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Public Law 107-210
To extend the Andean Trade Preference Act, to grant additional trade benefits under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Trade Act of 2002".
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(2) DIVISION B.-Bipartisan Trade Promotion Authority.
(4) DIVISION D.-Extension of Certain Preferential Trade Treatment and Other Provisions.
(5) DIVISION E.-Miscellaneous Provisions.
(b) TABLE OF CONTENTS.-The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A-TRADE ADJUSTMENT ASSISTANCE
Sec. 101. Short title.
TITLE I-TRADE ADJUSTMENT ASSISTANCE PROGRAM
Subtitle A-Trade Adjustment Assistance For Workers
Sec. 111. Reauthorization of trade adjustment assistance program.
Sec. 112. Filing of petitions and provision of rapid response assistance; expedited review of petitions by secretary of labor.
Sec. 113. Group eligibility requirements.
Sec. 114. Qualifying requirements for trade readjustment allowances.
Sec. 115. Waivers of training requirements.
Sec. 116. Amendments to limitations on trade readjustment allowances.
Sec. 117. Annual total amount of payments for training.
Sec. 118. Provision of employer-based training.
Sec. 119. Coordination with title I of the Workforce Investment Act of 1998.
Sec. 120. Expenditure period.
Sec. 121. Job search allowances.
Sec. 122. Relocation allowances.
Sec. 123. Repeal of NAFTA transitional adjustment assistance program.
Sec. 124. Demonstration project for alternative trade adjustment assistance for
Sec. 125. Declaration of policy; sense of Congress.
Subtitle B-Trade Adjustment Assistance For Firms
Sec. 131. Reauthorization of program.
Subtitle C-Trade Adjustment Assistance For Farmers
Sec. 141. Trade adjustment assistance for farmers.
Aug. 6, 2002 [H.R. 3009]
Trade Act of 2002.
19 USC 3801 note.
TITLE II-CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE
Sec. 201. Credit for health insurance costs of individuals receiving a trade readjustment allowance or a benefit from the Pension Benefit Guaranty Corporation. Sec. 202. Advance payment of credit for health insurance costs of eligible individuals.
Sec. 203. Health insurance assistance for eligible individuals.
TITLE III-CUSTOMS REAUTHORIZATION
Sec. 301. Short title.
Subtitle A-United States Customs Service
CHAPTER 1—DRUG ENFORCEMENT AND OTHER NONCOMMERCIAL AND COMMERCIAL
Sec. 311. Authorization of appropriations for noncommercial operations, commercial
Sec. 313. Compliance with performance plan requirements.
CHAPTER 2-CHILD CYBER-SMUGGLING CENTER OF THE CUSTOMS SERVICE Sec. 321. Authorization of appropriations for program to prevent child pornography/ child sexual exploitation.
CHAPTER 3-MISCELLANEOUS PROVISIONS
Sec. 331. Additional Customs Service officers for United States-Canada Border.
Sec. 334. Establishment and implementation of cost accounting system; reports.
Sec. 336. Study and report relating to customs user fees.
Sec. 337. Fees for customs inspections at express courier facilities.
Sec. 338. National Customs Automation Program.
Sec. 339. Authorization of appropriations for customs staffing.
CHAPTER 4-ANTITERRORISM PROVISIONS
Sec. 341. Immunity for United States officials that act in good faith.
Sec. 342. Emergency adjustments to offices, ports of entry, or staffing of the customs service.
Sec. 343. Mandatory advanced electronic information for cargo and other improved Customs reporting procedures.
Sec. 343A. Secure systems of transportation.
Sec. 344. Border search authority for certain contraband in outbound mail. Sec. 345. Authorization of appropriations for reestablishment of customs operations in New York City.
CHAPTER 5-TEXTILE TRANSSHIPMENT PROVISIONS
Sec. 351. GAO audit of textile transshipment monitoring by Customs Service.
Sec. 353. Implementation of the African Growth and Opportunity Act.
Subtitle B-Office of the United States Trade Representative
Sec. 361. Authorization of appropriations.
Subtitle C-United States International Trade Commission
Sec. 371. Authorization of appropriations.
Subtitle D-Other trade provisions
Sec. 381. Increase in aggregate value of articles exempt from duty acquired abroad by United States residents.
Sec. 382. Regulatory audit procedures.
Sec. 383. Payment of duties and fees.
DIVISION B-BIPARTISAN TRADE PROMOTION AUTHORITY
TITLE XXI-TRADE PROMOTION AUTHORITY
Sec. 2101. Short title and findings.
Sec. 2102. Trade negotiating objectives.
Sec. 2103. Trade agreements authority.
Sec. 2104. Consultations and assessment.
Sec. 2105. Implementation of trade agreements.
Sec. 2106. Treatment of certain trade agreements for which negotiations have already begun.
Sec. 2107. Congressional Oversight Group.
Sec. 2108. Additional implementation and enforcement requirements.
Sec. 2110. Conforming amendments.
Sec. 2111. Report on impact of trade promotion authority.
Sec. 2112. Interests of small business.
Sec. 2113. Definitions.
DIVISION C-ANDEAN TRADE PREFERENCE ACT
TITLE XXXI-ANDEAN TRADE PREFERENCE
Sec. 3101. Short title.
Sec. 3102. Findings.
Sec. 3103. Articles eligible for preferential treatment.
Sec. 3104. Termination.
Sec. 3105. Report on Free Trade Agreement with Israel.
Sec. 3106. Modification of duty treatment for tuna.
Sec. 3107. Trade benefits under the caribbean basin economic recovery act.
DIVISION D-EXTENSION OF CERTAIN PREFERENTIAL TRADE TREATMENT
TITLE XLI-EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES
Sec. 4101. Extension of generalized system of preferences.
Sec. 4102. Amendments to generalized system of preferences.
Sec. 5201. Fund for WTO dispute settlements.
Sec. 5202. Certain steam or other vapor generating boilers used in nuclear facilities.
Sec. 5203. Sugar tariff-rate quota circumvention.
DIVISION A-TRADE ADJUSTMENT
SEC. 101. SHORT TITLE.
This division may be cited as the "Trade Adjustment Assistance Reform Act of 2002".
Reform Act of
19 USC 2101 note.
19 USC note prec. 2271.
TITLE I-TRADE ADJUSTMENT
Subtitle A-Trade Adjustment Assistance
SEC. 111. REAUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE
(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 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 onestop 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