[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3359 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3359

  To amend the Trade Act of 1974 to consolidate and improve the trade 
  adjustment assistance programs, to provide community-based economic 
 development assistance for trade-affected communities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 28, 2001

Mr. Bentsen (for himself and Ms. Eshoo) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend the Trade Act of 1974 to consolidate and improve the trade 
  adjustment assistance programs, to provide community-based economic 
 development assistance for trade-affected communities, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Adjustment 
Assistance for Workers, Farmers, Communities, and Firms Act of 2001''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
            TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Sec. 101. Adjustment assistance for workers.
Sec. 102. 50 percent refundable tax credit toward premiums for COBRA 
                            continuation coverage.
            TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

Sec. 201. Reauthorization of program.
         TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

Sec. 301. Purpose.
Sec. 302. Trade adjustment assistance for communities.
           TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

Sec. 401. Trade adjustment assistance for farmers.
           TITLE V--CONFORMING AMENDMENTS AND EFFECTIVE DATE

Sec. 501. Conforming amendments.
            TITLE VI--SAVINGS PROVISIONS AND EFFECTIVE DATE

Sec. 601. Savings provisions.
Sec. 602. Effective date.

            TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

SEC. 101. ADJUSTMENT ASSISTANCE FOR WORKERS.

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

             ``CHAPTER 2--ADJUSTMENT ASSISTANCE FOR WORKERS

                   ``Subchapter A--General Provisions

``SEC. 221. DEFINITIONS.

    ``In this chapter:
            ``(1) Additional compensation.--The term `additional 
        compensation' has the meaning given that term in section 205(3) 
        of the Federal-State 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 before 
                        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) Downstream producer.--The term `downstream producer' 
        means a firm that performs additional, value-added production 
processes, including a firm that performs final assembly, finishing, or 
packaging of articles produced by another firm.
            ``(11) Extended compensation.--The term `extended 
        compensation' has the meaning given that term in section 205(4) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).
            ``(12) 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.
            ``(13) Job search program.--The term `job search program' 
        means a job search workshop or job finding club.
            ``(14) Job search workshop.--The term `job search workshop' 
        means a short (1- to 3-day) 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.
            ``(15) On-the-job training.--The term `on-the-job training' 
        has the same meaning as that term has in section 101(31) of the 
        Workforce Investment Act.
            ``(16) Partial separation.--A partial 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.
            ``(17) 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).
            ``(18) Secretary.--The term `Secretary' means the Secretary 
        of Labor.
            ``(19) State.--The term `State' includes each State of the 
        United States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
            ``(20) State agency.--The term `State agency' means the 
        agency of the State that administers the State law.
            ``(21) State law.--The term `State law' means the 
        unemployment insurance law of the State approved by the 
        Secretary under section 3304 of the Internal Revenue Code of 
        1986.
            ``(22) Supplier.--The term `supplier' means a firm that 
        produces component parts for, or articles considered to be a 
        part of, the production process for articles produced by a firm 
        or subdivision covered by a certification of eligibility under 
        section 231. The term `supplier' also includes a firm that 
        provides services under contract to a firm or subdivision 
        covered by such certification.
            ``(23) 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.
            ``(24) Unemployment insurance.--The term `unemployment 
        insurance' means the unemployment compensation payable to an 
        individual under any State law or Federal unemployment 
        compensation law, including chapter 85 of title 5, United 
        States Code, and the Railroad Unemployment Insurance Act (45 
        U.S.C. 351 et seq.).
            ``(25) Week.--Except as provided in paragraph 5(B)(ii), the 
        term `week' means a week as defined in the applicable State 
        law.
            ``(26) Week of unemployment.--The term `week of 
        unemployment' means a week of total, part-total, or partial 
        unemployment as determined under the applicable State law or 
        Federal unemployment insurance law.

``SEC. 222. AGREEMENTS WITH STATES.

    ``(a) In General.--The Secretary is authorized on behalf of the 
United States to enter into an agreement with any State to facilitate 
the provision of services under this chapter.
    ``(b) Terms of Agreements.--
            ``(1) In general.--Any agreement entered into under 
        subsection (a) shall require that the delivery of services 
        under this chapter take place under terms and conditions as are 
        established by the Secretary in consultation with the State and 
        set forth in the agreement.
            ``(2) Provisions of agreements.--Under an agreement entered 
        into under subsection (a), and as an agent of the United 
        States, the State shall--
                    ``(A) facilitate the early filing of petitions 
                under section 231(b) for any group of workers that the 
                State considers are likely to be eligible for benefits 
                under this chapter;
                    ``(B) assist the Secretary in the review of any 
                petition submitted from that State by verifying the 
                information and providing other assistance as the 
                Secretary may request;
                    ``(C) provide to adversely affected workers 
                statewide rapid response activities under section 
                134(a)(2)(A) of the Workforce Investment Act of 1998 
                (29 U.S.C. 2864(a)(2)(A)) in the same manner and to the 
                same extent as any other worker eligible for those 
                activities;
                    ``(D) arrange for the provision of services through 
                the one-stop delivery system established in section 
                134(c) of the Workforce Investment Act of 1998 (29 
                U.S.C. 2864(c));
                    ``(E) 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;
                    ``(F) receive applications for services under this 
                chapter;
                    ``(G) provide payments on the basis provided in 
                this chapter;
                    ``(H) afford adversely affected workers the 
                services provided under section 134(d) of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2864(d)) in the same 
                manner and to the same extent as any other worker 
                eligible for those services;
                    ``(I) advise each adversely affected worker to 
                apply for training under section 240, and of the 
                deadlines for benefits related to enrollment in 
                training under this chapter;
                    ``(J) ensure that the State employees with 
                responsibility for carrying out an agreement 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.); 
                                and
                                    ``(IV) other Federal and State 
                                funded health care, child care, 
                                transportation, and assistance programs 
                                that the workers may be eligible for; 
                                and
                            ``(ii) provide such workers with 
                        information regarding how to apply for such 
                        assistance, services, and programs;
                    ``(K) provide adversely affected workers referral 
                to training approved under title I of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2801 et seq.), or any 
                other available Federal or State program designed to 
                assist dislocated workers or unemployed individuals;
                    ``(L) provide training services under this chapter 
                using organizations approved by the Secretary to 
                effectively assist workers eligible for assistance 
                under this chapter;
                    ``(M) collect and transmit to the Secretary any 
                data as the Secretary shall reasonably require to 
                assist the Secretary in assuring the effective and 
                efficient performance of the programs carried out under 
                this chapter; and
                    ``(N) otherwise actively cooperate with the 
                Secretary and with other Federal and State agencies in 
                providing payments and services under this chapter, 
                including participation in the performance measurement 
                system established by the Secretary under section 224.
    ``(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 a 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.
            ``(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; and
                    ``(E) the number of petitions filed and workers 
                certified in each United States congressional district.
    ``(c) State Participation.--The Secretary shall ensure, to the 
extent practicable, through oversight and effective internal control 
measures the following:
            ``(1) State participation.--Participation by each State in 
        the performance measurement system established under subsection 
        (b).
            ``(2) Monitoring.--Monitoring by each State of internal 
        control measures with respect to 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 this Act, the Secretary 
                shall submit to the Committee on Finance of the Senate 
                and the Committee on Ways and Means of the House of 
                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 (iv) of 
                subparagraph (A).
            ``(2) State reports.--Pursuant to regulations prescribed by 
        the Secretary, each State shall submit to the Secretary a 
        report that details its 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.

                     ``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) 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
                    ``(B)(i)(I) the value or volume of imports of 
                articles like or directly competitive with articles 
                produced by that firm or subdivision have increased; 
                and
                    ``(II) the increase in the value or volume of 
                imports described in subclause (I) contributed 
                importantly to the workers' separation or threat of 
                separation; or
                    ``(ii)(I) there has been a shift in 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
                    ``(II) the shift in production described in 
                subclause (I) 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 to a firm (or subdivision) or downstream 
                producer to a firm (or subdivision) described in 
                paragraph (1)(B) (i) or (ii); and
                    ``(C) a loss of business with a firm (or 
                subdivision) described in paragraph (1)(B) (i) or (ii) 
                contributed importantly to the workers' separation or 
                threat of separation determined under subparagraph (A).
            ``(3) Special provisions.--For purposes of this section--
                    ``(A) Oil and natural gas producers.--Any firm, or 
                appropriate subdivision of a firm, that engages in 
                exploration or drilling for oil or natural gas shall be 
considered to be a firm producing oil or natural gas.
                    ``(B) Oil and natural gas imports.--Any firm, or 
                appropriate subdivision of a firm, that engages in 
                exploration or drilling for oil or natural gas, or 
                otherwise produces oil or 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 Act, taconite 
                pellets produced in the United States shall be 
                considered to be an article that is like or directly 
                competitive with imports of semifinished steel slab.
                    ``(D) Service workers.--
                            ``(i) In general.--Not later than 6 months 
                        after the date of enactment of the Trade 
                        Adjustment Assistance for Workers, Farmers, 
                        Communities, and Firms Act of 2001, the 
                        Secretary shall establish a program to provide 
                        assistance under this chapter to domestic 
                        operators of motor carriers who are adversely 
                        affected by competition from foreign owned and 
                        operated motor carriers.
                            ``(ii) Data collection system.--Not later 
                        than 6 months after the date of enactment of 
                        the Trade Adjustment Assistance for Workers, 
                        Farmers, Communities, and Firms Act of 2001, 
                        the Secretary shall put in place a system to 
                        collect data on adversely affected service 
                        workers that includes the number of workers by 
                        State, industry and cause of dislocation for 
                        each worker.
                            ``(iii) Report.--Not later than 2 years 
                        after the date of enactment of the Trade 
                        Adjustment Assistance for Workers, Farmers, 
                        Communities, and Firms Act of 2001, the 
                        Secretary shall report to Congress the results 
                        of a study on means for extending the programs 
                        in this chapter to adversely affected service 
                        workers including legislative recommendations.
    ``(b) Petitions.--
            ``(1) In general.--A petition for certification of 
        eligibility for trade adjustment assistance under this chapter 
        for a group of adversely affected workers shall be filed 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.--The group of workers (including 
                workers in an agricultural firm or subdivision or any 
                agricultural firm).
                    ``(B) Worker representatives.--The certified or 
                recognized union or other duly 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 direct 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.); 
                                and
                                    ``(IV) 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 45 days after that date, the Secretary shall determine 
        whether the petitioning group meets the requirements of 
        subsection (a) and if warranted, shall issue a certification of 
        eligibility for trade adjustment assistance under this 
        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 needs for training under section 240 as a result of that 
        certification.
    ``(d) Scope of Certification.--
            ``(1) In general.--A certification issued under subsection 
        (c) shall cover adversely affected workers in any group that 
        meets the requirements of 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.

                    ``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.

                 ``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) on or after the date, as specified in the 
                certification under which the worker is covered, on 
                which total or partial separation from adversely 
                affected employment began or threatened to begin in the 
                adversely affected employment;
                    ``(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, 
                        maternity, or inactive duty or active duty 
                        military service for training;
                            ``(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 unemployment 
                insurance to which the worker was entitled (or would be 
                entitled if the worker had applied for any 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, as indicated by 
        1 or more of the following:
                    ``(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 has marketable 
                skills as determined pursuant to an assessment of the 
                worker, which may include the profiling system under 
                section 303(j) of the Social Security Act (42 U.S.C. 
                503(j)), carried out in accordance with guidelines 
                issued by the Secretary.
                    ``(C) Retirement.--The worker is within 2 years of 
                meeting all requirements for 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) Duration.--The duration of training 
                appropriate for the individual to obtain suitable 
                employment exceeds the individual's maximum entitlement 
                to basic and additional trade adjustment allowances 
                and, in addition, financial support available through 
                other Federal or State programs, including chapter 5 of 
                subtitle B of title I of the Workforce Investment Act 
                of 1998 (29 U.S.C. 2861 et seq.), that would enable the 
                individual to complete a suitable training program 
                cannot be assured.
                    ``(G) Employment available.--There is employment 
                (which may include technical and professional 
                employment) available for an adversely affected worker 
                that offers equivalent wages to those that the 
adversely affected worker earned prior to separation.
                    ``(H) No benefit.--The worker would not benefit 
                from any training, or no training that is suitable for 
                the worker is available at a reasonable cost.
                    ``(I) No reasonable expectation of employment.--
                There is no reasonable expectation of employment 
                following completion of the training.
                    ``(J) Training not available.--Training approved by 
                the Secretary is not reasonably available to the worker 
                from either 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).
                    ``(K) Worker not qualified.--The worker is not 
                qualified to undertake and complete any training.
            ``(2) Duration of waivers.--
                    ``(A) In general.--A waiver issued under paragraph 
                (1) shall be effective for not more than 6 months after 
                the date on which the waiver is issued, unless the 
                Secretary 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) (except for the 
                determination under subparagraphs (F) and (G) of 
                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 pursuant to paragraph (1) and a 
                statement of the reasons for the waiver.
            ``(4) Reasonable expectation of employment.--For purposes 
        of applying subsection (c)(1)(I), a reasonable expectation of 
        employment does not require that employment opportunities for a 
        worker be available, or offered, immediately upon the 
        completion of training approved under this section.

``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 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.
    ``(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;
                    ``(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.--
                    ``(A) Provision of training on the job.--If the 
                Secretary approves training under subsection (a), the 
                Secretary shall, insofar as possible, provide or assure 
                the provision of that training on the job, and any 
                training on the job that is approved by the Secretary 
                under 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 under 
                subsection (a), the Secretary shall pay the costs of 
                that training in equal monthly installments.
                    ``(C) Limitations.--The Secretary may pay the costs 
                of on-the-job training only if--
                            ``(i) no employed worker is displaced by 
                        the adversely affected worker (including 
                        partial displacement such as a reduction in the 
                        hours of nonovertime work, wages, or employment 
                        benefits);
                            ``(ii) the training does not impair 
                        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 certifies to the 
                        Secretary that the employer will continue to 
                        employ the worker for at least 26 weeks after 
                        completion of the training if the worker 
                        desires to continue the employment and the 
                        employer does not have due cause to terminate 
                        the employment;
                            ``(ix) the employer has not received 
                        payment under subsection (b)(1) with respect to 
                        any other on-the-job training provided by the 
                        employer that failed to meet the requirements 
                        of clauses (i) through (vi); and
                            ``(x) the employer has not taken, at any 
                        time, any action that violated the terms of any 
                        certification described in clause (viii) made 
                        by that employer with respect to any other on-
                        the-job training provided by the employer for 
                        which the Secretary has made a payment under 
                        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 cost of approved training may be made under 
                subsection (b) if those costs--
                            ``(i) have already been paid under any 
                        other provision of Federal law; or
                            ``(ii) are reimbursable under any other 
                        provision of Federal law and a portion of those 
                        costs have already been paid under that other 
                        provision of Federal law.
                    ``(C) No payment of costs paid 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 their training program or up to 26 weeks, 
                whichever is less, after the date the adversely 
                affected worker becomes reemployed.
                    ``(B) Trade adjustment allowance.--An adversely 
                affected worker who is reemployed and is undergoing 
                training approved by the Secretary pursuant to 
                subparagraph (A) may continue to receive trade 
                adjustment allowance, subject to the income offsets 
                provided for in the worker's State unemployment 
                compensation law in accordance with the provisions of 
                section 237.
            ``(5) Funding.--The total amount of payments that may be 
        made under this section for any fiscal year shall not exceed 
        $300,000,000.

``SEC. 241. JOB SEARCH ALLOWANCES.

    ``(a) Job Search Allowance Authorized.--
            ``(1) In general.--An adversely affected 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.
                    ``(A) Maximum allowance.--Reimbursement may not 
                exceed $1,200 for any worker.
                    ``(B) Allowance for subsistence and 
                transportation.--Reimbursement 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 $1,500.
    ``(c) Limitations.--A relocation allowance may not be granted to a 
worker unless--
            ``(1) the relocation occurs within 182 days after the 
        filing of the application for relocation assistance; or
            ``(2) the relocation occurs within 182 days after the 
        conclusion of training, if the worker entered a training 
        program approved by the Secretary under section 240(a).

``SEC. 243. SUPPORTIVE SERVICES; WAGE INSURANCE.

    ``(a) Supportive Services.--
            ``(1) Application.--
                    ``(A) In general.--The State may, on 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 this Act, the Secretary shall establish a Wage 
        Insurance Program under which a State shall use the funds 
        provided to the State for trade adjustment allowances to pay to 
        an adversely affected worker certified under section 231 a wage 
        subsidy of up to 50 percent of the difference between the wages 
        received by the adversely affected worker from reemployment and 
        the wages received by the adversely affected worker at the time 
        of 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 at least 30 hours a week in the 
                reemployment; and
                    ``(F) does not return to the employment from which 
                the worker was separated.
            ``(4) Amount of payments.--The payments made under 
        paragraph (1) to an adversely affected worker may not exceed 
        $10,000 over the 2-year 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.
    ``(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 this Act, 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 $100,000, 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 enactment of this Act, each State that receives a 
grant under subparagraph (B) shall submit to the Committee on Finance 
of the Senate and the Committee on Ways and Means of the House of 
Representatives the report described in subparagraph (A).
                    ``(D) Distribution of state reports.--A report 
                prepared by a State under this paragraph shall be 
                distributed to the one-stop partners in the State.

           ``Subchapter D--Payment and Enforcement Provisions

``SEC. 244. PAYMENTS TO STATES.

    ``(a) In General.--The Secretary, from time to time, shall certify 
to the Secretary of the Treasury for 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 under subsection (a) shall be returned, at 
        the time specified in the agreement entered into under section 
        222, to the Secretary of the Treasury.
    ``(c) Surety Bond.--Any agreement under section 222 may require any 
officer or employee of the 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 
$1,000, 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, 2006, such sums as may be necessary to carry out the purposes of 
this chapter. Amounts appropriated under this section shall remain 
available until expended.

``SEC. 249. REGULATIONS.

    ``The Secretary shall prescribe such regulations as may be 
necessary to carry out the provisions of this 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. 102. 50 PERCENT REFUNDABLE TAX CREDIT TOWARD PREMIUMS FOR COBRA 
              CONTINUATION COVERAGE.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to refundable credits) 
is amended by redesignating section 35 as section 36 and by inserting 
after section 34 the following new section:

``SEC. 35. COBRA CONTINUATION COVERAGE PREMIUMS.

    ``(a) In General.--In the case of an eligible individual, there 
shall be allowed as a refundable credit against the tax imposed by this 
subtitle for the taxable year an amount equal to 50 percent of the 
amount paid by the taxpayer during such year as continuation health 
coverage premiums.
    ``(b) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means any individual who is a member of a group 
of workers certified as eligible to apply for adjustment assistance 
under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 221, et 
seq.).
    ``(c) Continuation Health Coverage Premiums Defined.--For purposes 
of this section, the term `continuation health coverage premiums' 
means, for any period during which a taxpayer is an eligible 
individual, premiums paid for continuation coverage (as defined in 
section 4980B(f)) under a group health plan for such period but only if 
failure to offer such coverage to the taxpayer for such period would 
constitute a failure by such health plan to meet the requirements of 
section 4980B(f).
    ``(d) Coordination With Medical Expense Deduction.--The amount 
which would (but for this subsection) be taken into account by the 
taxpayer under section 213 for the taxable year shall be reduced by the 
credit (if any) allowed by this section to the taxpayer for such 
year.''.
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting before the period ``, or 
        from section 35 of such Code''.
            (2) The table of sections for subpart C of part IV of 
        subchapter A of chapter 1 of the Internal Revenue Code of 1986 
        is amended by striking the last item and inserting the 
        following new items:

                              ``Sec. 35. COBRA continuation coverage 
                                        premiums.
                              ``Sec. 36. Overpayments of tax.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2001, for premiums 
for months beginning with January 2002.

            TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

SEC. 201. REAUTHORIZATION OF PROGRAM.

    (a) In General.--Section 256(b) of chapter 3 of title II of the 
Trade Act of 1974 (19 U.S.C. 2346(b)) is amended to read as follows:
    ``(b) There are authorized to be appropriated to the Secretary 
$16,000,000 for each of fiscal years 2002 through 2006, to carry out 
the Secretary's functions under this chapter in connection with 
furnishing adjustment 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)(1)) is amended--
            (1) in paragraph (1), by striking subparagraphs (B) and (C) 
        and inserting the following:
            ``(B) increases in value or volume of imports of articles 
        like or directly competitive with articles which are produced 
        by such firm contributed importantly to such total or partial 
        separation, or threat thereof, or
            ``(C) a shift in production by the workers' firm or 
        subdivision to a foreign country of articles like or directly 
        competitive with articles which are produced by that firm or 
        subdivision contributed importantly to the workers' separation 
        or threat of separation.''; and
            (2) in paragraph (2), by striking ``paragraph (1)(C)'' and 
        inserting ``subparagraphs (B) and (C) of paragraph (1)''.

         TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

SEC. 301. PURPOSE.

    The purpose of this title is to assist communities with economic 
adjustment through the integration of political and economic 
organizations, the coordination of Federal, State, and local resources, 
the creation of community-based development strategies, and the 
provision of 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' or `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 Economic 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 Economic 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 ECONOMIC ADJUSTMENT.

    ``(a) Establishment.--Within 6 months of the date of enactment of 
the Trade Adjustment Assistance for Workers, Farmers, Communities, and 
Firms Act of 2001, there shall be established an Office of Community 
Economic Adjustment in the Office of the Secretary of Commerce.
    ``(b) Personnel.--The Office shall be headed by a Director, and 
such staff as may be necessary to carry out the responsibilities 
described in this chapter.
    ``(c) Coordination of Federal Response.--The Office shall--
            ``(1) provide leadership, support, and 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.

``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 1 of the following conditions apply:
            ``(1) Number of job losses.--The Director shall certify 
        that a community is eligible for assistance under this chapter 
        if--
                    ``(A) in an urban community, at least 500 workers 
                have been certified for assistance under section 231 in 
                the most recent 36-month period preceding the date of 
                certification under this section for which data are 
                available; or
                    ``(B) in a rural community, at least 300 workers 
                have been certified for assistance under section 231 in 
                the most recent 36-month period preceding the date of 
                certification under this section for which data are 
                available.
            ``(2) Percent of workforce unemployed.--The Director shall 
        certify that a community is eligible for assistance under this 
        chapter if the unemployment rate for the community is at least 
        1 percent greater than the national unemployment rate for the 
        most recent 12-month period for which data are available.
    ``(c) Notification to Eligible Communities.--Not later than 15 days 
after the Director certifies a 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 receive benefits under this 
chapter, an eligible community shall establish a Community Economic 
Development Coordinating Committee.
    ``(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.
            ``(3) Limit.--Each community can only receive 1 grant for 
        the purpose of developing a strategic plan in any 5-year 
        period.
    ``(d) Submission of Plan.--The strategic plan created 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, 2006, 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 this Act 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.

    Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) is 
amended by adding at the end the following new chapter:

             ``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS

``SEC. 291. DEFINITIONS.

    ``In this chapter:
            ``(1) Agricultural commodity.--The term `agricultural 
        commodity' means any agricultural commodity (including 
        livestock, fish, or harvested seafood) in its raw or natural 
        state.
            ``(2) Agricultural commodity producer.--The term 
        `agricultural commodity producer' means any person who is 
        engaged in the production and sale of an agricultural commodity 
        in the United States and who owns or shares the ownership and 
        risk of loss of the agricultural commodity.
            ``(3) Contributed importantly.--
                    ``(A) In general.--The term `contributed 
                importantly' means a cause which is important but not 
necessarily more important than any other cause.
                    ``(B) Determination of contributed importantly.--
                The determination of whether imports of articles like 
                or directly competitive with an agricultural commodity 
                with respect to which the petition under this chapter 
                was filed contributed importantly to a decline in the 
                price of the agricultural commodity shall be made by 
                the Secretary of Agriculture.
            ``(4) Duly authorized representative.--The term `duly 
        authorized representative' means an association of agricultural 
        commodity producers.
            ``(5) National average price.--The term `national average 
        price' means the national average price paid to an agricultural 
        commodity producer for an agricultural commodity in a marketing 
        year as determined by the Secretary of Agriculture.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.

``SEC. 292. PETITIONS; GROUP ELIGIBILITY.

    ``(a) In General.--A petition for a certification of eligibility to 
apply for adjustment assistance under this chapter may be filed with 
the Secretary by a group of 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 persons 
an opportunity to be present, to produce evidence, and to be heard.
    ``(c) Group Eligibility Requirements.--The Secretary shall certify 
a group of agricultural commodity producers as eligible to apply for 
adjustment assistance under this chapter if the Secretary determines--
            ``(1) that the national average price for the 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 60 
days after that date, the Secretary shall determine whether the 
petitioning group meets the requirements of section 292 (c) or (d), as 
the case may be and shall, if the group meets the requirements, issue a 
certification of eligibility to apply for assistance under this chapter 
covering agricultural commodity producers in any group that meet the 
requirements. Each certification shall specify the date on which 
eligibility under this chapter begins.
    ``(b) Notice.--Upon making a determination on a petition, the 
Secretary shall promptly publish a summary 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 under subsection (a). Upon making his report to the President, 
the Secretary shall also promptly make it 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. 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.--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:
            ``(1) 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.
            ``(2) The producer certifies that the producer has not 
        received cash benefits under any provision of this title other 
        than this chapter.
            ``(3) The producer's net farm income (as 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.
            ``(4) 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--
                    ``(A) information regarding the feasibility and 
                desirability of substituting 1 or more alternative 
                commodities for the adversely affected agricultural 
                commodity; and
                    ``(B) 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.
    ``(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 Statements.--If the Secretary, or a court of competent 
jurisdiction, determines that a person--
            ``(1) knowingly has made, or caused another to make, a 
        false statement or representation of a material fact, or
            ``(2) knowingly has failed, or caused another to fail, to 
        disclose a material fact,
and, as a result of such false statement or representation, or of such 
nondisclosure, such person has received any payment under this chapter 
to which the person was not entitled, such person shall, in addition to 
any other penalty provided by law, be ineligible for any further 
payments under this chapter.
    ``(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 
$100,000,000 for each of the fiscal years 2002 through 2006 to carry 
out the purposes of this chapter.
    ``(b) Proportionate Reduction.--If in any year, the amount 
appropriated under this chapter is insufficient to meet the 
requirements for adjustment assistance payable under this chapter, the 
amount of assistance payable under this chapter shall be reduced 
proportionately.''.

           TITLE V--CONFORMING AMENDMENTS AND EFFECTIVE DATE

SEC. 501. CONFORMING AMENDMENTS.

    (a) Amendments to the Trade Act of 1974.--
            (1) Assistance to industries.--Section 265 of the Trade Act 
        of 1974 (19 U.S.C. 2355) is amended by striking ``certified as 
        eligible to apply for adjustment assistance under sections 231 
        or 251'', and inserting ``certified as eligible for trade 
        adjustment assistance benefits under section 231, or as 
        eligible to apply for adjustment assistance under section 
        251''.
            (2) General accounting office report.--Section 280(a) of 
        the Trade Act of 1974 is amended by striking ``January 31, 
        1980'' and inserting ``January 31, 2004''.
            (3) Judicial review.--Section 284(a) of the Trade Act of 
        1974 (19 U.S.C. 2395(a)) is amended by striking ``under section 
        223 or section 250(c)'' and all that follows through ``the 
        Secretary of 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 or a farmer 
        aggrieved by a determination of the Secretary of Agriculture 
        under section 292, or a community or any other interested 
        domestic party aggrieved by a final determination of the 
        Director of the Office of Community Economic Adjustment under 
        section 273''.
            (4) Termination.--Section 285 of the Trade Act of 1974 is 
        amended to read as follows:

``SEC. 285. TERMINATION.

    ``(a) Assistance for Workers.--
            ``(1) In general.--Except as provided in paragraph (2), 
        trade adjustment assistance, vouchers, allowances, and other 
        payments or benefits may not be provided under chapter 2 after 
        September 30, 2006.
            ``(2) Exception.--Notwithstanding subsection (a)(1), a 
        worker shall continue to receive trade 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, 2006, the worker is--
                    ``(A) certified as eligible for trade adjustment 
                assistance benefits under section 231; and
                    ``(B) is otherwise eligible to receive trade 
                adjustment assistance benefits under chapter 2.
    ``(b) Other Assistance.--
            ``(1) Assistance for firms.--Technical assistance may not 
        be provided under chapter 3 after September 30, 2006.
            ``(2) Assistance for communities.--Technical assistance and 
        other payments may not be provided under chapter 4 after 
        September 30, 2006.''.
            (5) Table of contents.--
                    (A) In general.--The table of contents for chapters 
                2, 3, and 4 of title II of the Trade Act of 1974 is 
                amended to read as follows:

             ``Chap``subchapter a--general provisionsorkers
        ``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 
                     ``subchapter b--certifications investigation.
        ``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. 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 Economic Adjustment.
        ``Sec. 273. Notification and certification as an eligible 
                            community.
        ``Sec. 274. Community Economic Development Coordinating 
                            Committee.
        ``Sec. 275. Community economic adjustment advisors.
        ``Sec. 276. Strategic plans.
        ``Sec. 277. Grants for economic development.
        ``Sec. 278. Authorization of appropriations.
        ``Sec. 279. General Provisions.''.
                    (B) Chapter 6.--The table of contents for title II 
                of the Trade Act of 1974, as amended by subparagraph 
                (A), is amended by inserting after the items relating 
                to chapter 5 the following:

             ``Chapter 6--Adjustment Assistance for Farmers

``Sec. 291. Definitions.
``Sec. 292. Petitions; group eligibility.
``Sec. 293. Determinations by Secretary.
``Sec. 294. Study by Secretary when International Trade Commission 
                            begins 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.''.
    (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 October 1, 2001.
                            (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 October 1, 2001.
                                    (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''; and
                    (B) in paragraph (3), by striking ``section 271'' 
                and inserting ``section 273''.
            (2) Persons entitled to commence a civil action.--Section 
        2631 of title 28, United States Code, is amended--
                    (A) by amending subsection (d)(1) to read as 
                follows:
    ``(d)(1) A civil action to review any final 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 and is aggrieved by the 
final determination.''; and
                    (B) in subsection (d)(3), by striking ``Secretary 
                of Commerce under section 271'' and inserting 
                ``Director of the Office of Community Economic 
                Adjustment under section 273''.
            (3) Time for commencement of action.--Section 2636(d) of 
        title 28, United States Code, is amended by striking ``under 
        section 223 of the Trade Act of 1974 or a final determination 
        of the Secretary of Commerce under section 251 or section 271 
        of such Act'' and inserting ``under section 231 of the Trade 
        Act of 1974, a final determination of the Secretary of Commerce 
        under section 251 of that Act, or a final determination of the 
        Director of the Office of Community Economic Adjustment under 
section 273 of that Act''.
            (4) Scope and standard of review.--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, or a final determination of the 
        Director of the Office of Community Economic Adjustment under 
        section 273 of that Act''.
            (5) Relief.--Section 2643(c)(2) of title 28, United States 
        Code, is amended by striking ``under section 223 of the Trade 
        Act of 1974 or any final determination of the Secretary of 
        Commerce under section 251 or section 271 of such Act'' and 
        inserting ``under section 231 of the Trade Act of 1974, a final 
        determination of the Secretary of Commerce under section 251 of 
        that Act, or a final determination of the Director of the 
        Office of Community Economic Adjustment under section 273 of 
        that Act''.
    (d) Amendment to the Food Stamp Act of 1977.--Section 6(o)(1)(B) of 
the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(1)(B)) is amended by 
striking ``section 236'' and inserting ``section 240''.

            TITLE VI--SAVINGS PROVISIONS AND EFFECTIVE DATE

SEC. 601. SAVINGS PROVISIONS.

    (a) Proceedings Not Affected.--
            (1) In general.--The provisions of this Act shall not 
        affect any petition for certification for benefits under 
        chapter 2 of title II of the Trade Act of 1974 that is 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 Act had not been 
        enacted, and orders issued in any proceeding shall continue in 
        effect until modified, terminated, superseded, or revoked by a 
        duly authorized official, by a court of competent jurisdiction, 
        or by operation of law.
            (2) Modification or discontinuance.--Nothing in this 
        subsection shall be deemed to 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 Act had not been 
        enacted.
    (b) Suits Not Affected.--The provisions of this Act shall not 
affect any suit commenced before October 1, 2001, and in all those 
suits, proceedings shall be had, appeals taken, and judgments rendered 
in the same manner and with the same effect as if this Act had not been 
enacted.
    (c) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Federal Government, or by or against any 
individual in the official capacity of that individual as an officer of 
the Federal Government, shall abate by reason of enactment of this Act.

SEC. 602. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in section 102, 
section 501(b)(2)(B), and subsection (b) of this section, the 
amendments made by this Act shall apply to--
            (1) petitions for certification filed under chapter 2 or 3 
        of title II of the Trade Act of 1974 on or after October 1, 
        2001;
            (2) petitions for certification filed under chapter 2 or 3 
        of title II of the Trade Act of 1974 before October 1, 2001, 
        that are pending on such date; and
            (3) certifications for assistance under chapter 4 of title 
        II of the Trade Act of 1974 issued on or after October 1, 2001.
    (b) Workers Certified as Eligible Before October 1, 2001.--
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 II as in effect on such date, 
if on or before September 30, 2001, 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.
                                 <all>