TRADE ACT OF 2002
DIVISION A
TRADE
ADJUSTMENT ASSISTANCE |
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Trade Adjustment Assistance Reform Act of 2002’’.
TITLE I—TRADE ADJUSTMENT
ASSISTANCE PROGRAM
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Subtitle A—Trade Adjustment Assistance For Workers
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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 benefits under
chapter 6; and
‘‘(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
15
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 competi tive
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); and
(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
1of 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 ‘‘this 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 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
23 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.’’.
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