subsistence and transportation expenses at levels exceeding "(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 Deadlines. 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 99-194 O-03-6: QL 3 Part 2 19 USC 2395. 19 USC 2331 note. 19 USC 2318. Deadline. "(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 (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 (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.— 19 USC 2271 note. "(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. Subtitle B-Trade Adjustment Assistance 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-Trade Adjustment Assistance 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 petition, the Secretary shall promptly publish notice in the Federal 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 19 USC 2401. 19 USC 2401a. Notice. |