TRADE ACT OF 2002

(Continued)
 

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 ofan 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 WORK FORCE 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 19 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 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)(1) 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.