods for export in international 
                commerce; and
                    (B) to redress unfair and illegitimate competition 
                based upon the use of the worst forms of child labor, 
                in whole or in part, in the production of goods for 
                export in international commerce, including through--
                            (i) promoting universal ratification and 
                        full compliance by all trading nations with ILO 
                        Convention No. 182 Concerning the Prohibition 
                        and Immediate Action for the Elimination of the 
                        Worst Forms of Child Labor, particularly with 
                        respect to meeting enforcement obligations 
                        under that Convention and related international 
                        agreements;
                            (ii) pursuing action under Article XX of 
                        GATT 1994 to allow WTO members to restrict 
                        imports of goods found to be produced with the 
                        worst forms of child labor;
                            (iii) seeking commitments by parties to any 
                        multilateral or bilateral trade agreement that 
                        is entered into by the United States to ensure 
                        that national laws reflect international 
                        standards regarding prevention of the use of 
                        the worst forms of child labor, especially in 
                        the conduct of international trade; and
                            (iv) seeking commitments by trade agreement 
                        parties to vigorously enforce laws prohibiting 
                        the use of the worst forms of child labor, 
                        especially in the conduct of international 
                        trade, through accessible, expeditious, and 
                        effective civil, administrative, and criminal 
                        enforcement mechanisms.
    (c) Promotion of Certain Priorities.--In order to address and 
maintain United States competitiveness in the global economy, the 
President shall--
            (1) seek greater cooperation between the WTO and the ILO;
            (2) seek to establish consultative mechanisms among parties 
        to trade agreements to strengthen the capacity of United States 
        trading partners to promote respect for core labor standards 
        (as defined in section 2113(2)), and report to the Committee on 
        Ways and Means of the House of Representatives and the 
        Committee on Finance of the Senate on the content and operation 
        of such mechanisms;
            (3) seek to establish consultative mechanisms among parties 
        to trade agreements to strengthen the capacity of United States 
        trading partners to develop and implement standards for the 
        protection of the environment and human health based on sound 
        science, and report to the Committee on Ways and Means of the 
        House of Representatives and the Committee on Finance of the 
        Senate on the content and operation of such mechanisms;
            (4) conduct environmental reviews of future trade and 
        investment agreements, consistent with Executive Order 13141 of 
        November 16, 1999 and the relevant guidelines, and report to 
        the Committee on Ways and Means of the House of Representatives 
        and the Committee on Finance of the Senate on such reviews;
            (5) review the impact of future trade agreements on United 
        States employment, modeled after Executive Order 13141, taking 
        into account the impact on job security, the level of 
        compensation of new jobs and existing jobs, the displacement of 
        employment, and the regional distribution of employment, 
        utilizing experience from previous trade agreements and 
        alternative models of employment analysis, report to the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Finance of the Senate on such review, and make 
        that report available to the public;
            (6) take into account other legitimate United States 
        domestic objectives including, but not limited to, the 
        protection of legitimate health or safety, essential security, 
        and consumer interests and the law and regulations related 
        thereto;
            (7) have the Secretary of Labor consult with any country 
        seeking a trade agreement with the United States concerning 
        that country's labor laws and provide technical assistance to 
        that country if needed;
            (8) in connection with any trade negotiations entered into 
        under this Act, the President shall submit to the Committee on 
        Ways and Means of the House of Representatives and the 
        Committee on Finance of the Senate a meaningful labor rights 
        report of the country, or countries, with respect to which the 
        President is negotiating, on a time frame determined in 
        accordance with section 2107(b)(2)(E);
            (9)(A) preserve the ability of the United States to enforce 
        rigorously its trade laws, including the antidumping, 
        countervailing duty, and safeguard laws, and avoid agreements 
        that lessen the effectiveness of domestic and international 
        disciplines on unfair trade, especially dumping and subsidies, 
        or that lessen the effectiveness of domestic and international 
        safeguard provisions, in order to ensure that United States 
        workers, agricultural producers, and firms can compete fully on 
        fair terms and enjoy the benefits of reciprocal trade 
        concessions; and
            (B) address and remedy market distortions that lead to 
        dumping and subsidization, including overcapacity, 
        cartelization, and market-access barriers.
            (10) continue to promote consideration of multilateral 
        environmental agreements and consult with parties to such 
        agreements regarding the consistency of any such agreement that 
        includes trade measures with existing environmental exceptions 
        under Article XX of the GATT 1994;
            (11) report to the Committee on Ways and Means of the House 
        of Representatives and the Committee on Finance of the Senate, 
        not later than 12 months after the imposition of a penalty or 
        remedy by the United States permitted by a trade agreement to 
        which this title applies, on the effectiveness of the penalty 
        or remedy applied under United States law in enforcing United 
        States rights under the trade agreement; and
            (12) seek to establish consultative mechanisms among 
        parties to trade agreements to examine the trade consequences 
        of significant and unanticipated currency movements and to 
        scrutinize whether a foreign government engaged in a pattern of 
        manipulating its currency to promote a competitive advantage in 
        international trade.
The report required under paragraph (11) shall address whether the 
penalty or remedy was effective in changing the behavior of the 
targeted party and whether the penalty or remedy had any adverse impact 
on parties or interests not party to the dispute.
    (d) Consultations.--
            (1) Consultations with congressional advisers.--In the 
        course of negotiations conducted under this title, the United 
        States Trade Representative shall consult closely and on a 
        timely basis with, and keep fully apprised of the negotiations, 
        the Congressional Oversight Group convened under section 2107 
        and all committees of the House of Representatives and the 
        Senate with jurisdiction over laws that would be affected by a 
        trade agreement resulting from the negotiations.
            (2) Consultation before agreement initialed.--In the course 
        of negotiations conducted under this title, the United States 
        Trade Representative shall--
                    (A) consult closely and on a timely basis 
                (including immediately before initialing an agreement) 
                with, and keep fully apprised of the negotiations, the 
                congressional advisers for trade policy and 
                negotiations appointed under section 161 of the Trade 
                Act of 1974 (19 U.S.C. 2211), the Committee on Ways and 
                Means of the House of Representatives, the Committee on 
                Finance of the Senate, and the Congressional Oversight 
                Group convened under section 2107; and
                    (B) with regard to any negotiations and agreement 
                relating to agricultural trade, also consult closely 
                and on a timely basis (including immediately before 
                initialing an agreement) with, and keep fully apprised 
                of the negotiations, the Committee on Agriculture of 
                the House of Representatives and the Committee on 
                Agriculture, Nutrition, and Forestry of the Senate.
    (e) Adherence to Obligations Under Uruguay Round Agreements.--In 
determining whether to enter into negotiations with a particular 
country, the President shall take into account the extent to which that 
country has implemented, or has accelerated the implementation of, its 
obligations under the Uruguay Round Agreements.

SEC. 2103. TRADE AGREEMENTS AUTHORITY.

    (a) Agreements Regarding Tariff Barriers.--
            (1) In general.--Whenever the President determines that one 
        or more existing duties or other import restrictions of any 
        foreign country or the United States are unduly burdening and 
        restricting the foreign trade of the United States and that the 
        purposes, policies, priorities, and objectives of this title 
        will be promoted thereby, the President--
                    (A) may enter into trade agreements with foreign 
                countries before--
                            (i) June 1, 2005; or
                            (ii) June 1, 2007, if trade authorities 
                        procedures are extended under subsection (c); 
                        and
                    (B) may, subject to paragraphs (2) and (3), 
                proclaim--
                            (i) such modification or continuance of any 
                        existing duty,
                            (ii) such continuance of existing duty-free 
                        or excise treatment, or
                            (iii) such additional duties,
                as the President determines to be required or 
                appropriate to carry out any such trade agreement.
        The President shall notify the Congress of the President's 
        intention to enter into an agreement under this subsection.
            (2) Limitations.--No proclamation may be made under 
        paragraph (1) that--
                    (A) reduces any rate of duty (other than a rate of 
                duty that does not exceed 5 percent ad valorem on the 
                date of the enactment of this Act) to a rate of duty 
                which is less than 50 percent of the rate of such duty 
                that applies on such date of enactment;
                    (B) reduces the rate of duty below that applicable 
                under the Uruguay Round Agreements, on any import 
                sensitive agricultural product; or
                    (C) increases any rate of duty above the rate that 
                applied on the date of the enactment of this Act.
            (3) Aggregate reduction; exemption from staging.--
                    (A) Aggregate reduction.--Except as provided in 
                subparagraph (B), the aggregate reduction in the rate 
                of duty on any article which is in effect on any day 
                pursuant to a trade agreement entered into under 
                paragraph (1) shall not exceed the aggregate reduction 
                which would have been in effect on such day if--
                            (i) a reduction of 3 percent ad valorem or 
                        a reduction of one-tenth of the total 
                        reduction, whichever is greater, had taken 
                        effect on the effective date of the first 
                        reduction proclaimed under paragraph (1) to 
                        carry out such agreement with respect to such 
                        article; and
                            (ii) a reduction equal to the amount 
                        applicable under clause (i) had taken effect at 
                        1-year intervals after the effective date of 
                        such first reduction.
                    (B) Exemption from staging.--No staging is required 
                under subparagraph (A) with respect to a duty reduction 
                that is proclaimed under paragraph (1) for an article 
                of a kind that is not produced in the United States. 
                The United States International Trade Commission shall 
                advise the President of the identity of articles that 
                may be exempted from staging under this subparagraph.
            (4) Rounding.--If the President determines that such action 
        will simplify the computation of reductions under paragraph 
        (3), the President may round an annual reduction by an amount 
        equal to the lesser of--
                    (A) the difference between the reduction without 
                regard to this paragraph and the next lower whole 
                number; or
                    (B) one-half of 1 percent ad valorem.
            (5) Other limitations.--A rate of duty reduction that may 
        not be proclaimed by reason of paragraph (2) may take effect 
        only if a provision authorizing such reduction is included 
        within an implementing bill provided for under section 2105 and 
        that bill is enacted into law.
            (6) Other tariff modifications.--Notwithstanding paragraphs 
        (1)(B), (2)(A), (2)(C), and (3) through (5), and subject to the 
        consultation and layover requirements of section 115 of the 
        Uruguay Round Agreements Act, the President may proclaim the 
        modification of any duty or staged rate reduction of any duty 
        set forth in Schedule XX, as defined in section 2102(5) of that 
        Act, if the United States agrees to such modification or staged 
        rate reduction in a negotiation for the reciprocal elimination 
        or harmonization of duties under the auspices of the World 
        Trade Organization.
            (7) Authority under uruguay round agreements act not 
        affected.--Nothing in this subsection shall limit the authority 
        provided to the President under section 111(b) of the Uruguay 
        Round Agreements Act (19 U.S.C. 3521(b)).
    (b) Agreements Regarding Tariff and Nontariff Barriers.--
            (1) In general.--
                    (A) Determination by president.--Whenever the 
                President determines that--
                            (i) one or more existing duties or any 
                        other import restriction of any foreign country 
                        or the United States or any other barrier to, 
                        or other distortion of, international trade 
                        unduly burdens or restricts the foreign trade 
                        of the United States or adversely affects the 
                        United States economy; or
                            (ii) the imposition of any such barrier or 
                        distortion is likely to result in such a 
                        burden, restriction, or effect;
                and that the purposes, policies, priorities, and 
                objectives of this title will be promoted thereby, the 
                President may enter into a trade agreement described in 
                subparagraph (B) during the period described in 
                subparagraph (C).
                    (B) Agreement to reduce or eliminate certain 
                distortion.--The President may enter into a trade 
                agreement under subparagraph (A) with foreign countries 
                providing for--
                            (i) the reduction or elimination of a duty, 
                        restriction, barrier, or other distortion 
                        described in subparagraph (A), or
                            (ii) the prohibition of, or limitation on 
                        the imposition of, such barrier or other 
                        distortion.
                    (C) Time period.--The President may enter into a 
                trade agreement under this paragraph before--
                            (i) June 1, 2005; or
                            (ii) June 1, 2007, if trade authorities 
                        procedures are extended under subsection (c).
            (2) Conditions.--A trade agreement may be entered into 
        under this subsection only if such agreement makes progress in 
        meeting the applicable objectives described in section 2102 (a) 
        and (b) and the President satisfies the conditions set forth in 
        section 2104.
            (3) Bills qualifying for trade authorities procedures.--
                    (A) Application of expedited procedures.--The 
                provisions of section 151 of the Trade Act of 1974 (in 
                this title referred to as ``trade authorities 
                procedures'') apply to a bill of either House of 
                Congress which contains provisions described in 
                subparagraph (B) to the same extent as such section 151 
                applies to implementing bills under that section. A 
                bill to which this paragraph applies shall hereafter in 
                this title be referred to as an ``implementing bill''.
                    (B) Provisions described.--The provisions referred 
                to in subparagraph (A) are--
                            (i) a provision approving a trade agreement 
                        entered into under this subsection and 
                        approving the statement of administrative 
                        action, if any, proposed to implement such 
                        trade agreement; and
                            (ii) if changes in existing laws or new 
                        statutory authority are required to implement 
                        such trade agreement or agreements, provisions, 
                        necessary or appropriate to implement such 
                        trade agreement or agreements, either repealing 
                        or amending existing laws or providing new 
                        statutory authority.
            (4) Limitations on trade authorities procedures.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the provisions of section 151 of the 
                Trade Act of 1974 (trade authorities procedures) shall 
                not apply to any provision in an implementing bill 
                being considered by the Senate that modifies or amends, 
                or requires a modification of, or an amendment to, any 
                law of the United States that provides safeguards from 
                unfair foreign trade practices to United States 
                businesses or workers, including--
                            (i) imposition of countervailing and 
                        antidumping duties (title VII of the Tariff Act 
                        of 1930; 19 U.S.C. 1671 et seq.);
                            (ii) protection from unfair methods of 
                        competition and unfair acts in the importation 
                        of articles (section 337 of the Tariff Act of 
                        1930; 19 U.S.C. 1337);
                            (iii) relief from injury caused by import 
                        competition (title II of the Trade Act of 1974; 
                        19 U.S.C. 2251 et seq.);
                            (iv) relief from unfair trade practices 
                        (title III of the Trade Act of 1974; 19 U.S.C. 
                        2411 et seq.); or
                            (v) national security import restrictions 
                        (section 232 of the Trade Expansion Act of 
                        1962; 19 U.S.C. 1862).
                    (B) Point of order in senate.--
                            (i) In general.--When the Senate is 
                        considering an implementing bill, upon a point 
                        of order being made by any Senator against any 
                        part of the implementing bill that contains 
                        material in violation of subparagraph (A), and 
                        the point of order is sustained by the 
                        Presiding Officer, the part of the implementing 
                        bill against which the point of order is 
                        sustained shall be stricken from the bill.
                            (ii) Waivers and appeals.--
                                    (I) Waivers.--Before the Presiding 
                                Officer rules on a point of order 
                                described in clause (i), any Senator 
                                may move to waive the point of order 
                                and the motion to waive shall not be 
                                subject to amendment. A point of order 
                                described in clause (i) is waived only 
                                by the affirmative vote of a majority 
                                of the Members of the Senate, duly 
                                chosen and sworn.
                                    (II) Appeals.--After the Presiding 
                                Officer rules on a point of order under 
                                this subparagraph, any Senator may 
                                appeal the ruling of the Presiding 
                                Officer on the point of order as it 
                                applies to some or all of the 
                                provisions on which the Presiding 
                                Officer ruled. A ruling of the 
                                Presiding Officer on a point of order 
                                described in clause (i) is sustained 
                                unless a majority of the Members of the 
                                Senate, duly chosen and sworn, vote not 
                                to sustain the ruling.
                                    (III) Debate.--Debate on a motion 
                                to waive under subclause (I) or on an 
                                appeal of the ruling of the Presiding 
                                Officer under subclause (II) shall be 
                                limited to 1 hour. The time shall be 
                                equally divided between, and controlled 
                                by, the majority leader and the 
                                minority leader, or their designees.
    (c) Extension Disapproval Process for Congressional Trade 
Authorities Procedures.--
            (1) In general.--Except as provided in section 2105(b)--
                    (A) the trade authorities procedures apply to 
                implementing bills submitted with respect to trade 
                agreements entered into under subsection (b) before 
                July 1, 2005; and
                    (B) the trade authorities procedures shall be 
                extended to implementing bills submitted with respect 
                to trade agreements entered into under subsection (b) 
                after June 30, 2005, and before July 1, 2007, if (and 
                only if)--
                            (i) the President requests such extension 
                        under paragraph (2); and
                            (ii) neither House of the Congress adopts 
                        an extension disapproval resolution under 
                        paragraph (5) before June 1, 2005.
            (2) Report to congress by the president.--If the President 
        is of the opinion that the trade authorities procedures should 
        be extended to implementing bills described in paragraph 
        (1)(B), the President shall submit to the Congress, not later 
        than March 1, 2005, a written report that contains a request 
        for such extension, together with--
                    (A) a description of all trade agreements that have 
                been negotiated under subsection (b) and the 
                anticipated schedule for submitting such agreements to 
                the Congress for approval;
                    (B) a description of the progress that has been 
                made in negotiations to achieve the purposes, policies, 
                priorities, and objectives of this title, and a 
                statement that such progress justifies the continuation 
                of negotiations; and
                    (C) a statement of the reasons why the extension is 
                needed to complete the negotiations.
            (3) Other reports to congress.--
                    (A) Report by the advisory committee.--The 
                President shall promptly inform the Advisory Committee 
                for Trade Policy and Negotiations established under 
                section 135 of the Trade Act of 1974 (19 U.S.C. 2155) 
                of the President's decision to submit a report to the 
                Congress under paragraph (2). The Advisory Committee 
                shall submit to the Congress as soon as practicable, 
                but not later than May 1, 2005, a written report that 
                contains--
                            (i) its views regarding the progress that 
                        has been made in negotiations to achieve the 
                        purposes, policies, priorities, and objectives 
                        of this title; and
                            (ii) a statement of its views, and the 
                        reasons therefor, regarding whether the 
                        extension requested under paragraph (2) should 
                        be approved or disapproved.
                    (B) Report by itc.--The President shall promptly 
                inform the International Trade Commission of the 
                President's decision to submit a report to the Congress 
                under paragraph (2). The International Trade Commission 
                shall submit to the Congress as soon as practicable, 
                but not later than May 1, 2005, a written report that 
                contains a review and analysis of the economic impact 
                on the United States of all trade agreements 
                implemented between the date of enactment of this Act 
                and the date on which the President decides to seek an 
                extension requested under paragraph (2).
            (4) Status of reports.--The reports submitted to the 
        Congress under paragraphs (2) and (3), or any portion of such 
        reports, may be classified to the extent the President 
        determines appropriate.
            (5) Extension disapproval resolutions.--
                    (A) Definition.--For purposes of paragraph (1), the 
                term ``extension disapproval resolution'' means a 
                resolution of either House of the Congress, the sole 
                matter after the resolving clause of which is as 
                follows: ``That the __________ disapproves the request 
                of the President for the extension, under section 
                2103(c)(1)(B)(i) of the Bipartisan Trade Promotion 
                Authority Act of 2002, of the trade authorities 
                procedures under that Act to any implementing bill 
                submitted with respect to any trade agreement entered 
                into under section 2103(b) of that Act after June 30, 
                2005.'', with the blank space being filled with the 
                name of the resolving House of the Congress.
                    (B) Introduction.--Extension disapproval 
                resolutions--
                            (i) may be introduced in either House of 
                        the Congress by any member of such House; and
                            (ii) shall be referred, in the House of 
                        Representatives, to the Committee on Ways and 
                        Means and, in addition, to the Committee on 
                        Rules.
                    (C) Application of section 152 of the trade act of 
                1974.--The provisions of section 152 (d) and (e) of the 
                Trade Act of 1974 (19 U.S.C. 2192 (d) and (e)) 
                (relating to the floor consideration of certain 
                resolutions in the House and Senate) apply to extension 
                disapproval resolutions.
                    (D) Limitations.--It is not in order for--
                            (i) the Senate to consider any extension 
                        disapproval resolution not reported by the 
                        Committee on Finance;
                            (ii) the House of Representatives to 
                        consider any extension disapproval resolution 
                        not reported by the Committee on Ways and Means 
                        and, in addition, by the Committee on Rules; or
                            (iii) either House of the Congress to 
                        consider an extension disapproval resolution 
                        after June 30, 2005.
    (d) Commencement of Negotiations.--In order to contribute to the 
continued economic expansion of the United States, the President shall 
commence negotiations covering tariff and nontariff barriers affecting 
any industry, product, or service sector, and expand existing sectoral 
agreements to countries that are not parties to those agreements, in 
cases where the President determines that such negotiations are 
feasible and timely and would benefit the United States. Such sectors 
include agriculture, commercial services, intellectual property rights, 
industrial and capital goods, government procurement, information 
technology products, environmental technology and services, medical 
equipment and services, civil aircraft, and infrastructure products. In 
so doing, the President shall take into account all of the principal 
negotiating objectives set forth in section 2102(b).

SEC. 2104. CONSULTATIONS AND ASSESSMENT.

    (a) Notice and Consultation Before Negotiation.--The President, 
with respect to any agreement that is subject to the provisions of 
section 2103(b), shall--
            (1) provide, at least 90 calendar days before initiating 
        negotiations, written notice to the Congress of the President's 
        intention to enter into the negotiations and set forth therein 
        the date the President intends to initiate such negotiations, 
        the specific United States objectives for the negotiations, and 
        whether the President intends to seek an agreement, or changes 
        to an existing agreement;
            (2) before and after submission of the notice, consult 
        regarding the negotiations with the Committee on Finance of the 
        Senate and the Committee on Ways and Means of the House of 
        Representatives, such other committees of the House and Senate 
        as the President deems appropriate, and the Congressional 
        Oversight group convened under section 2107; and
            (3) upon the request of a majority of the members of the 
        Congressional Oversight Group under section 2107(c), meet with 
        the Congressional Oversight Group before initiating the 
        negotiations or at any other time concerning the negotiations.
    (b) Negotiations Regarding Agriculture and Fishing Industry.--
            (1) In general.--Before initiating or continuing 
        negotiations the subject matter of which is directly related to 
        the subject matter under section 2102(b)(10)(A)(i) with any 
        country, the President shall assess whether United States 
        tariffs on agricultural products that were bound under the 
        Uruguay Round Agreements are lower than the tariffs bound by 
        that country. In addition, the President shall consider whether 
        the tariff levels bound and applied throughout the world with 
        respect to imports from the United States are higher than 
        United States tariffs and whether the negotiation provides an 
        opportunity to address any such disparity. The President shall 
        consult with the Committee on Ways and Means and the Committee 
        on Agriculture of the House of Representatives and the 
        Committee on Finance and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate concerning the results of 
        the assessment, whether it is appropriate for the United States 
        to agree to further tariff reductions based on the conclusions 
        reached in the assessment, and how all applicable negotiating 
        objectives will be met.
            (2) Special consultations on import sensitive products.--
                    (A) In general.--Before initiating negotiations 
                with regard to agriculture, and, with respect to the 
                Free Trade Area for the Americas and negotiations with 
                regard to agriculture under the auspices of the World 
                Trade Organization, as soon as practicable after the 
                enactment of this Act, the United States Trade 
                Representative shall--
                            (i) identify those agricultural products 
                        subject to tariff-rate quotas on the date of 
                        enactment of this Act, and agricultural 
                        products subject to tariff reductions by the 
                        United States as a result of the Uruguay Round 
                        Agreements, for which the rate of duty was 
                        reduced on January 1, 1995, to a rate which was 
                        not less than 97.5 percent of the rate of duty 
                        that applied to such article on December 31, 
                        1994;
                            (ii) consult with the Committee on Ways and 
                        Means and the Committee on Agriculture of the 
                        House of Representatives and the Committee on 
                        Finance and the Committee on Agriculture, 
                        Nutrition, and Forestry of the Senate 
                        concerning--
                                    (I) whether any further tariff 
                                reductions on the products identified 
                                under clause (i) should be appropriate, 
                                taking into account the impact of any 
                                such tariff reduction on the United 
                                States industry producing the product 
                                concerned;
                                    (II) whether the products so 
                                identified face unjustified sanitary or 
                                phytosanitary restrictions, including 
                                those not based on scientific 
                                principles in contravention of the 
                                Uruguay Round Agreements; and
                                    (III) whether the countries 
                                participating in the negotiations 
                                maintain export subsidies or other 
                                programs, policies, or practices that 
                                distort world trade in such products 
                                and the impact of such programs, 
                                policies, and practices on United 
                                States producers of the products;
                            (iii) request that the International Trade 
                        Commission prepare an assessment of the 
                        probable economic effects of any such tariff 
                        reduction on the United States industry 
                        producing the product concerned and on the 
                        United States economy as a whole; and
                            (iv) upon complying with clauses (i), (ii), 
                        and (iii), notify the Committee on Ways and 
                        Means and the Committee on Agriculture of the 
                        House of Representatives and the Committee on 
                        Finance and the Committee on Agriculture, 
                        Nutrition, and Forestry of the Senate of those 
                        products identified under clause (i) for which 
                        the Trade Representative intends to seek tariff 
                        liberalization in the negotiations and the 
                        reasons for seeking such tariff liberalization.
                    (B) Identification of additional agricultural 
                products.--If, after negotiations described in 
                subparagraph (A) are commenced--
                            (i) the United States Trade Representative 
                        identifies any additional agricultural product 
                        described in subparagraph (A)(i) for tariff 
                        reductions which were not the subject of a 
                        notification under subparagraph (A)(iv), or
                            (ii) any additional agricultural product 
                        described in subparagraph (A)(i) is the subject 
                        of a request for tariff reductions by a party 
                        to the negotiations,
                the Trade Representative shall, as soon as practicable, 
                notify the committees referred to in subparagraph 
                (A)(iv) of those products and the reasons for seeking 
                such tariff reductions.
            (3) Negotiations regarding the fishing industry.--Before 
        initiating, or continuing, negotiations which directly relate 
        to fish or shellfish trade with any country, the President 
        shall consult with the Committee on Ways and Means and the 
        Committee on Resources of the House of Representatives, and the 
        Committee on Finance and the Committee on Commerce, Science, 
        and Transportation of the Senate, and shall keep the Committees 
        apprised of negotiations on an ongoing and timely basis.
    (c) Negotiations Regarding Textiles.--Before initiating or 
continuing negotiations the subject matter of which is directly related 
to textiles and apparel products with any country, the President shall 
assess whether United States tariffs on textile and apparel products 
that were bound under the Uruguay Round Agreements are lower than the 
tariffs bound by that country and whether the negotiation provides an 
opportunity to address any such disparity. The President shall consult 
with the Committee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate concerning the results of 
the assessment, whether it is appropriate for the United States to 
agree to further tariff reductions based on the conclusions reached in 
the assessment, and how all applicable negotiating objectives will be 
met.
    (d) Consultation With Congress Before Agreements Entered Into.--
            (1) Consultation.--Before entering into any trade agreement 
        under section 2103(b), the President shall consult with--
                    (A) the Committee on Ways and Means of the House of 
                Representatives and the Committee on Finance of the 
                Senate;
                    (B) each other committee of the House and the 
                Senate, and each joint committee of the Congress, which 
                has jurisdiction over legislation involving subject 
                matters which would be affected by the trade agreement; 
                and
                    (C) the Congressional Oversight Group convened 
                under section 2107.
            (2) Scope.--The consultation described in paragraph (1) 
        shall include consultation with respect to--
                    (A) the nature of the agreement;
                    (B) how and to what extent the agreement will 
                achieve the applicable purposes, policies, priorities, 
                and objectives of this title; and
                    (C) the implementation of the agreement under 
                section 2105, including the general effect of the 
                agreement on existing laws.
            (3) Report regarding united states trade remedy laws.--
                    (A) Changes in certain trade laws.--The President, 
                at least 90 calendar days before the day on which the 
                President enters into a trade agreement, shall notify 
                the Committee on Ways and Means of the House of 
                Representatives and the Committee on Finance of the 
                Senate in writing of any amendments to title VII of the 
                Tariff Act of 1930 or chapter 1 of title II of the 
                Trade Act of 1974 that the President proposes to 
                include in a bill implementing such trade agreement.
                    (B) Explanation.--On the date that the President 
                transmits the notification, the President also shall 
                transmit to the Committees a report explaining--
                            (i) the President's reasons for believing 
                        that amendments to title VII of the Tariff Act 
                        of 1930 or to chapter 1 of title II of the 
                        Trade Act of 1974 are necessary to implement 
                        the trade agreement; and
                            (ii) the President's reasons for believing 
                        that such amendments are consistent with the 
                        purposes, policies, and objectives described in 
                        section 2102(c)(9).
                    (C) Report to house.--Not later than 60 calendar 
                days after the date on which the President transmits 
                the notification described in subparagraph (A), the 
                Chairman and ranking member of the Ways and Means 
                Committee of the House of Representatives, based on 
                consultations with the members of that Committee, shall 
                issue to the House of Representatives a report stating 
                whether the proposed amendments described in the 
                President's notification are consistent with the 
                purposes, policies, and objectives described in section 
                2102(c)(9). In the event that the Chairman and ranking 
                member disagree with respect to one or more 
                conclusions, the report shall contain the separate 
                views of the Chairman and ranking member.
                    (D) Report to senate.--Not later than 60 calendar 
                days after the date on which the President transmits 
                the notification described in subparagraph (A), the 
                Chairman and ranking member of the Finance Committee of 
                the Senate, based on consultations with the members of 
                that Committee, shall issue to the Senate a report 
                stating whether the proposed amendments described in 
                the President's report are consistent with the 
                purposes, policies, and objectives described in section 
                2102(c)(9). In the event that the Chairman and ranking 
                member disagree with respect to one or more 
                conclusions, the report shall contain the separate 
                views of the Chairman and ranking member.
    (e) Advisory Committee Reports.--The report required under section 
135(e)(1) of the Trade Act of 1974 regarding any trade agreement 
entered into under section 2103 (a) or (b) of this title shall be 
provided to the President, the Congress, and the United States Trade 
Representative not later than 30 days after the date on which the 
President notifies the Congress under section 2103(a)(1) or 
2105(a)(1)(A) of the President's intention to enter into the agreement.
    (f) ITC Assessment.--
            (1) In general.--The President, at least 90 calendar days 
        before the day on which the President enters into a trade 
        agreement under section 2103(b), shall provide the 
        International Trade Commission (referred to in this subsection 
        as ``the Commission'') with the details of the agreement as it 
        exists at that time and request the Commission to prepare and 
        submit an assessment of the agreement as described in paragraph 
        (2). Between the time the President makes the request under 
        this paragraph and the time the Commission submits the 
        assessment, the President shall keep the Commission current 
        with respect to the details of the agreement.
            (2) ITC assessment.--Not later than 90 calendar days after 
        the President enters into the agreement, the Commission shall 
        submit to the President and the Congress a report assessing the 
        likely impact of the agreement on the United States economy as 
        a whole and on specific industry sectors, including the impact 
        the agreement will have on the gross domestic product, exports 
        and imports, aggregate employment and employment opportunities, 
        the production, employment, and competitive position of 
        industries likely to be significantly affected by the 
        agreement, and the interests of United States consumers.
            (3) Review of empirical literature.--In preparing the 
        assessment, the Commission shall review available economic 
        assessments regarding the agreement, including literature 
        regarding any substantially equivalent proposed agreement, and 
        shall provide in its assessment a description of the analyses 
        used and conclusions drawn in such literature, and a discussion 
        of areas of consensus and divergence between the various 
        analyses and conclusions, including those of the Commission 
        regarding the agreement.

SEC. 2105. IMPLEMENTATION OF TRADE AGREEMENTS.

    (a) In General.--
            (1) Notification and submission.--Any agreement entered 
        into under section 2103(b) shall enter into force with respect 
        to the United States if (and only if)--
                    (A) the President, at least 90 calendar days before 
                the day on which the President enters into an 
                agreement--
                            (i) notifies the House of Representatives 
                        and the Senate of the President's intention to 
                        enter into the agreement, and promptly 
                        thereafter publishes notice of such intention 
                        in the Federal Register; and
                            (ii) transmits to the Committee on Ways and 
                        Means of the House of Representatives and the 
                        Committee on Finance of the Senate the 
                        notification and report described in section 
                        2104(d)(3) (A) and (B);
                    (B) within 60 days after entering into the 
                agreement, the President submits to the Congress a 
                description of those changes to existing laws that the 
                President considers would be required in order to bring 
                the United States into compliance with the agreement;
                    (C) after entering into the agreement, the 
                President submits to the Congress, on a day on which 
                both Houses of Congress are in session, a copy of the 
                final legal text of the agreement, together with--
                            (i) a draft of an implementing bill 
                        described in section 2103(b)(3);
                            (ii) a statement of any administrative 
                        action proposed to implement the trade 
                        agreement; and
                            (iii) the supporting information described 
                        in paragraph (2); and
                    (D) the implementing bill is enacted into law.
            (2) Supporting information.--The supporting information 
        required under paragraph (1)(C)(iii) consists of--
                    (A) an explanation as to how the implementing bill 
                and proposed administrative action will change or 
                affect existing law; and
                    (B) a statement--
                            (i) asserting that the agreement makes 
                        progress in achieving the applicable purposes, 
                        policies, priorities, and objectives of this 
                        title; and
                            (ii) setting forth the reasons of the 
                        President regarding--
                                    (I) how and to what extent the 
                                agreement makes progress in achieving 
                                the applicable purposes, policies, and 
                                objectives referred to in clause (i);
                                    (II) whether and how the agreement 
                                changes provisions of an agreement 
                                previously negotiated;
                                    (III) how the agreement serves the 
                                interests of United States commerce;
                                    (IV) how the implementing bill 
                                meets the standards set forth in 
                                section 2103(b)(3);
                                    (V) how and to what extent the 
                                agreement makes progress in achieving 
                                the applicable purposes, policies, and 
                                objectives referred to in section 
                                2102(c) regarding the promotion of 
                                certain priorities; and
                                    (VI) in the event that the reports 
                                described in section 2104(b)(3) (C) and 
                                (D) contain any findings that the 
                                proposed amendments are inconsistent 
                                with the purposes, policies, and 
                                objectives described in section 
                                2102(c)(9), an explanation as to why 
                                the President believes such findings to 
                                be incorrect.
            (3) Reciprocal benefits.--In order to ensure that a foreign 
        country that is not a party to a trade agreement entered into 
        under section 2103(b) does not receive benefits under the 
        agreement unless the country is also subject to the obligations 
        under the agreement, the implementing bill submitted with 
        respect to the agreement shall provide that the benefits and 
        obligations under the agreement apply only to the parties to 
        the agreement, if such application is consistent with the terms 
        of the agreement. The implementing bill may also provide that 
        the benefits and obligations under the agreement do not apply 
        uniformly to all parties to the agreement, if such application 
        is consistent with the terms of the agreement.
            (4) Disclosure of commitments.--Any agreement or other 
        understanding with a foreign government or governments (whether 
        oral or in writing) that--
                    (A) relates to a trade agreement with respect to 
                which Congress enacts implementing legislation under 
                trade authorities procedures, and
                    (B) is not disclosed to Congress before legislation 
                implementing that agreement is introduced in either 
                House of Congress,
        shall not be considered to be part of the agreement approved by 
        Congress and shall have no force and effect under United States 
        law or in any dispute settlement body.
    (b) Limitations on Trade Authorities Procedures.--
            (1) For lack of notice or consultations.--
                    (A) In general.--The trade authorities procedures 
                shall not apply to any implementing bill submitted with 
                respect to a trade agreement or trade agreements 
                entered into under section 2103(b) if during the 60-day 
                period beginning on the date that one House of Congress 
                agrees to a procedural disapproval resolution for lack 
                of notice or consultations with respect to such trade 
                agreement or agreements, the other House separately 
                agrees to a procedural disapproval resolution with 
                respect to such trade agreement or agreements.
                    (B) Procedural disapproval resolution.--(i) For 
                purposes of this paragraph, the term ``procedural 
                disapproval resolution'' means a resolution of either 
                House of Congress, the sole matter after the resolving 
                clause of which is as follows: ``That the President has 
                failed or refused to notify or consult in accordance 
                with the Bipartisan Trade Promotion Authority Act of 
                2002 on negotiations with respect to ____________ and, 
                therefore, the trade authorities procedures under that 
                Act shall not apply to any implementing bill submitted 
                with respect to such trade agreement or agreements.'', 
                with the blank space being filled with a description of 
                the trade agreement or agreements with respect to which 
                the President is considered to have failed or refused 
                to notify or consult.
                    (ii) For purposes of clause (i), the President has 
                ``failed or refused to notify or consult in accordance 
                with the Bipartisan Trade Promotion Authority Act of 
                2002'' on negotiations with respect to a trade 
                agreement or trade agreements if--
                            (I) the President has failed or refused to 
                        consult (as the case may be) in accordance with 
                        section 2104 or 2105 with respect to the 
                        negotiations, agreement, or agreements;
                            (II) guidelines under section 2107(b) have 
                        not been developed or met with respect to the 
                        negotiations, agreement, or agreements;
                            (III) the President has not met with the 
                        Congressional Oversight Group pursuant to a 
                        request made under section 2107(c) with respect 
                        to the negotiations, agreement, or agreements; 
                        or
                            (IV) the agreement or agreements fail to 
                        make progress in achieving the purposes, 
                        policies, priorities, and objectives of this 
                        title.
                    (C) Procedures for considering resolutions.--(i) 
                Procedural disapproval resolutions--
                            (I) in the House of Representatives--
                                    (aa) may be introduced by any 
                                Member of the House;
                                    (bb) shall be referred to the 
                                Committee on Ways and Means and, in 
                                addition, to the Committee on Rules; 
                                and
                                    (cc) may not be amended by either 
                                Committee; and
                            (II) in the Senate--
                                    (aa) may be introduced by any 
                                Member of the Senate.
                                    (bb) shall be referred to the 
                                Committee on Finance; and
                                    (cc) may not be amended.
                    (ii) The provisions of section 152 (d) and (e) of 
                the Trade Act of 1974 (19 U.S.C. 2192 (d) and (e)) 
                (relating to the floor consideration of certain 
                resolutions in the House and Senate) apply to a 
                procedural disapproval resolution introduced with 
                respect to a trade agreement if no other procedural 
                disapproval resolution with respect to that trade 
                agreement has previously been considered under such 
                provisions of section 152 of the Trade Act of 1974 in 
                that House of Congress during that Congress.
                    (iii) It is not in order for the House of 
                Representatives to consider any procedural disapproval 
                resolution not reported by the Committee on Ways and 
                Means and, in addition, by the Committee on Rules.
                    (iv) It is not in order for the Senate to consider 
                any procedural disapproval resolution not reported by 
                the Committee on Finance.
            (2) For failure to meet other requirements.--Prior to 
        December 31, 2002, the Secretary of Commerce shall transmit to 
        Congress a report setting forth the strategy of the United 
        States for correcting instances in which dispute settlement 
        panels and the Appellate Body of the WTO have added to 
        obligations or diminished rights of the United States, as 
        described in section 2101(b)(3). Trade authorities procedures 
        shall not apply to any implementing bill with respect to an 
        agreement negotiated under the auspices of the WTO, unless the 
        Secretary of Commerce has issued such report in a timely 
        manner.
    (c) Rules of House of Representatives and Senate.--Subsection (b) 
of this section and section 2103(c) are enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such are 
        deemed a part of the rules of each House, respectively, and 
        such procedures supersede other rules only to the extent that 
        they are inconsistent with such other rules; and
            (2) with the full recognition of the constitutional right 
        of either House to change the rules (so far as relating to the 
        procedures of that House) at any time, in the same manner, and 
        to the same extent as any other rule of that House.

SEC. 2106. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH NEGOTIATIONS 
              HAVE ALREADY BEGUN.

    (a) Certain Agreements.--Notwithstanding the prenegotiation 
notification and consultation requirement described in section 2104(a), 
if an agreement to which section 2103(b) applies--
            (1) is entered into under the auspices of the World Trade 
        Organization,
            (2) is entered into with Chile,
            (3) is entered into with Singapore, or
            (4) establishes a Free Trade Area for the Americas,
and results from negotiations that were commenced before the date of 
the enactment of this Act, subsection (b) shall apply.
    (b) Treatment of Agreements.--In the case of any agreement to which 
subsection (a) applies--
            (1) the applicability of the trade authorities procedures 
        to implementing bills shall be determined without regard to the 
        requirements of section 2104(a) (relating only to 90 days 
        notice prior to initiating negotiations), and any procedural 
        disapproval resolution under section 2105(b)(1)(B) shall not be 
        in order on the basis of a failure or refusal to comply with 
        the provisions of section 2104(a); and
            (2) the President shall, as soon as feasible after the 
        enactment of this Act--
                    (A) notify the Congress of the negotiations 
                described in subsection (a), the specific United States 
                objectives in the negotiations, and whether the 
                President is seeking a new agreement or changes to an 
                existing agreement; and
                    (B) before and after submission of the notice, 
                consult regarding the negotiations with the committees 
                referred to in section 2104(a)(2) and the Congressional 
                Oversight Group.

SEC. 2107. CONGRESSIONAL OVERSIGHT GROUP.

    (a) Members and Functions.--
            (1) In general.--By not later than 60 days after the date 
        of the enactment of this Act, and not later than 30 days after 
        the convening of each Congress, the chairman of the Committee 
        on Ways and Means of the House of Representatives and the 
        chairman of the Committee on Finance of the Senate shall 
        convene the Congressional Oversight Group.
            (2) Membership from the house.--In each Congress, the 
        Congressional Oversight Group shall be comprised of the 
        following Members of the House of Representatives:
                    (A) The chairman and ranking member of the 
                Committee on Ways and Means, and 3 additional members 
                of such Committee (not more than 2 of whom are members 
                of the same political party).
                    (B) The chairman and ranking member, or their 
                designees, of the committees of the House of 
                Representatives which would have, under the Rules of 
                the House of Representatives, jurisdiction over 
                provisions of law affected by a trade agreement 
                negotiations for which are conducted at any time during 
                that Congress and to which this title would apply.
            (3) Membership from the senate.--In each Congress, the 
        Congressional Oversight Group shall also be comprised of the 
        following members of the Senate:
                    (A) The chairman and ranking Member of the 
                Committee on Finance and 3 additional members of such 
                Committee (not more than 2 of whom are members of the 
                same political party).
                    (B) The chairman and ranking member, or their 
                designees, of the committees of the Senate which would 
                have, under the Rules of the Senate, jurisdiction over 
                provisions of law affected by a trade agreement 
                negotiations for which are conducted at any time during 
                that Congress and to which this title would apply.
            (4) Accreditation.--Each member of the Congressional 
        Oversight Group described in paragraph (2)(A) and (3)(A) shall 
        be accredited by the United States Trade Representative on 
        behalf of the President as official advisers to the United 
        States delegation in negotiations for any trade agreement to 
        which this title applies. Each member of the Congressional 
        Oversight Group described in paragraph (2)(B) and (3)(B) shall 
        be accredited by the United States Trade Representative on 
        behalf of the President as official advisers to the United 
        States delegation in the negotiations by reason of which the 
        member is in the Congressional Oversight Group. The 
        Congressional Oversight Group shall consult with and provide 
        advice to the Trade Representative regarding the formulation of 
        specific objectives, negotiating strategies and positions, the 
        development of the applicable trade agreement, and compliance 
        and enforcement of the negotiated commitments under the trade 
        agreement.
            (5) Chair.--The Congressional Oversight Group shall be 
        chaired by the Chairman of the Committee on Ways and Means of 
        the House of Representatives and the Chairman of the Committee 
        on Finance of the Senate.
    (b) Guidelines.--
            (1) Purpose and revision.--The United States Trade 
        Representative, in consultation with the chairmen and ranking 
        minority members of the Committee on Ways and Means of the 
        House of Representatives and the Committee on Finance of the 
        Senate--
                    (A) shall, within 120 days after the date of the 
                enactment of this Act, develop written guidelines to 
                facilitate the useful and timely exchange of 
                information between the Trade Representative and the 
                Congressional Oversight Group established under this 
                section; and
                    (B) may make such revisions to the guidelines as 
                may be necessary from time to time.
            (2) Content.--The guidelines developed under paragraph (1) 
        shall provide for, among other things--
                    (A) regular, detailed briefings of the 
                Congressional Oversight Group regarding negotiating 
                objectives, including the promotion of certain 
                priorities referred to in section 2102(c), and 
                positions and the status of the applicable 
                negotiations, beginning as soon as practicable after 
                the Congressional Oversight Group is convened, with 
                more frequent briefings as trade negotiations enter the 
                final stage;
                    (B) access by members of the Congressional 
                Oversight Group, and staff with proper security 
                clearances, to pertinent documents relating to the 
                negotiations, including classified materials;
                    (C) the closest practicable coordination between 
                the Trade Representative and the Congressional 
                Oversight Group at all critical periods during the 
                negotiations, including at negotiation sites;
                    (D) after the applicable trade agreement is 
                concluded, consultation regarding ongoing compliance 
                and enforcement of negotiated commitments under the 
                trade agreement; and
                    (E) the time frame for submitting the report 
                required under section 2102(c)(8).
    (c) Request for Meeting.--Upon the request of a majority of the 
Congressional Oversight Group, the President shall meet with the 
Congressional Oversight Group before initiating negotiations with 
respect to a trade agreement, or at any other time concerning the 
negotiations.

SEC. 2108. ADDITIONAL IMPLEMENTATION AND ENFORCEMENT REQUIREMENTS.

    (a) In General.--At the time the President submits to the Congress 
the final text of an agreement pursuant to section 2105(a)(1)(C), the 
President shall also submit a plan for implementing and enforcing the 
agreement. The implementation and enforcement plan shall include the 
following:
            (1) Border personnel requirements.--A description of 
        additional personnel required at border entry points, including 
        a list of additional customs and agricultural inspectors.
            (2) Agency staffing requirements.--A description of 
        additional personnel required by Federal agencies responsible 
        for monitoring and implementing the trade agreement, including 
        personnel required by the Office of the United States Trade 
        Representative, the Department of Commerce, the Department of 
        Agriculture (including additional personnel required to 
        implement sanitary and phytosanitary measures in order to 
        obtain market access for United States exports), the Department 
        of the Treasury, and such other agencies as may be necessary.
            (3) Customs infrastructure requirements.--A description of 
        the additional equipment and facilities needed by the United 
        States Customs Service.
            (4) Impact on state and local governments.--A description 
        of the impact the trade agreement will have on State and local 
        governments as a result of increases in trade.
            (5) Cost analysis.--An analysis of the costs associated 
        with each of the items listed in paragraphs (1) through (4).
    (b) Budget Submission.--The President shall include a request for 
the resources necessary to support the plan described in subsection (a) 
in the first budget that the President submits to the Congress after 
the submission of the plan.

SEC. 2109. COMMITTEE STAFF.

    The grant of trade promotion authority under this title is likely 
to increase the activities of the primary committees of jurisdiction in 
the area of international trade. In addition, the creation of the 
Congressional Oversight Group under section 2107 will increase the 
participation of a broader number of Members of Congress in the 
formulation of United States trade policy and oversight of the 
international trade agenda for the United States. The primary 
committees of jurisdiction should have adequate staff to accommodate 
these increases in activities.

SEC. 2110. CONFORMING AMENDMENTS.

    (a) In General.--Title I of the Trade Act of 1974 (19 U.S.C. 2111 
et seq.) is amended as follows:
            (1) Implementing bill.--
                    (A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is 
                amended by striking ``section 1103(a)(1) of the Omnibus 
                Trade and Competitiveness Act of 1988, or section 282 
                of the Uruguay Round Agreements Act'' and inserting 
                ``section 282 of the Uruguay Round Agreements Act, or 
                section 2105(a)(1) of the Bipartisan Trade Promotion 
                Authority Act of 2002''.
                    (B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is 
                amended by striking ``or section 282 of the Uruguay 
                Round Agreements Act'' and inserting ``, section 282 of 
                the Uruguay Round Agreements Act, or section 2105(a)(1) 
                of the Bipartisan Trade Promotion Authority Act of 
                2002''.
            (2) Advice from international trade commission.--Section 
        131 (19 U.S.C. 2151) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``section 
                        123 of this Act or section 1102 (a) or (c) of 
                        the Omnibus Trade and Competitiveness Act of 
                        1988,'' and inserting ``section 123 of this Act 
                        or section 2103 (a) or (b) of the Bipartisan 
                        Trade Promotion Authority Act of 2002,''; and
                            (ii) in paragraph (2), by striking 
                        ``section 1102 (b) or (c) of the Omnibus Trade 
                        and Competitiveness Act of 1988'' and inserting 
                        ``section 2103(b) of the Bipartisan Trade 
                        Promotion Authority Act of 2002'';
                    (B) in subsection (b), by striking ``section 
                1102(a)(3)(A)'' and inserting ``section 2103(a)(3)(A) 
                of the Bipartisan Trade Promotion Authority Act of 
                2002''; and
                    (C) in subsection (c), by striking ``section 1102 
                of the Omnibus Trade and Competitiveness Act of 1988,'' 
                and inserting ``section 2103 of the Bipartisan Trade 
                Promotion Authority Act of 2002,''.
            (3) Hearings and advice.--Sections 132, 133(a), and 134(a) 
        (19 U.S.C. 2152, 2153(a), and 2154(a)) are each amended by 
        striking ``section 1102 of the Omnibus Trade and 
        Competitiveness Act of 1988,'' each place it appears and 
        inserting ``section 2103 of the Bipartisan Trade Promotion 
        Authority Act of 2002,''.
            (4) Prerequisites for offers.--Section 134(b) (19 U.S.C. 
        2154(b)) is amended by striking ``section 1102 of the Omnibus 
        Trade and Competitiveness Act of 1988'' and inserting ``section 
        2103 of the Bipartisan Trade Promotion Authority Act of 2002''.
            (5) Advice from private and public sectors.--Section 135 
        (19 U.S.C. 2155) is amended--
                    (A) in subsection (a)(1)(A), by striking ``section 
                1102 of the Omnibus Trade and Competitiveness Act of 
                1988'' and inserting ``section 2103 of the Bipartisan 
                Trade Promotion Authority Act of 2002'';
                    (B) in subsection (e)(1)--
                            (i) by striking ``section 1102 of the 
                        Omnibus Trade and Competitiveness Act of 1988'' 
                        each place it appears and inserting ``section 
                        2103 of the Bipartisan Trade Promotion 
                        Authority Act of 2002''; and
                            (ii) by striking ``not later than the date 
                        on which the President notifies the Congress 
                        under section 1103(a)(1)(A) of such Act of 1988 
                        of his intention to enter into that agreement'' 
                        and inserting ``not later than the date that is 
                        30 days after the date on which the President 
                        notifies the Congress under section 5(a)(1)(A) 
                        of the Bipartisan Trade Promotion Authority Act 
                        of 2002 of the President's intention to enter 
                        into that agreement''; and
                    (C) in subsection (e)(2), by striking ``section 
                1101 of the Omnibus Trade and Competitiveness Act of 
                1988'' and inserting ``section 2102 of the Bipartisan 
                Trade Promotion Authority Act of 2002''.
            (6) Transmission of agreements to congress.--Section 162(a) 
        (19 U.S.C. 2212(a)) is amended by striking ``or under section 
        1102 of the Omnibus Trade and Competitiveness Act of 1988'' and 
        inserting ``or under section 2103 of the Bipartisan Trade 
        Promotion Authority Act of 2002''.
    (b) Application of Certain Provisions.--For purposes of applying 
sections 125, 126, and 127 of the Trade Act of 1974 (19 U.S.C. 2135, 
2136(a), and 2137)--
            (1) any trade agreement entered into under section 2103 
        shall be treated as an agreement entered into under section 101 
        or 102, as appropriate, of the Trade Act of 1974 (19 U.S.C. 
        2111 or 2112); and
            (2) any proclamation or Executive order issued pursuant to 
        a trade agreement entered into under section 2103 shall be 
        treated as a proclamation or Executive order issued pursuant to 
        a trade agreement entered into under section 102 of the Trade 
        Act of 1974.

SEC. 2111. REPORT ON IMPACT OF TRADE PROMOTION AUTHORITY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the International Trade Commission shall report to the 
Committee on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives regarding the economic impact on the 
United States of the trade agreements described in subsection (b).
    (b) Agreements.--The trade agreements described in this subsection 
are:
            (1) The United States-Israel Free Trade Agreement.
            (2) The United States-Canada Free Trade Agreement.
            (3) The North American Free Trade Agreement.
            (4) The Uruguay Round Agreements.
            (5) The Tokyo Round of Multilateral Trade Negotiations.

SEC. 2112. IDENTIFICATION OF SMALL BUSINESS ADVOCATE AT WTO.

    (a) In General.--The United States Trade Representative shall 
pursue the identification of a small business advocate at the World 
Trade Organization Secretariat to examine the impact of WTO agreements 
on the interests of small- and medium-sized enterprises, address the 
concerns of small- and medium-sized enterprises, and recommend ways to 
address those interests in trade negotiations involving the World Trade 
Organization.
    (b) Assistant Trade Representative.--The Assistant United States 
Trade Representative for Industry and Telecommunications shall be 
responsible for ensuring that the interests of small business are 
considered in all trade negotiations in accordance with the objective 
described in section 2102(a)(8). It is the sense of Congress that the 
small business functions should be reflected in the title of the 
Assistant United States Trade Representative assigned the 
responsibility for small business.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the United States Trade 
Representative shall prepare and submit a report to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives on the steps taken by the United States Trade 
Representative to pursue the identification of a small business 
advocate at the World Trade Organization.

SEC. 2113. DEFINITIONS.

    In this title:
            (1) Agreement on agriculture.--The term ``Agreement on 
        Agriculture'' means the agreement referred to in section 
        101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 
        3511(d)(2)).
            (2) Core labor standards.--The term ``core labor 
        standards'' means--
                    (A) the right of association;
                    (B) the right to organize and bargain collectively;
                    (C) a prohibition on the use of any form of forced 
                or compulsory labor;
                    (D) a minimum age for the employment of children; 
                and
                    (E) acceptable conditions of work with respect to 
                minimum wages, hours of work, and occupational safety 
                and health.
            (3) GATT 1994.--The term ``GATT 1994'' has the meaning 
        given that term in section 2 of the Uruguay Round Agreements 
        Act (19 U.S.C. 3501).
            (4) ILO.--The term ``ILO'' means the International Labor 
        Organization.
            (5) Import sensitive agricultural product.--The term 
        ``import sensitive agricultural product'' means an agricultural 
        product with respect to which, as a result of the Uruguay Round 
        Agreements--
                    (A) the rate of duty was the subject of tariff 
                reductions by the United States, and pursuant to such 
                Agreements, was reduced on January 1, 1995, to a rate 
                which was not less than 97.5 percent of the rate of 
                duty that applied to such article on December 31, 1994; 
                or
                    (B) became subject to a tariff-rate quota on or 
                after January 1, 1995.
            (6) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen;
                    (B) a partnership, corporation, or other legal 
                entity organized under the laws of the United States; 
                and
                    (C) a partnership, corporation, or other legal 
                entity that is organized under the laws of a foreign 
                country and is controlled by entities described in 
                subparagraph (B) or United States citizens, or both.
            (7) Uruguay round agreements.--The term ``Uruguay Round 
        Agreements'' has the meaning given that term in section 2(7) of 
        the Uruguay Round Agreements Act (19 U.S.C. 3501(7)).
            (8) World trade organization; wto.--The terms ``World Trade 
        Organization'' and ``WTO'' mean the organization established 
        pursuant to the WTO Agreement.
            (9) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.

                DIVISION C--ANDEAN TRADE PREFERENCE ACT

                  TITLE XXXI--ANDEAN TRADE PREFERENCE

SEC. 3101. SHORT TITLE; FINDINGS.

    (a) Short Title.--This title may be cited as the ``Andean Trade 
Preference Expansion Act''.
    (b) Findings.--Congress makes the following findings:
            (1) Since the Andean Trade Preference Act was enacted in 
        1991, it has had a positive impact on United States trade with 
        Bolivia, Colombia, Ecuador, and Peru. Two-way trade has 
        doubled, with the United States serving as the leading source 
        of imports and leading export market for each of the Andean 
        beneficiary countries. This has resulted in increased jobs and 
        expanded export opportunities in both the United States and the 
        Andean region.
            (2) The Andean Trade Preference Act has been a key element 
        in the United States counternarcotics strategy in the Andean 
        region, promoting export diversification and broad-based 
        economic development that provides sustainable economic 
        alternatives to drug-crop production, strengthening the 
        legitimate economies of Andean countries and creating viable 
        alternatives to illicit trade in coca.
            (3) Notwithstanding the success of the Andean Trade 
        Preference Act, the Andean region remains threatened by 
        political and economic instability and fragility, vulnerable to 
        the consequences of the drug war and fierce global competition 
        for its legitimate trade.
            (4) The continuing instability in the Andean region poses a 
        threat to the security interests of the United States and the 
        world. This problem has been partially addressed through 
        foreign aid, such as Plan Colombia, enacted by Congress in 
        2000. However, foreign aid alone is not sufficient. Enhancement 
        of legitimate trade with the United States provides an 
        alternative means for reviving and stabilizing the economies in 
        the Andean region.
            (5) The Andean Trade Preference Act constitutes a tangible 
        commitment by the United States to the promotion of prosperity, 
        stability, and democracy in the beneficiary countries.
            (6) Renewal and enhancement of the Andean Trade Preference 
        Act will bolster the confidence of domestic private enterprise 
        and foreign investors in the economic prospects of the region, 
        ensuring that legitimate private enterprise can be the engine 
        of economic development and political stability in the region.
            (7) Each of the Andean beneficiary countries is committed 
        to conclude negotiation of a Free Trade Area of the Americas by 
        the year 2005, as a means of enhancing the economic security of 
        the region.
            (8) Temporarily enhancing trade benefits for Andean 
        beneficiaries countries will promote the growth of free 
        enterprise and economic opportunity in these countries and 
        serve the security interests of the United States, the region, 
        and the world.

SEC. 3102. TEMPORARY PROVISIONS.

    (a) In General.--Section 204(b) of the Andean Trade Preference Act 
(19 U.S.C. 3203(b)) is amended to read as follows:
    ``(b) Import-Sensitive Articles.--
            ``(1) In general.--Subject to paragraphs (2) through (5), 
        the duty-free treatment provided under this title does not 
        apply to--
                    ``(A) textile and apparel articles which were not 
                eligible articles for purposes of this title on January 
                1, 1994, as this title was in effect on that date;
                    ``(B) footwear not designated at the time of the 
                effective date of this title as eligible articles for 
                the purpose of the generalized system of preferences 
                under title V of the Trade Act of 1974;
                    ``(C) tuna, prepared or preserved in any manner, in 
                airtight containers;
                    ``(D) petroleum, or any product derived from 
                petroleum, provided for in headings 2709 and 2710 of 
                the HTS;
                    ``(E) watches and watch parts (including cases, 
                bracelets, and straps), of whatever type including, but 
                not limited to, mechanical, quartz digital, or quartz 
                analog, if such watches or watch parts contain any 
                material which is the product of any country with 
                respect to which HTS column 2 rates of duty apply;
                    ``(F) articles to which reduced rates of duty apply 
                under subsection (c);
                    ``(G) sugars, syrups, and sugar containing products 
                subject to tariff-rate quotas; or
                    ``(H) rum and tafia classified in subheading 
                2208.40 of the HTS.
            ``(2) Transition period treatment of certain textile and 
        apparel articles.--
                    ``(A) Articles covered.--During the transition 
                period, the preferential treatment described in 
                subparagraph (B) shall apply to the following articles 
                imported directly into the customs territory of the 
                United States from an ATPEA beneficiary country:
                            ``(i) Apparel articles assembled from 
                        products of the united states and atpea 
                        beneficiary countries or products not available 
                        in commercial quantities.--Apparel articles 
                        sewn or otherwise assembled in 1 or more ATPEA 
                        beneficiary countries, or the United States, or 
                        both, exclusively from any one or any 
                        combination of the following:
                                    ``(I) Fabrics or fabric components 
                                formed, or components knit-to-shape, in 
                                the United States, from yarns wholly 
                                formed in the United States (including 
                                fabrics not formed from yarns, if such 
                                fabrics are classifiable under heading 
                                5602 or 5603 of the HTS and are formed 
                                in the United States), provided that 
                                apparel articles sewn or otherwise 
                                assembled from materials described in 
                                this subclause are assembled with 
                                thread formed in the United States.
                                    ``(II) Fabric components knit-to-
                                shape in the United States from yarns 
                                wholly formed in the United States and 
                                fabric components knit-to-shape in 1 or 
                                more ATPEA beneficiary countries from 
                                yarns wholly formed in the United 
                                States.
                                    ``(III) Fabrics or fabric 
                                components formed or components knit-
                                to-shape, in 1 or more ATPEA 
                                beneficiary countries, from yarns 
                                wholly formed in 1 or more ATPEA 
                                beneficiary countries, if such fabrics 
                                (including fabrics not formed from 
                                yarns, if such fabrics are classifiable 
                                under heading 5602 or 5603 of the HTS 
                                and are formed in 1 or more ATPEA 
                                beneficiary countries) or components 
                                are in chief weight of llama, or 
                                alpaca.
                                    ``(IV) Fabrics or yarns that are 
                                not formed in the United States or in 1 
                                or more ATPEA beneficiary countries, to 
                                the extent such fabrics or yarns are 
                                considered not to be widely available 
                                in commercial quantities for purposes 
                                of determining the eligibility of such 
                                apparel articles for preferential 
                                treatment under Annex 401 of the NAFTA.
                            ``(ii) Knit-to-shape apparel articles.--
                        Apparel articles knit-to-shape (other than 
                        socks provided for in heading 6115 of the HTS) 
                        in 1 or more ATPEA beneficiary countries from 
                        yarns wholly formed in the United States.
                            ``(iii) Regional fabric.--
                                    ``(I) General rule.--Knit apparel 
                                articles wholly assembled in 1 or more 
                                ATPEA beneficiary countries exclusively 
                                from fabric formed, or fabric 
                                components formed, or components knit-
                                to-shape, or any combination thereof, 
                                in 1 or more ATPEA beneficiary 
                                countries from yarns wholly formed in 
                                the United States, in an amount not 
                                exceeding the amount set forth in 
                                subclause (II).
                                    ``(II) Limitation.--The amount 
                                referred to in subclause (I) is 
                                70,000,000 square meter equivalents 
                                during the 1-year period beginning on 
                                March 1, 2002, increased by 16 percent, 
                                compounded annually, in each succeeding 
                                1-year period through February 28, 
                                2006.
                            ``(iv) Certain other apparel articles.--
                                    ``(I) General rule.--Subject to 
                                subclause (II), any apparel article 
                                classifiable under subheading 6212.10 
                                of the HTS, if the article is both cut 
                                and sewn or otherwise assembled in the 
                                United States, or one or more of the 
                                ATPEA beneficiary countries, or both.
                                    ``(II) Limitation.--During the 1-
                                year period beginning on March 1, 2003, 
                                and during each of the 2 succeeding 1-
                                year periods, apparel articles 
                                described in subclause (I) of a 
                                producer or an entity controlling 
                                production shall be eligible for 
                                preferential treatment under 
                                subparagraph (B) only if the aggregate 
                                cost of fabric components formed in the 
                                United States that are used in the 
                                production of all such articles of that 
                                producer or entity that are entered 
                                during the preceding 1-year period is 
                                at least 75 percent of the aggregate 
                                declared customs value of the fabric 
                                contained in all such articles of that 
                                producer or entity that are entered 
                                during the preceding 1-year period.
                                    ``(III) Development of procedure to 
                                ensure compliance.--The United States 
                                Customs Service shall develop and 
                                implement methods and procedures to 
                                ensure ongoing compliance with the 
                                requirement set forth in subclause 
                                (II). If the Customs Service finds that 
                                a producer or an entity controlling 
                                production has not satisfied such 
                                requirement in a 1-year period, then 
                                apparel articles described in subclause 
                                (I) of that producer or entity shall be 
                                ineligible for preferential treatment 
                                under subparagraph (B) during any 
                                succeeding 1-year period until the 
                                aggregate cost of fabric components 
                                formed in the United States used in the 
                                production of such articles of that 
                                producer or entity that are entered 
                                during the preceding 1-year period is 
                                at least 85 percent of the aggregate 
                                declared customs value of the fabric 
                                contained in all such articles of that 
                                producer or entity that are entered 
                                during the preceding 1-year period.
                            ``(v) Apparel articles assembled from 
                        fabrics or yarn not widely available in 
                        commercial quantities.--At the request of any 
                        interested party, the President is authorized 
                        to proclaim additional fabrics and yarn as 
                        eligible for preferential treatment under 
                        clause (i)(IV) if--
                                    ``(I) the President determines that 
                                such fabrics or yarn cannot be supplied 
                                by the domestic industry in commercial 
                                quantities in a timely manner;
                                    ``(II) the President has obtained 
                                advice regarding the proposed action 
                                from the appropriate advisory committee 
                                established under section 135 of the 
                                Trade Act of 1974 (19 U.S.C. 2155) and 
                                the United States International Trade 
                                Commission;
                                    ``(III) within 60 days after the 
                                request, the President has submitted a 
                                report to the Committee on Ways and 
                                Means of the House of Representatives 
                                and the Committee on Finance of the 
                                Senate that sets forth the action 
                                proposed to be proclaimed and the 
                                reasons for such actions, and the 
                                advice obtained under subclause (II);
                                    ``(IV) a period of 60 calendar 
                                days, beginning with the first day on 
                                which the President has met the 
                                requirements of subclause (III), has 
                                expired; and
                                    ``(V) the President has consulted 
                                with such committees regarding the 
                                proposed action during the period 
                                referred to in subclause (III).
                            ``(vi) Handloomed, handmade, and folklore 
                        articles.--A handloomed, handmade, or folklore 
                        article of an ATPEA beneficiary country 
                        identified under subparagraph (C) that is 
                        certified as such by the competent authority of 
                        such beneficiary country.
                            ``(vii) Special rules.--
                                    ``(I) Exception for findings and 
                                trimmings.--(aa) An article otherwise 
                                eligible for preferential treatment 
                                under this paragraph shall not be 
                                ineligible for such treatment because 
                                the article contains findings or 
                                trimmings of foreign origin, if such 
                                findings and trimmings do not exceed 25 
                                percent of the cost of the components 
                                of the assembled product. Examples of 
                                findings and trimmings are sewing 
                                thread, hooks and eyes, snaps, buttons, 
                                `bow buds', decorative lace, trim, 
                                elastic strips, zippers, including 
                                zipper tapes and labels, and other 
                                similar products. Elastic strips are 
                                considered findings or trimmings only 
                                if they are each less than 1 inch in 
                                width and are used in the production of 
                                brassieres.
                                    ``(bb) In the case of an article 
                                described in clause (i)(I) of this 
                                subparagraph, sewing thread shall not 
                                be treated as findings or trimmings 
                                under this subclause.
                                    ``(II) Certain interlinings.--(aa) 
                                An article otherwise eligible for 
                                preferential treatment under this 
                                paragraph shall not be ineligible for 
                                such treatment because the article 
                                contains certain interlinings of 
                                foreign origin, if the value of such 
                                interlinings (and any findings and 
                                trimmings) does not exceed 25 percent 
                                of the cost of the components of the 
                                assembled article.
                                    ``(bb) Interlinings eligible for 
                                the treatment described in division 
                                (aa) include only a chest type plate, 
                                `hymo' piece, or `sleeve header', of 
                                woven or weft-inserted warp knit 
                                construction and of coarse animal hair 
                                or man-made filaments.
                                    ``(cc) The treatment described in 
                                this subclause shall terminate if the 
                                President makes a determination that 
                                United States manufacturers are 
                                producing such interlinings in the 
                                United States in commercial quantities.
                                    ``(III) De minimis rule.--An 
                                article that would otherwise be 
                                ineligible for preferential treatment 
                                under this paragraph because the 
                                article contains yarns not wholly 
                                formed in the United States or in 1 or 
                                more ATPEA beneficiary countries shall 
                                not be ineligible for such treatment if 
                                the total weight of all such yarns is 
                                not more than 7 percent of the total 
                                weight of the good. Notwithstanding the 
                                preceding sentence, an apparel article 
                                containing elastomeric yarns shall be 
                                eligible for preferential treatment 
                                under this paragraph only if such yarns 
                                are wholly formed in the United States.
                                    ``(IV) Special origin rule.--An 
                                article otherwise eligible for 
                                preferential treatment under clause (i) 
                                of this subparagraph shall not be 
                                ineligible for such treatment because 
                                the article contains nylon filament 
                                yarn (other than elastomeric yarn) that 
                                is classifiable under subheading 
                                5402.10.30, 5402.10.60, 5402.31.30, 
                                5402.31.60, 5402.32.30, 5402.32.60, 
                                5402.41.10, 5402.41.90, 5402.51.00, or 
                                5402.61.00 of the HTS duty-free from a 
                                country that is a party to an agreement 
                                with the United States establishing a 
                                free trade area, which entered into 
                                force before January 1, 1995.
                                    ``(V) Clarification of certain knit 
                                apparel articles.--Notwithstanding any 
                                other provision of law, an article 
                                otherwise eligible for preferential 
                                treatment under clause (iii)(I) of this 
                                subparagraph, shall not be ineligible 
                                for such treatment because the article, 
                                or a component thereof, contains fabric 
                                formed in the United States from yarns 
                                wholly formed in the United States.
                            ``(viii) Textile luggage.--Textile 
                        luggage--
                                    ``(I) assembled in an ATPEA 
                                beneficiary country from fabric wholly 
                                formed and cut in the United States, 
                                from yarns wholly formed in the United 
                                States, that is entered under 
                                subheading 9802.00.80 of the HTS; or
                                    ``(II) assembled from fabric cut in 
                                an ATPEA beneficiary country from 
                                fabric wholly formed in the United 
                                States from yarns wholly formed in the 
                                United States.
                    ``(B) Preferential treatment.--Except as provided 
                in subparagraph (E), during the transition period, the 
                articles to which subparagraph (A) applies shall enter 
                the United States free of duty and free of any 
                quantitative restrictions, limitations, or consultation 
                levels.
                    ``(C) Handloomed, handmade, and folklore 
                articles.--For purposes of subparagraph (A)(vi), the 
                President shall consult with representatives of the 
                ATPEA beneficiary countries concerned for the purpose 
                of identifying particular textile and apparel goods 
                that are mutually agreed upon as being handloomed, 
                handmade, or folklore goods of a kind described in 
                section 2.3(a), (b), or (c) of the Annex or Appendix 
                3.1.B.11 of the Annex.
                    ``(D) Penalties for transshipments.--
                            ``(i) Penalties for exporters.--If the 
                        President determines, based on sufficient 
                        evidence, that an exporter has engaged in 
                        transshipment with respect to textile or 
                        apparel articles from an ATPEA beneficiary 
                        country, then the President shall deny all 
                        benefits under this title to such exporter, and 
                        any successor of such exporter, for a period of 
                        2 years.
                            ``(ii) Penalties for countries.--Whenever 
                        the President finds, based on sufficient 
                        evidence, that transshipment has occurred, the 
                        President shall request that the ATPEA 
                        beneficiary country or countries through whose 
                        territory the transshipment has occurred take 
                        all necessary and appropriate actions to 
                        prevent such transshipment. If the President 
                        determines that a country is not taking such 
                        actions, the President shall reduce the 
                        quantities of textile and apparel articles that 
                        may be imported into the United States from 
                        such country by the quantity of the 
                        transshipped articles multiplied by 3, to the 
                        extent consistent with the obligations of the 
                        United States under the WTO.
                            ``(iii) Transshipment described.--
                        Transshipment within the meaning of this 
                        subparagraph has occurred when preferential 
                        treatment under subparagraph (B) has been 
                        claimed for a textile or apparel article on the 
                        basis of material false information concerning 
                        the country of origin, manufacture, processing, 
                        or assembly of the article or any of its 
                        components. For purposes of this clause, false 
                        information is material if disclosure of the 
                        true information would mean or would have meant 
                        that the article is or was ineligible for 
                        preferential treatment under subparagraph (B).
                    ``(E) Bilateral emergency actions.--
                            ``(i) In general.--The President may take 
                        bilateral emergency tariff actions of a kind 
                        described in section 4 of the Annex with 
                        respect to any apparel article imported from an 
                        ATPEA beneficiary country if the application of 
                        tariff treatment under subparagraph (B) to such 
                        article results in conditions that would be 
                        cause for the taking of such actions under such 
                        section 4 with respect to a like article 
                        described in the same 8-digit subheading of the 
                        HTS that is imported from Mexico.
                            ``(ii) Rules relating to bilateral 
                        emergency action.--For purposes of applying 
                        bilateral emergency action under this 
                        subparagraph--
                                    ``(I) the requirements of paragraph 
                                (5) of section 4 of the Annex (relating 
                                to providing compensation) shall not 
                                apply;
                                    ``(II) the term `transition period' 
                                in section 4 of the Annex shall have 
                                the meaning given that term in 
                                paragraph (5)(D) of this subsection; 
                                and
                                    ``(III) the requirements to consult 
                                specified in section 4 of the Annex 
                                shall be treated as satisfied if the 
                                President requests consultations with 
                                the ATPEA beneficiary country in 
                                question and the country does not agree 
                                to consult within the time period 
                                specified under section 4.
            ``(3) Transition period treatment of certain other articles 
        originating in beneficiary countries.--
                    ``(A) Equivalent tariff treatment.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), the tariff treatment accorded at any 
                        time during the transition period to any 
                        article referred to in any of subparagraphs 
                        (B), (D) through (F), or (H) of paragraph (1) 
                        that is an ATPEA originating good, imported 
                        directly into the customs territory of the 
                        United States from an ATPEA beneficiary 
                        country, shall be identical to the tariff 
                        treatment that is accorded at such time under 
                        Annex 302.2 of the NAFTA to an article 
                        described in the same 8-digit subheading of the 
                        HTS that is a good of Mexico and is imported 
                        into the United States.
                            ``(ii) Exception.--Clause (i) does not 
                        apply to any article accorded duty-free 
                        treatment under U.S. Note 2(b) to subchapter II 
                        of chapter 98 of the HTS.
                            ``(iii) Certain Footwear.--
                                    ``(I) In general.--Duties on any 
                                article described in subclause (II), 
                                that is an ATPEA originating good 
                                imported directly into the customs 
                                territory of the United States from an 
                                ATPEA beneficiary country, shall be 
                                reduced by 1/15 a year beginning on the 
                                date of enactment of the Andean Trade 
                                Preference Expansion Act.
                                    ``(II) Articles described.--An 
                                article described in this subclause 
                                means an article described in 
                                subheading 6401.10.00, 6401.91.00, 
                                6401.92.90, 6401.99.30, 6401.99.60, 
                                6401.99.90, 6402.30.50, 6402.30.70, 
                                6402.30.80, 6402.91.50, 6402.91.80, 
                                6402.91.90, 6402.99.20, 6402.99.30, 
                                6402.99.80, 6402.99.90, 6403.91.60, 
                                6404.11.50, 6404.11.60, 6404.11.70, 
                                6404.11.80, 6404.11.90, 6404.19.20, 
                                6404.19.35, 6404.19.50, or 6404.19.70 
                                of the HTS.
                    ``(B) Relationship to subsection (c) duty 
                reductions.--If at any time during the transition 
                period the rate of duty that would (but for action 
                taken under subparagraph (A)(i) in regard to such 
                period) apply with respect to any article under 
                subsection (c) is a rate of duty that is lower than the 
                rate of duty resulting from such action, then such 
                lower rate of duty shall be applied for the purposes of 
                implementing such action.
                    ``(C) Special rule for sugars, syrups, and sugar 
                containing products.--Duty-free treatment under this 
                Act shall not be extended to sugars, syrups, and sugar-
                containing products subject to over-quota duty rates 
                under applicable tariff-rate quotas.
                    ``(D) Special rule for certain tuna products.--
                            ``(i) In general.--The President may 
                        proclaim duty-free treatment under this Act for 
                        tuna that is harvested by United States vessels 
                        or ATPEA beneficiary country vessels, and is 
                        prepared or preserved in any manner, in 
                        airtight containers in an ATPEA beneficiary 
                        country. Such duty-free treatment may be 
                        proclaimed in any calendar year for a quantity 
                        of such tuna that does not exceed 20 percent of 
                        the domestic United States tuna pack in the 
                        preceding calendar year. As used in the 
                        preceding sentence, the term `tuna pack' means 
                        tuna pack as defined by the National Marine 
                        Fisheries Service of the United States 
                        Department of Commerce for purposes of 
                        subheading 1604.14.20 of the HTS as in effect 
                        on the date of enactment of the Andean Trade 
                        Preference Expansion Act.
                            ``(ii) United states vessel.--For purposes 
                        of this subparagraph, a `United States vessel' 
                        is a vessel having a certificate of 
                        documentation with a fishery endorsement under 
                        chapter 121 of title 46, United States Code.
                            ``(iii) ATPEA vessel.--For purposes of this 
                        subparagraph, an `ATPEA vessel' is a vessel--
                                    ``(I) which is registered or 
                                recorded in an ATPEA beneficiary 
                                country;
                                    ``(II) which sails under the flag 
                                of an ATPEA beneficiary country;
                                    ``(III) which is at least 75 
                                percent owned by nationals of an ATPEA 
                                beneficiary country or by a company 
                                having its principal place of business 
                                in an ATPEA beneficiary country, of 
                                which the manager or managers, chairman 
                                of the board of directors or of the 
                                supervisory board, and the majority of 
                                the members of such boards are 
                                nationals of an ATPEA beneficiary 
                                country and of which, in the case of a 
                                company, at least 50 percent of the 
                                capital is owned by an ATPEA 
                                beneficiary country or by public bodies 
                                or nationals of an ATPEA beneficiary 
                                country;
                                    ``(IV) of which the master and 
                                officers are nationals of an ATPEA 
                                beneficiary country; and
                                    ``(V) of which at least 75 percent 
                                of the crew are nationals of an ATPEA 
                                beneficiary country.
            ``(4) Customs procedures.--
                    ``(A) In general.--
                            ``(i) Regulations.--Any importer that 
                        claims preferential treatment under paragraph 
                        (2) or (3) shall comply with customs procedures 
                        similar in all material respects to the 
                        requirements of Article 502(1) of the NAFTA as 
                        implemented pursuant to United States law, in 
                        accordance with regulations promulgated by the 
                        Secretary of the Treasury.
                            ``(ii) Determination.--
                                    ``(I) In general.--In order to 
                                qualify for the preferential treatment 
                                under paragraph (2) or (3) and for a 
                                Certificate of Origin to be valid with 
                                respect to any article for which such 
                                treatment is claimed, there shall be in 
                                effect a determination by the President 
                                that each country described in 
                                subclause (II)--
                                            ``(aa) has implemented and 
                                        follows; or
                                            ``(bb) is making 
                                        substantial progress toward 
                                        implementing and following, 
                                        procedures and requirements 
                                        similar in all material 
                                        respects to the relevant 
                                        procedures and requirements 
                                        under chapter 5 of the NAFTA.
                                    ``(II) Country described.--A 
                                country is described in this subclause 
                                if it is an ATPEA beneficiary country--
                                            ``(aa) from which the 
                                        article is exported; or
                                            ``(bb) in which materials 
                                        used in the production of the 
                                        article originate or in which 
                                        the article or such materials 
                                        undergo production that 
                                        contributes to a claim that the 
                                        article is eligible for 
                                        preferential treatment under 
                                        paragraph (2) or (3).
                    ``(B) Certificate of origin.--The Certificate of 
                Origin that otherwise would be required pursuant to the 
                provisions of subparagraph (A) shall not be required in 
                the case of an article imported under paragraph (2) or 
                (3) if such Certificate of Origin would not be required 
                under Article 503 of the NAFTA (as implemented pursuant 
                to United States law), if the article were imported 
                from Mexico.
                    ``(C) Report by ustr on cooperation of other 
                countries concerning circumvention.--The United States 
                Commissioner of Customs shall conduct a study analyzing 
                the extent to which each ATPEA beneficiary country--
                            ``(i) has cooperated fully with the United 
                        States, consistent with its domestic laws and 
                        procedures, in instances of circumvention or 
                        alleged circumvention of existing quotas on 
                        imports of textile and apparel goods, to 
                        establish necessary relevant facts in the 
                        places of import, export, and, where 
                        applicable, transshipment, including 
                        investigation of circumvention practices, 
                        exchanges of documents, correspondence, 
                        reports, and other relevant information, to the 
                        extent such information is available;
                            ``(ii) has taken appropriate measures, 
                        consistent with its domestic laws and 
                        procedures, against exporters and importers 
                        involved in instances of false declaration 
                        concerning fiber content, quantities, 
                        description, classification, or origin of 
                        textile and apparel goods; and
                            ``(iii) has penalized the individuals and 
                        entities involved in any such circumvention, 
                        consistent with its domestic laws and 
                        procedures, and has worked closely to seek the 
                        cooperation of any third country to prevent 
                        such circumvention from taking place in that 
                        third country.
                The Trade Representative shall submit to Congress, not 
                later than October 1, 2002, a report on the study 
                conducted under this subparagraph.
            ``(5) Definitions and special rules.--For purposes of this 
        subsection--
                    ``(A) Annex.--The term `the Annex' means Annex 300-
                B of the NAFTA.
                    ``(B) ATPEA beneficiary country.--The term `ATPEA 
                beneficiary country' means any `beneficiary country', 
                as defined in section 203(a)(1) of this title, which 
                the President designates as an ATPEA beneficiary 
                country, taking into account the criteria contained in 
                subsections (c) and (d) of section 203 and other 
                appropriate criteria, including the following:
                            ``(i) Whether the beneficiary country has 
                        demonstrated a commitment to--
                                    ``(I) undertake its obligations 
                                under the WTO, including those 
                                agreements listed in section 101(d) of 
                                the Uruguay Round Agreements Act, on or 
                                ahead of schedule; and
                                    ``(II) participate in negotiations 
                                toward the completion of the FTAA or 
                                another free trade agreement.
                            ``(ii) The extent to which the country 
                        provides protection of intellectual property 
                        rights consistent with or greater than the 
                        protection afforded under the Agreement on 
                        Trade-Related Aspects of Intellectual Property 
                        Rights described in section 101(d)(15) of the 
                        Uruguay Round Agreements Act.
                            ``(iii) The extent to which the country 
                        provides internationally recognized worker 
                        rights, including--
                                    ``(I) the right of association;
                                    ``(II) the right to organize and 
                                bargain collectively;
                                    ``(III) a prohibition on the use of 
                                any form of forced or compulsory labor;
                                    ``(IV) a minimum age for the 
                                employment of children; and
                                    ``(V) acceptable conditions of work 
                                with respect to minimum wages, hours of 
                                work, and occupational safety and 
                                health.
                            ``(iv) Whether the country has implemented 
                        its commitments to eliminate the worst forms of 
                        child labor, as defined in section 507(6) of 
                        the Trade Act of 1974.
                            ``(v) The extent to which the country has 
                        met the counter-narcotics certification 
                        criteria set forth in section 490 of the 
                        Foreign Assistance Act of 1961 (22 U.S.C. 
                        2291j) for eligibility for United States 
                        assistance.
                            ``(vi) The extent to which the country has 
                        taken steps to become a party to and implements 
                        the Inter-American Convention Against 
                        Corruption.
                            ``(vii) The extent to which the country--
                                    ``(I) applies transparent, 
                                nondiscriminatory, and competitive 
                                procedures in government procurement 
                                equivalent to those contained in the 
                                Agreement on Government Procurement 
                                described in section 101(d)(17) of the 
                                Uruguay Round Agreements Act; and
                                    ``(II) contributes to efforts in 
                                international fora to develop and 
                                implement international rules in 
                                transparency in government procurement.
                            ``(viii) The extent to which the country 
                        has taken steps to support the efforts of the 
                        United States to combat terrorism.
                    ``(C) ATPEA originating good.--
                            ``(i) In general.--The term `ATPEA 
                        originating good' means a good that meets the 
                        rules of origin for a good set forth in chapter 
                        4 of the NAFTA as implemented pursuant to 
                        United States law.
                            ``(ii) Application of chapter 4.--In 
                        applying chapter 4 of the NAFTA with respect to 
                        an ATPEA beneficiary country for purposes of 
                        this subsection--
                                    ``(I) no country other than the 
                                United States and an ATPEA beneficiary 
                                country may be treated as being a party 
                                to the NAFTA;
                                    ``(II) any reference to trade 
                                between the United States and Mexico 
                                shall be deemed to refer to trade 
                                between the United States and an ATPEA 
                                beneficiary country;
                                    ``(III) any reference to a party 
                                shall be deemed to refer to an ATPEA 
                                beneficiary country or the United 
                                States; and
                                    ``(IV) any reference to parties 
                                shall be deemed to refer to any 
                                combination of ATPEA beneficiary 
                                countries or to the United States and 
                                one or more ATPEA beneficiary countries 
                                (or any combination thereof).
                    ``(D) Transition period.--The term `transition 
                period' means, with respect to an ATPEA beneficiary 
                country, the period that begins on the date of 
                enactment, and ends on the earlier of--
                            ``(i) February 28, 2006; or
                            ``(ii) the date on which the FTAA or 
                        another free trade agreement that makes 
                        substantial progress in achieving the 
                        negotiating objectives set forth in section 
                        108(b)(5) of Public Law 103-182 (19 U.S.C. 
                        3317(b)(5)) enters into force with respect to 
                        the United States and the ATPEA beneficiary 
                        country.
                    ``(E) ATPEA.--The term `ATPEA' means the Andean 
                Trade Preference Expansion Act.
                    ``(F) FTAA.--The term `FTAA' means the Free Trade 
                Area of the Americas.''.
    (b) Determination Regarding Retention of Designation.--Section 
203(e) of the Andean Trade Preference Act (19 U.S.C. 3202(e)) is 
amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively;
                    (B) by inserting ``(A)'' after ``(1)''; and
                    (C) by adding at the end the following:
    ``(B) The President may, after the requirements of paragraph (2) 
have been met--
            ``(i) withdraw or suspend the designation of any country as 
        an ATPEA beneficiary country; or
            ``(ii) withdraw, suspend, or limit the application of 
        preferential treatment under section 204(b) (2) and (3) to any 
        article of any country;
if, after such designation, the President determines that, as a result 
of changed circumstances, the performance of such country is not 
satisfactory under the criteria set forth in section 204(b)(5)(B).''; 
and
            (2) by adding after paragraph (2) the following new 
        paragraph:
    ``(3) If preferential treatment under section 204(b) (2) and (3) is 
withdrawn, suspended, or limited with respect to an ATPEA beneficiary 
country, such country shall not be deemed to be a `party' for the 
purposes of applying section 204(b)(5)(C) to imports of articles for 
which preferential treatment has been withdrawn, suspended, or limited 
with respect to such country.''.
    (c) Reporting Requirements.--Section 203(f) of the Andean Trade 
Preference Act (19 U.S.C. 3202(f)) is amended to read as follows:
    ``(f) Reporting Requirements.--
            ``(1) In general.--Not later than December 31, 2002, and 
        every 2 years thereafter during the period this title is in 
        effect, the United States Trade Representative shall submit to 
        Congress a report regarding the operation of this title, 
        including--
                    ``(A) with respect to subsections (c) and (d), the 
                results of a general review of beneficiary countries 
                based on the considerations described in such 
                subsections; and
                    ``(B) the performance of each beneficiary country 
                or ATPEA beneficiary country, as the case may be, under 
                the criteria set forth in section 204(b)(5)(B).
            ``(2) Public comment.--Before submitting the report 
        described in paragraph (1), the United States Trade 
        Representative shall publish a notice in the Federal Register 
        requesting public comments on whether beneficiary countries are 
        meeting the criteria listed in section 204(b)(5)(B).''.
    (d) Conforming Amendments.--
            (1) In general.--
                    (A) Section 202 of the Andean Trade Preference Act 
                (19 U.S.C. 3201) is amended by inserting ``(or other 
                preferential treatment)'' after ``treatment''.
                    (B) Section 204(a)(1) of the Andean Trade 
                Preference Act (19 U.S.C. 3203(a)(1)) is amended by 
                inserting ``(or otherwise provided for)'' after 
                ``eligibility''.
                    (C) Section 204(a)(1) of the Andean Trade 
                Preference Act (19 U.S.C. 3203(a)(1)) is amended by 
                inserting ``(or preferential treatment)'' after ``duty-
                free treatment''.
            (2) Definitions.--Section 203(a) of the Andean Trade 
        Preference Act (19 U.S.C. 3202(a)) is amended by adding at the 
        end the following new paragraphs:
            ``(4) The term ``NAFTA'' means the North American Free 
        Trade Agreement entered into between the United States, Mexico, 
        and Canada on December 17, 1992.
            ``(5) The terms `WTO' and `WTO member' have the meanings 
        given those terms in section 2 of the Uruguay Round Agreements 
        Act (19 U.S.C. 3501).''.
    (e) Petitions for Review.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the President shall promulgate 
        regulations regarding the review of eligibility of articles and 
        countries under the Andean Trade Preference Act, consistent 
        with section 203(e) of such Act, as amended by this title.
            (2) Content of regulations.--The regulations shall be 
        similar to the regulations regarding eligibility under the 
        Generalized System of Preferences with respect to the timetable 
        for reviews and content, and shall include procedures for 
        requesting withdrawal, suspension, or limitations of 
        preferential duty treatment under the Act, conducting reviews 
        of such requests, and implementing the results of the reviews.

SEC. 3103. TERMINATION.

    (a) In General.--Section 208(b) of the Andean Trade Preference Act 
(19 U.S.C. 3206(b)) is amended to read as follows:
    ``(b) Termination of Preferential Treatment.--No preferential duty 
treatment extended to beneficiary countries under this Act shall remain 
in effect after February 28, 2006.''.
    (b) Retroactive Application for Certain Liquidations and 
Reliquidations.--
            (1) In general.--Notwithstanding section 514 of the Tariff 
        Act of 1930 or any other provision of law, and subject to 
        paragraph (3), the entry--
                    (A) of any article to which duty-free treatment (or 
                preferential treatment) under the Andean Trade 
                Preference Act (19 U.S.C. 3201 et seq.) would have 
                applied if the entry had been made on December 4, 2001,
                    (B) that was made after December 4, 2001, and 
                before the date of the enactment of this Act, and
                    (C) to which duty-free treatment (or preferential 
                treatment) under the Andean Trade Preference Act did 
                not apply,
        shall be liquidated or reliquidated as if such duty-free 
        treatment (or preferential treatment) applied, and the 
        Secretary of the Treasury shall refund any duty paid with 
        respect to such entry.
            (2) Entry.--As used in this subsection, the term ``entry'' 
        includes a withdrawal from warehouse for consumption.
            (3) Requests.--Liquidation or reliquidation may be made 
        under paragraph (1) with respect to an entry only if a request 
        therefor is filed with the Customs Service, within 180 days 
        after the date of the enactment of this Act, that contains 
        sufficient information to enable the Customs Service--
                    (A) to locate the entry; or
                    (B) to reconstruct the entry if it cannot be 
                located.

               TITLE XXXII--MISCELLANEOUS TRADE BENEFITS

SEC. 3201. WOOL PROVISIONS.

    (a) Short Title.--This section may be cited as the ``Wool 
Manufacturer Payment Clarification and Technical Corrections Act''.
    (b) Clarification of Temporary Duty Suspension.--Heading 9902.51.13 
of the Harmonized Tariff Schedule of the United States is amended by 
inserting ``average'' before ``diameters''.
    (c) Payments to Manufacturers of Certain Wool Products.--
            (1) Payments.--Section 505 of the Trade and Development Act 
        of 2000 (Public Law 106-200; 114 Stat. 303) is amended as 
        follows:
                    (A) Subsection (a) is amended--
                            (i) by striking ``In each of the calendar 
                        years'' and inserting ``For each of the 
                        calendar years''; and
                            (ii) by striking ``for a refund of duties'' 
                        and all that follows through the end of the 
                        subsection and inserting ``for a payment equal 
                        to an amount determined pursuant to subsection 
                        (d)(1).''.
                    (B) Subsection (b) is amended to read as follows:
    ``(b) Wool Yarn.--
            ``(1) Importing manufacturers.--For each of the calendar 
        years 2000, 2001, and 2002, a manufacturer of worsted wool 
        fabrics who imports wool yarn of the kind described in heading 
        9902.51.13 of the Harmonized Tariff Schedule of the United 
        States shall be eligible for a payment equal to an amount 
        determined pursuant to subsection (d)(2).
            ``(2) Nonimporting manufacturers.--For each of the calendar 
        years 2001 and 2002, any other manufacturer of worsted wool 
        fabrics of imported wool yarn of the kind described in heading 
        9902.51.13 of the Harmonized Tariff Schedule of the United 
        States shall be eligible for a payment equal to an amount 
        determined pursuant to subsection (d)(2).''.
                    (C) Subsection (c) is amended to read as follows:
    ``(c) Wool Fiber and Wool Top.--
            ``(1) Importing manufacturers.--For each of the calendar 
        years 2000, 2001, and 2002, a manufacturer of wool yarn or wool 
        fabric who imports wool fiber or wool top of the kind described 
        in heading 9902.51.14 of the Harmonized Tariff Schedule of the 
        United States shall be eligible for a payment equal to an 
        amount determined pursuant to subsection (d)(3).
            ``(2) Nonimporting manufacturers.--For each of the calendar 
        years 2001 and 2002, any other manufacturer of wool yarn or 
        wool fabric of imported wool fiber or wool top of the kind 
        described in heading 9902.51.14 of the Harmonized Tariff 
        Schedule of the United States shall be eligible for a payment 
        equal to an amount determined pursuant to subsection (d)(3).''.
                    (D) Section 505 is further amended by striking 
                subsection (d) and inserting the following new 
                subsections:
    ``(d) Amount of Annual Payments to Manufacturers.--
            ``(1) Manufacturers of men's suits, etc. of imported 
        worsted wool fabrics.--
                    ``(A) Eligible to receive more than $5,000.--Each 
                annual payment to manufacturers described in subsection 
                (a) who, according to the records of the Customs 
                Service as of September 11, 2001, are eligible to 
                receive more than $5,000 for each of the calendar years 
                2000, 2001, and 2002, shall be in an amount equal to 
                one-third of the amount determined by multiplying 
                $30,124,000 by a fraction--
                            ``(i) the numerator of which is the amount 
                        attributable to the duties paid on eligible 
                        wool products imported in calendar year 1999 by 
                        the manufacturer making the claim, and
                            ``(ii) the denominator of which is the 
                        total amount attributable to the duties paid on 
                        eligible wool products imported in calendar 
                        year 1999 by all the manufacturers described in 
                        subsection (a) who, according to the records of 
                        the Customs Service as of September 11, 2001, 
                        are eligible to receive more than $5,000 for 
                        each such calendar year under this section as 
                        it was in effect on that date.
                    ``(B) Eligible wool products.--For purposes of 
                subparagraph (A), the term `eligible wool products' 
                refers to imported worsted wool fabrics described in 
                subsection (a).
                    ``(C) Others.--All manufacturers described in 
                subsection (a), other than the manufacturers to which 
                subparagraph (A) applies, shall each receive an annual 
                payment in an amount equal to one-third of the amount 
                determined by dividing $1,665,000 by the number of all 
                such other manufacturers.
            ``(2) Manufacturers of worsted wool fabrics of imported 
        wool yarn.--
                    ``(A) Importing manufacturers.--Each annual payment 
                to an importing manufacturer described in subsection 
                (b)(1) shall be in an amount equal to one-third of the 
                amount determined by multiplying $2,202,000 by a 
                fraction--
                            ``(i) the numerator of which is the amount 
                        attributable to the duties paid on eligible 
                        wool products imported in calendar year 1999 by 
                        the importing manufacturer making the claim, 
                        and
                            ``(ii) the denominator of which is the 
                        total amount attributable to the duties paid on 
                        eligible wool products imported in calendar 
                        year 1999 by all the importing manufacturers 
                        described in subsection (b)(1).
                    ``(B) Eligible wool products.--For purposes of 
                subparagraph (A), the term `eligible wool products' 
                refers to imported wool yarn described in subsection 
                (b)(1).
                    ``(C) Nonimporting manufacturers.--Each annual 
                payment to a nonimporting manufacturer described in 
                subsection (b)(2) shall be in an amount equal to one-
                half of the amount determined by multiplying $141,000 
                by a fraction--
                            ``(i) the numerator of which is the amount 
                        attributable to the purchases of imported 
                        eligible wool products in calendar year 1999 by 
                        the nonimporting manufacturer making the claim, 
                        and
                            ``(ii) the denominator of which is the 
                        total amount attributable to the purchases of 
                        imported eligible wool products in calendar 
                        year 1999 by all the nonimporting manufacturers 
                        described in subsection (b)(2).
            ``(3) Manufacturers of wool yarn or wool fabric of imported 
        wool fiber or wool top.--
                    ``(A) Importing manufacturers.--Each annual payment 
                to an importing manufacturer described in subsection 
                (c)(1) shall be in an amount equal to one-third of the 
                amount determined by multiplying $1,522,000 by a 
                fraction--
                            ``(i) the numerator of which is the amount 
                        attributable to the duties paid on eligible 
                        wool products imported in calendar year 1999 by 
                        the importing manufacturer making the claim, 
                        and
                            ``(ii) the denominator of which is the 
                        total amount attributable to the duties paid on 
                        eligible wool products imported in calendar 
                        year 1999 by all the importing manufacturers 
                        described in subsection (c)(1).
                    ``(B) Eligible wool products.--For purposes of 
                subparagraph (A), the term `eligible wool products' 
                refers to imported wool fiber or wool top described in 
                subsection (c)(1).
                    ``(C) Nonimporting manufacturers.--Each annual 
                payment to a nonimporting manufacturer described in 
                subsection (c)(2) shall be in an amount equal to one-
                half of the amount determined by multiplying $597,000 
                by a fraction--
                            ``(i) the numerator of which is the amount 
                        attributable to the purchases of imported 
                        eligible wool products in calendar year 1999 by 
                        the nonimporting manufacturer making the claim, 
                        and
                            ``(ii) the denominator of which is the 
                        amount attributable to the purchases of 
                        imported eligible wool products in calendar 
                        year 1999 by all the nonimporting manufacturers 
                        described in subsection (c)(2).
            ``(4) Letters of intent.--Except for the nonimporting 
        manufacturers described in subsections (b)(2) and (c)(2) who 
        may make claims under this section by virtue of the enactment 
        of the Wool Manufacturer Payment Clarification and Technical 
        Corrections Act, only manufacturers who, according to the 
        records of the Customs Service, filed with the Customs Service 
        before September 11, 2001, letters of intent to establish 
        eligibility to be claimants are eligible to make a claim for a 
        payment under this section.
            ``(5) Amount attributable to purchases by nonimporting 
        manufacturers.--
                    ``(A) Amount attributable.--For purposes of 
                paragraphs (2)(C) and (3)(C), the amount attributable 
                to the purchases of imported eligible wool products in 
                calendar year 1999 by a nonimporting manufacturer shall 
                be the amount the nonimporting manufacturer paid for 
                eligible wool products in calendar year 1999, as 
                evidenced by invoices. The nonimporting manufacturer 
                shall make such calculation and submit the resulting 
                amount to the Customs Service, within 45 days after the 
                date of enactment of the Wool Manufacturer Payment 
                Clarification and Technical Corrections Act, in a 
                signed affidavit that attests that the information 
                contained therein is true and accurate to the best of 
                the affiant's belief and knowledge. The nonimporting 
                manufacturer shall retain the records upon which the 
                calculation is based for a period of five years 
                beginning on the date the affidavit is submitted to the 
                Customs Service.
                    ``(B) Eligible wool product.--For purposes of 
                subparagraph (A)--
                            ``(i) the eligible wool product for 
                        nonimporting manufacturers of worsted wool 
                        fabrics is wool yarn of the kind described in 
                        heading 9902.51.13 of the Harmonized Tariff 
                        Schedule of the United States purchased in 
                        calendar year 1999; and
                            ``(ii) the eligible wool products for 
                        nonimporting manufacturers of wool yarn or wool 
                        fabric are wool fiber or wool top of the kind 
                        described in heading 9902.51.14 of such 
                        Schedule purchased in calendar year 1999.
            ``(6) Amount attributable to duties paid.--For purposes of 
        paragraphs (1), (2)(A), and (3)(A), the amount attributable to 
        the duties paid by a manufacturer shall be the amount shown on 
        the records of the Customs Service as of September 11, 2001, 
        under this section as then in effect.
            ``(7) Schedule of payments; reallocations.--
                    ``(A) Schedule.--Of the payments described in 
                paragraphs (1), (2)(A), and (3)(A), the Customs Service 
                shall make the first and second installments on or 
                before the date that is 45 days after the date of 
                enactment of the Wool Manufacturer Payment 
                Clarification and Technical Corrections Act, and the 
                third installment on or before April 15, 2003. Of the 
                payments described in paragraphs (2)(C) and (3)(C), the 
                Customs Service shall make the first installment on or 
                before the date that is 45 days after the date of 
                enactment of the Wool Manufacturer Payment 
                Clarification and Technical Corrections Act, and the 
                second installment on or before April 15, 2003.
                    ``(B) Reallocations.--In the event that a 
                manufacturer that would have received payment under 
                subparagraph (A) or (C) of paragraph (1), (2), or (3) 
                ceases to be qualified for such payment as such a 
                manufacturer, the amounts otherwise payable to the 
                remaining manufacturers under such subparagraph shall 
                be increased on a pro rata basis by the amount of the 
                payment such manufacturer would have received.
            ``(8) Reference.--For purposes of paragraphs (1)(A) and 
        (6), the `records of the Customs Service as of September 11, 
        2001' are the records of the Wool Duty Unit of the Customs 
        Service on September 11, 2001, as adjusted by the Customs 
        Service to the extent necessary to carry out this section. The 
        amounts so adjusted are not subject to administrative or 
        judicial review.
    ``(e) Affidavits by Manufacturers.--
            ``(1) Affidavit required.--A manufacturer may not receive a 
        payment under this section for calendar year 2000, 2001, or 
        2002, as the case may be, unless that manufacturer has 
        submitted to the Customs Service for that calendar year a 
        signed affidavit that attests that, during that calendar year, 
        the affiant was a manufacturer in the United States described 
        in subsection (a), (b), or (c).
            ``(2) Timing.--An affidavit under paragraph (1) shall be 
        valid--
                    ``(A) in the case of a manufacturer described in 
                paragraph (1), (2)(A), or (3)(A) of subsection (d) 
                filing a claim for a payment for calendar year 2000 or 
                2001, or both, only if the affidavit is postmarked no 
                later than 15 days after the date of enactment of the 
                Wool Manufacturer Payment Clarification and Technical 
                Corrections Act; and
                    ``(B) in the case of a claim for a payment for 
                calendar year 2002, only if the affidavit is postmarked 
                no later than March 1, 2003.
    ``(f) Offsets.--Notwithstanding any other provision of this 
section, any amount otherwise payable under subsection (d) to a 
manufacturer in calendar year 2001 and, where applicable, in calendar 
years 2002 and 2003, shall be reduced by the amount of any payment 
received by that manufacturer under this section before the enactment 
of the Wool Manufacturer Payment Clarification and Technical 
Corrections Act.
    ``(g) Definition.--For purposes of this section, the manufacturer 
is the party that owns--
            ``(1) imported worsted wool fabric, of the kind described 
        in heading 9902.51.11 or 9902.51.12 of the Harmonized Tariff 
        Schedule of the United States, at the time the fabric is cut 
        and sewn in the United States into men's or boys' suits, suit-
        type jackets, or trousers;
            ``(2) imported wool yarn, of the kind described in heading 
        9902.51.13 of such Schedule, at the time the yarn is processed 
        in the United States into worsted wool fabric; or
            ``(3) imported wool fiber or wool top, of the kind 
        described in heading 9902.51.14 of such Schedule, at the time 
        the wool fiber or wool top is processed in the United States 
        into wool yarn.''.
            (2) Funding.--There is authorized to be appropriated and is 
        appropriated, out of amounts in the General Fund of the 
        Treasury not otherwise appropriated, $36,251,000 to carry out 
        the amendments made by paragraph (1).

SEC. 3202. DUTY SUSPENSION ON WOOL.

    (a) Extension of Temporary Duty Reductions.--
            (1) Heading 9902.51.11.-- Heading 9902.51.11 of the 
        Harmonized Tariff Schedule of the United States is amended by 
        striking ``2003'' and inserting ``2005''.
            (2) Heading 9902.51.12.-- Heading 9902.51.12 of the 
        Harmonized Tariff Schedule of the United States is amended--
                    (A) by striking ``2003'' and inserting ``2005''; 
                and
                    (B) by striking ``6%'' and inserting ``Free''.
            (3) Heading 9902.51.13.--Heading 9902.51.13 of the 
        Harmonized Tariff Schedule of the United States is amended by 
        striking ``2003'' and inserting ``2005''.
            (4) Heading 9902.51.14.--Heading 9902.51.14 of the 
        Harmonized Tariff Schedule of the United States is amended by 
        striking ``2003'' and inserting ``2005''.
    (b) Limitation on Quantity of Imports.--
            (1) Note 15.--U.S. Note 15 to subchapter II of chapter 99 
        of the Harmonized Tariff Schedule of the United States is 
        amended--
                    (A) by striking ``from January 1 to December 31 of 
                each year, inclusive''; and
                    (B) by striking ``, or such other'' and inserting 
                the following: ``in calendar year 2001, 3,500,000 
                square meter equivalents in calendar year 2002, and 
                4,500,000 square meter equivalents in calendar year 
                2003 and each calendar year thereafter, or such 
                greater''.
            (2) Note 16.--U.S. Note 16 to subchapter II of chapter 99 
        of the Harmonized Tariff Schedule of the United States is 
        amended--
                    (A) by striking ``from January 1 to December 31 of 
                each year, inclusive''; and
                    (B) by striking ``, or such other'' and inserting 
                the following: ``in calendar year 2001, 2,500,000 
                square meter equivalents in calendar year 2002, and 
                3,500,000 square meter equivalents in calendar year 
                2003 and each calendar year thereafter, or such 
                greater''.
    (c) Extension of Duty Refunds and Wool Research Trust Fund.--
            (1) In general.--The United States Customs Service shall 
        pay each manufacturer that receives a payment under section 505 
        of the Trade and Development Act of 2000 (Public Law 106-200) 
        for calendar year 2002, and that provides an affidavit that it 
        remains a manufacturer in the United States as of January 1 of 
        the year of the payment, 2 additional payments, each payment 
        equal to the payment received for calendar year 2002 as 
        follows:
                    (A) The first payment to be made after January 1, 
                2004, but on or before April 15, 2004.
                    (B) The second payment to be made after January 1, 
                2005, but on or before April 15, 2005.
            (2) Conforming amendment.--Section 506(f) of the Trade and 
        Development Act of 2000 (Public Law 106-200) is amended by 
        striking ``2004'' and inserting ``2006''.
            (3) Authorization.--There is authorized to be appropriated 
        and is appropriated out of amounts in the general fund of the 
        Treasury not otherwise appropriated such sums as are necessary 
        to carry out the provisions of this subsection.
    (d) Effective Date.--The amendment made by subsection (a)(2)(B) 
applies to goods entered, or withdrawn from warehouse for consumption, 
on or after January 1, 2002.

SEC. 3203. CEILING FANS.

    (a) In General.--Notwithstanding any other provision of law, 
ceiling fans classified under subheading 8414.51.00 of the Harmonized 
Tariff Schedule of the United States imported from Thailand shall enter 
duty-free and without any quantitative limitations, if duty-free 
treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461 et 
seq.) would have applied to such entry had the competitive need 
limitation been waived under section 503(d) of such Act.
    (b) Applicability.--The provisions of this section shall apply to 
ceiling fans described in subsection (a) that are entered, or withdrawn 
from warehouse for consumption--
            (1) on or after the date that is 15 days after the date of 
        enactment of this Act; and
            (2) before July 30, 2002.

SEC. 3204. CERTAIN STEAM OR OTHER VAPOR GENERATING BOILERS USED IN 
              NUCLEAR FACILITIES.

    (a) In General.--Subheading 9902.84.02 of the Harmonized Tariff 
Schedule of the United States is amended--
            (1) by striking ``4.9%'' and inserting ``Free''; and
            (2) by striking ``12/31/2003'' and inserting ``12/31/
        2006''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall apply to goods entered, or withdrawn from warehouse for 
        consumption, on or after January 1, 2002.
            (2) Retroactive application.--Notwithstanding section 514 
        of the Tariff Act of 1930 or any other provision of law, and 
        subject to paragraph (4), the entry of any article--
                    (A) that was made on or after January 1, 2002, and
                    (B) to which duty-free treatment would have applied 
                if the amendment made by this section had been in 
                effect on the date of such entry,
        shall be liquidated or reliquidated as if such duty-free 
        treatment applied, and the Secretary of the Treasury shall 
        refund any duty paid with respect to such entry.
            (3) Entry.--As used in this subsection, the term ``entry'' 
        includes a withdrawal from warehouse for consumption.
            (4) Requests.--Liquidation or reliquidation may be made 
        under paragraph (2) with respect to an entry only if a request 
        therefor is filed with the Customs Service, within 180 days 
        after the date of the enactment of this Act, that contains 
        sufficient information to enable the Customs Service--
                    (A) to locate the entry; or
                    (B) to reconstruct the entry if it cannot be 
                located.

DIVISION D--EXTENSION OF CERTAIN PREFERENTIAL TRADE TREATMENT AND OTHER 
                               PROVISIONS

       TITLE XLI--EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES

SEC. 4101. GENERALIZED SYSTEM OF PREFERENCES.

    (a) Extension of Duty-Free Treatment Under System.--Section 505 of 
the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking 
``September 30, 2001'' and inserting ``December 31, 2006''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of enactment of this Act.
    (c) Retroactive Application for Certain Liquidations and 
Reliquidations.--
            (1) In general.--
                    (A) Entry of certain articles.--Notwithstanding 
                section 514 of the Tariff Act of 1930 or any other 
                provision of law, and subject to paragraph (2), the 
                entry--
                            (i) of any article to which duty-free 
                        treatment under title V of the Trade Act of 
                        1974 would have applied if the entry had been 
                        made on September 30, 2001;
                            (ii) that was made after September 30, 
                        2001, and before the date of enactment of this 
                        Act; and
                            (iii) to which duty-free treatment under 
                        title V of that Act did not apply,
                shall be liquidated or reliquidated as free of duty, 
                and the Secretary of the Treasury shall refund any duty 
                paid with respect to such entry.
                    (B) Entry.--In this subsection, the term ``entry'' 
                includes a withdrawal from warehouse for consumption.
            (2) Requests.--Liquidation or reliquidation may be made 
        under paragraph (1) with respect to an entry only if a request 
        therefor is filed with the Customs Service, within 180 days 
        after the date of enactment of this Act, that contains 
        sufficient information to enable the Customs Service--
                    (A) to locate the entry; or
                    (B) to reconstruct the entry if it cannot be 
                located.

SEC. 4102. AMENDMENTS TO GENERALIZED SYSTEM OF PREFERENCES.

    (a) Eligibility for Generalized System of Preferences.--Section 
502(b)(2)(F) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)(F)) is 
amended by striking the period at the end and inserting ``or such 
country has not taken steps to support the efforts of the United States 
to combat terrorism.''.
    (b) Definition of Internationally Recognized Worker Rights.--
Section 507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4)) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and'';
            (3) by adding at the end the following new subparagraph:
                    ``(F) a prohibition on discrimination with respect 
                to employment and occupation.''; and
            (4) by amending subparagraph (D) to read as follows:
                    ``(D) a minimum age for the employment of children, 
                and a prohibition on the worst forms of child labor, as 
                defined in paragraph (6);''.

                      TITLE XLII--OTHER PROVISIONS

SEC. 4201. TRANSPARENCY IN NAFTA TRIBUNALS.

    (a) Findings.--Congress makes the following findings:
            (1) Chapter Eleven of the North American Free Trade 
        Agreement (NAFTA) allows foreign investors to file claims 
        against signatory countries that directly or indirectly 
        nationalize or expropriate an investment, or take measures 
        ``tantamount to nationalization or expropriation'' of such an 
        investment.
            (2) Foreign investors have filed several claims against the 
        United States, arguing that regulatory activity has been 
        ``tantamount to nationalization or expropriation''. Most 
        notably, a Canadian chemical company claimed $970,000,000 in 
        damages allegedly resulting from a California State regulation 
        banning the use of a gasoline additive produced by that 
        company.
            (3) A claim under Chapter Eleven of the NAFTA is 
        adjudicated by a three-member panel, whose deliberations are 
        largely secret.
            (4) While it may be necessary to protect the 
        confidentiality of business sensitive information, the general 
        lack of transparency of these proceedings has been excessive.
    (b) Purpose.--The purpose of this amendment is to ensure that the 
proceedings of the NAFTA investor protection tribunals are as 
transparent as possible, consistent with the need to protect the 
confidentiality of business sensitive information.
    (c) Chapter 11 of NAFTA.--The President shall negotiate with Canada 
and Mexico an amendment to Chapter Eleven of the NAFTA to ensure the 
fullest transparency possible with respect to the dispute settlement 
mechanism in that Chapter, consistent with the need to protect 
information that is classified or confidential, by--
            (1) ensuring that all requests for dispute settlement under 
        Chapter Eleven are promptly made public;
            (2) ensuring that with respect to Chapter Eleven--
                    (A) all proceedings, submissions, findings, and 
                decisions are promptly made public; and
                    (B) all hearings are open to the public; and
            (3) establishing a mechanism under that Chapter for 
        acceptance of amicus curiae submissions from businesses, 
        unions, and nongovernmental organizations.
    (d) Certification Requirements.--Within one year of the date of 
enactment of this Act, the U.S. Trade Representative shall certify to 
Congress that the President has fulfilled the requirements set forth in 
subsection (c).

SEC. 4202. EXPRESSION OF SOLIDARITY WITH ISRAEL IN ITS FIGHT AGAINST 
              TERRORISM.

    (a) Findings.--Congress makes the following findings:
            (1) The United States and Israel are now engaged in a 
        common struggle against terrorism and are on the frontlines of 
        a conflict thrust upon them against their will.
            (2) President George W. Bush declared on November 21, 2001, 
        ``We fight the terrorists and we fight all of those who give 
        them aid. America has a message for the nations of the world: 
        If you harbor terrorists, you are terrorists. If you train or 
        arm a terrorist, you are a terrorist. If you feed a terrorist 
        or fund a terrorist, you are a terrorist, and you will be held 
        accountable by the United States and our friends.''.
            (3) The United States has committed to provide resources to 
        states on the frontline in the war against terrorism.
    (b) Sense of Congress.--The Congress--
            (1) stands in solidarity with Israel, a frontline state in 
        the war against terrorism, as it takes necessary steps to 
        provide security to its people by dismantling the terrorist 
        infrastructure in the Palestinian areas;
            (2) remains committed to Israel's right to self-defense;
            (3) will continue to assist Israel in strengthening its 
        homeland defenses;
            (4) condemns Palestinian suicide bombings;
            (5) demands that the Palestinian Authority fulfill its 
        commitment to dismantle the terrorist infrastructure in the 
        Palestinian areas;
            (6) urges all Arab states, particularly the United States 
        allies, Egypt and Saudi Arabia, to declare their unqualified 
        opposition to all forms of terrorism, particularly suicide 
        bombing, and to act in concert with the United States to stop 
        the violence; and
            (7) urges all parties in the region to pursue vigorously 
        efforts to establish a just, lasting, and comprehensive peace 
        in the Middle East.

SEC. 4203. LIMITATION ON USE OF CERTAIN REVENUE.

    Notwithstanding any other provision of law, any revenue generated 
from custom user fees imposed pursuant to Section 13031(j)(3) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(j)(3)) may be used only to fund the operations of the United States 
Customs Service.

SEC. 4204. SENSE OF THE SENATE REGARDING THE UNITED STATES-RUSSIAN 
              FEDERATION SUMMIT MEETING, MAY 2002.

    (a) Findings.--The Senate finds that--
            (1) President George W. Bush will visit the Russian 
        Federation May 23-25, 2002, to meet with his Russian 
        counterpart, President Vladimir V. Putin;
            (2) the President and President Putin, and the United 
        States and Russian governments, continue to cooperate closely 
        in the fight against international terrorism;
            (3) the President seeks Russian cooperation in containing 
        the war-making capabilities of Iraq, including that country's 
        ongoing program to develop and deploy weapons of mass 
        destruction;
            (4) during his visit, the President expects to sign a 
        treaty to significantly reduce deployed American and Russian 
        nuclear weapons by 2012;
            (5) the President and his NATO partners have further 
        institutionalized United States-Russian security cooperation 
        through establishment of the NATO-Russia Council, which meets 
        for the first time on May 28, 2002, in Rome, Italy;
            (6) during his visit, the President will continue to 
        address religious freedom and human rights concerns through 
        open and candid discussions with President Putin, with leading 
        Russian activists, and with representatives of Russia's 
        revitalized and diverse Jewish community; and
            (7) recognizing Russia's progress on religious freedom and 
        a broad range of other mechanisms to address remaining 
        concerns, the President has asked the Congress to terminate 
        application to Russian of title IV of the Trade Act of 1974 
        (commonly known as the ``Jackson-Vanik Amendment'') and 
        authorize the extension of normal trade relations to the 
        products of Russia.
    (b) Sense of the Senate.--The Senate--
            (1) supports the President's efforts to deepen the 
        friendship between the American and Russian peoples;
            (2) further supports the policy objectives of the President 
        mentioned in this section with respect to the Russian 
        Federation;
            (3) supports terminating the application of title IV of the 
        Trade Act of 1974 to Russia in an appropriate and timely 
        manner; and
            (4) looks forward to learning the results of the 
        President's discussions with President Putin and other 
        representatives of the Russian government and Russian society.

SEC. 4205. NO APPROPRIATIONS.

    Notwithstanding any other provision of this Act, no direct 
appropriation may be made under this Act.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                               H. R. 3009

_______________________________________________________________________

                               AMENDMENT