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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


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 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 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); 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.—Sec
tion 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.’’.
 

To Continue with: SEC. 117. ANNUAL TOTAL AMOUNT OF
                             PAYMENTS FOR TRAINING.
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