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Public Law 107-210 107th Congress

An Act

To extend the Andean Trade Preference Act, to grant additional trade benefits

under that Act, and for other purposes.

Aug. 6, 2002 (H.R. 3009)

Trade Act of
2002.
19 USC 3801
note.

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.
(a) DIVISIONS.—This Act is organized into 5 divisions as follows:

(1) DIVISION A.—Trade Adjustment Assistance.
(2) DIVISION B.—Bipartisan Trade Promotion Authority.
(3) DIVISION C.-Andean Trade Preference Act.

(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

older workers. Sec. 125. Declaration of policy; sense of Congress.

Subtitle B_Trade Adjustment Assistance For Firms Sec. 131. Reauthorizatiun of program.

Subtitle C—Trade Adjustment Assistance For Farmers Sec. 141. Trade adjustment assistance for farmers.

Sec. 142. Conforming amendments.
Sec. 143. Study on TAA for fishermen.

Subtitle D—Effective Date
Sec. 151. Effective date.
TITLE II—CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE

INDIVIDUALS
Sec. 201. Credit for health insurance costs of individuals receiving a trade readjust-

ment allowance or a benefit from the Pension Benefit Guaranty Cor

poration. Sec. 202. Advance payment of credit for health insurance costs of eligible individ

uals. 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

OPERATIONS Sec. 311. Authorization of appropriations for noncommercial operations, commercial

operations, and air and marine interdiction. Sec. 312. Antiterrorist and illicit narcotics detection equipment for the United

States-Mexico border, United States-Canada border, and Florida and the

Gulf Coast seaports.
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. 332. Study and report relating to personnel practices of the Customs Service. Sec. 333. Study and report relating to accounting and auditing procedures of the

Customs Service. Sec. 334. Establishment and implementation of cost accounting system; reports. Sec. 335. Study and report relating to timeliness of prospective rulings. 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 cus

toms 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. 352. Authorization of appropriations for textile transshipment enforcement op

erations. 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 al-

ready begun.
Sec. 2107. Congressional Oversight Group.
Sec. 2108. Additional implementation and enforcement requirements.
Sec. 2109. Committee staff.

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.
Sec. 3108. Trade benefits under the African Growth and Opportunity 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.

DIVISION E-MISCELLANEOUS PROVISIONS

TITLE L-MISCELLANEOUS TRADE BENEFITS

Subtitle A-Wool Provisions
Sec. 5101. Wool provisions.
Sec. 5102. Duty suspension on wool.

Subtitle B-Other Provisions
Sec. 5201. Fund for WTO dispute settlements.
Sec. 5202. Certain steam or other vapor generating boilers used in nuclear facili-

ties.
Sec. 5203. Sugar tariff-rate quota circumvention.

DIVISION A-TRADE ADJUSTMENT

ASSISTANCE

Trade Adjustment Assistance Reform Act of 2002. 19 USC 2101 note.

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

19 USC note prec. 2271.

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

a 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) ÈXCEPTION.-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 SEC

RETARY 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

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