[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2737 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2737

  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 SENATE OF THE UNITED STATES

                             July 17, 2002

  Mr. Baucus introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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 Improvement Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Adjustment assistance for workers.
Sec. 102. Displaced worker self-employment training pilot program.
Sec. 103. Coordination with other trade provisions.
            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.
Sec. 303. Community workforce partnerships.
           TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

Sec. 401. Trade adjustment assistance for farmers.
           TITLE V--TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN

Sec. 501. Trade adjustment assistance for fishermen.
 TITLE VI--HEALTH CARE COVERAGE OPTIONS FOR WORKERS ELIGIBLE FOR TRADE 
                         ADJUSTMENT ASSISTANCE

Sec. 601. Trade adjustment assistance health insurance credit.
Sec. 602. Advance payment of trade adjustment assistance health 
                            insurance credit.
Sec. 603. Health insurance coverage for eligible individuals.
          TITLE VII--CONFORMING AMENDMENTS AND EFFECTIVE DATE

Sec. 701. Conforming amendments.
           TITLE VIII--SAVINGS PROVISIONS AND EFFECTIVE DATE

Sec. 801. Savings provisions.
Sec. 802. Effective date.
                      TITLE IX--REVENUE PROVISIONS

Sec. 901. Custom user fees.

            TITLE 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 
                        preceding the quarter in which occurs the week 
with respect to which the computation is made; and
                            ``(ii) the term `week' means the week in 
                        which total separation occurred, or, in cases 
                        where partial separation is claimed, an 
                        appropriate week, as defined in regulations 
                        prescribed by the Secretary.
            ``(6) Benefit period.--The term `benefit period' means, 
        with respect to an individual, the following:
                    ``(A) State law.--The benefit year and any ensuing 
                period, as determined under applicable State law, 
                during which the individual is eligible for regular 
                compensation, additional compensation, or extended 
                compensation.
                    ``(B) Federal law.--The equivalent to the benefit 
                year or ensuing period provided for under the 
                applicable Federal unemployment insurance law.
            ``(7) Benefit year.--The term `benefit year' has the same 
        meaning given that term in the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
            ``(8) Contributed importantly.--The term `contributed 
        importantly' means a cause that is important but not 
        necessarily more important than any other cause.
            ``(9) Cooperating state.--The term `cooperating State' 
        means any State that has entered into an agreement with the 
        Secretary under section 222.
            ``(10) Customized training.--The term `customized training' 
        means training that is designed to meet the special 
        requirements of an employer (including a group of employers) 
        and that is conducted with a commitment by the employer to 
        employ an individual on successful completion of the training.
            ``(11) Downstream producer.--The term `downstream producer' 
        means a firm that performs additional, value-added production 
        processes for a firm or subdivision covered by a certification 
        of eligibility under section 231(a)(1), including a firm that 
        performs final assembly, finishing, or packaging of articles.
            ``(12) Extended compensation.--The term `extended 
        compensation' has the meaning given that term in section 205(4) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).
            ``(13) Job finding club.--The term `job finding club' means 
        a job search workshop which includes a period of structured, 
        supervised activity in which participants attempt to obtain 
        jobs.
            ``(14) Job search program.--The term `job search program' 
        means a job search workshop or job finding club.
            ``(15) Job search workshop.--The term `job search workshop' 
        means a short (1- to 3-day) seminar, covering subjects such as 
        labor market information, resume writing, interviewing 
        techniques, and techniques for finding job openings, that is 
        designed to provide participants with knowledge that will 
        enable the participants to find jobs.
            ``(16) On-the-job training.--The term `on-the-job training' 
        has the same meaning as that term has in section 101(31) of the 
        Workforce Investment Act.
            ``(17) Partial separation.--A partial separation shall be 
        considered to exist with respect to an individual if--
                    ``(A) the individual has had a 20-percent or 
                greater reduction in the average weekly hours worked by 
                that individual in adversely affected employment; and
                    ``(B) the individual has had a 20-percent or 
                greater reduction in the average weekly wage of the 
                individual with respect to adversely affected 
                employment.
            ``(18) Regular compensation.--The term `regular 
        compensation' has the meaning given that term in section 205(2) 
        of the Federal-State Extended Unemployment Compensation Act of 
        1970 (26 U.S.C. 3304 note).
            ``(19) Regular state unemployment.--The term `regular State 
        unemployment' means unemployment insurance benefits other than 
        an extension of unemployment insurance by a State using its own 
        funds beyond either the 26-week period mandated by Federal law 
        or any additional period provided for under the Federal-State 
        Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 
        note).
            ``(20) Secretary.--The term `Secretary' means the Secretary 
        of Labor.
            ``(21) State.--The term `State' includes each State of the 
        United States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
            ``(22) State agency.--The term `State agency' means the 
        agency of the State that administers the State law.
            ``(23) State law.--The term `State law' means the 
        unemployment insurance law of the State approved by the 
        Secretary under section 3304 of the Internal Revenue Code of 
        1986.
            ``(24) Supplier.--The term `supplier' means a firm that 
        produces 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(a)(1). The term `supplier' also includes a firm 
        that provides services under contract to a firm or subdivision 
        covered by such certification.
            ``(25) Total separation.--The term `total separation' means 
        the layoff or severance of an individual from employment with a 
        firm in which or in a subdivision of which, adversely affected 
        employment exists.
            ``(26) Unemployment insurance.--The term `unemployment 
        insurance' means the unemployment compensation payable to an 
        individual under any State law or Federal unemployment 
        compensation law, including chapter 85 of title 5, United 
        States Code, and the Railroad Unemployment Insurance Act (45 
        U.S.C. 351 et seq.).
            ``(27) Week.--Except as provided in paragraph 5(B)(ii), the 
        term `week' means a week as defined in the applicable State 
        law.
            ``(28) Week of unemployment.--The term `week of 
        unemployment' means a week of total, part-total, or partial 
        unemployment as determined under the applicable State law or 
        Federal unemployment insurance law.

``SEC. 222. AGREEMENTS WITH STATES.

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

``SEC. 223. ADMINISTRATION ABSENT STATE AGREEMENT.

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

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

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

``SEC. 225. NOTIFICATION BY INTERNATIONAL TRADE COMMISSION.

    ``(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.
    ``(b) Notification of Affirmative Finding.--Whenever the 
International Trade Commission makes a report under section 202(f) 
containing an affirmative finding regarding serious injury, or the 
threat thereof, to a domestic industry, the Commission shall 
immediately notify the Secretary of that finding.

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

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

                     ``Subchapter B--Certifications

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

    ``(a) Eligibility for Certification.--
            ``(1) General rule.--A group of workers (including workers 
        in any agricultural firm or subdivision of an agricultural 
        firm) shall be certified by the Secretary as adversely affected 
        workers and eligible for trade adjustment assistance benefits 
        under this chapter pursuant to a petition filed under 
        subsection (b) if the Secretary determines that a significant 
        number or proportion of the workers in the workers' firm or an 
        appropriate subdivision of the firm have become totally or 
        partially separated, or are threatened to become totally or 
        partially separated, and that either--
                    ``(A)(i) the 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 clause (i) contributed importantly 
                to the workers' separation or threat of separation; or
                    ``(B) there has been a shift in production by the 
                workers' firm or subdivision to a foreign country of 
                articles like or directly competitive with articles 
                which are produced by that firm or subdivision and the 
                shift in production contributed importantly to the 
                workers' separation or threat of separation.
            ``(2) Adversely affected secondary worker.--A group of 
        workers (including workers in any agricultural firm or 
        subdivision of an agricultural firm) shall be certified by the 
        Secretary as adversely affected and eligible for trade 
        adjustment assistance benefits under this chapter pursuant to a 
        petition filed under subsection (b) if the Secretary determines 
        that--
                    ``(A) a significant number or proportion of the 
                workers in the workers' firm or an appropriate 
                subdivision of the firm have become totally or 
                partially separated, or are threatened to become 
                totally or partially separated;
                    ``(B) the workers' firm (or subdivision) is a 
                supplier to a firm (or subdivision) or downstream 
                producer to a firm (or subdivision) described in 
                paragraph (1) (A) or (B); and
                    ``(C) a loss of business with a firm (or 
                subdivision) described in paragraph (1) (A) or (B) 
                contributed importantly to the workers' separation or 
                threat of separation determined under subparagraph (A).
            ``(3) Special rule for secondary workers.--Notwithstanding 
        paragraph (2), the Secretary may, pursuant to standards 
        established by the Secretary and for good cause shown, certify 
        as eligible for trade adjustment assistance under this chapter 
        a group of workers who meet the requirements for certification 
        as adversely affected secondary workers in paragraph (2), 
        except that the Secretary has not received a petition under 
        paragraph (1) on behalf of workers at a firm to which the 
        petitioning workers' firm is a supplier or downstream producer 
        as defined in section 221 (11) and (24).
            ``(4) Special provisions.--
                    ``(A) Oil and natural gas producers.--For purposes 
                of this section, any firm, or appropriate subdivision 
                of a firm, that engages in exploration or drilling for 
                oil or natural gas shall be considered to be a firm 
                producing oil or natural gas.
                    ``(B) Oil and natural gas imports.--For purposes of 
                this section, any firm, or appropriate subdivision of a 
                firm, that engages in exploration or drilling for oil 
                or natural gas, or otherwise produces oil or natural 
                gas, shall be considered to be producing articles 
                directly competitive with imports of oil and with 
                imports of natural gas.
                    ``(C) Taconite.--For purposes of this section, 
                taconite pellets produced in the United States shall be 
                considered to be an article that is like or directly 
                competitive with imports of semifinished steel slab.
                    ``(D) Service workers.--
                            ``(i) In general.--Not later than 6 months 
                        after the date of enactment of the Trade 
                        Adjustment Assistance Improvement Act of 2002, 
                        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 Improvement Act 
                        of 2002, 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 Improvement Act of 2002, 
                        the Secretary shall report to Congress the 
                        results of a study on ways for extending the 
                        programs in this chapter to adversely affected 
                        service workers, including recommendations for 
                        legislation.
                    ``(E) Additional rule for textile and apparel 
                workers.--A group of workers at a textile or apparel 
                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--
                            ``(i) 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;
                            ``(ii)(I) the sales or production of the 
                        workers' firm has decreased; or
                            ``(II) the workers' plant or facility has 
                        closed or relocated; and
                            ``(iii) the occurrence described in clause 
                        (ii) contributed importantly to the workers' 
                        separation or threat of separation.
    ``(b) Petitions.--
            ``(1) In general.--A petition for certification of 
        eligibility for trade adjustment assistance under this chapter 
        for a group of adversely affected workers shall be filed 
        simultaneously with the Secretary and with the Governor of the 
        State in which the firm or subdivision of the firm employing 
        the workers is located.
            ``(2) Persons who may file a petition.--A petition under 
        paragraph (1) may be filed by any of the following:
                    ``(A) Workers.--A group of workers (including 
                workers in an agricultural firm or subdivision of any 
                agricultural firm).
                    ``(B) Worker representatives.--The certified or 
                recognized union or other duly appointed representative 
                of the workers.
                    ``(C) Worker adjustment and retraining 
                notification.--Any entity to which notice of a plant 
                closing or mass layoff must be given under section 3 of 
                the Worker Adjustment and Retraining Notification Act 
                (29 U.S.C. 2102).
                    ``(D) Other.--Employers of workers described in 
                subparagraph (A), one-stop operators or one-stop 
                partners (as defined in section 101 of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2801)), or State 
                employment agencies, on behalf of the workers.
                    ``(E) Request to initiate certification.--The 
                President, or the Committee on Finance of the Senate or 
                the Committee on Ways and Means of the House of 
                Representatives (by resolution), may petition the 
                Secretary to initiate a certification process under 
                this chapter to determine the eligibility for trade 
                adjustment assistance of a group of workers.
            ``(3) Actions by governor.--
                    ``(A) Cooperating state.--Upon receipt of a 
                petition, the Governor of a cooperating State shall 
                ensure that the requirements of the agreement entered 
                into under section 222 are met.
                    ``(B) Other states.--Upon receipt of a petition, 
                the Governor of a State that has not entered into an 
                agreement under section 222 shall coordinate closely 
                with the Secretary to ensure that workers covered by a 
                petition are--
                            ``(i) provided with all available services, 
                        including rapid response activities under 
                        section 134 of the Workforce Investment Act (29 
                        U.S.C. 2864);
                            ``(ii) informed of the workers' (and 
                        individual member's of the worker's family) 
                        potential eligibility for--
                                    ``(I) medical assistance under the 
                                medicaid program established under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396a et seq.);
                                    ``(II) child health assistance 
                                under the State children's health 
                                insurance program established under 
                                title XXI of that Act (42 U.S.C. 1397aa 
                                et seq.);
                                    ``(III) child care services for 
                                which assistance is provided under the 
                                Child Care and Development Block Grant 
                                Act of 1990 (42 U.S.C. 9858 et seq.); 
                                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 40 days after that date, the Secretary shall determine 
        whether the petitioning group meets the requirements of 
        subsection (a), and if warranted, shall issue a certification 
        of eligibility for trade adjustment assistance pursuant to this 
        subchapter. In making the determination, the Secretary shall 
        consult with all petitioning entities.
            ``(2) Publication of determination.--Upon making a 
        determination under paragraph (1), the Secretary shall promptly 
        publish a summary of the determination in the Federal Register 
        together with the reasons for making that determination.
            ``(3) Date specified in certification.--Each certification 
        made under this subsection shall specify the date on which the 
        total or partial separation began or threatened to begin with 
        respect to a group of certified workers.
            ``(4) Projected training needs.--The Secretary shall inform 
        the State Workforce Investment Board or equivalent agency, and 
        other public or private agencies, institutions, employers, and 
        labor organizations, as appropriate, of each certification 
        issued under section 231 and of projections, if available, of 
        the need for training under section 240 as a result of that 
        certification.
            ``(5) Industry-wide certification.--If the Secretary 
        receives a petition under subsection (b)(2)(E) on behalf of all 
        workers in a domestic industry producing an article or receives 
        3 or more petitions under subsection (b)(2) within a 180-day 
        period on behalf of groups of workers producing the same 
        article, the Secretary shall make a determination under 
        subsections (a)(1) and (c)(1) of this section with respect to 
        the domestic industry as a whole in which the workers are or 
        were employed.
    ``(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.
            ``(7) Health insurance coverage options as described in 
        title VI of the Trade Adjustment Assistance Improvement Act of 
        2002.

                 ``PART II--TRADE ADJUSTMENT ALLOWANCES

``SEC. 235. QUALIFYING REQUIREMENTS FOR WORKERS.

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

``SEC. 236. WEEKLY AMOUNTS.

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

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

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

``SEC. 238. APPLICATION OF STATE LAWS.

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

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

``SEC. 239. EMPLOYMENT SERVICES.

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

``SEC. 240. TRAINING.

    ``(a) Approved Training Programs.--
            ``(1) In general.--The Secretary shall approve training 
        programs that include--
                    ``(A) on-the-job training or customized training;
                    ``(B) any employment or training activity provided 
                through a one-stop delivery system under chapter 5 of 
                subtitle B of title I of the Workforce Investment Act 
                of 1998 (29 U.S.C. 2861 et seq.);
                    ``(C) any program of adult education;
                    ``(D) any training program (other than a training 
                program described in paragraph (3)) for which all, or 
                any portion, of the costs of training the worker are 
                paid--
                            ``(i) under any Federal or State program 
                        other than this chapter; or
                            ``(ii) from any source other than this 
                        section; and
                    ``(E) any other training program that the Secretary 
                determines is acceptable to meet the needs of an 
                adversely affected worker.
        In making the determination under subparagraph (E), the 
        Secretary shall consult with interested parties.
            ``(2) Training agreements.--Before approving any training 
        to which subsection (f)(1)(C) may apply, the Secretary may 
        require that the adversely affected worker enter into an 
        agreement with the Secretary under which the Secretary will not 
        be required to pay under subsection (b) the portion of the 
        costs of the training that the worker has reason to believe 
        will be paid under the program, or by the source, described in 
        clause (i) or (ii) of subsection (f)(1)(C).
            ``(3) Limitation on approvals.--The Secretary shall not 
        approve a training program if all of the following apply:
                    ``(A) Payment by plan.--Any portion of the costs of 
                the training program are paid under any nongovernmental 
                plan or program.
                    ``(B) Right to obtain.--The adversely affected 
                worker has a right to obtain training or funds for 
                training under that plan or program.
                    ``(C) Reimbursement.--The plan or program requires 
                the worker to reimburse the plan or program from funds 
                provided under this chapter, or from wages paid under 
                the training program, for any portion of the costs of 
                that training program paid under the plan or program.
    ``(b) Payment of Training Costs.--
            ``(1) In general.--
                    ``(A) Eligibility.--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 shall 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.
                    ``(B) Amount payable.--Not later than 6 months 
                after the date of enactment of the Trade Adjustment 
                Assistance Improvement Act of 2002, the Secretary shall 
                develop and submit to Congress for approval a formula 
                to provide grants to States for paying workers training 
                costs. The formula shall provide workers with an 
                entitlement for training costs and shall take into 
                account--
                            ``(i) the number of workers enrolled in 
                        trade adjustment assistance;
                            ``(ii) the duration of the assistance;
                            ``(iii) the anticipated training costs for 
                        workers; and
                            ``(iv) any other factors the Secretary 
                        deems appropriate.
            ``(2) On-the-job training and customized training.--
                    ``(A) Provision of training on the job or 
                customized training.--If the Secretary approves 
                training under subsection (a), the Secretary shall, 
                insofar as possible, provide or assure the provision of 
                that training on the job or customized training, and 
                any training on the job or customized training that is 
                approved by the Secretary under subsection (a) shall 
                include related education necessary for the acquisition 
                of skills needed for a position within a particular 
                occupation.
                    ``(B) Monthly installments.--If the Secretary 
                approves payment of any on-the-job training or 
                customized training under subsection (a), the Secretary 
                shall pay the costs of that training in equal monthly 
                installments.
                    ``(C) Limitations.--The Secretary may pay the costs 
                of on-the-job training or customized training only if--
                            ``(i) no employed worker is displaced by 
                        the adversely affected worker (including 
                        partial displacement such as a reduction in the 
                        hours of nonovertime work, wages, or employment 
                        benefits);
                            ``(ii) the training does not impair 
                        contracts for services or collective bargaining 
                        agreements;
                            ``(iii) in the case of training that would 
                        affect a collective bargaining agreement, the 
                        written concurrence of the labor organization 
                        concerned has been obtained;
                            ``(iv) no other individual is on layoff 
                        from the same, or any substantially equivalent, 
                        job for which the adversely affected worker is 
                        being trained;
                            ``(v) the employer has not terminated the 
                        employment of any regular employee or otherwise 
                        reduced the workforce of the employer with the 
                        intention of filling the vacancy so created by 
                        hiring the adversely affected worker;
                            ``(vi) the job for which the adversely 
                        affected worker is being trained is not being 
                        created in a promotional line that will 
                        infringe in any way upon the promotional 
                        opportunities of employed individuals;
                            ``(vii) the training is not for the same 
                        occupation from which the worker was separated 
                        and with respect to which the worker's group 
                        was certified pursuant to section 231;
                            ``(viii) the employer is provided 
                        reimbursement of not more than 50 percent of 
                        the wage rate of the participant, for the cost 
                        of providing the training and additional 
                        supervision related to the training;
                            ``(ix) the employer has not received 
                        payment under subsection (b)(1) with respect to 
                        any other on-the-job training provided by the 
                        employer or customized training that failed to 
                        meet the requirements of clauses (i) through 
                        (vi); and
                            ``(x) the employer has not taken, at any 
                        time, any action that violated the terms of any 
                        certification described in clause (viii) made 
                        by that employer with respect to any other on-
                        the-job training provided by the employer or 
                        customized training for which the Secretary has 
                        made a payment under paragraph (1).
    ``(c) Certain Workers Eligible for Training Benefits.--An adversely 
affected worker covered by a certification issued under section 231, 
who is not qualified to receive a trade adjustment allowance under 
section 235, may be eligible to have payment of the costs of training 
made under this section, if the worker enters a training program 
approved by the Secretary not later than 6 months after the date on 
which the certification that covers the worker is issued or the 
Secretary determines that one of the following applied:
            ``(1) Funding was not available at the time at which the 
        adversely affected worker was required to enter training under 
        paragraph (1).
            ``(2) The adversely affected worker was covered by a waiver 
        issued under section 235(c).
    ``(d) Exhaustion of Unemployment Insurance Not Required.--The 
Secretary may approve training, and pay the costs thereof, for any 
adversely affected worker who is a member of a group certified under 
section 231 at any time after the date on which the group is certified, 
without regard to whether the worker has exhausted all rights to any 
unemployment insurance to which the worker is entitled.
    ``(e) Supplemental Assistance.--
            ``(1) In general.--Subject to paragraphs (2) and (3), when 
        training is provided under a training program approved by the 
        Secretary under subsection (a) in facilities that are not 
        within commuting distance of a worker's regular place of 
        residence, the Secretary may authorize supplemental assistance 
        to defray reasonable transportation and subsistence expenses 
        for separate maintenance.
            ``(2) Transportation expenses.--The Secretary may not 
        authorize payments for travel expenses exceeding the prevailing 
        mileage rate authorized under the Federal travel regulations.
            ``(3) Subsistence expenses.--The Secretary may not 
        authorize payments for subsistence that exceed the lesser of--
                    ``(A) the actual per diem expenses for subsistence 
                of the worker; or
                    ``(B) an amount equal to 50 percent of the 
                prevailing per diem allowance rate authorized under 
                Federal travel regulations.
    ``(f) Special Provisions; Limitations.--
            ``(1) Limitation on making payments.--
                    ``(A) Disallowance of other payment.--If the costs 
                of training an adversely affected worker are paid by 
                the Secretary under subsection (b), no other payment 
                for those training costs may be made under any other 
                provision of Federal law.
                    ``(B) No payment of reimbursable costs.--No payment 
                for the costs of approved training may be made under 
                subsection (b) if those costs--
                            ``(i) have already been paid under any 
                        other provision of Federal law; or
                            ``(ii) are reimbursable under any other 
                        provision of Federal law and a portion of those 
                        costs has already been paid under that other 
                        provision of Federal law.
                    ``(C) No payment of costs paid elsewhere.--The 
                Secretary is not required to pay the costs of any 
                training approved under subsection (a) to the extent 
                that those costs are paid under any Federal or State 
                program other than this chapter.
                    ``(D) Exception.--The provisions of this paragraph 
                shall not apply to, or take into account, any funds 
                provided under any other provision of Federal law that 
                are used for any purpose other than the direct payment 
                of the costs incurred in training a particular 
adversely affected worker, even if the use of those funds has the 
effect of indirectly paying for or reducing any portion of the costs 
involved in training the adversely affected worker.
            ``(2) Unemployment eligibility.--A worker may not be 
        determined to be ineligible or disqualified for unemployment 
        insurance or program benefits under this subchapter because the 
        individual is in training approved under subsection (a), 
        because of leaving work which is not suitable employment to 
        enter the training, or because of the application to any week 
        in training of provisions of State law or Federal unemployment 
        insurance law relating to availability for work, active search 
        for work, or refusal to accept work.
            ``(3) Definition.--For purposes of this section the term 
        `suitable employment' means, with respect to a worker, work of 
        a substantially equal or higher skill level than the worker's 
        past adversely affected employment, and wages for such work at 
        not less than 80 percent of the worker's average weekly wage.
            ``(4) Payments after reemployment.--
                    ``(A) In general.--In the case of an adversely 
                affected worker who secures reemployment, the Secretary 
                may approve and pay the costs of training (or shall 
                continue to pay the costs of training previously 
                approved) for that adversely affected worker, for the 
                completion of the training program or up to 26 weeks, 
                whichever is less, after the date the adversely 
                affected worker becomes reemployed.
                    ``(B) Trade adjustment allowance.--An adversely 
                affected worker who is reemployed and is undergoing 
                training approved by the Secretary pursuant to 
                subparagraph (A) may continue to receive a trade 
                adjustment allowance, subject to the income offsets 
                provided for in the worker's State unemployment 
                compensation law in accordance with the provisions of 
                section 237.
            ``(5) Funding.--Until such time as Congress enacts the 
        formula described in subsection (b)(1)(B), the total amount of 
        payments that may be made under this section for any fiscal 
        year shall not exceed $300,000,000.

``SEC. 240A. JOB TRAINING PROGRAMS.

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

``SEC. 241. JOB SEARCH ALLOWANCES.

    ``(a) Job Search Allowance Authorized.--
            ``(1) In general.--An adversely affected worker covered by 
        a certification issued under section 231 may file an 
        application with the Secretary for payment of a job search 
        allowance.
            ``(2) Approval of applications.--The Secretary may grant an 
        allowance pursuant to an application filed under paragraph (1) 
        when all of the following apply:
                    ``(A) Assist adversely affected worker.--The 
                allowance is paid to assist an adversely affected 
                worker who has been totally separated in securing a job 
                within the United States.
                    ``(B) Local employment not available.--The 
                Secretary determines that the worker cannot reasonably 
                be expected to secure suitable employment in the 
                commuting area in which the worker resides.
                    ``(C) Application.--The worker has filed an 
                application for the allowance with the Secretary 
                before--
                            ``(i) the later of--
                                    ``(I) the 365th day after the date 
                                of the certification under which the 
                                worker is certified as eligible; or
                                    ``(II) the 365th day after the date 
                                of the worker's last total separation; 
                                or
                            ``(ii) the date that is the 182d day after 
                        the date on which the worker concluded 
                        training, unless the worker received a waiver 
                        under section 235(c).
    ``(b) Amount of Allowance.--
            ``(1) In general.--An allowance granted under subsection 
        (a) shall provide reimbursement to the worker of 90 percent of 
        the cost of necessary job search expenses as prescribed by the 
        Secretary in regulations.
            ``(2) Maximum allowance.--Reimbursement under this 
        subsection may not exceed $1,250 for any worker.
            ``(3) Allowance for subsistence and transportation.--
        Reimbursement under this subsection may not be made for 
        subsistence and transportation expenses at levels exceeding 
        those allowable under section 240(e).
    ``(c) Exception.--Notwithstanding subsection (b), the Secretary 
shall reimburse any adversely affected worker for necessary expenses 
incurred by the worker in participating in a job search program 
approved by the Secretary.

``SEC. 242. RELOCATION ALLOWANCES.

    ``(a) Relocation Allowance Authorized.--
            ``(1) In general.--Any adversely affected worker covered by 
        a certification issued under section 231 may file an 
        application for a relocation allowance with the Secretary, and 
        the Secretary may grant the relocation allowance, subject to 
        the terms and conditions of this section.
            ``(2) Conditions for granting allowance.--A relocation 
        allowance may be granted if all of the following terms and 
        conditions are met:
                    ``(A) Assist an adversely affected worker.--The 
                relocation allowance will assist an adversely affected 
                worker in relocating within the United States.
                    ``(B) Local employment not available.--The 
                Secretary determines that the worker cannot reasonably 
                be expected to secure suitable employment in the 
                commuting area in which the worker resides.
                    ``(C) Total separation.--The worker is totally 
                separated from employment at the time relocation 
                commences.
                    ``(D) Suitable employment obtained.--The worker--
                            ``(i) has obtained suitable employment 
                        affording a reasonable expectation of long-term 
                        duration in the area in which the worker wishes 
                        to relocate; or
                            ``(ii) has obtained a bona fide offer of 
                        such employment.
                    ``(E) Application.--The worker filed an application 
                with the Secretary before--
                            ``(i) the later of--
                                    ``(I) the 425th day after the date 
                                of the certification under section 231; 
                                or
                                    ``(II) the 425th day after the date 
                                of the worker's last total separation; 
                                or
                            ``(ii) the date that is the 182d day after 
                        the date on which the worker concluded 
                        training, unless the worker received a waiver 
                        under section 235(c).
    ``(b) Amount of Allowance.--The relocation allowance granted to a 
worker under subsection (a) includes--
            ``(1) 90 percent of the reasonable and necessary expenses 
        (including, but not limited to, subsistence and transportation 
        expenses at levels not exceeding those allowable under section 
        240(e)) specified in regulations prescribed by the Secretary, 
        incurred in transporting the worker, the worker's family, and 
        household effects; and
            ``(2) a lump sum equivalent to 3 times the worker's average 
        weekly wage, up to a maximum payment of $1,500.
    ``(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 the Trade Adjustment Assistance Improvement Act of 
        2002, the Secretary shall establish a Wage Insurance Program 
        under which a State shall use the funds provided to the State 
        for trade adjustment allowances to pay to an adversely affected 
worker certified under section 231 a wage subsidy of up to 50 percent 
of the difference between the wages received by the adversely affected 
worker from reemployment and the wages received by the adversely 
affected worker at the time of separation for a period not to exceed 2 
years.
            ``(2) Amount of payment.--
                    ``(A) Wages under $40,000.--If the wages the worker 
                receives from reemployment are less than $40,000 a 
                year, the wage subsidy shall be 50 percent of the 
                difference between the amount of the wages received by 
                the worker from reemployment and the amount of the 
                wages received by the worker at the time of separation.
                    ``(B) Wages between $40,000 and $50,000.--If the 
                wages received by the worker from reemployment are 
                greater than $40,000 a year but less than $50,000 a 
                year, the wage subsidy shall be 25 percent of the 
                difference 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.
            ``(6) Funding.--The total amount of payments that may be 
        made under this subsection for any fiscal year shall not exceed 
        $100,000,000.
    ``(c) Studies of Assistance Available to Economically Distressed 
Workers.--
            ``(1) Study by the general accounting office.--
                    ``(A) In general.--The Comptroller General of the 
                United States shall conduct a study of all assistance 
                provided by the Federal Government for workers facing 
                job loss and economic distress.
                    ``(B) Report.--Not later than 1 year after the date 
                of enactment of the Trade Adjustment Assistance 
                Improvement Act of 2002, the Comptroller General shall 
                submit to the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives a report on the study conducted under 
                subparagraph (A). The report shall include a 
                description of--
                            ``(i) all Federal programs designed to 
                        assist workers facing job loss and economic 
                        distress, including all benefits and services;
                            ``(ii) eligibility requirements for each of 
                        the programs; and
                            ``(iii) procedures for applying for and 
                        receiving benefits and services under each of 
                        the programs.
                    ``(C) Distribution of gao report.--The report 
                described in subparagraph (B) shall be distributed to 
                all one-stop partners authorized under the Workforce 
                Investment Act of 1998.
            ``(2) Studies by the states.--
                    ``(A) In general.--Each State may conduct a study 
                of its assistance programs for workers facing job loss 
                and economic distress.
                    ``(B) Grants.--The Secretary may award to each 
                State a grant, not to exceed $50,000, to enable the 
                State to conduct the study described in subparagraph 
                (A). Each study shall be undertaken in consultation 
                with affected parties.
                    ``(C) Report.--Not later than 1 year after the date 
                of the grant, each State that receives a grant under 
                subparagraph (B) shall submit to the Committee on 
                Finance of the Senate and the Committee on Ways and 
                Means of the House of Representatives the report 
                described in subparagraph (A).
                    ``(D) Distribution of state reports.--A report 
                prepared by a State under this paragraph shall be 
                distributed to all the one-stop partners in the State.

           ``Subchapter D--Payment and Enforcement Provisions

``SEC. 244. PAYMENTS TO STATES.

    ``(a) In General.--The Secretary, from time to time, shall certify 
to the Secretary of the Treasury for payment to each cooperating State, 
the sums necessary to enable that State as agent of the United States 
to make payments provided for by this chapter.
    ``(b) Limitation on Use of Funds.--
            ``(1) In general.--All money paid to a cooperating State 
        under this section shall be used solely for the purposes for 
        which it is paid.
            ``(2) Return of funds not so used.--Money paid that is not 
        used for the purpose for which it is paid under subsection (a) 
        shall be returned to the Secretary of the Treasury at the 
time specified in the agreement entered into under section 222.
    ``(c) Surety Bond.--Any agreement under section 222 may require any 
officer or employee of the cooperating State certifying payments or 
disbursing funds under the agreement or otherwise participating in the 
performance of the agreement, to give a surety bond to the United 
States in an amount the Secretary deems necessary, and may provide for 
the payment of the cost of that bond from funds for carrying out the 
purposes of this chapter.

``SEC. 245. LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS.

    ``(a) Liability of Certifying Officials.--No person designated by 
the Secretary, or designated pursuant to an agreement entered into 
under section 222, as a certifying officer, in the absence of gross 
negligence or intent to defraud the United States, shall be liable with 
respect to any payment certified by that person under this chapter.
    ``(b) Liability of Disbursing Officers.--No disbursing officer, in 
the absence of gross negligence or intent to defraud the United States, 
shall be liable with respect to any payment by that officer under this 
chapter if the payment was based on a voucher signed by a certifying 
officer designated according to subsection (a).

``SEC. 246. FRAUD AND RECOVERY OF OVERPAYMENTS.

    ``(a) In General.--
            ``(1) Overpayment.--If a cooperating State, the Secretary, 
        or a court of competent jurisdiction determines that any person 
        has received any payment under this chapter to which the person 
        was not entitled, including a payment referred to in subsection 
        (b), that person shall be liable to repay that amount to the 
        cooperating State or the Secretary, as the case may be.
            ``(2) Exception.--The cooperating State or the Secretary 
        may waive repayment if the cooperating State or the Secretary 
        determines, in accordance with guidelines prescribed by the 
        Secretary, that all of the following apply:
                    ``(A) No fault.--The payment was made without fault 
                on the part of the person.
                    ``(B) Repayment contrary to equity.--Requiring 
                repayment would be contrary to equity and good 
                conscience.
            ``(3) Procedure for recovery.--
                    ``(A) Recovery from other allowances authorized.--
                Unless an overpayment is otherwise recovered or waived 
                under paragraph (2), the cooperating State or the 
                Secretary shall recover the overpayment by deductions 
                from any sums payable to that person under this 
                chapter, under any Federal unemployment compensation 
                law administered by the cooperating State or the 
                Secretary, or under any other Federal law administered 
                by the cooperating State or the Secretary that provides 
                for the payment of assistance or an allowance with 
                respect to unemployment.
                    ``(B) Recovery from state allowances authorized.--
                Notwithstanding any other provision of Federal or State 
                law, the Secretary may require a cooperating State to 
                recover any overpayment under this chapter by deduction 
                from any unemployment insurance payable to that person 
                under State law, except that no single deduction under 
                this paragraph shall exceed 50 percent of the amount 
                otherwise payable.
    ``(b) Ineligibility for Further Payments.--Any person, in addition 
to any other penalty provided by law, shall be ineligible for any 
further payments under this chapter if a cooperating State, the 
Secretary, or a court of competent jurisdiction determines that one of 
the following applies:
            ``(1) False statement.--The person knowingly made, or 
        caused another to make, a false statement or representation of 
        a material fact, and as a result of the false statement or 
        representation, the person received any payment under this 
        chapter to which the person was not entitled.
            ``(2) Failure to disclose.--The person knowingly failed, or 
        caused another to fail, to disclose a material fact, and as a 
        result of the nondisclosure, the person received any payment 
        under this chapter to which the person was not entitled.
    ``(c) Hearing.--Except for overpayments determined by a court of 
competent jurisdiction, no repayment may be required, and no deduction 
may be made, under this section until a determination under subsection 
(a) by the cooperating State or the Secretary, as the case may be, has 
been made, notice of the determination and an opportunity for a fair 
hearing has been given to the person concerned, and the determination 
has become final.
    ``(d) Recovered Funds.--Any amount recovered under this section 
shall be returned to the Treasury of the United States.

``SEC. 247. CRIMINAL PENALTIES.

    ``Whoever makes a false statement of a material fact knowing it to 
be false, or knowingly fails to disclose a material fact, for the 
purpose of obtaining or increasing for that person or for any other 
person any payment authorized to be furnished under this chapter or 
pursuant to an agreement under section 222 shall be fined not more than 
$10,000, imprisoned for not more than 1 year, or both.

``SEC. 248. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Department of 
Labor, for the period beginning October 1, 2001, and ending September 
30, 2007, such sums as may be necessary to carry out the purposes of 
this chapter, including such additional sums for administrative 
expenses as may be necessary for the department to meet the increased 
workload created by the Trade Adjustment Assistance Improvement Act of 
2002, provided that funding provided for training services shall not be 
used for expenses of administering the trade adjustment assistance for 
workers program. Amounts appropriated under this section shall remain 
available until expended.

``SEC. 249. REGULATIONS.

    ``The Secretary shall prescribe such regulations as may be 
necessary to carry out the provisions of this chapter.

``SEC. 250. SUBPOENA POWER.

    ``(a) In General.--The Secretary may require by subpoena the 
attendance of witnesses and the production of evidence necessary to 
make a determination under the provisions of this chapter.
    ``(b) Court Order.--If a person refuses to obey a subpoena issued 
under subsection (a), a competent United States district court, upon 
petition by the Secretary, may issue an order requiring compliance with 
such subpoena.''.

SEC. 102. DISPLACED WORKER SELF-EMPLOYMENT TRAINING PILOT PROGRAM.

    (a) Establishment.--Not later than 6 months after the date of 
enactment of this Act, the Administrator of the Small Business 
Administration (in this section referred to as the ``Administrator'') 
shall establish a self-employment training program (in this section 
referred to as the ``Program'') for adversely affected workers (as 
defined in chapter 2 of title II of the Trade Act of 1974), to be 
administered by the Small Business Administration.
    (b) Eligibility for Assistance.--If an adversely affected worker 
seeks or receives assistance through the Program, such action shall not 
affect the eligibility of that worker to receive benefits under chapter 
2 of title II of the Trade Act of 1974.
    (c) Training Assistance.--The Program shall include, at a minimum, 
training in--
            (1) pre-business startup planning;
            (2) awareness of basic credit practices and credit 
        requirements; and
            (3) developing business plans, financial packages, and 
        credit applications.
    (d) Outreach.--The Program should include outreach to adversely 
affected workers and counseling and lending partners of the Small 
Business Administration.
    (e) Reports to Congress.--Beginning not later than 180 days after 
the date of enactment of this Act, the Administrator shall submit 
quarterly reports to the Committee on Finance and the Committee on 
Small Business and Entrepreneurship of the Senate and the Committee on 
Ways and Means and the Committee on Small Business of the House of 
Representatives regarding the implementation of the Program, including 
Program delivery, staffing, and administrative expenses related to such 
implementation.
    (f) Guidelines.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall issue such guidelines as 
the Administrator determines to be necessary to carry out the Program.
    (g) Effective Date.--The Program shall terminate 3 years after the 
date of final publication of guidelines under subsection (f).

SEC. 103. COORDINATION WITH OTHER TRADE PROVISIONS.

    (a) Recommendations by ITC.--
            (1) Section 202(e)(2)(D) of the Trade Act of 1974 (19 
        U.S.C. 2252(e)(2)(D)) is amended by striking ``, including the 
        provision of trade adjustment assistance under chapter 2''.
            (2) Section 203(a)(3)(D) of the Trade Act of 1974 (19 
        U.S.C. 2252(a)(3)(D)) is amended by striking ``, including the 
        provision of trade adjustment assistance under chapter 2''.
    (b) Assistance for Workers.--Section 203(a)(1)(A) of the Trade Act 
of 1974 (19 U.S.C. 2252(a)(1)(A)) is amended to read as follows:
                    ``(A) After receiving a report under section 202(f) 
                containing an affirmative finding regarding serious 
                injury, or the threat thereof, to a domestic industry--
                            ``(i) the President shall take all 
                        appropriate and feasible action within his 
                        power; and
                            ``(ii) the Secretary of Labor, the 
                        Secretary of Agriculture, or the Secretary of 
                        Commerce, as appropriate, shall certify as 
                        eligible for trade adjustment assistance under 
                        section 231(a), 292, or 299B, workers, farmers, 
                        or fishermen who are or were employed in the 
                        domestic industry defined by the Commission if 
                        such workers, farmers, or fishermen become 
                        totally or partially separated, or are 
                        threatened to become totally or partially 
                        separated not more than 1 year before or not 
                        more than 1 year after the date on which the 
                        Commission made its report to the President 
                        under section 202(f).''.
    (c) Special Look-Back Rule.--Section 203(a)(1)(A) of the Trade Act 
of 1974 shall apply to a worker, farmer, or fisherman if not more than 
1 year before the date of enactment of the Trade Adjustment Assistance 
Improvement Act of 2002 the Commission notified the President of an 
affirmative determination under section 202(f) of such Act with respect 
the domestic industry in which such worker, farmer, or fisherman was 
employed.

            TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

SEC. 201. REAUTHORIZATION OF PROGRAM.

    (a) In General.--Section 256(b) of chapter 3 of title II of the 
Trade Act of 1974 (19 U.S.C. 2346(b)) is amended to read as follows:
    ``(b) There are authorized to be appropriated to the Secretary 
$16,000,000 for each of fiscal years 2002 through 2007, to carry out 
the Secretary's functions under this chapter in connection with 
furnishing adjustment assistance to firms. Amounts appropriated under 
this subsection shall remain available until expended.''.
    (b) Eligibility Criteria.--Section 251(c) of chapter 3 of title II 
of the Trade Act of 1974 (19 U.S.C. 2341(c)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) The Secretary shall certify a firm (including any 
        agricultural firm) as eligible to apply for adjustment 
        assistance under this chapter if the Secretary determines that 
        a significant number or proportion of the workers in such firm 
        have become totally or partially separated, or are threatened 
        to become totally or partially separated, and that either--
                    ``(A) increases in the value or volume of imports 
                of articles like or directly competitive with articles 
                which are produced by such firm contributed importantly 
                to such total or partial separation, or threat thereof; 
                or
                    ``(B) a shift in production by the workers' firm or 
                subdivision to a foreign country of articles like or 
                directly competitive with articles which are produced 
                by that firm or subdivision contributed importantly to 
                the workers' separation or threat of separation.''; and
            (2) in paragraph (2), by striking ``paragraph (1)(C)'' and 
        inserting ``paragraph (1)''.

         TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

SEC. 301. PURPOSE.

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

SEC. 302. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

    Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et 
seq.) is amended to read as follows:

               ``CHAPTER 4--COMMUNITY ECONOMIC ADJUSTMENT

``SEC. 271. DEFINITIONS.

    ``In this chapter:
            ``(1) Civilian labor force.--The term `civilian labor 
        force' has the meaning given that term in regulations 
        prescribed by the Secretary of Labor.
            ``(2) Community.--The term `community' means a county or 
        equivalent political subdivision of a State.
                    ``(A) Rural community.--The term `rural community' 
                means a community that has a rural-urban continuum code 
                of 4 through 9.
                    ``(B) Urban community.--The term `urban community' 
                means a community that has a rural-urban continuum code 
                of 0 through 3.
            ``(3) Community economic development coordinating 
        committee.--The term `Community Economic Development 
        Coordinating Committee' means a community group established 
        under section 274 that consists of major groups significantly 
        affected by an increase in imports or a shift in production, 
        including local, regional, tribal, and State governments, 
        regional councils of governments and economic development, and 
        business, labor, education, health, religious, and other 
        community-based organizations.
            ``(4) Director.--The term `Director' means the Director of 
        the Office of Community Trade Adjustment.
            ``(5) Eligible community.--The term `eligible community' 
        means a community certified under section 273 as eligible for 
        assistance under this chapter.
            ``(6) Job loss.--The term `job loss' means the total or 
        partial separation of an individual, as those terms are defined 
        in section 221.
            ``(7) Office.--The term `Office' means the Office of 
        Community Trade Adjustment established under section 272.
            ``(8) Rural-urban continuum code.--The term `rural-urban 
        continuum code' means a code assigned to a community according 
        to the rural-urban continuum code system, as defined by the 
        Economic Research Service of the Department of Agriculture.
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Commerce.

``SEC. 272. OFFICE OF COMMUNITY TRADE ADJUSTMENT.

    ``(a) Establishment.--Within 6 months of the date of enactment of 
the Trade Adjustment Assistance Improvement Act of 2002, there shall be 
established in the Office of Economic Adjustment of the Economic 
Development Administration of the Department of Commerce an Office of 
Community Trade Adjustment.
    ``(b) Personnel.--The Office shall be headed by a Director, and 
shall have such staff as may be necessary to carry out the 
responsibilities described in this chapter.
    ``(c) Coordination of Federal Response.--The Office shall--
            ``(1) provide leadership, support, and coordination for a 
        comprehensive management program to address economic 
        dislocation in eligible communities;
            ``(2) establish an easily accessible, one-stop 
        clearinghouse for States and eligible communities to obtain 
        information regarding economic development assistance available 
        under Federal law;
            ``(3) coordinate the Federal response to an eligible 
        community--
                    ``(A) by identifying all Federal, State, and local 
                resources that are available to assist the eligible 
                community in recovering from economic distress;
                    ``(B) by ensuring that all Federal agencies 
                offering assistance to an eligible community do so in a 
                targeted, integrated manner that ensures that an 
                eligible community has access to all available Federal 
                assistance;
                    ``(C) by assuring timely consultation and 
                cooperation between Federal, State, and regional 
                officials concerning community economic adjustment;
                    ``(D) by identifying and strengthening existing 
                agency mechanisms designed to assist communities in 
                economic adjustment and workforce reemployment;
                    ``(E) by applying consistent policies, practices, 
                and procedures in the administration of Federal 
                programs that are used to assist communities adversely 
                impacted by an increase in imports or a shift in 
                production;
                    ``(F) by creating, maintaining, and using a uniform 
                economic database to analyze community adjustment 
                activities; and
                    ``(G) by assigning a community economic adjustment 
                advisor to work with each eligible community;
            ``(4) provide comprehensive technical assistance to any 
        eligible community in the efforts of that community to--
                    ``(A) identify serious economic problems in the 
                community that result from an increase in imports or 
                shift in production;
                    ``(B) integrate the major groups and organizations 
                significantly affected by the economic adjustment;
                    ``(C) organize a Community Economic Development 
                Coordinating Committee;
                    ``(D) access Federal, State, and local resources 
                designed to assist in economic development and trade 
                adjustment assistance;
                    ``(E) diversify and strengthen the community 
                economy; and
                    ``(F) develop a community-based strategic plan to 
                address workforce dislocation and economic development;
            ``(5) establish specific criteria for submission and 
        evaluation of a strategic plan submitted under section 276(d);
            ``(6) administer the grant programs established under 
        sections 276 and 277; and
            ``(7) establish an interagency Trade Adjustment Assistance 
        Working Group, consisting of the representatives of any Federal 
        department or agency with responsibility for economic 
        adjustment assistance, including the Department of Agriculture, 
        the Department of Defense, the Department of Education, the 
        Department of Labor, the Department of Housing and Urban 
        Development, the Department of Health and Human Services, the 
        Small Business Administration, the Department of the Treasury, 
        the Department of Commerce, the Office of the United States 
        Trade Representative, and the National Economic Council.
    ``(d) Working Group.--The working group established under 
subsection (c)(7) shall examine other options for addressing trade 
impacts on communities, such as:
            ``(1) Seeking legislative language directing the Foreign 
        Trade Zone (`FTZ') Board to expedite consideration of FTZ 
        applications from communities or businesses that have been 
        found eligible for trade adjustment assistance.
            ``(2) Seeking legislative language to make new markets tax 
        credits available in communities impacted by trade.
            ``(3) Seeking legislative language to make work opportunity 
        tax credits available for hiring unemployed workers who are 
        certified eligible for trade adjustment assistance.
            ``(4) Examining ways to assist trade impacted rural 
        communities and industries take advantage of the Department of 
        Agriculture's rural development program.

``SEC. 273. NOTIFICATION AND CERTIFICATION AS AN ELIGIBLE COMMUNITY.

    ``(a) Notification.--The Secretary of Labor, not later than 15 days 
after making a determination that a group of workers is eligible for 
trade adjustment assistance under section 231, shall notify the 
Governor of the State in which the community in which the worker's firm 
is located and the Director, of the Secretary's determination.
    ``(b) Certification.--Not later than 30 days after notification by 
the Secretary of Labor described in subsection (a), the Director shall 
certify as eligible for assistance under this chapter a community in 
which both of the following conditions applies:
            ``(1) Number of job losses.--The Director finds that--
                    ``(A) in an urban community, at least 500 workers 
                have been certified for assistance under section 231 in 
                the most recent 36-month period preceding the date of 
                certification under this section for which data are 
                available; or
                    ``(B) in a rural community, at least 300 workers 
                have been certified for assistance under section 231 in 
                the most recent 36-month period preceding the date of 
                certification under this section for which data are 
                available.
            ``(2) Percent of workforce unemployed.--The Director finds 
        that the unemployment rate for the community is at least 1 
        percent greater than the national unemployment rate for the 
        most recent 12-month period for which data are available.
    ``(c) Notification to Eligible Communities.--Not later than 15 days 
after the Director certifies a community as eligible under subsection 
(b), the Director shall notify the community--
            ``(1) of its determination under subsection (b);
            ``(2) of the provisions of this chapter;
            ``(3) how to access the clearinghouse established under 
        section 272(c)(2); and
            ``(4) how to obtain technical assistance provided under 
        section 272(c)(4).

``SEC. 274. COMMUNITY ECONOMIC DEVELOPMENT COORDINATING COMMITTEE.

    ``(a) Establishment.--In order to apply for and receive benefits 
under this chapter, an eligible community shall establish a Community 
Economic Development Coordinating Committee certified by the Director 
as meeting the requirements of subsection (b)(1).
    ``(b) Composition of the Committee.--
            ``(1) Local participation.--The Community Economic 
        Development Coordinating Committee established by an eligible 
        community under subsection (a) shall include representatives of 
        those groups significantly affected by economic dislocation, 
        such as local, regional, tribal, and State governments, 
        regional councils of governments and economic development, 
        business, labor, education, health organizations, religious, 
        and other community-based groups providing assistance to 
        workers, their families, and communities.
            ``(2) Federal participation.--Pursuant to section 
        275(b)(3), the community economic adjustment advisor, assigned 
        by the Director to assist an eligible community, shall serve as 
        an ex officio member of the Community Economic Development 
        Coordinating Committee, and shall arrange for participation by 
        representatives of other Federal agencies on that Committee as 
        necessary.
            ``(3) Existing organization.--An eligible community may 
        designate an existing organization in that community as the 
        Community Economic Development Coordinating Committee if that 
        organization meets the requirements of paragraph (1) for the 
        purposes of this chapter.
    ``(c) Duties.--The Community Economic Development Coordinating 
Committee shall--
            ``(1) ascertain the severity of the community economic 
        adjustment required as a result of the increase in imports or 
        shift in production;
            ``(2) assess the capacity of the community to respond to 
        the required economic adjustment and the needs of the community 
        as it undertakes economic adjustment, taking into consideration 
        such factors as the number of jobs lost, the size of the 
        community, the diversity of industries, the skills of the labor 
        force, the condition of the current labor market, the 
        availability of financial resources, the quality and 
        availability of educational facilities, the adequacy and 
        availability of public services, and the existence of a basic 
        and advanced infrastructure in the community;
            ``(3) facilitate a dialogue between concerned interests in 
        the community, represent the impacted community, and ensure all 
        interests in the community work collaboratively toward 
        collective goals without duplication of effort or resources;
            ``(4) oversee the development of a strategic plan for 
        community economic development, taking into consideration the 
        factors mentioned under paragraph (2), and consistent with the 
        criteria established by the Secretary for the strategic plan 
        developed under section 276;
            ``(5) create an executive council of members of the 
        Community Economic Development Coordinating Committee to 
        promote the strategic plan within the community and ensure 
        coordination and cooperation among all stakeholders; and
            ``(6) apply for any grant, loan, or loan guarantee 
        available under Federal law to develop or implement the 
        strategic plan, and be an eligible recipient for funding for 
        economic adjustment for that community.

``SEC. 275. COMMUNITY ECONOMIC ADJUSTMENT ADVISORS.

    ``(a) In General.--Pursuant to section 272(c)(3)(G), the Director 
shall assign a community economic adjustment advisor to each eligible 
community.
    ``(b) Duties.--The community economic adjustment advisor shall--
            ``(1) provide technical assistance to the eligible 
        community, assist in the development and implementation of a 
        strategic plan, including applying for any grant available 
        under this or any other Federal law to develop or implement 
        that plan;
            ``(2) at the local and regional level, coordinate the 
        response of all Federal agencies offering assistance to the 
        eligible community;
            ``(3) serve as an ex officio member of the Community 
        Economic Development Coordinating Committee established by an 
        eligible community under section 274;
            ``(4) act as liaison between the Community Economic 
        Development Coordinating Committee established by the eligible 
        community and all other Federal agencies that offer assistance 
        to eligible communities, including the Department of 
        Agriculture, the Department of Defense, the Department of 
        Education, the Department of Labor, the Department of Housing 
        and Urban Development, the Department of Health and Human 
        Services, the Small Business Administration, the Department of 
        the Treasury, the National Economic Council, and other offices 
        or agencies of the Department of Commerce;
            ``(5) report regularly to the Director regarding the 
        progress of development activities in the community to which 
        the community economic adjustment advisor is assigned; and
            ``(6) perform other duties as directed by the Secretary or 
        the Director.

``SEC. 276. STRATEGIC PLANS.

    ``(a) In General.--With the assistance of the community economic 
adjustment advisor, an eligible community may develop a strategic plan 
for community economic adjustment and diversification.
    ``(b) Requirements for Strategic Plan.--A strategic plan shall 
contain, at a minimum, the following:
            ``(1) A description and justification of the capacity for 
        economic adjustment, including the method of financing to be 
        used, the anticipated management structure of the Community 
        Economic Development Coordinating Committee, and the commitment 
        of the community to the strategic plan over the long term.
            ``(2) A description of, and a plan to accomplish, the 
        projects to be undertaken by the eligible community.
            ``(3) A description of how the plan and the projects to be 
        undertaken by the eligible community will lead to job creation 
        and job retention in the community.
            ``(4) A description of any alternative development plans 
        that were considered, particularly less costly alternatives, 
        and why those plans were rejected in favor of the proposed 
        plan.
            ``(5) A description of any additional steps the eligible 
        community will take to achieve economic adjustment and 
        diversification, including how the plan and the projects will 
        contribute to establishing or maintaining a level of public 
        services necessary to attract and retain economic investment.
            ``(6) A description and justification for the cost and 
        timing of proposed basic and advanced infrastructure 
        improvements in the eligible community.
            ``(7) A description of the occupational and workforce 
        conditions in the eligible community, including but not limited 
        to existing levels of workforce skills and competencies, and 
        educational programs available for workforce training and 
        future employment needs.
            ``(8) A description of how the plan will adapt to changing 
        markets, business cycles, and other variables.
            ``(9) A graduation strategy through which the eligible 
        community demonstrates that the community will terminate the 
        need for Federal assistance.
    ``(c) Grants To Develop Strategic Plans.--
            ``(1) In general.--The Director, upon receipt of an 
        application from a Community Economic Development Coordinating 
        Committee on behalf of an eligible community, shall award a 
        grant to that community to be used to develop the strategic 
        plan.
            ``(2) Amount.--The amount of a grant made under paragraph 
        (1) shall be determined by the Secretary, but may not exceed 
        $50,000 to each community.
            ``(3) Limit.--Each community can only receive 1 grant under 
        this subsection for the purpose of developing a strategic plan 
        in any 5-year period.
    ``(d) Submission of Plan.--A strategic plan developed under 
subsection (a) shall be submitted to the Director for evaluation and 
approval.

``SEC. 277. GRANTS FOR ECONOMIC DEVELOPMENT.

    ``The Director, upon receipt of an application from the Community 
Economic Development Coordinating Committee on behalf of an eligible 
community, may award a grant to that community to carry out any project 
or program included in the strategic plan approved under section 276(d) 
that--
            ``(1) will be located in, or will create or preserve high-
        wage jobs, in that eligible community; and
            ``(2) implements the strategy of that eligible community to 
        create high-wage jobs in sectors that are expected to expand, 
        including projects that--
                    ``(A) encourage industries to locate in that 
                eligible community, if such funds are not used to 
                encourage the relocation of any employer in a manner 
                that causes the dislocation of employees of that 
                employer at another facility in the United States;
                    ``(B) leverage resources to create or improve 
                Internet or telecommunications capabilities to make the 
                community more attractive for business;
                    ``(C) establish a funding pool for job creation 
                through entrepreneurial activities;
                    ``(D) assist existing firms in that community to 
                restructure or retool to become more competitive in 
                world markets and prevent job loss; or
                    ``(E) assist the community in acquiring the 
                resources and providing the level of public services 
                necessary to meet the objectives set out in the 
                strategic plan.

``SEC. 278. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Department of 
Commerce, for each of fiscal years 2003 through 2007, $45,000,000 to 
carry out the purposes of this chapter.

``SEC. 279. GENERAL PROVISIONS.

    ``(a) Report by the Director.--Not later than 6 months after the 
date of enactment of the Trade Adjustment Assistance Improvement Act of 
2002, and annually thereafter, the Director shall submit to the 
Committee on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives a report regarding the programs 
established under this title.
    ``(b) Regulations.--The Secretary shall prescribe such regulations 
as are necessary to carry out the provisions of this chapter.
    ``(c) Supplement Not Supplant.--Funds appropriated under this 
chapter shall be used to supplement and not supplant other Federal, 
State, and local public funds expended to provide economic development 
assistance for communities.''.

SEC. 303. COMMUNITY WORKFORCE PARTNERSHIPS.

    (a) Short Title.--This section may be cited as the ``Community 
Workforce Development and Modernization Partnership Act''.
    (b) General Authority.--Title II of the Trade Act of 1974 (19 
U.S.C. 2251 et seq.) (as amended by sections 401 and 501) is further 
amended by inserting after chapter 7 the following:

             ``CHAPTER 8--COMMUNITY WORKFORCE PARTNERSHIPS

``SEC. 299K. AUTHORIZATION.

    ``(a) In General.--From amounts made available to carry out this 
chapter, the Secretary of Labor (referred to in this chapter as the 
`Secretary'), in consultation with the Secretary of Commerce and the 
Secretary of Education, shall award grants on a competitive basis to 
eligible entities described in subsection (b) to assist each entity 
to--
            ``(1) help workers improve those job skills that are 
        necessary for employment by businesses in the industry with 
        respect to which the entity was established;
            ``(2) help dislocated workers find employment; and
            ``(3) upgrade the operating and competitive capacities of 
        businesses that are members of the entity.
    ``(b) Eligible Entities.--An eligible entity described in this 
subsection is a consortium (either established prior to the date of 
enactment of the Community Workforce Development and Modernization 
Partnership Act or established specifically to carry out programs under 
this chapter) that--
            ``(1) shall include--
                    ``(A) 2 or more businesses (or nonprofit 
                organizations representing businesses) that are facing 
                similar workforce development or business modernization 
                challenges;
                    ``(B) labor organizations, if the businesses 
                described in subparagraph (A) employ workers who are 
                covered by collective bargaining agreements; and
                    ``(C) 1 or more businesses (or nonprofit 
                organizations that represent businesses) with resources 
                or expertise that can be brought to bear on the 
                workforce development and business modernization 
                challenges referred to in subparagraph (A); and
            ``(2) may include--
                    ``(A) State governments and units of local 
                government;
                    ``(B) educational institutions;
                    ``(C) labor organizations; or
                    ``(D) nonprofit organizations.
    ``(c) Common Geographic Region.--To the maximum extent practicable, 
the organizations that are members of an eligible entity described in 
subsection (b) shall be located within a single geographic region of 
the United States.
    ``(d) Priority Consideration.--In awarding grants under subsection 
(a), the Secretary shall give priority consideration to--
            ``(1) eligible entities that serve dislocated workers or 
        workers who are threatened with becoming totally or partially 
        separated from employment;
            ``(2) eligible entities that include businesses with fewer 
        than 250 employees; or
            ``(3) eligible entities from a geographic region in the 
        United States that has been adversely impacted by the movement 
        of manufacturing operations or businesses to other regions or 
        countries, due to corporate restructuring, technological 
        advances, Federal law, international trade, or another factor, 
        as determined by the Secretary.
    ``(e) Application.--To be eligible to receive a grant under this 
section, an entity shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may reasonably require.

``SEC. 299L. PARTNERSHIP ACTIVITIES.

    ``(a) Use of Grant Amounts.--Each eligible entity that receives a 
grant under section 299K shall use the amount made available through 
the grant to carry out a program that provides--
            ``(1) workforce development activities to improve the job 
        skills of individuals who have, are seeking, or have been 
        dislocated from, employment with a business that is a member of 
        that eligible entity, or with a business that is in the 
        industry of a business that is a member of that eligible 
        entity;
            ``(2) business modernization activities; or
            ``(3) activities that are--
                    ``(A) workforce investment activities (including 
                such activities carried out through one-stop delivery 
                systems) carried out under subtitle B of title I of the 
                Workforce Investment Act of 1998 (42 U.S.C. 2811 et 
                seq.); or
                    ``(B) activities described in section 25 of the 
                National Institute of Standards and Technology Act (15 
                U.S.C. 278k).
    ``(b) Activities Included.--
            ``(1) Workforce development activities.--The workforce 
        development activities referred to in subsection (a)(1) may 
        include activities that--
                    ``(A) develop skill standards and provide training, 
                including--
                            ``(i) assessing the training and job skill 
                        needs of the industry involved;
                            ``(ii) developing a sequence of skill 
                        standards that are benchmarked to advanced 
                        industry practices;
                            ``(iii) developing curricula and training 
                        methods;
                            ``(iv) purchasing, leasing, or receiving 
                        donations of training equipment;
                            ``(v) identifying and developing the skills 
                        of training providers;
                            ``(vi) developing apprenticeship programs; 
                        and
                            ``(vii) developing training programs for 
                        dislocated workers;
                    ``(B) assist workers in finding new employment; or
                    ``(C) provide supportive services to workers who--
                            ``(i) are participating in a program 
                        carried out by the entity under this chapter; 
                        and
                            ``(ii) are unable to obtain the supportive 
                        services through another program providing the 
                        services.
            ``(2) Business modernization activities.--The business 
        modernization activities referred to in subsection (a)(2) may 
        include activities that upgrade technical or organizational 
        capabilities in conjunction with improving the job skills of 
        workers in a business that is a member of that entity.

``SEC. 299M. SEED GRANTS AND OUTREACH ACTIVITIES.

    ``(a) Seed Grants.--The Secretary may provide technical assistance 
and award financial assistance (not to exceed $150,000 per award) on 
such terms and conditions as the Secretary determines to be 
appropriate--
            ``(1) to businesses, nonprofit organizations representing 
        businesses, and labor organizations, for the purpose of 
        establishing an eligible entity; and
            ``(2) to entities described in paragraph (1) and 
        established eligible entities, for the purpose of preparing 
        such application materials as may be required under section 
        299K(e).
    ``(b) Outreach and Promotional Activities.--The Secretary may 
undertake such outreach and promotional activities as the Secretary 
determines will best carry out the objectives of this chapter.
    ``(c) Limitations on Expenditures.--The Secretary may not use more 
than 10 percent of the amount authorized to be appropriated under 
section 299P to carry out this section.

``SEC. 299N. LIMITATIONS ON FUNDING.

    ``(a) Requirement of Matching Funds.--The Secretary may not award a 
grant under this chapter to an eligible entity unless such entity 
agrees that the entity will make available non-Federal contributions 
toward the costs of carrying out activities funded by that grant in an 
amount that is not less than $2 for each $1 of Federal funds made 
available through the grant.
    ``(b) In-Kind Contributions.--The Secretary--
            ``(1) shall, in awarding grants under this chapter, give 
        priority consideration to those entities whose members offer 
        in-kind contributions; and
            ``(2) may not consider any in-kind contribution in lieu of 
        or as any part of the contributions required under subsection 
        (a).
    ``(c) Senior Management Training and Development.--An eligible 
entity may not use any amount made available through a grant awarded 
under this chapter for training and development activities for senior 
management, unless that entity certifies to the Secretary that 
expenditures for the activities are--
            ``(1) an integral part of a comprehensive modernization 
        plan; or
            ``(2) dedicated to team building or employee involvement 
        programs.
    ``(d) Performance Measures.--Each eligible entity shall, in 
carrying out the activities referred to in section 299L, provide for 
development of, and tracking of performance according to, performance 
outcome measures.
    ``(e) Administrative Costs.--Each eligible entity may use not more 
than 20 percent of the amount made available to that entity through a 
grant awarded under this chapter to pay for administrative costs.
    ``(f) Maximum Amount of Grant.--No eligible entity may receive--
            ``(1) a grant under this chapter in an amount of more than 
        $1,000,000 for any fiscal year; or
            ``(2) grants under this chapter in any amount for more than 
        3 fiscal years.
    ``(g) Support for Existing Operations.--
            ``(1) In general.--In making grants under this chapter, the 
        Secretary may use a portion equal to not more than 50 percent 
        of the funds appropriated to carry out this chapter for a 
        fiscal year, to support the existing training and modernization 
        operations of existing eligible entities.
            ``(2) Entities.--The Secretary may award a grant to an 
        existing eligible entity for existing training and 
        modernization operations only if the entity--
                    ``(A) currently offers (as of the date of the award 
                of the grant) a combination of training, modernization, 
                and business assistance services;
                    ``(B) targets industries with jobs that 
                traditionally have low wages;
                    ``(C) targets industries that are faced with 
                chronic job loss; and
                    ``(D) has demonstrated success in accomplishing the 
                objectives of activities described in section 299L.
            ``(3) Application.--Paragraph (1) shall not apply to 
        support for the expansion of training and modernization 
        operations of existing eligible entities.
            ``(4) Definitions.--In this subsection:
                    ``(A) Existing training and modernization 
                activity.--The term `existing training and 
                modernization activity' means a training and 
                modernization activity carried out prior to the date of 
                enactment of the Community Workforce Development and 
                Modernization Partnership Act.
                    ``(B) Existing eligible entity.--The term `existing 
                eligible entity' means an eligible entity that was 
                established prior to the date of enactment of the 
                Community Workforce Development and Modernization 
                Partnership Act.

``SEC. 299O. EVALUATION.

    ``Not later than 3 years after the date of enactment of the 
Community Workforce Development and Modernization Partnership Act, the 
Secretary shall prepare and submit to Congress a report on the 
effectiveness of the activities carried out under this chapter.

``SEC. 299P. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
chapter--
            ``(1) $10,000,000 for fiscal year 2003;
            ``(2) $15,000,000 for fiscal year 2004;
            ``(3) $20,000,000 for fiscal year 2005;
            ``(4) $25,000,000 for fiscal year 2006; and
            ``(5) $30,000,000 for fiscal year 2007.''.
    (c) Table of Contents.--The table of contents for the Trade Act of 
1974 (19 U.S.C. 2101 et seq.) (as amended in section 701(a)) is further 
amended by inserting after the items relating to chapter 7 of title II 
the following:

             ``Chapter 8--Community Workforce Partnerships

        ``Sec. 299K. Authorization.
        ``Sec. 299L. Partnership activities.
        ``Sec. 299M. Seed grants and outreach activities.
        ``Sec. 299N. Limitations on funding.
        ``Sec. 299O. Evaluation.
        ``Sec. 299P. Authorization of appropriations.''.

           TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

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

             ``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS

``SEC. 291. DEFINITIONS.

    ``In this chapter:
            ``(1) Agricultural commodity.--The term `agricultural 
        commodity' means any agricultural commodity (including 
        livestock), except fish as defined in section 299(1) of this 
        Act, in its raw or natural state.
            ``(2) Agricultural commodity producer.--The term 
        `agricultural commodity producer' has the same meaning as the 
        term `person' as prescribed by regulations promulgated under 
        section 1001(5) of the Food Security Act of 1985 (7 U.S.C. 
        1308(5)). The term does not include any person described in 
        section 299(2) of this Act.
            ``(3) Contributed importantly.--
                    ``(A) In general.--The term `contributed 
                importantly' means a cause which is important but not 
                necessarily more important than any other cause.
                    ``(B) Determination of contributed importantly.--
                The determination of whether imports of articles like 
                or directly competitive with an agricultural commodity 
                with respect to which a petition under this chapter was 
                filed contributed importantly to a decline in the price 
                of the agricultural commodity shall be made by the 
                Secretary.
            ``(4) Duly authorized representative.--The term `duly 
        authorized representative' means an association of agricultural 
        commodity producers.
            ``(5) National average price.--The term `national average 
        price' means the national average price paid to an agricultural 
        commodity producer for an agricultural commodity in a marketing 
        year as determined by the Secretary.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.

``SEC. 292. PETITIONS; GROUP ELIGIBILITY.

    ``(a) In General.--A petition for a certification of eligibility to 
apply for adjustment assistance under this chapter may be filed with 
the Secretary by a group of agricultural commodity producers or by 
their duly authorized representative. Upon receipt of the petition, the 
Secretary shall promptly publish notice in the Federal Register that 
the Secretary has received the petition and initiated an investigation.
    ``(b) Hearings.--If the petitioner, or any other person found by 
the Secretary to have a substantial interest in the proceedings, 
submits not later than 10 days after the date of the Secretary's 
publication under subsection (a) a request for a hearing, the Secretary 
shall provide for a public hearing and afford such interested person an 
opportunity to be present, to produce evidence, and to be heard.
    ``(c) Group Eligibility Requirements.--The Secretary shall certify 
a group of agricultural commodity producers as eligible to apply for 
adjustment assistance under this chapter if the Secretary determines--
            ``(1) that the national average price for the agricultural 
        commodity, or a class of goods within the agricultural 
        commodity, produced by the group for the most recent marketing 
        year for which the national average price is available is less 
        than 80 percent of the average of the national average price 
        for such agricultural commodity, or such class of goods, for 
        the 5 marketing years preceding the most recent marketing year; 
        and
            ``(2) that increases in imports of articles like or 
        directly competitive with the agricultural commodity, or class 
        of goods within the agricultural commodity, produced by the 
        group contributed importantly to the decline in price described 
        in paragraph (1).
    ``(d) Special Rule for Qualified Subsequent Years.--A group of 
agricultural commodity producers certified as eligible under section 
293 shall be eligible to apply for assistance under this chapter in any 
qualified year after the year the group is first certified, if the 
Secretary determines that--
            ``(1) the national average price for the agricultural 
        commodity, or class of goods within the agricultural commodity, 
        produced by the group for the most recent marketing year for 
        which the national average price is available is equal to or 
        less than the price determined under subsection (c)(1); and
            ``(2) the requirements of subsection (c)(2) are met.
    ``(e) Determination of Qualified Year and Commodity.--In this 
chapter:
            ``(1) Qualified year.--The term `qualified year', with 
        respect to a group of agricultural commodity producers 
        certified as eligible under section 293, means each consecutive 
        year after the year in which the group is certified that the 
        Secretary makes the determination under subsection (c) or (d), 
        as the case may be.
            ``(2) Classes of goods within a commodity.--In any case in 
        which there are separate classes of goods within an 
        agricultural commodity, the Secretary shall treat each class as 
        a separate commodity in determining group eligibility, the 
        national average price, and level of imports under this section 
        and section 296.

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

    ``(a) In General.--As soon as practicable after the date on which a 
petition is filed under section 292, but in any event not later than 40 
days after that date, the Secretary shall determine whether the 
petitioning group meets the requirements of section 292 (c) or (d), as 
the case may be, and shall, if the group meets the requirements, issue 
a certification of eligibility to apply for assistance under this 
chapter covering agricultural commodity producers in any group that 
meets the requirements. Each certification shall specify the date on 
which eligibility under this chapter begins.
    ``(b) Notice.--Upon making a determination on a petition, the 
Secretary shall promptly publish a summary of the determination in the 
Federal Register, together with the Secretary's reasons for making the 
determination.
    ``(c) Termination of Certification.--Whenever the Secretary 
determines, with respect to any certification of eligibility under this 
chapter, that the decline in price for the agricultural commodity 
covered by the certification is no longer attributable to the 
conditions described in section 292, the Secretary shall terminate such 
certification and promptly cause notice of such termination to be 
published in the Federal Register, together with the Secretary's 
reasons for making such determination.

``SEC. 294. NOTIFICATION BY INTERNATIONAL TRADE COMMISSION.

    ``(a) Notification of Investigation.--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.
    ``(b) Notification of Affirmative Determination.--Whenever the 
Commission makes a report under section 202(f) containing an 
affirmative finding regarding serious injury, or the threat thereof, to 
a domestic industry producing an agricultural commodity, the Commission 
shall immediately notify the Secretary of that finding.

``SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS.

    ``(a) In General.--The Secretary shall provide full information to 
producers about the benefit allowances, training, and other employment 
services available under this title and about the petition and 
application procedures, and the appropriate filing dates, for such 
allowances, training, and services. The Secretary shall provide 
whatever assistance is necessary to enable groups to prepare petitions 
or applications for program benefits under this title.
    ``(b) Notice of Benefits.--
            ``(1) In general.--The Secretary shall mail written notice 
        of the benefits available under this chapter to each 
        agricultural commodity producer that the Secretary has reason 
        to believe is covered by a certification made under this 
        chapter.
            ``(2) Other notice.--The Secretary shall publish notice of 
        the benefits available under this chapter to agricultural 
        commodity producers that are covered by each certification made 
        under this chapter in newspapers of general circulation in the 
        areas in which such producers reside.
            ``(3) Other federal assistance.--The Secretary shall also 
        provide information concerning procedures for applying for and 
        receiving all other Federal assistance and services available 
        to workers facing economic distress.

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

    ``(a) In General.--
            ``(1) Requirements.--Payment of a trade adjustment 
        allowance shall be made to an adversely affected agricultural 
        commodity producer covered by a certification under this 
        chapter who files an application for such allowance within 90 
        days after the date on which the Secretary makes a 
        determination and issues a certification of eligibility under 
        section 293, if the following conditions are met:
                    ``(A) The producer submits to the Secretary 
                sufficient information to establish the amount of 
                agricultural commodity covered by the application filed 
                under subsection (a) that was produced by the producer 
                in the most recent year.
                    ``(B) The producer certifies that the producer has 
                not received cash benefits under any provision of this 
                title other than this chapter.
                    ``(C) The producer's net farm income (as determined 
                by the Secretary) for the most recent year is less than 
                the producer's net farm income for the latest year in 
                which no adjustment assistance was received by the 
                producer under this chapter.
                    ``(D) The producer certifies that the producer has 
                met with an Extension Service employee or agent to 
                obtain, at no cost to the producer, information and 
                technical assistance that will assist the producer in 
                adjusting to import competition with respect to the 
                adversely affected agricultural commodity, including--
                            ``(i) information regarding the feasibility 
                        and desirability of substituting 1 or more 
                        alternative commodities for the adversely 
                        affected agricultural commodity; and
                            ``(ii) technical assistance that will 
                        improve the competitiveness of the production 
                        and marketing of the adversely affected 
                        agricultural commodity by the producer, 
                        including yield and marketing improvements.
            ``(2) Limitation.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this chapter, an agricultural commodity 
                producer shall not be eligible for assistance under 
                this chapter in any year in which the average adjusted 
                gross income of the producer exceeds $2,500,000.
                    ``(B) Certification.--To comply with the limitation 
                under subparagraph (A), an individual or entity shall 
                provide to the Secretary--
                            ``(i) a certification by a certified public 
                        accountant or another third party that is 
                        acceptable to the Secretary that the average 
                        adjusted gross income of the producer does not 
                        exceed $2,500,000; or
                            ``(ii) information and documentation 
                        regarding the adjusted gross income of the 
                        producer through other procedures established 
                        by the Secretary.
                    ``(C) Definitions.--In this subsection:
                            ``(i) Adjusted gross income.--The term 
                        `adjusted gross income' means adjusted gross 
                        income of an agricultural commodity producer--
                                    ``(I) as defined in section 62 of 
                                the Internal Revenue Code of 1986  and 
implemented in accordance with procedures established by the Secretary; 
and
                                    ``(II) that is earned directly or 
                                indirectly from all agricultural and 
                                nonagricultural sources of an 
                                individual or entity for a fiscal or 
                                corresponding crop year.
                            ``(ii) Average adjusted gross income.--
                                    ``(I) In general.--The term 
                                `average adjusted gross income' means 
                                the average adjusted gross income of a 
                                producer for each of the 3 preceding 
                                taxable years.
                                    ``(II) Effective adjusted gross 
                                income.--In the case of a producer that 
                                does not have an adjusted gross income 
                                for each of the 3 preceding taxable 
                                years, the Secretary shall establish 
                                rules that provide the producer with an 
                                effective adjusted gross income for the 
                                applicable year.
    ``(b) Amount of Cash Benefits.--
            ``(1) In general.--Subject to the provisions of section 
        298, an adversely affected agricultural commodity producer 
        described in subsection (a) shall be entitled to adjustment 
        assistance under this chapter in an amount equal to the product 
        of--
                    ``(A) one-half of the difference between--
                            ``(i) an amount equal to 80 percent of the 
                        average of the national average price of the 
                        agricultural commodity covered by the 
                        application described in subsection (a) for the 
                        5 marketing years preceding the most recent 
                        marketing year, and
                            ``(ii) the national average price of the 
                        agricultural commodity for the most recent 
                        marketing year, and
                    ``(B) the amount of the agricultural commodity 
                produced by the agricultural commodity producer in the 
                most recent marketing year.
            ``(2) Special rule for subsequent qualified years.--The 
        amount of cash benefits for a qualified year shall be 
        determined in the same manner as cash benefits are determined 
        under paragraph (1) except that the average national price of 
        the agricultural commodity shall be determined under paragraph 
        (1)(A)(i) by using the 5-marketing-year period used to 
        determine the amount of cash benefits for the first 
        certification.
    ``(c) Maximum Amount of Cash Assistance.--The maximum amount of 
cash benefits an agricultural commodity producer may receive in any 12-
month period shall not exceed $10,000.
    ``(d) Limitations on Other Assistance.--An agricultural commodity 
producer entitled to receive a cash benefit under this chapter--
            ``(1) shall not be eligible for any other cash benefit 
        under this title, and
            ``(2) shall be entitled to employment services and training 
        benefits under part III of subchapter C of chapter 2.

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

    ``(a) In General.--
            ``(1) Repayment.--If the Secretary, or a court of competent 
        jurisdiction, determines that any person has received any 
        payment under this chapter to which the person was not 
        entitled, such person shall be liable to repay such amount to 
        the Secretary, except that the Secretary may waive such 
        repayment if the Secretary determines, in accordance with 
        guidelines prescribed by the Secretary, that--
                    ``(A) the payment was made without fault on the 
                part of such person; and
                    ``(B) requiring such repayment would be contrary to 
                equity and good conscience.
            ``(2) Recovery of overpayment.--Unless an overpayment is 
        otherwise recovered, or waived under paragraph (1), the 
        Secretary shall recover the overpayment by deductions from any 
        sums payable to such person under this chapter.
    ``(b) False Statement.--A person shall, in addition to any other 
penalty provided by law, be ineligible for any further payments under 
this chapter--
            ``(1) if the Secretary, or a court of competent 
        jurisdiction, determines that the person--
                    ``(A) knowingly has made, or caused another to 
                make, a false statement or representation of a material 
                fact; or
                    ``(B) knowingly has failed, or caused another to 
                fail, to disclose a material fact; and
            ``(2) as a result of such false statement or 
        representation, or of such nondisclosure, such person has 
        received any payment under this chapter to which the person was 
        not entitled.
    ``(c) Notice and Determination.--Except for overpayments determined 
by a court of competent jurisdiction, no repayment may be required, and 
no deduction may be made, under this section until a determination 
under subsection (a)(1) by the Secretary has been made, notice of the 
determination and an opportunity for a fair hearing thereon has been 
given to the person concerned, and the determination has become final.
    ``(d) Payment to Treasury.--Any amount recovered under this section 
shall be returned to the Treasury of the United States.
    ``(e) Penalties.--Whoever makes a false statement of a material 
fact knowing it to be false, or knowingly fails to disclose a material 
fact, for the purpose of obtaining or increasing for himself or for any 
other person any payment authorized to be furnished under this chapter 
shall be fined not more than $10,000 or imprisoned for not more than 1 
year, or both.

``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Department of Agriculture not to exceed $90,000,000 for each of the 
fiscal years 2003 through 2007 to carry out the purposes of this 
chapter.
    ``(b) Proportionate Reduction.--If in any year, the amount 
appropriated under this chapter is insufficient to meet the 
requirements for adjustment assistance payable under this chapter, the 
amount of assistance payable under this chapter shall be reduced 
proportionately.''.
    (b) Effective Date.--The amendments made by this title shall take 
effect on the date that is 180 days after the date of enactment of this 
Act.

           TITLE V--TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN

SEC. 501. TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN.

    (a) In General.--Title II of the Trade Act of 1974 (19 U.S.C. 2251 
et seq.), as amended by title IV of this Act, is amended by adding at 
the end the following new chapter:

            ``CHAPTER 7--ADJUSTMENT ASSISTANCE FOR FISHERMEN

``SEC. 299. DEFINITIONS.

    ``In this chapter:
            ``(1) Commercial fishing, fish, fishery, fishing, fishing 
        vessel, person, and united states fish processor.--The terms 
        `commercial fishing', `fish', `fishery', `fishing', `fishing 
        vessel', `person', and `United States fish processor' have the 
        same meanings as such terms have in the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1802).
            ``(2) Producer.--The term `producer' means any person who--
                    ``(A) is engaged in commercial fishing; or
                    ``(B) is a United States fish processor.
            ``(3) Contributed importantly.--
                    ``(A) In general.--The term `contributed 
                importantly' means a cause which is important but not 
                necessarily more important than any other cause.
                    ``(B) Determination of contributed importantly.--
                The determination of whether imports of articles like 
                or directly competitive with a fish caught through 
                commercial fishing or processed by a United States fish 
                processor with respect to which a petition under this 
                chapter was filed contributed importantly to a decline 
                in the price of the fish shall be made by the 
                Secretary.
            ``(4) Duly authorized representative.--The term `duly 
        authorized representative' means an association of producers.
            ``(5) National average price.--The term `national average 
        price' means the national average price paid to a producer for 
        fish in a marketing year as determined by the Secretary.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Commerce.
            ``(7) Trade adjustment assistance center.--The term `Trade 
        Adjustment Assistance Center' shall have the same meaning as 
        such term has in section 253.

``SEC. 299A. PETITIONS; GROUP ELIGIBILITY.

    ``(a) In General.--A petition for a certification of eligibility to 
apply for adjustment assistance under this chapter may be filed with 
the Secretary by a group of producers or by their duly authorized 
representative. Upon receipt of the petition, the Secretary shall 
promptly publish notice in the Federal Register that the Secretary has 
received the petition and initiated an investigation.
    ``(b) Hearings.--If the petitioner, or any other person found by 
the Secretary to have a substantial interest in the proceedings, 
submits not later than 10 days after the date of the Secretary's 
publication under subsection (a) a request for a hearing, the Secretary 
shall provide for a public hearing and afford such interested person an 
opportunity to be present, to produce evidence, and to be heard.
    ``(c) Group Eligibility Requirements.--The Secretary shall certify 
a group of producers as eligible to  apply for adjustment assistance 
under this chapter if the Secretary determines--
            ``(1) that the national average price for the fish, or a 
        class of fish, produced by the group for the most recent 
        marketing year for which the national average price is 
        available is less than 80 percent of the average of the 
        national average price for such fish, or such class of fish, 
        for the 5 marketing years preceding the most recent marketing 
        year; and
            ``(2) that increases in imports of articles like or 
        directly competitive with the fish, or class of fish, produced 
        by the group contributed importantly to the decline in price 
        described in paragraph (1).
    ``(d) Special Rule for Qualified Subsequent Years.--A group of 
producers certified as eligible under section 299B shall be eligible to 
apply for assistance under this chapter in any qualified year after the 
year the group is first certified, if the Secretary determines that--
            ``(1) the national average price for the fish, or class of 
        fish, produced by the group for the most recent marketing year 
        for which the national average price is available is equal to 
        or less than the price determined under subsection (c)(1); and
            ``(2) the requirements of subsection (c)(2) are met.
    ``(e) Determination of Qualified Year and Commodity.--In this 
chapter:
            ``(1) Qualified year.--The term `qualified year', with 
        respect to a group of producers certified as eligible under 
        section 299B, means each consecutive year after the year in 
        which the group is certified that the Secretary makes the 
        determination under subsection (c) or (d), as the case may be.
            ``(2) Classes of goods within a commodity.--In any case in 
        which there are separate classes of fish, the Secretary shall 
        treat each class as a separate commodity in determining group 
        eligibility, the national average price, and level of imports 
        under this section and section 299E.

``SEC. 299B. DETERMINATIONS BY SECRETARY.

    ``(a) In General.--As soon as practicable after the date on which a 
petition is filed under section 299A, but in any event not later than 
40 days after that date, the Secretary shall determine whether the 
petitioning group meets the requirements of section 299A (c) or (d), as 
the case may be, and shall, if the group meets the requirements, issue 
a certification of eligibility to apply for assistance under this 
chapter covering producers in any group that meets the requirements. 
Each certification shall specify the date on which eligibility under 
this chapter begins.
    ``(b) Notice.--Upon making a determination on a petition, the 
Secretary shall promptly publish a summary of the determination in the 
Federal Register, together with the Secretary's reasons for making the 
determination.
    ``(c) Termination of Certification.--Whenever the Secretary 
determines, with respect to any certification of eligibility under this 
chapter, that the decline in price for the fish covered by the 
certification is no longer attributable to the conditions described in 
section 299A, the Secretary shall terminate such certification and 
promptly cause notice of such termination to be published in the 
Federal Register, together with the Secretary's reasons for making such 
determination.

``SEC. 299C. NOTIFICATION BY INTERNATIONAL TRADE COMMISSION.

    ``(a) Notification of Investigation.--Whenever the International 
Trade Commission (in this chapter referred to as the `Commission') 
begins an investigation under section 202 with respect to fish or a 
class of fish, the Commission shall immediately notify the Secretary of 
the investigation.
    ``(b) Notification of Affirmative Determination.--Whenever the 
Commission makes a report under section 202(f) containing an 
affirmative finding regarding serious injury, or the threat thereof, to 
a domestic industry producing fish or a class of fish, the Commission 
shall immediately notify the Secretary of that finding.

``SEC. 299D. BENEFIT INFORMATION TO PRODUCERS.

    ``(a) In General.--The Secretary shall provide full information to 
producers about the benefit allowances, training, and other employment 
services available under this title and about the petition and 
application procedures, and the appropriate filing dates, for such 
allowances, training, and services. The Secretary shall provide 
whatever assistance is necessary to enable groups to prepare petitions 
or applications for program benefits under this title.
    ``(b) Notice of Benefits.--
            ``(1) In general.--The Secretary shall mail written notice 
        of the benefits available under this chapter to each producer 
        that the Secretary has reason to believe is covered by a 
        certification made under this chapter.
            ``(2) Other notice.--The Secretary shall publish notice of 
        the benefits available under this chapter to producers that are 
        covered by each certification made under this chapter in 
        newspapers of general circulation in the areas in which such 
        producers reside.

``SEC. 299E. QUALIFYING REQUIREMENTS FOR PRODUCERS.

    ``(a) In General.--Payment of a trade adjustment allowance shall be 
made to an adversely affected producer covered by a certification under 
this chapter who files an application for such allowance within 90 days 
after the date on which the Secretary makes a determination and issues 
a certification of eligibility under section 299B, if the following 
conditions are met:
            ``(1) The producer submits to the Secretary sufficient 
        information to establish the amount of fish covered by the 
        application filed under subsection (a) that was produced by the 
        producer in the most recent year.
            ``(2) The producer certifies that the producer has not 
        received cash benefits under any provision of this title other 
        than this chapter.
            ``(3) The producer's net fishing or processing income (as 
        determined by the Secretary) for the most recent year is less 
        than the producer's net fishing or processing income for the 
        latest year in which no adjustment assistance was received by 
        the producer under this chapter.
            ``(4) The producer certifies that--
                    ``(A) the producer has met with an employee or 
                agent from a Trade Adjustment Assistance Center to 
                obtain, at no cost to the producer, information and 
                technical assistance that will assist the producer in 
                adjusting to import competition with respect to the 
                adversely affected fish, including--
                            ``(i) information regarding the feasibility 
                        and desirability of substituting 1 or more 
                        alternative fish for the adversely affected 
                        fish; and
                            ``(ii) technical assistance that will 
                        improve the competitiveness of the production 
                        and marketing of the adversely affected fish by 
                        the producer, including yield and marketing 
                        improvements; and
                    ``(B) none of the benefits will be used to 
                purchase, lease, or finance any new fishing vessel, add 
                capacity to any fishery, or otherwise add to the 
                overcapitalization of any fishery.
    ``(b) Amount of Cash Benefits.--
            ``(1) In general.--Subject to the provisions of section 
        299G, an adversely affected producer described in subsection 
        (a) shall be entitled to adjustment assistance under this 
        chapter in an amount equal to the product of--
                    ``(A) one-half of the difference between--
                            ``(i) an amount equal to 80 percent of the 
                        average of the national average price of the 
                        fish covered by the application described in 
                        subsection (a) for the 5 marketing years 
                        preceding the most recent marketing year; and
                            ``(ii) the national average price of the 
                        fish for the most recent marketing year; and
                    ``(B) the amount of the fish produced by the 
                producer in the most recent marketing year.
            ``(2) Special rule for subsequent qualified years.--The 
        amount of cash benefits for a qualified year shall be 
        determined in the same manner as cash benefits are determined 
        under paragraph (1) except that the average national price of 
        the fish shall be determined under paragraph (1)(A)(i) by using 
        the 5-marketing-year period used to determine the amount of 
        cash benefits for the first certification. A producer shall 
        only be eligible for benefits for subsequent qualified years if 
        the Secretary or his designee determines that sufficient 
        progress has been made implementing the plans developed under 
        section 299E(a)(4) of this title.
    ``(c) Maximum Amount of Cash Assistance.--The maximum amount of 
cash benefits a producer may receive in any 12-month period shall not 
exceed $10,000.
    ``(d) Limitations on Other Assistance.--A producer entitled to 
receive a cash benefit under this chapter--
            ``(1) shall not be eligible for any other cash benefit 
        under this title, and
            ``(2) shall be entitled to employment services and training 
        benefits under part III of subchapter C of chapter 2.

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

    ``(a) In General.--
            ``(1) Repayment.--If the Secretary, or a court of competent 
        jurisdiction, determines that any person has received any 
        payment under this chapter to which the person was not 
        entitled, such person shall be liable to repay such amount to 
        the Secretary, except that the Secretary may waive such 
        repayment if the Secretary determines, in accordance with 
        guidelines prescribed by the Secretary, that--
                    ``(A) the payment was made without fault on the 
                part of such person; and
                    ``(B) requiring such repayment would be contrary to 
                equity and good conscience.
            ``(2) Recovery of overpayment.--Unless an overpayment is 
        otherwise recovered, or waived under paragraph (1), the 
        Secretary shall recover the overpayment by deductions from any 
        sums payable to such person under this chapter.
    ``(b) False Statement.--A person shall, in addition to any other 
penalty provided by law, be ineligible for any further payments under 
this chapter--
            ``(1) if the Secretary, or a court of competent 
        jurisdiction, determines that the person--
                    ``(A) knowingly has made, or caused another to 
                make, a false statement or representation of a material 
                fact; or
                    ``(B) knowingly has failed, or caused another to 
                fail, to disclose a material fact; and
            ``(2) as a result of such false statement or 
        representation, or of such nondisclosure, such person has 
        received any payment under this chapter to which the person was 
        not entitled.
    ``(c) Notice and Determination.--Except for overpayments determined 
by a court of competent jurisdiction, no repayment may be required, and 
no deduction may be made, under this section until a determination 
under subsection (a)(1) by the Secretary has been made, notice of the 
determination and an opportunity for a fair hearing thereon has been 
given to the person concerned, and the determination has become final.
    ``(d) Payment to Treasury.--Any amount recovered under this section 
shall be returned to the Treasury of the United States.
    ``(e) Penalties.--Whoever makes a false statement of a material 
fact knowing it to be false, or knowingly fails to disclose a material 
fact, for the purpose of obtaining or increasing for himself or for any 
other person any payment authorized to be furnished under this chapter 
shall be fined not more than $10,000 or imprisoned for not more than 1 
year, or both.

``SEC. 299G. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Department of Commerce not to exceed $10,000,000 for each of the fiscal 
years 2003 through 2007 to carry out the purposes of this chapter.
    ``(b) Proportionate Reduction.--If in any year, the amount 
appropriated under this chapter is insufficient to meet the 
requirements for adjustment assistance payable under this chapter, the 
amount of assistance payable under this chapter shall be reduced 
proportionately.''.
    (b) Effective Date.--The amendments made by this title shall take 
effect on the date that is 180 days after the date of enactment of this 
Act.

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

SEC. 601. TRADE ADJUSTMENT ASSISTANCE HEALTH INSURANCE CREDIT.

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

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

    ``(a) In General.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by subtitle A an amount 
equal to 75 percent of the amount paid by the taxpayer during the 
taxable year for coverage for the taxpayer, the taxpayer's spouse, and 
dependents of the taxpayer under qualified health insurance during 
eligible coverage months.
    ``(b) Eligible Coverage Month.--For purposes of this section--
            ``(1) In general.--The term `eligible coverage month' means 
        any month if, as of the first day of such month--
                    ``(A) the taxpayer is an eligible individual,
                    ``(B) the taxpayer is covered by qualified health 
                insurance,
                    ``(C) the premium for coverage under such insurance 
                for such month is paid by the taxpayer, and
                    ``(D) the taxpayer does not have other specified 
                coverage.
            ``(2) Special rules.--
                    ``(A) Joint returns.--In the case of a joint 
                return, the requirements of paragraph (1) shall be 
                treated as met if at least 1 spouse satisfies such 
                requirements.
                    ``(B) Exclusion of months in which individual is 
                imprisoned.--Such term shall not include any month with 
                respect to an individual if, as of the first day of 
                such month, such individual is imprisoned under 
                Federal, State, or local authority.
            ``(3) Other specified coverage.--For purposes of this 
        subsection, an individual has other specified coverage for any 
        month if, as of the first day of such month--
                    ``(A) Subsidized coverage.--
                            ``(i) In general.--Such individual is 
                        covered under any qualified health insurance 
                        (other than insurance described in subparagraph 
                        (A), (B), or (F) of subsection (d)(1)) under 
                        which at least 50 percent of the cost of 
                        coverage (determined under section 4980B(f)(4)) 
                        is paid or incurred by an employer (or former 
                        employer) of the taxpayer or the taxpayer's 
                        spouse.
                            ``(ii) Treatment of cafeteria plans.--For 
                        purposes of clause (i), the cost of coverage 
                        shall be treated as paid or incurred by an 
                        employer to the extent the coverage is in lieu 
                        of a right to receive cash or other qualified 
                        benefits under a cafeteria plan (as defined in 
                        section 125(d)).
                    ``(B) Coverage under medicare, medicaid, or 
                schip.--Such individual--
                            ``(i) is entitled to benefits under part A 
                        of title XVIII of the Social Security Act or is 
                        enrolled under part B of such title, or
                            ``(ii) is enrolled in the program under 
                        title XIX or XXI of such Act (other than under 
                        section 1928).
                    ``(C) Certain other coverage.--Such individual--
                            ``(i) is enrolled in a health benefits plan 
                        under chapter 89 of title 5, United States 
                        Code,
                            ``(ii) is entitled to receive benefits 
                        under chapter 55 of title 10, United States 
                        Code, or
                            ``(iii) is entitled to receive benefits 
                        under chapter 17 of title 38, United States 
                        Code.
    ``(c) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means an individual who is participating in the 
trade adjustment allowance program under section 235 of the Trade Act 
of 1974, as amended by section 101 of the Trade Adjustment Assistance 
Improvement Act of 2002, or would be eligible to participate in such 
program if section 235 (as so amended) were applied without regard to 
subsection (a)(3)(B) thereof.
    ``(d) Qualified Health Insurance.--
            ``(1) In general.--For purposes of this section, subject to 
        paragraph (2), the term `qualified health insurance' means 
        health insurance coverage or coverage under a group health plan 
        through--
                    ``(A) COBRA continuation coverage,
                    ``(B) continuation coverage under a similar State 
                program,
                    ``(C) the enrollment of the eligible worker and the 
                eligible worker's spouse and dependents in health 
                insurance coverage offered through a qualified State 
                high risk pool or other comparable State-based health 
                insurance coverage alternative,
                    ``(D) the enrollment of the eligible worker and the 
                eligible worker's spouse and dependents in the health 
                insurance program offered for State employees,
                    ``(E) the enrollment of the eligible worker and the 
                eligible worker's spouse and dependents in a State-
                based health insurance program that is comparable to 
                the health insurance program offered for State 
                employees,
                    ``(F) a direct payment arrangement entered into by 
                the State and a group health plan (including a 
                multiemployer plan as defined in section 414(f)), an 
issuer of health insurance coverage, an administrator of health 
insurance coverage or a group health plan, or an employer, as 
appropriate, on behalf of the eligible worker and the eligible worker's 
spouse and dependents,
                    ``(G) the enrollment of the eligible worker and the 
                eligible worker's spouse and dependents in a State-
                operated health plan that does not receive any Federal 
                financial participation,
                    ``(H) the enrollment of the eligible worker and the 
                eligible worker's spouse and dependents in health 
                insurance coverage offered through a State arrangement 
                with a private sector health care coverage purchasing 
                pool,
                    ``(I) enrollment of the eligible worker and the 
                eligible worker's spouse and dependents in coverage 
                under a group health plan that is available through the 
                employment of the worker's spouse and is not described 
                in subsection (b)(3)(A)(i), or
                    (J) the enrollment of the eligible worker and the 
                eligible worker's spouse and dependents in a nationally 
                offered health plan--
                            ``(i) that is actuarially equivalent to the 
                        individual and self and family coverage offered 
                        under any service benefit plan described under 
                        section 8903(1) of title 5, United States Code, 
                        and offered in all States and the District of 
                        Columbia;
                            ``(ii) that is subject to the same terms 
                        and conditions as coverage made available under 
                        the program of health insurance coverage 
                        established under chapter 89 of title 5, United 
                        States Code; and
                            ``(iii) that is made available under a 
                        program established by the Secretary that--
                                    ``(I) to the greatest extent 
                                practicable, is administered in the 
                                same manner as the program of health 
                                insurance established under chapter 89 
                                of title 5, United States Code; and
                                    ``(II) requires that, with respect 
                                to any contract under chapter 89 of 
                                title 5, United States Code, with a 
                                carrier to offer a service benefit plan 
                                described in section 8903(1) of that 
                                title in all States and the District of 
                                Columbia, that takes effect with 
                                respect to calendar year 2003 and any 
                                subsequent calendar year in which 
                                temporary adjustment assistance is 
                                administered under chapter 2 of title 
                                II of the Trade Act of 1974 (as amended 
                                by the Trade Adjustment Assistance 
                                Improvement Act of 2002), such contract 
                                includes a provision that requires the 
                                carrier to offer a plan under the 
                                program established under this 
                                subparagraph.
            ``(2) Requirements.--Health insurance coverage or coverage 
        under a group health plan shall not be treated as being 
        described in any of subparagraphs (B) through (H) of paragraph 
        (1) unless, with respect to such coverage provided to eligible 
        workers and the eligible worker's spouse or dependents--
                    ``(A) enrollment is guaranteed for workers who 
                provide a qualified health insurance credit eligibility 
                certificate described in section 7527 and who pay the 
                remainder of the premium for such enrollment,
                    ``(B) no pre-existing condition limitations are 
                imposed with respect to such eligible workers,
                    ``(C) the worker is not required (as a condition of 
                enrollment or continued enrollment under the coverage) 
                to pay a premium or contribution that is greater than 
                the premium or contribution for an individual who is 
                not an eligible worker who has comparable coverage,
                    ``(D) benefits under the coverage are the same as 
                (or substantially similar to) the benefits provided to 
                individuals who are not eligible workers who have 
                comparable coverage,
                    ``(E) the standard loss ratio for the coverage is 
                not less than 65 percent,
                    ``(F) in the case of coverage provided under 
                paragraph (1)(E), the premiums and benefits are 
                comparable to the premiums and benefits applicable to 
                State employees, and
                    ``(G) such coverage otherwise meets requirements 
                established by the Secretary.
            ``(3) Definitions.--For purposes of this section:
                    ``(A) COBRA continuation coverage.--The term `COBRA 
                continuation coverage' means coverage under a group 
health plan provided by an employer pursuant to section 4980B.
                    ``(B) Group health plan.--The term `group health 
                plan' has the meaning given such term by section 
                5001(b)(1).
                    ``(C) Health insurance coverage.--Except to the 
                extent provided by the Secretary, the term `health 
                insurance coverage' has the meaning given such term by 
                section 9832(b)(1) (other than insurance if 
                substantially all of its coverage is of excepted 
                benefits described in section 9832(c) or provided under 
                a flexible spending arrangement, as determined under 
                section 106(c).
                    ``(D) Individual health insurance coverage.--The 
                term `individual health insurance coverage' means 
                health insurance coverage offered to individuals other 
                than in connection with a group health plan. Such term 
                does not include Federal- or State-based health 
                insurance coverage.
                    ``(E) Qualified state high risk pool.--The term 
                `qualified State high risk pool' has the meaning given 
                that term in section 2744(c)(2) of the Public Health 
                Service Act (42 U.S.C. 300gg-44(c)(2)).
                    ``(F) Standard loss ratio.--The term `standard loss 
                ratio', with respect to the pool of insured individuals 
                under coverage described in subparagraph (B) through 
                (H) of paragraph (1) for a year, means--
                            ``(i) the amount of claims incurred with 
                        respect to the pool of insured individuals in 
                        each such type of coverage for such year; 
                        divided by
                            ``(ii) the premiums paid for enrollment in 
                        each such coverage for such year.
    ``(e) Coordination With Advance Payments of Credit.--
            ``(1) Recapture of excess advance payments.--If any payment 
        is made by the Secretary under section 7527 during any calendar 
        year to a provider of qualified health insurance for an 
        individual, then the tax imposed by this chapter for the 
        individual's last taxable year beginning in such calendar year 
        shall be increased by the aggregate amount of such payments.
            ``(2) Reconciliation of payments advanced and credit 
        allowed.--Any increase in tax under paragraph (1) shall not be 
        treated as tax imposed by this chapter for purposes of 
        determining the amount of any credit (other than the credit 
        allowed by subsection (a)) allowable under part IV of 
        subchapter A of chapter 1.
    ``(f) Special Rules.--
            ``(1) Coordination with other deductions.--Amounts taken 
        into account under subsection (a) shall not be taken into 
        account in determining any deduction allowed under section 
        162(l) or 213.
            ``(2) MSA distributions.--Amounts distributed from an 
        Archer MSA (as defined in section 220(d)) shall not be taken 
        into account under subsection (a).
            ``(3) Denial of credit to dependents.--No credit shall be 
        allowed under this section to any individual with respect to 
        whom a deduction under section 151 is allowable to another 
        taxpayer for a taxable year beginning in the calendar year in 
        which such individual's taxable year begins.
            ``(4) Credit treated as refundable credit.--For purposes of 
        this title, the credit allowed under this section shall be 
        treated as a credit allowable under subpart C of part IV of 
        subchapter A of chapter 1.
            ``(5) Expenses must be substantiated.--A payment for 
        qualified health insurance to which subsection (a) applies may 
        be taken into account under this section only if the taxpayer 
        substantiates such payment in such form as the Secretary may 
        prescribe.''.
    (b) Information Reporting.--
            (1) In general.--Subpart B of part III of subchapter A of 
        chapter 61 of the Internal Revenue Code of 1986 (relating to 
        information concerning transactions with other persons) is 
        amended by inserting after section 6050S the following new 
        section:

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 603. HEALTH INSURANCE COVERAGE FOR ELIGIBLE INDIVIDUALS.

    (a) Authority To Award Grants.--Part A of title XI of the Social 
Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after 
section 1134 the following:

 ``grants to provide health insurance coverage assistance for eligible 
                                workers

    ``Sec. 1135. (a) Authority To Award Grants.--The Secretary is 
authorized to award grants--
            ``(1) to States to provide the assistance described in 
        subsection (b) to any eligible worker (as defined in subsection 
        (b)(4)(B)); and
            ``(2) to a State to provide the assistance described in 
        subsection (c) to any eligible worker (as defined in subsection 
        (c)(5)).
    ``(b) Health Insurance Coverage Assistance for Eligible Workers.--
            ``(1) In general.--Funds made available to a State under 
        paragraph (1) of subsection (a) may be used by the State for 
        the following:
                    ``(A) Health insurance coverage.--To assist an 
                eligible worker (as defined in paragraph (4)(B)) in 
                enrolling in health insurance coverage or coverage 
                under a group health plan through--
                            ``(i) COBRA continuation coverage;
                            ``(ii) continuation coverage under a 
                        similar State program;
                            ``(iii) the enrollment of the eligible 
                        worker and the eligible worker's spouse and 
                        dependents in health insurance coverage offered 
                        through a qualified State high risk pool or 
                        other comparable State-based health insurance 
                        coverage alternative;
                            ``(iv) the enrollment of the eligible 
                        worker and the eligible worker's spouse and 
                        dependents in the health insurance program 
                        offered for State employees;
                            ``(v) the enrollment of the eligible worker 
                        and the eligible worker's spouse and dependents 
                        in a State-based health insurance program that 
                        is comparable to the health insurance program 
                        offered for State employees;
                            ``(vi) a direct payment arrangement entered 
                        into by the State and a group health plan 
                        (including a multi-employer plan as defined in 
                        section 3(37) of the Employee Retirement Income 
                        Security Act of 1974 (29 U.S.C. 1002(37))), an 
                        issuer of health insurance coverage, an 
                        administrator of health insurance coverage or a 
                        group health plan, or an employer, as 
                        appropriate, on behalf of the eligible worker 
                        and the eligible worker's spouse and 
                        dependents;
                            ``(vii) the enrollment of the eligible 
                        worker and the eligible worker's spouse and 
                        dependents in a State-operated health plan that 
                        does not receive any Federal financial 
                        participation;
                            ``(viii) the enrollment of the eligible 
                        worker and the eligible worker's spouse and 
                        dependents in health insurance coverage offered 
                        through a State arrangement with a private 
                        sector health care coverage purchasing pool;
                            ``(ix) enrollment of the eligible worker 
                        and the eligible worker's spouse and dependents 
                        in coverage under a group health plan that is 
                        available through the employment of the 
                        worker's spouse and is not described in 
                        paragraph (4)(C)(i)(I); or
                            ``(x) the enrollment of the eligible worker 
                        and the eligible worker's spouse and dependents 
                        in a nationally offered health plan--
                                    ``(I) that is actuarially 
                                equivalent to the individual and self 
                                and family coverage offered under any 
                                service benefit plan described under 
                                section 8903(1) of title 5, United 
                                States Code, and offered in all States 
                                and the District of Columbia;
                                    ``(II) that is subject to the same 
                                terms and conditions as coverage made 
                                available under the program of health 
                                insurance coverage established under 
                                chapter 89 of title 5, United States 
                                Code; and
                                    ``(III) that is made available 
                                under a program established by the 
                                Secretary that--
                                            ``(aa) to the greatest 
                                        extent practicable, is 
                                        administered in the same manner 
                                        as the program of health 
                                        insurance established under 
                                        chapter 89 of title 5, United 
                                        States Code; and
                                            ``(bb) requires that, with 
                                        respect to any contract under 
                                        chapter 89 of title 5, United 
                                        States Code, with a carrier to 
                                        offer a service benefit plan 
                                        described in section 8903(1) of 
                                        that title in all States and 
                                        the District of Columbia, that 
                                        takes effect with respect to 
                                        calendar year 2003 and any 
                                        subsequent calendar year in 
                                        which temporary adjustment 
                                        assistance is administered 
                                        under chapter 2 of title II of 
                                        the Trade Act of 1974 (as 
                                        amended by the Trade Adjustment 
                                        Assistance Improvement Act of 
                                        2002), such contract includes a 
                                        provision that requires the 
                                        carrier to offer a plan under 
                                        the program established under 
                                        this clause.
                    ``(B) Establishment of health insurance coverage 
                mechanisms.--To establish or administer--
                            ``(i) a qualified State high risk pool for 
                        the purpose of providing health insurance 
                        coverage to an eligible worker and the eligible 
                        worker's spouse and dependents;
                            ``(ii) a State-based program for the 
                        purpose of providing health insurance coverage 
                        to an eligible worker and the eligible  
worker's spouse and dependents that is comparable to the State health 
insurance program for State employees; or
                            ``(iii) a program under which the State 
                        enters into arrangements described in 
                        subparagraph (A)(vi).
                    ``(C) Administrative expenses.--To pay the 
                administrative expenses related to the enrollment of 
                eligible workers and the eligible workers spouses and 
                dependents in health insurance coverage or coverage 
                under a group health plan described in subparagraph 
                (A), including--
                            ``(i) eligibility verification activities;
                            ``(ii) the notification of eligible workers 
                        of available health insurance coverage options;
                            ``(iii) processing qualified health 
                        insurance credit eligibility certificates 
                        provided for under section 7527 of the Internal 
                        Revenue Code of 1986;
                            ``(iv) providing assistance to eligible 
                        workers in enrolling in health insurance 
                        coverage;
                            ``(v) the development or installation of 
                        necessary data management systems; and
                            ``(vi) any other expenses determined 
                        appropriate by the Secretary.
            ``(2) Requirements.--With respect to health insurance 
        coverage or coverage under a group health plan provided to 
        eligible workers under any of clauses (ii) through (viii) of 
        paragraph (1)(A), the State shall ensure that--
                    ``(A) enrollment is guaranteed for workers who 
                provide a qualified health insurance credit eligibility 
                certificate described in section 7527 of the Internal 
                Revenue Code of 1986 and who pay the remainder of the 
                premium for such enrollment;
                    ``(B) no pre-existing condition limitations are 
                imposed with respect to such eligible workers;
                    ``(C) the worker is not required (as a condition of 
                enrollment or continued enrollment under the coverage) 
                to pay a premium or contribution that is greater than 
                the premium or contribution for a individual who is not 
                an eligible worker who has comparable coverage;
                    ``(D) benefits under the coverage are the same as 
                (or substantially similar to) the benefits provided to 
                individuals who are not eligible workers who have 
                comparable coverage;
                    ``(E) the standard loss ratio for the coverage is 
                not less than 65 percent;
                    ``(F) in the case of coverage provided under 
                paragraph (1)(A)(v), the premiums and benefits are 
                comparable to the premiums and benefits applicable to 
                State employees; and
                    ``(G) such coverage otherwise meets requirements 
                established by the Secretary.
            ``(3) Applications; availability of funds.--
                    ``(A) Applications.--A State desiring a grant under 
                subsection (a)(1) shall submit an application to the 
                Secretary at such time, in such manner, and containing 
                such information as the Secretary may require.
                    ``(B) Expedited procedures.--With respect to 
                applications submitted by States for grants under 
                subsection (a)(1), the Secretary shall--
                            ``(i) not later than 15 days after the date 
                        on which the Secretary receives a completed 
                        application from a State, notify the State of 
                        the determination of the Secretary with respect 
                        to the approval or disapproval of such 
                        application;
                            ``(ii) in the case of a State application 
                        that is disapproved by the Secretary, provide 
                        technical assistance, at the request of the 
                        State, in a timely manner to enable the State 
                        to submit an approved application; and
                            ``(iii) develop procedures to expedite the 
                        provision of funds to States with approved 
                        applications.
                    ``(C) Availability and distribution of funds.--The 
                Secretary shall ensure that funds made available under 
                subsection (d)(1) to make grants under subsection 
                (a)(1) are available to States throughout the period 
                described in subsection (d)(2)(A).
            ``(4) Definitions.--For purposes of this subsection:
                    ``(A) COBRA continuation coverage.--The term `COBRA 
                continuation coverage' means coverage under a group 
                health plan provided by an employer pursuant to title 
                XXII of the Public Health Service Act, section 4980B of 
                the Internal Revenue Code of 1986, part 6 of subtitle B 
                of title I of the Employee Retirement Income Security 
                Act of 1974, or section 8905a of title 5, United States 
                Code.
                    ``(B) Eligible worker.--The term `eligible worker' 
                means an individual who--
                            ``(i) is participating in the trade 
                        adjustment allowance program under section 235 
                        of the Trade Act of 1974, as amended by section 
                        101 of the Trade Adjustment Assistance 
                        Improvement Act of 2002, or would be eligible 
                        to participate in such program if section 235 
                        (as so amended) were applied without regard to 
                        subsection (a)(3)(B) thereof;
                            ``(ii) does not have other specified 
                        coverage; and
                            ``(iii) is not imprisoned under Federal, 
                        State, or local authority.
                    ``(C) Other specified coverage.--With respect to 
                any individual, the term `other specified coverage' 
                means--
                            ``(i) Subsidized coverage.--
                                    ``(I) In general.--Such individual 
                                is covered under any qualified health 
                                insurance (other than insurance 
                                described in clause (i), (ii), or (vi) 
                                of paragraph (1)(A)) under which at 
                                least 50 percent of the cost of 
                                coverage (determined under section 
                                4980B(f)(4) of the Internal Revenue 
                                Code of 1986) is paid or incurred by an 
                                employer (or former employer) of the 
                                individual or the individual's spouse.
                                    ``(II) Treatment of cafeteria 
                                plans.--For purposes of subclause (I), 
                                the cost of coverage shall be treated 
                                as paid or incurred by an employer to 
                                the extent the coverage is in lieu of a 
                                right to receive cash or other 
                                qualified benefits under a cafeteria 
                                plan (as defined in section 125(d) of 
                                such Code).
                            ``(ii) Coverage under medicare, medicaid, 
                        or schip.--Such individual--
                                    ``(I) is entitled to benefits under 
                                part A of title XVIII or is enrolled 
                                under part B of such title; or
                                    ``(II) is enrolled in the program 
                                under title XIX or XXI (other than 
                                under section 1928).
                            ``(iii) Certain other coverage.--Such 
                        individual--
                                    ``(I) is enrolled in a health 
                                benefits plan under chapter 89 of title 
                                5, United States Code;
                                    ``(II) is entitled to receive 
                                benefits under chapter 55 of title 10, 
                                United States Code; or
                                    ``(III) is entitled to receive 
                                benefits under chapter 17 of title 38, 
                                United States Code.
                    ``(D) Group health plan.--The term `group health 
                plan' has the meaning given that term in section 
                2791(a) of the Public Health Service Act (42 U.S.C. 
                300gg-91(a)), section 607(1) of the Employee Retirement 
                Income Security Act of 1974 (29 U.S.C. 1167(1)), and 
                section 5001(b)(1) of the Internal Revenue Code of 
                1986.
                    ``(E) Health insurance coverage.--Except to the 
                extent provided by the Secretary, the term `health 
                insurance coverage' has the meaning given that term in 
                section 2791(b)(1) of the Public Health Service Act (42 
                U.S.C. 300gg-91(b)(1)) (other than insurance if 
                substantially all of its coverage is of excepted 
                benefits described in section 2791(c) of such Act (42 
                U.S.C. 300gg-91(c)) or provided under a flexible 
                spending arrangement, as determined under section 
                106(c) of the Internal Revenue Code of 1986.
                    ``(F) Individual health insurance coverage.--The 
                term `individual health insurance coverage' means 
                health insurance coverage offered to individuals other 
                than in connection with a group health plan. Such term 
                does not include Federal- or State-based health 
                insurance coverage.
                    ``(G) Qualified state high risk pool.--The term 
                `qualified State high risk pool' has the meaning given 
                that term in section 2744(c)(2) of the Public Health 
                Service Act (42 U.S.C. 300gg-44(c)(2)).
                    ``(H) Standard loss ratio.--The term `standard loss 
                ratio', with respect to the pool of insured individuals 
                under coverage described in clauses (ii) through (viii) 
                of subparagraph (A) for a year, means--
                            ``(i) the amount of claims incurred with 
                        respect to the pool of insured individuals in 
                        each such type of coverage for such year; 
                        divided by
                            ``(ii) the premiums paid for enrollment in 
                        each such coverage for such year.
    ``(c) Interim Health Insurance Coverage and Other Assistance.--
            ``(1) In general.--Funds made available to a State under 
        paragraph (2) of subsection (a) may be used by the State to 
        provide assistance and support services to eligible workers, 
        including health care coverage, transportation, child care, 
        dependent care, and income assistance.
            ``(2) Income support.--With respect to any income 
        assistance provided to an eligible worker with such funds, such 
        assistance shall supplement and not supplant other income 
        support or assistance provided under chapter 2 of title II of 
        the Trade Act of 1974 (19 U.S.C. 2271 et seq.) (as in effect on 
        the day before the effective date of the Trade Adjustment 
        Assistance Improvement Act of 2002) or the unemployment 
        compensation laws of the State where the eligible worker 
        resides.
            ``(3) Health insurance coverage.--With respect to any 
        assistance provided to an eligible worker with such funds in 
        enrolling in health insurance coverage or coverage under a 
        group health plan, the following rules shall apply:
                    ``(A) The State may provide assistance in obtaining 
                such coverage to the eligible worker and to the 
                eligible worker's spouse and dependents.
                    ``(B) Such assistance shall supplement and may not 
                supplant any other State or local funds used to provide 
                health care coverage and may not be included in 
                determining the amount of non-Federal contributions 
                required under any program.
            ``(4) Applications; availability of funds.--
                    ``(A) Applications.--A State desiring a grant under 
                subsection (a)(2) shall submit an application to the 
                Secretary at such time, in  such manner, and containing 
such information as the Secretary may require.
                    ``(B) Expedited procedures.--With respect to 
                applications submitted by States for grants under 
                subsection (a)(2), the Secretary shall--
                            ``(i) not later than 15 days after the date 
                        on which the Secretary receives a completed 
                        application from a State, notify the State of 
                        the determination of the Secretary with respect 
                        to the approval or disapproval of such 
                        application;
                            ``(ii) in the case of a State application 
                        that is disapproved by the Secretary, provide 
                        technical assistance, at the request of the 
                        State, in a timely manner to enable the State 
                        to submit an approved application; and
                            ``(iii) develop procedures to expedite the 
                        provision of funds to States with approved 
                        applications.
                    ``(C) Availability and distribution of funds.--The 
                Secretary shall ensure that funds made available under 
                subsection (d)(2) to make grants under subsection 
                (a)(2) are available to States throughout the period 
                described in subsection (d)(2)(B).
            ``(5) Definition of eligible worker.--In this subsection, 
        the term `eligible worker' means an individual who is a member 
        of a group of workers certified after April 1, 2002, under 
        chapter 2 of title II of the Trade Act of 1974 (as in effect on 
        the day before the effective date of the Trade Adjustment 
        Assistance Improvement Act of 2002) and is participating in the 
        trade adjustment allowance program under such chapter (as so in 
        effect) or who would be determined to be participating in such 
        program under such chapter (as so in effect) if such chapter 
        were applied without regard to section 231(a)(3)(B) of the 
        Trade Act of 1974 (as so in effect).
    ``(d) Appropriations.--
            ``(1) In general.--Out of any money in the Treasury of the 
        United States not otherwise appropriated, there are 
        appropriated--
                    ``(A) to make grants under subsection (a)(1)--
                            ``(i) $10,000,000 for fiscal year 2002; and
                            ``(ii) $60,000,000 for each of fiscal years 
                        2003 through 2007; and
                    ``(B) to make grants under subsection (a)(2)--
                            ``(i) $50,000,000 for fiscal year 2002;
                            ``(ii) $100,000,000 for fiscal year 2003; 
                        and
                            ``(iii) $50,000,000 for fiscal year 2004.
            ``(2) Availability of funds.--Funds appropriated under--
                    ``(A) paragraph (1)(A) for each fiscal year shall 
                remain available for obligation during the pendency of 
                any outstanding claim under the Trade Act of 1974, as 
                amended by the Trade Adjustment Assistance Improvement 
                Act of 2002; and
                    ``(B) paragraph (1)(B), for each fiscal year shall 
                remain available during the period that begins on the 
                date of enactment of the Trade Adjustment Assistance 
                Improvement Act of 2002 and ends on September 30, 
                2004.''.
    (b) Temporary Extension of COBRA Election Period for Certain 
Individuals.--
            (1) In general.--Notwithstanding any other provision of 
        law, the election period for COBRA continuation coverage (as 
        defined in section 6429(d)(3)(A) of the Internal Revenue Code 
        of 1986) with respect to any eligible individual (as defined in 
        section 6429(c) of such Code) for whom such period has expired 
        as of the date of the enactment of this Act, shall not end 
        before the date that is 60 days after the date the individual 
        becomes such an eligible individual.
            (2) Preexisting conditions.--If an individual becomes such 
        an eligible individual, any period before the date of such 
        eligibility shall be disregarded for purposes of determining 
        the 63-day periods referred to in section 701(c)(2) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1181(c)(2)), section 2701(c)(2) of the Public Health Service 
        Act (42 U.S.C. 300gg(c)(2)), and section 9801(c)(2) of the 
        Internal Revenue Code of 1986.

          TITLE VII--CONFORMING AMENDMENTS AND EFFECTIVE DATE

SEC. 701. CONFORMING AMENDMENTS.

    (a) Amendments to the Trade Act of 1974.--
            (1) Assistance to industries.--Section 265 of the Trade Act 
        of 1974 (19 U.S.C. 2355) is amended by striking ``certified as 
        eligible to apply for adjustment assistance under sections 231 
        or 251'', and inserting ``certified as eligible for trade 
        adjustment assistance benefits under section 231, or as 
        eligible to apply for adjustment assistance under section 
        251''.
            (2) General accounting office report.--Section 280 of the 
        Trade Act of 1974 (19 U.S.C. 2391) is amended to read as 
        follows:

``SEC. 280. GENERAL ACCOUNTING OFFICE REPORT.

    ``(a) Study and Report.--The Comptroller General of the United 
States shall conduct a study of the adjustment assistance programs 
established under chapters 2, 3, 4, 6, and 7 of this title and shall 
report the results of such study to the Congress no later than January 
31, 2005. Such report shall include an evaluation of--
            ``(1) the effectiveness of such programs in aiding workers, 
        farmers, fishermen, firms, and communities to adjust to changed 
        economic conditions resulting from changes in the patterns of 
        international trade; and
            ``(2) the coordination of the administration of such 
        programs and other Government programs which provide 
        unemployment compensation and relief to depressed areas.
        ``(b) Assistance of Other Departments and Agencies.--In 
carrying out his responsibilities under this section, the Comptroller 
General shall, to the extent practical, avail himself of the assistance 
of the Departments of Labor, Commerce, and Agriculture and the Small 
Business Administration. The Secretaries of Labor, Commerce, and 
Agriculture and the Administrator of the Small Business Administration 
shall make available to the Comptroller General any assistance 
necessary for an effective evaluation of the adjustment assistance 
programs established under this title.''.
            (3) Coordination.--Section 281 of the Trade Act of 1974 (19 
        U.S.C. 2392) is amended by striking ``Departments of Labor and 
        Commerce'' and inserting ``Departments of Labor, Commerce, and 
        Agriculture''.
            (4) Trade monitoring system.--Section 282 of the Trade Act 
        of 1974 (19 U.S.C. 2393) is amended by striking ``The Secretary 
        of Commerce and the Secretary of Labor'' and inserting ``The 
        Secretaries of Commerce, Labor, and Agriculture''.
            (5) Judicial review.--
                    (A) Section 284(a) of the Trade Act of 1974 (19 
                U.S.C. 2395(a)) is amended by striking ``under section 
                223 or section 250(c)'' and all that follows through 
                ``the Secretary of Commerce under section 271'' and 
                inserting ``under section 231, a firm or its 
                representative, or any other interested domestic party 
                aggrieved by a final determination of the Secretary of 
                Commerce under section 251, an agricultural commodity 
                producer (as defined in section 291(2)) aggrieved by a 
                determination of the Secretary of Agriculture under 
                section 293, or a producer (as defined in section 
                299(2)) aggrieved by a determination of the Secretary 
                of Commerce under section 299B''.
                    (B) Section 284 of such Trade Act of 1974 is 
                amended in the second sentence of subsection (a) and in 
                subsections (b) and (c), by inserting ``or the 
                Secretary of Agriculture'' after ``Secretary of 
                Commerce'' each place it appears.
            (6) Termination.--Section 285 of the Trade Act of 1974 is 
        amended to read as follows:

``SEC. 285. TERMINATION.

    ``(a) Assistance for Workers.--
            ``(1) In general.--Except as provided in paragraph (2), 
        trade adjustment assistance, vouchers, allowances, and other 
        payments or benefits may not be provided under chapter 2 after 
        September 30, 2007.
            ``(2) Exception.--Notwithstanding paragraph (1), a worker 
        shall continue to receive trade adjustment assistance benefits 
        and other benefits under chapter 2 for any week for which the 
        worker meets the eligibility requirements of that chapter, if 
        on or before September 30, 2007, the worker is--
                    ``(A) certified as eligible for trade adjustment 
                assistance benefits under section 231; and
                    ``(B) otherwise eligible to receive trade 
                adjustment assistance benefits under chapter 2.
    ``(b) Other Assistance.--
            ``(1) Assistance for firms.--Technical assistance may not 
        be provided under chapter 3 after September 30, 2007.
            ``(2) Assistance for communities.--Technical assistance and 
        other payments may not be provided under chapter 4 after 
        September 30, 2007.
            ``(3) Assistance for farmers and fishermen.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), adjustment assistance, vouchers, 
                allowances, and other payments or benefits may not be 
                provided under chapter 6 or 7 after September 30, 2007.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                an agricultural commodity producer (as defined in 
                section 291(2)) or producer (as defined in section 
                299(2)), shall continue to receive adjustment 
                assistance benefits and other benefits under chapter 6 
                or 7, whichever applies, for any week for which the 
                agricultural commodity producer or producer meets the 
                eligibility requirements of chapter 6 or 7, whichever 
                applies, if on or before September 30, 2007, the 
                agricultural commodity producer or producer is--
                            ``(i) certified as eligible for adjustment 
                        assistance benefits under chapter 6 or 7, 
                        whichever applies; and
                            ``(ii) is otherwise eligible to receive 
                        adjustment assistance benefits under such 
                        chapter 6 or 7.''.
            (7) 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 
                            Trade Commission begins investigation.
        ``Sec. 226. Report by Secretary of Labor on likely impact of 
                     ``subchapter b--certifications
        ``Sec. 231. Certification as adversely affected workers.
        ``Sec. 232. ``subchapter c--program benefits
                      ``Part I--General Provisions

        ``Sec. 234. Comprehensive assistance.
                 ``Part II--Trade Adjustment Allowances

        ``Sec. 235. Qualifying requirements for workers.
        ``Sec. 236. Weekly amounts.
        ``Sec. 237. Limitations on trade adjustment allowances.
        ``Sec. 238. Application of State laws.
    ``Part III--Employment Services, Training, and Other Allowances

        ``Sec. 239. Employment services.
        ``Sec. 240. Training.
        ``Sec. 241. Job search allowances.
        ``Sec. 242. Relocation allowances.
        ``S``subchapter d--payment and enforcement provisions
        ``Sec. 244. Payments to States.
        ``Sec. 245. Liabilities of certifying and disbursing officers.
        ``Sec. 246. Fraud and recovery of overpayments.
        ``Sec. 247. Criminal penalties.
        ``Sec. 248. Authorization of appropriations.
        ``Sec. 249. Regulations.
        ``Sec. 250. Subpoena power.
           ``Chapter 3--Trade Adjustment Assistance for Firms

        ``Sec. 251. Petitions and determinations.
        ``Sec. 252. Approval of adjustment proposals.
        ``Sec. 253. Technical assistance.
        ``Sec. 254. Financial assistance.
        ``Sec. 255. Conditions for financial assistance.
        ``Sec. 256. Delegation of functions to Small Business 
                            Administration; authorization of 
                            appropriations.
        ``Sec. 257. Administration of financial assistance.
        ``Sec. 258. Protective provisions.
        ``Sec. 259. Penalties.
        ``Sec. 260. Suits.
        ``Sec. 261. Definition of firm.
        ``Sec. 262. Regulations.
        ``Sec. 264. Study by Secretary of Commerce when International 
                            Trade Commission begins investigation; 
                            action where there is affirmative finding.
        ``Sec. 265. Assistance to industries.
               ``Chapter 4--Community Economic Adjustment

        ``Sec. 271. Definitions.
        ``Sec. 272. Office of Community Trade Adjustment.
        ``Sec. 273. Notification and certification as an eligible 
                            community.
        ``Sec. 274. Community Economic Development Coordinating 
                            Committee.
        ``Sec. 275. Community economic adjustment advisors.
        ``Sec. 276. Strategic plans.
        ``Sec. 277. Grants for economic development.
        ``Sec. 278. Authorization of appropriations.
        ``Sec. 279. General provisions.''.
                    (B) Chapters 6 and 7.--The table of contents for 
                title II of the Trade Act of 1974, as amended by 
                subparagraph (A), is amended by inserting after the 
                items relating to chapter 5 the following:

             ``Chapter 6--Adjustment Assistance for Farmers

``Sec. 291. Definitions.
``Sec. 292. Petitions; group eligibility.
``Sec. 293. Determinations by Secretary of Agriculture.
``Sec. 294. Study by Secretary of Agriculture when International Trade 
                            Commission begins investigation.
``Sec. 295. Benefit information to agricultural commodity producers.
``Sec. 296. Qualifying requirements for agricultural commodity 
                            producers.
``Sec. 297. Fraud and recovery of overpayments.
``Sec. 298. Authorization of appropriations.
            ``Chapter 7--Adjustment Assistance for Fishermen

``Sec. 299. Definitions.
``Sec. 299A. Petitions; group eligibility.
``Sec. 299B. Determinations by Secretary.
``Sec. 299C. Study by Secretary when International Trade Commission 
                            begins investigation.
``Sec. 299D. Benefit information to producers.
``Sec. 299E. Qualifying requirements for producers.
``Sec. 299F. Fraud and recovery of overpayments.
``Sec. 299G. Authorization of appropriations.''.
    (b) Internal Revenue Code.--
            (1) Adjusted gross income.--Section 62(a)(12) of the 
        Internal Revenue Code of 1986 (relating to the definition of 
        adjusted gross income) is amended by striking ``trade 
        readjustment allowances under section 231 or 232'' and 
        inserting ``trade adjustment allowances under section 235 or 
        236''.
            (2) Federal unemployment.--
                    (A) In general.--Section 3304(a)(8) of the Internal 
                Revenue Code of 1986 (relating to the approval of State 
                unemployment insurance laws) is amended to read as 
                follows:
            ``(8) compensation shall not be denied to an individual for 
        any week because the individual is in training with the 
        approval of the State agency, or in training approved by the 
        Secretary of Labor pursuant to chapter 2 of title II of the 
        Trade Act of 1974 (or because of the application, to any such 
        week in training, of State law provisions relating to 
        availability for work, active search for work, or refusal to 
        accept work);''.
                    (B) Effective date.--
                            (i) In general.--Except as provided in 
                        clause (ii), the amendments made by this 
                        paragraph shall apply in the case of 
                        compensation paid for weeks beginning on or 
                        after the date that is 90 days after the date 
                        of enactment of this Act.
                            (ii) Meeting of state legislature.--
                                    (I) In general.--If the Secretary 
                                of Labor identifies a State as 
                                requiring a change to its statutes or 
                                regulations in order to comply with the 
                                amendments made by subparagraph (A), 
                                the amendments made by subparagraph (A) 
                                shall apply in the case of compensation 
                                paid for weeks beginning after the 
                                earlier of--
                                            (aa) the date the State 
                                        changes its statutes or 
                                        regulations in order to comply 
                                        with the amendments made by 
                                        this section; or
                                            (bb) the end of the first 
                                        session of the State 
                                        legislature which begins after 
                                        the date of enactment of this 
                                        Act or which began prior to 
                                        such date and remained in 
                                        session for at least 25 
                                        calendar days after such date;
                                except that in no case shall the 
                                amendments made by this Act apply 
                                before the date described in clause 
                                (i).
                                    (II) Session defined.--In this 
                                clause, the term ``session'' means a 
                                regular, special, budget, or other 
                                session of a State legislature.
    (c) Amendments to Title 28.--
            (1) Civil actions against the united states.--Section 
        1581(d) of title 28, United States Code, is amended--
                    (A) in paragraph (1), by striking ``section 223'' 
                and inserting ``section 231'';
                    (B) in paragraph (2), by striking ``and''; and
                    (C) by striking paragraph (3), and inserting the 
                following:
            ``(3) any final determination of the Secretary of 
        Agriculture under section 293 of the Trade Act of 1974 with 
        respect to the eligibility of an agricultural commodity 
        producer (as defined in section 291(2)) for adjustment 
        assistance under such Act; and
            ``(4) any final determination of the Secretary of Commerce 
        under section 299B of the Trade Act of 1974 with respect to the 
        eligibility of a producer (as defined in section 299(2)) for 
adjustment assistance under such Act.''.
            (2) Persons entitled to commence a civil action.--Section 
        2631(d) of title 28, United States Code, is amended--
                    (A) by amending paragraph (1) to read as follows:
    ``(d)(1) A civil action to review any final determination of the 
Secretary of Labor under section 231 of the Trade Act of 1974 with 
respect to the certification of workers as adversely affected and 
eligible for trade adjustment assistance under that Act may be 
commenced by a worker, a group of workers, a certified or recognized 
union, or an authorized representative of such worker or group, that 
petitions for certification under that Act or is aggrieved by the final 
determination.'';
                    (B) by striking paragraph (3), and inserting the 
                following:
    ``(3) A civil action to review any final determination of the 
Secretary of Agriculture under section 293 of the Trade Act of 1974 
with respect to the eligibility of an agricultural commodity producer 
for adjustment assistance may be commenced in the Court of 
International Trade by an agricultural commodity producer that applies 
for assistance under such Act and is aggrieved by such final 
determination, or by any other interested party that is aggrieved by 
such final determination.''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(4) A civil action to review any final determination of the 
Secretary of Commerce under section 299B of the Trade Act of 1974 with 
respect to the eligibility of an producer (as defined in section 
299(2)) for adjustment assistance may be commenced in the Court of 
International Trade by a producer that applies for assistance under 
such Act and is aggrieved by such final determination, or by any other 
interested party that is aggrieved by such final determination.''.
            (3) Time for commencement of action.--Section 2636(d) of 
        title 28, United States Code, is amended by striking ``under 
        section 223 of the Trade Act of 1974 or a final determination 
        of the Secretary of Commerce under section 251 or section 271 
        of such Act'' and inserting ``under section 231 of the Trade 
        Act of 1974, a final determination of the Secretary of Commerce 
        under section 251 of that Act, a final determination of the 
        Secretary of Agriculture under section 293 of that Act, or a 
        final determination of the Secretary of Commerce under section 
        299B of that Act''.
            (4) Scope and standard of review.--Section 2640(c) of title 
        28, United States Code, is amended by striking ``under section 
        223 of the Trade Act of 1974 or any final determination of the 
        Secretary of Commerce under section 251 or section 271 of such 
        Act'' and inserting ``under section 231 of the Trade Act of 
        1974, a final determination of the Secretary of Commerce under 
        section 251 of that Act, a final determination of the Secretary 
        of Agriculture under section 293 of that Act, or a final 
        determination of the Secretary of Commerce under section 299B 
        of that Act''.
            (5) Relief.--Section 2643(c)(2) of title 28, United States 
        Code, is amended by striking ``under section 223 of the Trade 
        Act of 1974 or any final determination of the Secretary of 
        Commerce under section 251 or section 271 of such Act'' and 
        inserting ``under section 231 of the Trade Act of 1974, a final 
        determination of the Secretary of Commerce under section 251 of 
        that Act, a final determination of the Secretary of Agriculture 
        under section 293 of that Act, or a final determination of the 
        Secretary of Commerce under section 299B of that Act''.
    (d) Amendment to the Food Stamp Act of 1977.--Section 6(o)(1)(B) of 
the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(1)(B)) is amended by 
striking ``section 236'' and inserting ``section 240''.

           TITLE VIII--SAVINGS PROVISIONS AND EFFECTIVE DATE

SEC. 801. SAVINGS PROVISIONS.

    (a) Proceedings Not Affected.--
            (1) In general.--The provisions of this Act shall not 
        affect any petition for certification for benefits under 
        chapter 2 of title II of the Trade Act of 1974 that was in 
        effect on September 30, 2001. Determinations shall be issued, 
        appeals shall be taken therefrom, and payments shall be made 
        under those determinations, as if this 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. 802. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in sections 401(b), 
501(b), and 701(b)(2)(B), title IX, and subsections (b), (c), and (d) 
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 the date that 
        is 90 days after the date of enactment of this Act; and
            (2) certifications for assistance under chapter 4 of title 
        II of the Trade Act of 1974 issued on or after the date that is 
        90 days after the date of enactment of this Act.
    (b) Workers Certified as Eligible Before Effective Date.--
Notwithstanding subsection (a), a worker shall continue to receive (or 
be eligible to receive) trade adjustment assistance and other benefits 
under chapter 2 of title II of the Trade Act of 1974, as in effect on 
September 30, 2001, for any week for which the worker meets the 
eligibility requirements of such chapter 2 as in effect on such date, 
if on or before such date, the worker--
            (1) was certified as eligible for trade adjustment 
        assistance benefits under such chapter as in effect on such 
        date; and
            (2) would otherwise be eligible to receive trade adjustment 
        assistance benefits under such chapter as in effect on such 
        date.
    (c) Workers Who Became Eligible During Qualified Period.--
            (1) In general.--Notwithstanding subsection (a) or any 
        other provision of law, including section 285 of the Trade Act 
        of 1974, any worker who would have been eligible to receive 
        trade adjustment assistance or other benefits under chapter 2 
        of title II of the Trade Act if 1974 during the qualified 
        period if such chapter 2 had been in effect during such period, 
        shall be eligible to receive trade adjustment assistance and 
        other benefits under chapter 2 of title II of the Trade Act of 
        1974, as in effect on September 30, 2001, for any week during 
        the qualified period for which the worker meets the eligibility 
        requirements of such chapter 2 as in effect on September 30, 
        2001.
            (2) Qualified period.--For purposes of this subsection, the 
        term ``qualified period'' means the period beginning on January 
        11, 2002 and ending on the date that is 90 days after the date 
        of enactment of this Act.
    (d) Adjustment Assistance for Firms.--
            (1) In general.--Notwithstanding subsection (a) or any 
        other provision of law, including section 285 of the Trade Act 
        of 1974, and except as provided in paragraph (2) any firm that 
        would have been eligible to receive adjustment assistance under 
        chapter 3 of title II of the Trade Act if 1974 during the 
        qualified period if such chapter 3 had been in effect during 
        such period, shall be eligible to receive adjustment assistance 
        under chapter 3 of title II of the Trade Act of 1974, as in 
        effect on September 30, 2001, for any week during the qualified 
        period for which the firm meets the eligibility requirements of 
        such chapter 3 as in effect on September 30, 2001.
            (2) Qualified period.--For purposes of this subsection, the 
        term ``qualified period'' means the period beginning on October 
        1, 2001 and ending on the date that is 90 days after the date 
        of enactment of this Act.

                      TITLE IX--REVENUE PROVISIONS

SEC. 901. CUSTOM USER FEES.

    Section 13031(j)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking 
``2003'' and inserting ``2012''.
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