§ 2346. Delegation of functions to Small Business Administration; authorization of appropriations

Footnotes

1. 1 See References in Text note below.
2. 2 See Application of Subsection (b) note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Trade Act of 1974

   Pub. L. 93–618 title II § 256 · 88 Stat. 1978

   Enacted · 19 U.S.C. § 2346

   Pub. L. 93–618, title II, § 256, Jan. 3, 1975, 88 Stat. 2032

   Source evidence

   Code source credit
   Pub. L. 93–618, title II, § 256, Jan. 3, 1975, 88 Stat. 2032

   Enacted provision · exact public law section
   19 USC 1912SEC. 256. DELEGATION OF FUNCTIONS TO SMALL BUSINESS ADMINISTRATION; AUTHORIZATION OF APPROPRIATIONS. (a) In the case of any firm which is small (within the meaning of the Small Business Act and regulations promulgated thereunder), the Secretary may delegate all of his functions under this chapter (other than the functions under sections 251 and 252(d) with respect to the certification of eligibility and section 264) to the Administrator of the Small Business Administration. (b) There are hereby authorized to be appropriated to the Secretary such sums as may be necessary from time to time to carry out his functions under this chapter in connection with furnishing adjustment assistance to firms, which sums are authorized to be appropriated to remain available until expended. (c) The unexpended balances of appropriations authorized by section 312(d) of the Trade Expansion Act of 1962 are transferred to 19 USC 2347. the Secretary to carry out his functions under this chapter.

2. 1981

   Pub. L. 97–35 title XXV § 2524 · 95 Stat. 357

   Inserted · 19 U.S.C. § 2346(b)

   Pub. L. 97–35 inserted provisions relating to payment of principal, interest, and reasonable costs, incident to defaults on guaranteed loans and provisions relating to direct loans and commitments to guarantee loans

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–35 inserted provisions relating to payment of principal, interest, and reasonable costs, incident to defaults on guaranteed loans and provisions relating to direct loans and commitments to guarantee loans.

   Enacted provision · exact public law section
   Sec. 2524. authorization of appropriations Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended— (1) by striking out “firms,” and inserting in lieu thereof “firms (including, but not limited to, the payment of principal, interest, and reasonable costs incident to default on loans guaranteed by the Secretary under the authority of this chapter),”; and (2) by adding at the end thereof the following new sentence: “Direct loans and commitments to guarantee loans may be made under this chapter during any fiscal year only to such extent and in such amounts as are provided in advance in appropriation Acts.”.

3. 1986

   Trade Adjustment Assistance Reform and Extension Act of 1986

   Pub. L. 99–272 title XIII § 13008(b) · 100 Stat. 82

   1. Inserted · 19 U.S.C. § 2346(b)

      Pub. L. 99–272 inserted “for fiscal years 1986, 1987, 1988, 1989, 1990, and 1991” after “Secretary”

   2. Struck · 19 U.S.C. § 2346(b)

      Pub. L. 99–272 struck out “from time to time” after “as may be necessary”

   3. Struck · 19 U.S.C. § 2346(b)

      Pub. L. 99–272 struck out “Direct loans and commitments to guarantee loans may be made under this part during any fiscal year only to such extent and in such amounts as are provided in advance in appropriations Acts.” after “available until expended.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–272 inserted “for fiscal years 1986, 1987, 1988, 1989, 1990, and 1991” after “Secretary”, struck out “from time to time” after “as may be necessary”, and struck out “Direct loans and commitments to guarantee loans may be made under this part during any fiscal year only to such extent and in such amounts as are provided in advance in appropriations Acts.” after “available until expended.”

   Enacted provision · exact public law section
   (b) Firms.— Subsection (b) of section 256 of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended— (1) by inserting “for fiscal years 1986, 1987, 1988, 1989, 1990, and 1991” after “to the Secretary”, (2) by striking out “from time to time”, and (3) by striking out the last sentence thereof.

4. 1988

   Omnibus Trade and Competitiveness Act of 1988

   Pub. L. 100–418 title I § 1426(b)(2) · 102 Stat. 1107

   Substituted · 19 U.S.C. § 2346(b)

   Pub. L. 100–418 substituted “1988, 1989, 1990, 1991, 1992, and 1993” for “1986, 1987, 1988, 1989, 1990, and 1991”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–418 substituted “1988, 1989, 1990, 1991, 1992, and 1993” for “1986, 1987, 1988, 1989, 1990, and 1991”.

   Enacted provision · exact public law section
   (2) Subsection (b) of section 256 of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking out “1986, 1987, 1988, 1989, 1990, and 1991” and inserting in lieu thereof “1988, 1989, 1990, 1991, 1992, and 1993”.

5. 1993

   Omnibus Budget Reconciliation Act of 1993

   Pub. L. 103–66 title XIII § 13803(a)(2) · 107 Stat. 312

   Substituted · 19 U.S.C. § 2346(b)

   Pub. L. 103–66 substituted “1993, 1994, 1995, 1996, 1997, and 1998” for “1988, 1989, 1990, 1991, 1992, and 1993”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–66 substituted “1993, 1994, 1995, 1996, 1997, and 1998” for “1988, 1989, 1990, 1991, 1992, and 1993”.

   Enacted provision · exact public law section
   (2) Sections 245 and 256(b) of the Trade Act of 1974 (19 U.S.C. 2317 and 2346(b)) are each amended by striking “1988, 1989, 1990, 1991, 1992, and 1993” and inserting “1993, 1994, 1995, 1996,1997, and 1998”.

6. 1998

   Pub. L. 105–277 div. J title I § 1012(c) · 112 Stat. 2681

   Substituted · 19 U.S.C. § 2346(b)

   Pub. L. 105–277 substituted “for the period beginning October 1, 1998, and ending June 30, 1999” for “for fiscal years 1993, 1994, 1995, 1996, 1997, and 1998”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–277 substituted “for the period beginning October 1, 1998, and ending June 30, 1999” for “for fiscal years 1993, 1994, 1995, 1996, 1997, and 1998”.

   Enacted provision · exact public law section
   (c) Adjustment Assistance for Firms.— Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking “for fiscal years” and all that follows through “1998” and inserting “for the period beginning October 1, 1998, and ending June 30, 1999”.

7. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 div. B § 1000(a)(5)(tVII)(s702)(c) · 113 Stat. 1501

   Substituted · 19 U.S.C. § 2346(b)

   Pub. L. 106–113 substituted “September 30, 2001” for “June 30, 1999”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–113 substituted “September 30, 2001” for “June 30, 1999”.

8. 2002

   Trade Act of 2002

   Pub. L. 107–210 div. A title I · 116 Stat. 933

   Amended · 19 U.S.C. § 2346(b)

   Pub. L. 107–210, §131, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “There are hereby authorized to be appropriated to the Secretary for the period beginning October 1, 1998, and ending September 30, 2001, such sums as may be necessary to carry out his functions under this part in connection with furnishing adjustment assistance to firms (including, but not limited to, the payment of principal, interest, and reasonable costs incident to default on loans guaranteed by the Secretary under the authority of this part), which sums are authorized to be appropriated to remain available until expended.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–210, §131, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “There are hereby authorized to be appropriated to the Secretary for the period beginning October 1, 1998, and ending September 30, 2001, such sums as may be necessary to carry out his functions under this part in connection with furnishing adjustment assistance to firms (including, but not limited to, the payment of principal, interest, and reasonable costs incident to default on loans guaranteed by the Secretary under the authority of this part), which sums are authorized to be appropriated to remain available until expended.”

   Enacted provision · exact public law
   TITLE I— TRADE ADJUSTMENT ASSISTANCE PROGRAM Subtitle A— Trade Adjustment Assistance For Workers SEC. 111. REAUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM. (a) Assistance for Workers.— Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended by striking “October 1, 1998, and ending September 30, 2001,” each place it appears and inserting “October 1, 2001, and ending September 30, 2007,”. (b) Assistance for Firms.— Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking “October 1, 1998, and ending September 30, 2001” and inserting “October 1, 2001, and ending September 30, 2007,”. (c) 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 chapter 2 of this title; 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 farmers.— “(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 after September 30, 2007. “(B) Exception.— Notwithstanding subparagraph (A), an agricultural commodity producer (as defined in section 291(2)) shall continue to receive adjustment assistance benefits and other benefits under chapter 6, for any week for which the agricultural commodity producer meets the eligibility requirements of chapter 6, if on or before September 30, 2007, the agricultural commodity producer is— “(i) certified as eligible for adjustment assistance “(ii) is otherwise eligible to receive adjustment assistance benefits under such chapter 6.”. SEC. 112. FILING OF PETITIONS AND PROVISION OF RAPID RESPONSE ASSISTANCE; EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF LABOR. (a) Filing of Petitions and Provision of Rapid Response Assistance.— Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is amended to read as follows: “(a) (1) A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this chapter may be filed simultaneously with the Secretary and with the Governor of the State in which such workers’ firm or subdivision is located by any of the following: “(A) The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm). “(B) The certified or recognized union or other duly authorized representative of such workers. “(C) Employers of such workers, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), including State employment security agencies, or the State dislocated worker unit established under title I of such Act, on behalf of such workers. “(2) Upon receipt of a petition filed under paragraph (1), the Governor shall— “(A) ensure that rapid response assistance, and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and “(B) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. “(3) 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) Expedited Review of Petitions by Secretary of Labor.— Section 223(a) of such Act (19 U.S.C. 2273(a)) is amended in the first sentence by striking “60 days” and inserting “40 days”. SEC. 113. GROUP ELIGIBILITY REQUIREMENTS. (a) Trade Adjustment Assistance Program.— (1) In general.— Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended— (A) by amending subsection (a) to read as follows: “(a) In General.— A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that— “(1) a significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; and “(2) (A) (i) the sales or production, or both, of such firm or subdivision have decreased absolutely; “(ii) imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and “(iii) the increase in imports described in clause (ii) contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or “(B) (i) there has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and “(ii) (I) the country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; “(II) the country to which the workers’ firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or “(III) there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision.”; (B) by redesignating subsection (b) as subsection (c); (C) by inserting after subsection (a) the following: “(b) Adversely affected secondary workers.— A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for trade adjustment assistance benefits under this chapter if the Secretary determines that— “(1) 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; “(2) the workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility under subsection (a), and such supply or production is related to the article that was the basis for such certification (as defined in subsection (c) (3) and (4)); and “(3) either— “(A) the workers’ firm is a supplier and the component parts it supplied to the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or “(B) a loss of business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation determined under paragraph (1).”. (b) Definitions.— Section 222(c) of such Act, as redesignated by paragraph (1)(A), is amended— (1) in the matter preceding paragraph (1), by striking “subsection (a)(3)” and inserting “thus section”; and (2) by adding at the end the following: “(3) Downstream producer.— The term ‘downstream producer’ means a firm that performs additional, value-added production processes for a firm or subdivision, including a firm that performs final assembly or finishing, directly for another firm (or subdivision), for articles that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm, if the certification of eligibility under subsection (a) is based on an increase in imports from, or a shift in production to, Canada or Mexico. “(4) Supplier.— The term ‘supplier’ means a firm that produces and supplies directly to another firm (or subdivision) component parts for articles that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm.”. SEC. 114. QUALIFYING REQUIREMENTS FOR TRADE READJUSTMENT ALLOWANCES. (a) Clarification of Certain Reductions.— Section 231(a)(3)(B) of the Trade Act of 1974 (19 U.S.C. 2291(a)(3)(B)) is amended by inserting after “any unemployment insurance” the following: except additional compensation that is funded by a State and is not reimbursed from any Federal funds,”. (b) Enrollment in Training Requirement.— Section 231(a)(5)(A) of such Act (19 U.S.C. 2291(a)(5)(A)) is amended— (1) by inserting “(i)” after “(A)”; (2) by adding “and” after the comma at the end; and (3) by adding at the end the following: “(ii) the enrollment required under clause (i) occurs Deadlines. no later than the latest of— “(I) the last day of the 16th week after the worker’s most recent total separation from adversely affected employment which meets the requirements of paragraphs (1) and (2), “(II) the last day of the 8th week after the week in which the Secretary issues a certification covering the worker, “(III) 45 days after the later of the dates specified in subclause (I) or (II), if the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period, or “(IV) the last day of a period determined by the Secretary to be approved for enrollment after the termination of a waiver issued pursuant to subsection (c),”. SEC. 115. WAIVERS OF TRAINING REQUIREMENTS. (a) In General.— Section 231(c) of the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended to read as follows: “(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)(5)(A) if the Secretary determines that it 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 therefor); 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. “(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 and shall notify the worker in writing of the revocation. “(3) Agreements under section 239.— “(A) Issuance by cooperating states.— Pursuant to an agreement under section 239, the Secretary may authorize a cooperating State to issue waivers as described in paragraph (1). “(B) Submission of statements.— An agreement under section 239 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.”. (b) Conforming Amendment.— Section 231(a)(5)(C) of such Act (19 U.S.C. 2291(a)(5)(C)) is amended by striking “certified”. SEC. 116. AMENDMENTS TO LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES. (a) Increase in Maximum Number of Weeks.— Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) is amended— (1) in paragraph (2), by inserting after “104-week period” the following: “(or, in the case of an adversely affected worker who requires a program of remedial education (as described in section 236(a)(5)(D)) in order to complete training approved for the worker under section 236, the 130-week period)"; and (2) in paragraph (3), by striking “26” each place it appears and inserting “52”. (b) Special Rule Relating to Break in Training.— Section 233(f) of the Trade Act of 1974 (19 U.S.C. 2293(f)) is amended in the matter preceding paragraph (1) by striking “14 days” and inserting “30 days”. (c) Additional Weeks for Individuals in Need of Remedial Education.— Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end the following: “(g) Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 which includes a program of remedial education (as described in section 236(a)(5)(D)), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter.”. SEC. 117. ANNUAL TOTAL AMOUNT OF PAYMENTS FOR TRAINING. Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking “$80,000,000” and all that follows through “$70,000,000” and inserting “$220,000,000”. SEC. 118. PROVISION OF EMPLOYER-BASED TRAINING. (a) In General.— Section 236(a)(5)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)(A)) is amended to read as follows: “(A) employer-based training, including.— “(i) on-the-job training, and “(ii) customized training,”. (b) Reimbursement.— Section 236(c)(8) of such Act (19 U.S.C. 2296(c)(8)) is amended to read as follows: “(8) 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,”. (c) Definition.— Section 236 of such Act (19 U.S.C. 2296) is amended by adding at the end the following new subsection: “(f) For purposes of this section, the term ‘customized training’ means training that is— “(1) designed to meet the special requirements of an employer or group of employers; “(2) conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training; and “(3) for which the employer pays for a significant portion (but in no case less than 50 percent) of the cost of such training, as determined by the Secretary.”. SEC. 119. COORDINATION WITH TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998. Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended by inserting before the period at the end of the first sentence the following: including the services provided through one-stop delivery systems described in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c))”. SEC. 120. EXPENDITURE PERIOD. Section 245 of the Trade Act of 1974 (19 U.S.C. 2317), as amended by section 111(a) of this Act, is further amended by amending subsection (b) to read as follows: “(b) Period of Expenditure.— Funds obligated for any fiscal year to carry out activities under sections 235 through 238 may be expended by each State receiving such funds during that fiscal year and the succeeding two fiscal years.”. SEC. 121. JOB SEARCH ALLOWANCES. Section 237 of the Trade Act of 1974 (19 U.S.C. 2297) is amended to read as follows: “SEC. 237. JOB SEARCH ALLOWANCES. “(a) Job Search Allowance Authorized.— “(1) In general.— An adversely affected worker covered by a certification issued under subchapter A of this chapter 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 231(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 236(b) (1) and (2). “(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. 122. RELOCATION ALLOWANCES. Section 238 of the Trade Act of 1974 (19 U.S.C. 2298) is amended to read as follows: “SEC. 238. RELOCATION ALLOWANCES. “(a) Relocation Allowance Authorized.— “(1) In general.— Any adversely affected worker covered by a certification issued under subchapter A of this chapter 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 19 USC 2395. with the Secretary before— “(i) the later of— “(I) the 425th day after the date of the certification under subchapter A of this chapter; 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 231(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 236(b) (1) and (2) specified in regulations prescribed by the Secretary, incurred in transporting the worker, the worker’s family, and household effects; and “(2) a lump sum equivalent to 3 times the worker’s average weekly wage, up to a maximum payment of $1,250. “(c) Limitations.— A relocation allowance may not be granted to a worker unless— “(1) the relocation occurs within 182 days after the filing of the application for relocation assistance; or “(2) the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Secretary under section 236(b) (1) and (2).”. SEC. 123. REPEAL OF NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM. (a) In General.— Subchapter D of chapter 2 of title II of such Act (19 U.S.C. 2331) is repealed. (b) Conforming Amendments.— (1) Section 225(b) (1) and (2) of the Trade Act of 1974 (19 U.S.C. 2275(b) (1) and (2)) is amended by striking “or subchapter D” each place it appears. (2) Section 249A of such Act (19 U.S.C. 2322) is repealed. (3) The table of contents of such Act is amended— (A) by striking the item relating to section 249A; and (B) by striking the items relating to subchapter D of chapter 2 of title II. (4) Section 284(a) of such Act is amended by striking “or section 250(c)”. (c) Effective Date.— (1) In general.— The amendments made by this section shall apply with respect to petitions filed under chapter 2 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. (2) Workers certified as eligible before effective date.— Notwithstanding subsection (a), a worker receiving benefits under chapter 2 of title II of the Trade Act of 1974 shall continue to receive (or be eligible to receive) benefits and services under chapter 2 of title II of the Trade Act of 1974, as in effect on the day before the amendments made by this section take effect under subsection (a), for any week for which the worker meets the eligibility requirements of such chapter 2 as in effect on such date. SEC. 124. DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE FOR OLDER WORKERS. (a) Demonstration Program.— Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by striking section 246 and inserting the following new section: “SEC. 246. DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE FOR OLDER WORKERS. “(a) In General.— “(1) Establishment.— Not later than 1 year after the date of enactment of the Trade Adjustment Assistance Reform Act of 2002, the Secretary shall establish an alternative trade adjustment assistance program for older workers that provides the benefits described in paragraph (2). “(2) Benefits..— “(A) Payments.— A State shall use the funds provided to the State under section 241 to pay, for a period not to exceed 2 years, to a worker described in paragraph (3)(B), 50 percent of the difference between— “(i) the wages received by the worker from reemployment; and “(ii) the wages received by the worker at the time of separation. (B) Health insurance.— A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive, for a period not to exceed 2 years, a credit for health insurance costs under section 35 of the Internal Revenue Code of 1986, as added by section 201 of the Trade Act of 2002. (3) Eligibility.— (A) Firm eligibility.— (i) In general.— The Secretary shall provide the opportunity for a group of workers on whose behalf a petition is filed under section 221 to request that the group of workers be certified for the alternative trade adjustment assistance program under this section at the time the petition is filed. “(ii) Criteria.— In determining whether to certify a group of workers as eligible for the alternative trade adjustment assistance program, the Secretary shall consider the following criteria: “(I) Whether a significant number of workers in the workers’ firm are 50 years of age or older. “(II) Whether the workers in the workers’ firm possess skills that are not easily transferable. “(III) The competitive conditions within the workers’ industry. “(iii) DEADLINE.— The Secretary shall determine whether the workers in the group are eligible for the alternative trade adjustment assistance program by the date specified in section 223(a). “(B) Individual Eligibility.— A worker in the group that the Secretary has certified as eligible for the alternative trade adjustment assistance program may elect to receive benefits under the alternative trade adjustment assistance program if the worker— “(i) is covered by a certification under subchapter A of this chapter; “(ii) obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment; “(iii) is at least 50 years of age; and “(iv) earns not more than $50,000 a year in wages from reemployment; “(v) is employed on a full-time basis as defined by State law in the State in which the worker is employed; and “(vi) does not return to the employment from which the worker was separated. “(4) Total amount of payments.— The payments described in paragraph (2)(A) made to a worker may not exceed $10,000 per worker during the 2-year eligibility period. “(5) Limitation on other benefits.— Except as provided in section 238(a)(2)(B), if a worker is receiving payments pursuant to the program established under paragraph (1), the worker shall not be eligible to receive any other benefits under this title. “(b) Termination.— “(1) In general.— Except as provided in paragraph (2), no payments may be made by a State under the program established under subsection (a)(D after the date that is 5 years after the date on which such program is implemented by the State. “(2) Exception.— Notwithstanding paragraph (1), a worker receiving payments under the program established under subsection (a)(1) on the termination date described in paragraph (1) shall continue to receive such payments provided that the worker meets the criteria described in subsection (a)(3)(B).”. (b) Table of Contents.— The Trade Act of 1974 (U.S.C. et seq.) is amended in the table of contents by inserting after the item relating to section 245 the following new item: “Sec. 246. Demonstration project for alternative trade adjustment assistance for older workers ”. SEC. 125. DECLARATION OF POLICY; SENSE OF CONGRESS. (a) Declaration of Policy.— Congress reiterates that, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974, workers are eligible for transportation, childcare, and healthcare assistance, as well as other related assistance under programs administered by the Department of Labor. (b) Sense of Congress.— It is the sense of Congress that the Secretary of Labor, working independently and in conjunction with the States, should, in accordance with section 225 of the Trade Act of 1974, provide more specific information about benefit allowances, training, and other employment services, and the petition and application procedures (including appropriate filing dates) for such allowances, training, and services, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 to workers who are applying for, or are certified to receive, assistance under that program, including information on all other Federal assistance available to such workers. Subtitle B— Trade Adjustment Assistance For Firms SEC. 131. REAUTHORIZATION OF PROGRAM. 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 2003 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.”. Subtitle C— Subtitle C—Trade Adjustment Assistance For Farmers SEC. 141. 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) 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)). “(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 Notice. petition, the Secretary shall promptly publish notice in the Federal Federal Register, publication. 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 and in which the Secretary makes the determination under subsection (c) or (d), as the case may be. “(2) Classes of goods within a commodity.— In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and section 296. “SEC. 293. DETERMINATIONS BY SECRETARY OF AGRICULTURE. “(a) In General.— As soon as practicable after the date on which a petition is filed under section 292, but in any event not later than 40 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 292 (c) or (d), as the case may be, and shall, if the group meets the requirements, issue a certification of eligibility to apply for assistance under this chapter covering agricultural commodity producers in any group that meets the requirements. Each certification shall specify the date on which eligibility under this chapter begins. “(b) Notice.— Upon making a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register, together with the Secretary’s reasons for making the determination. “(c) Termination of Certification.— Whenever the Secretary determines, with respect to any certification of eligibility under this chapter, that the decline in price for the agricultural commodity covered by the certification is no longer attributable to the conditions described in section 292, the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register, together with the Secretary’s reasons for making such determination. SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION. “(a) In General.— Whenever the International Trade Commission (in this chapter referred to as the ‘Commission’) begins an investigation under section 202 with respect to an agricultural commodity, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall immediately conduct a study of— “(1) the number of agricultural commodity producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this chapter, and “(2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs. “(b) Report.— Not later than 15 days after the day on which the Commission makes its report under section 202(f), the Secretary shall submit a report to the President setting forth the findings of the study described in subsection (a). Upon making the report Federal Register, publication. to the President, the Secretary shall also promptly make the report public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of the report published in the Federal Register. “SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS. “(a) In General.— The Secretary shall provide full information to agricultural commodity 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 Publication. 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) Limitations.— “(A) Adjusted gross income.— “(i) 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 the level set forth in section 100ID of the Food Security Act of 1985. “(ii) 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 the level set forth in section 1001D of the Food Security Act of 1985; or “(II) information and documentation regarding the adjusted gross income of the producer through other procedures established by the Secretary. “(B) Counter-cyclical payments.— The total amount of payments made to an agricultural producer under this chapter during any crop year may not exceed the limitation on counter-cyclical payments set forth in section 1001(c) of the Food Security Act of 1985. “(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 II of subchapter B 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 tins chapter— “(1) if the Secretary, or a court of competent jurisdiction, determines that the person— “(A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or “(B) knowingly has failed, or caused another to fail, to disclose a material fact; and “(2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this chapter to which the person was not entitled. “(c) Notice and Determination.— Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determination has become final. “(d) Payment to Treasury.— Any amount recovered under this section shall be returned to the Treasury of the United States. “(e) Penalties.— Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this chapter shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both. “SEC. 298. AUTHORIZATION OF APPROPRIATIONS. “(a) In General.— There are authorized to be appropriated and there are appropriated to the Department of Agriculture not to exceed $90,000,000 for each of the fiscal years 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 19 USC 2401 note. take effect on the date that is 180 days after the date of enactment of this Act. SEC. 142. CONFORMING AMENDMENTS. (a) Judicial review.— (1) Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended— (A) by inserting “an agricultural commodity producer (as defined in section 291(2)) aggrieved by a determination of the Secretary of Agriculture under section 293, ” after “section 251 of this title,"; and (B) in the second sentence of subsection (a) and in subsections (b) and (c), by striking “or the Secretary of Commerce” each place it appears and inserting “, the Secretary of Commerce, or the Secretary of Agriculture”. (b) Chapters 6.— The table of contents for title II of the Trade Act of 1974, as amended by subparagraph (A), is amended by inserting after the items relating to chapter 5 the following: “Chapter 6— Adjustment Assistance for Farmers “Sec. 291. Definitions. “Sec. 292. Petitions; group eligibility. “Sec. 293. Determinations by Secretary 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.”. SEC. 143. STUDY ON TAA FOR FISHERMEN. Not later than 1 year after the date of enactment of this Deadline. Act, the Secretary of Commerce shall conduct a study and report to Congress regarding whether a trade adjustment assistance program is appropriate and feasible for fishermen. For purposes of the preceding sentence, the term “fishermen” means any person who is engaged in commercial fishing or is a United States fish processor. Subtitle D— Effective Date SEC. 151. EFFECTIVE DATE. (a) In General.— Except as otherwise provided in sections 123(c) and 141(b), and subsections (b), (c), and (d) of this section, the amendments made by this division shall apply to 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. (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 of 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.

9. 2002

   Trade Act of 2002

   Pub. L. 107–210 div. A title I · 116 Stat. 933

   Substituted · 19 U.S.C. § 2346(b)

   Pub. L. 107–210, §111(b), substituted “October 1, 2001, and ending September 30, 2007,” for “October 1, 1998, and ending September 30, 2001”. Pub. L. 108–429, title II, §2004(a)(3), provided that the amendment by Pub. L. 107–210, §111(b), shall be deemed never to have been enacted

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 107–210, §111(b), substituted “October 1, 2001, and ending September 30, 2007,” for “October 1, 1998, and ending September 30, 2001”. Pub. L. 108–429, title II, §2004(a)(3), provided that the amendment by Pub. L. 107–210, §111(b), shall be deemed never to have been enacted.

   Enacted provision · exact public law
   TITLE I— TRADE ADJUSTMENT ASSISTANCE PROGRAM Subtitle A— Trade Adjustment Assistance For Workers SEC. 111. REAUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM. (a) Assistance for Workers.— Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended by striking “October 1, 1998, and ending September 30, 2001,” each place it appears and inserting “October 1, 2001, and ending September 30, 2007,”. (b) Assistance for Firms.— Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking “October 1, 1998, and ending September 30, 2001” and inserting “October 1, 2001, and ending September 30, 2007,”. (c) 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 chapter 2 of this title; 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 farmers.— “(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 after September 30, 2007. “(B) Exception.— Notwithstanding subparagraph (A), an agricultural commodity producer (as defined in section 291(2)) shall continue to receive adjustment assistance benefits and other benefits under chapter 6, for any week for which the agricultural commodity producer meets the eligibility requirements of chapter 6, if on or before September 30, 2007, the agricultural commodity producer is— “(i) certified as eligible for adjustment assistance “(ii) is otherwise eligible to receive adjustment assistance benefits under such chapter 6.”. SEC. 112. FILING OF PETITIONS AND PROVISION OF RAPID RESPONSE ASSISTANCE; EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF LABOR. (a) Filing of Petitions and Provision of Rapid Response Assistance.— Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is amended to read as follows: “(a) (1) A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this chapter may be filed simultaneously with the Secretary and with the Governor of the State in which such workers’ firm or subdivision is located by any of the following: “(A) The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm). “(B) The certified or recognized union or other duly authorized representative of such workers. “(C) Employers of such workers, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), including State employment security agencies, or the State dislocated worker unit established under title I of such Act, on behalf of such workers. “(2) Upon receipt of a petition filed under paragraph (1), the Governor shall— “(A) ensure that rapid response assistance, and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and “(B) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. “(3) 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) Expedited Review of Petitions by Secretary of Labor.— Section 223(a) of such Act (19 U.S.C. 2273(a)) is amended in the first sentence by striking “60 days” and inserting “40 days”. SEC. 113. GROUP ELIGIBILITY REQUIREMENTS. (a) Trade Adjustment Assistance Program.— (1) In general.— Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended— (A) by amending subsection (a) to read as follows: “(a) In General.— A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that— “(1) a significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; and “(2) (A) (i) the sales or production, or both, of such firm or subdivision have decreased absolutely; “(ii) imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and “(iii) the increase in imports described in clause (ii) contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or “(B) (i) there has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and “(ii) (I) the country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; “(II) the country to which the workers’ firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or “(III) there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision.”; (B) by redesignating subsection (b) as subsection (c); (C) by inserting after subsection (a) the following: “(b) Adversely affected secondary workers.— A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for trade adjustment assistance benefits under this chapter if the Secretary determines that— “(1) 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; “(2) the workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility under subsection (a), and such supply or production is related to the article that was the basis for such certification (as defined in subsection (c) (3) and (4)); and “(3) either— “(A) the workers’ firm is a supplier and the component parts it supplied to the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or “(B) a loss of business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation determined under paragraph (1).”. (b) Definitions.— Section 222(c) of such Act, as redesignated by paragraph (1)(A), is amended— (1) in the matter preceding paragraph (1), by striking “subsection (a)(3)” and inserting “thus section”; and (2) by adding at the end the following: “(3) Downstream producer.— The term ‘downstream producer’ means a firm that performs additional, value-added production processes for a firm or subdivision, including a firm that performs final assembly or finishing, directly for another firm (or subdivision), for articles that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm, if the certification of eligibility under subsection (a) is based on an increase in imports from, or a shift in production to, Canada or Mexico. “(4) Supplier.— The term ‘supplier’ means a firm that produces and supplies directly to another firm (or subdivision) component parts for articles that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm.”. SEC. 114. QUALIFYING REQUIREMENTS FOR TRADE READJUSTMENT ALLOWANCES. (a) Clarification of Certain Reductions.— Section 231(a)(3)(B) of the Trade Act of 1974 (19 U.S.C. 2291(a)(3)(B)) is amended by inserting after “any unemployment insurance” the following: except additional compensation that is funded by a State and is not reimbursed from any Federal funds,”. (b) Enrollment in Training Requirement.— Section 231(a)(5)(A) of such Act (19 U.S.C. 2291(a)(5)(A)) is amended— (1) by inserting “(i)” after “(A)”; (2) by adding “and” after the comma at the end; and (3) by adding at the end the following: “(ii) the enrollment required under clause (i) occurs Deadlines. no later than the latest of— “(I) the last day of the 16th week after the worker’s most recent total separation from adversely affected employment which meets the requirements of paragraphs (1) and (2), “(II) the last day of the 8th week after the week in which the Secretary issues a certification covering the worker, “(III) 45 days after the later of the dates specified in subclause (I) or (II), if the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period, or “(IV) the last day of a period determined by the Secretary to be approved for enrollment after the termination of a waiver issued pursuant to subsection (c),”. SEC. 115. WAIVERS OF TRAINING REQUIREMENTS. (a) In General.— Section 231(c) of the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended to read as follows: “(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)(5)(A) if the Secretary determines that it 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 therefor); 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. “(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 and shall notify the worker in writing of the revocation. “(3) Agreements under section 239.— “(A) Issuance by cooperating states.— Pursuant to an agreement under section 239, the Secretary may authorize a cooperating State to issue waivers as described in paragraph (1). “(B) Submission of statements.— An agreement under section 239 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.”. (b) Conforming Amendment.— Section 231(a)(5)(C) of such Act (19 U.S.C. 2291(a)(5)(C)) is amended by striking “certified”. SEC. 116. AMENDMENTS TO LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES. (a) Increase in Maximum Number of Weeks.— Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) is amended— (1) in paragraph (2), by inserting after “104-week period” the following: “(or, in the case of an adversely affected worker who requires a program of remedial education (as described in section 236(a)(5)(D)) in order to complete training approved for the worker under section 236, the 130-week period)"; and (2) in paragraph (3), by striking “26” each place it appears and inserting “52”. (b) Special Rule Relating to Break in Training.— Section 233(f) of the Trade Act of 1974 (19 U.S.C. 2293(f)) is amended in the matter preceding paragraph (1) by striking “14 days” and inserting “30 days”. (c) Additional Weeks for Individuals in Need of Remedial Education.— Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end the following: “(g) Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 which includes a program of remedial education (as described in section 236(a)(5)(D)), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter.”. SEC. 117. ANNUAL TOTAL AMOUNT OF PAYMENTS FOR TRAINING. Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking “$80,000,000” and all that follows through “$70,000,000” and inserting “$220,000,000”. SEC. 118. PROVISION OF EMPLOYER-BASED TRAINING. (a) In General.— Section 236(a)(5)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)(A)) is amended to read as follows: “(A) employer-based training, including.— “(i) on-the-job training, and “(ii) customized training,”. (b) Reimbursement.— Section 236(c)(8) of such Act (19 U.S.C. 2296(c)(8)) is amended to read as follows: “(8) 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,”. (c) Definition.— Section 236 of such Act (19 U.S.C. 2296) is amended by adding at the end the following new subsection: “(f) For purposes of this section, the term ‘customized training’ means training that is— “(1) designed to meet the special requirements of an employer or group of employers; “(2) conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training; and “(3) for which the employer pays for a significant portion (but in no case less than 50 percent) of the cost of such training, as determined by the Secretary.”. SEC. 119. COORDINATION WITH TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998. Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended by inserting before the period at the end of the first sentence the following: including the services provided through one-stop delivery systems described in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c))”. SEC. 120. EXPENDITURE PERIOD. Section 245 of the Trade Act of 1974 (19 U.S.C. 2317), as amended by section 111(a) of this Act, is further amended by amending subsection (b) to read as follows: “(b) Period of Expenditure.— Funds obligated for any fiscal year to carry out activities under sections 235 through 238 may be expended by each State receiving such funds during that fiscal year and the succeeding two fiscal years.”. SEC. 121. JOB SEARCH ALLOWANCES. Section 237 of the Trade Act of 1974 (19 U.S.C. 2297) is amended to read as follows: “SEC. 237. JOB SEARCH ALLOWANCES. “(a) Job Search Allowance Authorized.— “(1) In general.— An adversely affected worker covered by a certification issued under subchapter A of this chapter 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 231(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 236(b) (1) and (2). “(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. 122. RELOCATION ALLOWANCES. Section 238 of the Trade Act of 1974 (19 U.S.C. 2298) is amended to read as follows: “SEC. 238. RELOCATION ALLOWANCES. “(a) Relocation Allowance Authorized.— “(1) In general.— Any adversely affected worker covered by a certification issued under subchapter A of this chapter 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 19 USC 2395. with the Secretary before— “(i) the later of— “(I) the 425th day after the date of the certification under subchapter A of this chapter; 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 231(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 236(b) (1) and (2) specified in regulations prescribed by the Secretary, incurred in transporting the worker, the worker’s family, and household effects; and “(2) a lump sum equivalent to 3 times the worker’s average weekly wage, up to a maximum payment of $1,250. “(c) Limitations.— A relocation allowance may not be granted to a worker unless— “(1) the relocation occurs within 182 days after the filing of the application for relocation assistance; or “(2) the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Secretary under section 236(b) (1) and (2).”. SEC. 123. REPEAL OF NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM. (a) In General.— Subchapter D of chapter 2 of title II of such Act (19 U.S.C. 2331) is repealed. (b) Conforming Amendments.— (1) Section 225(b) (1) and (2) of the Trade Act of 1974 (19 U.S.C. 2275(b) (1) and (2)) is amended by striking “or subchapter D” each place it appears. (2) Section 249A of such Act (19 U.S.C. 2322) is repealed. (3) The table of contents of such Act is amended— (A) by striking the item relating to section 249A; and (B) by striking the items relating to subchapter D of chapter 2 of title II. (4) Section 284(a) of such Act is amended by striking “or section 250(c)”. (c) Effective Date.— (1) In general.— The amendments made by this section shall apply with respect to petitions filed under chapter 2 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. (2) Workers certified as eligible before effective date.— Notwithstanding subsection (a), a worker receiving benefits under chapter 2 of title II of the Trade Act of 1974 shall continue to receive (or be eligible to receive) benefits and services under chapter 2 of title II of the Trade Act of 1974, as in effect on the day before the amendments made by this section take effect under subsection (a), for any week for which the worker meets the eligibility requirements of such chapter 2 as in effect on such date. SEC. 124. DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE FOR OLDER WORKERS. (a) Demonstration Program.— Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by striking section 246 and inserting the following new section: “SEC. 246. DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE FOR OLDER WORKERS. “(a) In General.— “(1) Establishment.— Not later than 1 year after the date of enactment of the Trade Adjustment Assistance Reform Act of 2002, the Secretary shall establish an alternative trade adjustment assistance program for older workers that provides the benefits described in paragraph (2). “(2) Benefits..— “(A) Payments.— A State shall use the funds provided to the State under section 241 to pay, for a period not to exceed 2 years, to a worker described in paragraph (3)(B), 50 percent of the difference between— “(i) the wages received by the worker from reemployment; and “(ii) the wages received by the worker at the time of separation. (B) Health insurance.— A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive, for a period not to exceed 2 years, a credit for health insurance costs under section 35 of the Internal Revenue Code of 1986, as added by section 201 of the Trade Act of 2002. (3) Eligibility.— (A) Firm eligibility.— (i) In general.— The Secretary shall provide the opportunity for a group of workers on whose behalf a petition is filed under section 221 to request that the group of workers be certified for the alternative trade adjustment assistance program under this section at the time the petition is filed. “(ii) Criteria.— In determining whether to certify a group of workers as eligible for the alternative trade adjustment assistance program, the Secretary shall consider the following criteria: “(I) Whether a significant number of workers in the workers’ firm are 50 years of age or older. “(II) Whether the workers in the workers’ firm possess skills that are not easily transferable. “(III) The competitive conditions within the workers’ industry. “(iii) DEADLINE.— The Secretary shall determine whether the workers in the group are eligible for the alternative trade adjustment assistance program by the date specified in section 223(a). “(B) Individual Eligibility.— A worker in the group that the Secretary has certified as eligible for the alternative trade adjustment assistance program may elect to receive benefits under the alternative trade adjustment assistance program if the worker— “(i) is covered by a certification under subchapter A of this chapter; “(ii) obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment; “(iii) is at least 50 years of age; and “(iv) earns not more than $50,000 a year in wages from reemployment; “(v) is employed on a full-time basis as defined by State law in the State in which the worker is employed; and “(vi) does not return to the employment from which the worker was separated. “(4) Total amount of payments.— The payments described in paragraph (2)(A) made to a worker may not exceed $10,000 per worker during the 2-year eligibility period. “(5) Limitation on other benefits.— Except as provided in section 238(a)(2)(B), if a worker is receiving payments pursuant to the program established under paragraph (1), the worker shall not be eligible to receive any other benefits under this title. “(b) Termination.— “(1) In general.— Except as provided in paragraph (2), no payments may be made by a State under the program established under subsection (a)(D after the date that is 5 years after the date on which such program is implemented by the State. “(2) Exception.— Notwithstanding paragraph (1), a worker receiving payments under the program established under subsection (a)(1) on the termination date described in paragraph (1) shall continue to receive such payments provided that the worker meets the criteria described in subsection (a)(3)(B).”. (b) Table of Contents.— The Trade Act of 1974 (U.S.C. et seq.) is amended in the table of contents by inserting after the item relating to section 245 the following new item: “Sec. 246. Demonstration project for alternative trade adjustment assistance for older workers ”. SEC. 125. DECLARATION OF POLICY; SENSE OF CONGRESS. (a) Declaration of Policy.— Congress reiterates that, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974, workers are eligible for transportation, childcare, and healthcare assistance, as well as other related assistance under programs administered by the Department of Labor. (b) Sense of Congress.— It is the sense of Congress that the Secretary of Labor, working independently and in conjunction with the States, should, in accordance with section 225 of the Trade Act of 1974, provide more specific information about benefit allowances, training, and other employment services, and the petition and application procedures (including appropriate filing dates) for such allowances, training, and services, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 to workers who are applying for, or are certified to receive, assistance under that program, including information on all other Federal assistance available to such workers. Subtitle B— Trade Adjustment Assistance For Firms SEC. 131. REAUTHORIZATION OF PROGRAM. 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 2003 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.”. Subtitle C— Subtitle C—Trade Adjustment Assistance For Farmers SEC. 141. 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) 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)). “(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 Notice. petition, the Secretary shall promptly publish notice in the Federal Federal Register, publication. 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 and in which the Secretary makes the determination under subsection (c) or (d), as the case may be. “(2) Classes of goods within a commodity.— In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and section 296. “SEC. 293. DETERMINATIONS BY SECRETARY OF AGRICULTURE. “(a) In General.— As soon as practicable after the date on which a petition is filed under section 292, but in any event not later than 40 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 292 (c) or (d), as the case may be, and shall, if the group meets the requirements, issue a certification of eligibility to apply for assistance under this chapter covering agricultural commodity producers in any group that meets the requirements. Each certification shall specify the date on which eligibility under this chapter begins. “(b) Notice.— Upon making a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register, together with the Secretary’s reasons for making the determination. “(c) Termination of Certification.— Whenever the Secretary determines, with respect to any certification of eligibility under this chapter, that the decline in price for the agricultural commodity covered by the certification is no longer attributable to the conditions described in section 292, the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register, together with the Secretary’s reasons for making such determination. SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION. “(a) In General.— Whenever the International Trade Commission (in this chapter referred to as the ‘Commission’) begins an investigation under section 202 with respect to an agricultural commodity, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall immediately conduct a study of— “(1) the number of agricultural commodity producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this chapter, and “(2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs. “(b) Report.— Not later than 15 days after the day on which the Commission makes its report under section 202(f), the Secretary shall submit a report to the President setting forth the findings of the study described in subsection (a). Upon making the report Federal Register, publication. to the President, the Secretary shall also promptly make the report public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of the report published in the Federal Register. “SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS. “(a) In General.— The Secretary shall provide full information to agricultural commodity 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 Publication. 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) Limitations.— “(A) Adjusted gross income.— “(i) 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 the level set forth in section 100ID of the Food Security Act of 1985. “(ii) 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 the level set forth in section 1001D of the Food Security Act of 1985; or “(II) information and documentation regarding the adjusted gross income of the producer through other procedures established by the Secretary. “(B) Counter-cyclical payments.— The total amount of payments made to an agricultural producer under this chapter during any crop year may not exceed the limitation on counter-cyclical payments set forth in section 1001(c) of the Food Security Act of 1985. “(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 II of subchapter B 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 tins chapter— “(1) if the Secretary, or a court of competent jurisdiction, determines that the person— “(A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or “(B) knowingly has failed, or caused another to fail, to disclose a material fact; and “(2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this chapter to which the person was not entitled. “(c) Notice and Determination.— Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determination has become final. “(d) Payment to Treasury.— Any amount recovered under this section shall be returned to the Treasury of the United States. “(e) Penalties.— Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this chapter shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both. “SEC. 298. AUTHORIZATION OF APPROPRIATIONS. “(a) In General.— There are authorized to be appropriated and there are appropriated to the Department of Agriculture not to exceed $90,000,000 for each of the fiscal years 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 19 USC 2401 note. take effect on the date that is 180 days after the date of enactment of this Act. SEC. 142. CONFORMING AMENDMENTS. (a) Judicial review.— (1) Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended— (A) by inserting “an agricultural commodity producer (as defined in section 291(2)) aggrieved by a determination of the Secretary of Agriculture under section 293, ” after “section 251 of this title,"; and (B) in the second sentence of subsection (a) and in subsections (b) and (c), by striking “or the Secretary of Commerce” each place it appears and inserting “, the Secretary of Commerce, or the Secretary of Agriculture”. (b) Chapters 6.— The table of contents for title II of the Trade Act of 1974, as amended by subparagraph (A), is amended by inserting after the items relating to chapter 5 the following: “Chapter 6— Adjustment Assistance for Farmers “Sec. 291. Definitions. “Sec. 292. Petitions; group eligibility. “Sec. 293. Determinations by Secretary 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.”. SEC. 143. STUDY ON TAA FOR FISHERMEN. Not later than 1 year after the date of enactment of this Deadline. Act, the Secretary of Commerce shall conduct a study and report to Congress regarding whether a trade adjustment assistance program is appropriate and feasible for fishermen. For purposes of the preceding sentence, the term “fishermen” means any person who is engaged in commercial fishing or is a United States fish processor. Subtitle D— Effective Date SEC. 151. EFFECTIVE DATE. (a) In General.— Except as otherwise provided in sections 123(c) and 141(b), and subsections (b), (c), and (d) of this section, the amendments made by this division shall apply to 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. (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 of 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.

10. 2004

    Miscellaneous Trade and Technical Corrections Act of 2004

    Pub. L. 108–429 title II § 2004(a)(3) · 118 Stat. 2434

    Changed · 19 U.S.C. § 2346(b)

    Pub. L. 108–429 deemed amendment by Pub. L. 107–210, §111(b), never to have been enacted. See 2002 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–429 deemed amendment by Pub. L. 107–210, §111(b), never to have been enacted. See 2002 Amendment note below.

    Enacted provision · exact public law section
    (3) 19 USC 2346. The amendment made by section 111(b) of the Trade Act of 2002 shall be deemed never to have been enacted.

11. 2007

    Pub. L. 110–89 § 1(b) · 121 Stat. 982

    Inserted · 19 U.S.C. § 2346(b)

    Pub. L. 110–89 inserted “and $4,000,000 for the 3-month period beginning on October 1, 2007,” after “2007,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–89 inserted “and $4,000,000 for the 3-month period beginning on October 1, 2007,” after “2007,”.

    Enacted provision · exact public law section
    (b) Assistance for Firms.— Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by inserting after “2007,” the following: “and $4,000,000 for the 3-month period beginning on October 1, 2007,”.

    Effective date note
    Amendment by Pub. L. 110–89 effective Oct. 1, 2007, see section 1(e) of Pub. L. 110–89, set out as a note under section 2317 of this title.

10 of 13 references resolved to an enrolled provision · 3 partial