H. R. 3450—93
TITLE 
V—NAFTA 
TRANSITIONAL 
AD-
JUSTMENT ASSISTANCE AND OTHER
PROVISIONS
Subtitle A—NAFTA Transitional
Adjustment Assistance Program
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ‘‘NAFTA Worker Security
Act’’.
SEC. 502. ESTABLISHMENT OF NAFTA TRANSITIONAL ADJUSTMENT
ASSISTANCE PROGRAM.
Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C.
2271 et seq.) is amended by adding at the end the following new
subchapter:
‘‘Subchapter D—NAFTA Transitional Adjustment Assistance
Program
‘‘SEC. 250. ESTABLISHMENT OF TRANSITIONAL PROGRAM.
‘‘(a) GROUP ELIGIBILITY REQUIREMENTS.—
‘‘(1) CRITERIA.—A group of workers (including workers in
any agricultural firm or subdivision of an agricultural firm)
shall be certified as eligible to apply for adjustment assistance
under this subchapter pursuant to a petition filed under sub-
section (b) if the Secretary determines that a significant number
or proportion of the workers in such workers’ firm or an appro-
priate subdivision of the firm have become totally or partially
separated, or are threatened to become totally or partially
separated, and either—
‘‘(A) that—
‘‘(i) the sales or production, or both, of such firm
or subdivision have decreased absolutely,
‘‘(ii) imports from Mexico or Canada of articles
like or directly competitive with articles produced by
such firm or subdivision have increased, and
‘‘(iii) the increase in imports under 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) that there has been a shift in production by such
workers’ firm or subdivision to Mexico or Canada of articles
like or directly competitive with articles which are produced
by the firm or subdivision.
‘‘(2) DEFINITION OF CONTRIBUTED IMPORTANTLY.—The term
‘contributed importantly’, as used in paragraph (1)(A)(iii),
means a cause which is important but not necessarily more
important than any other cause.
‘‘(3) REGULATIONS.—The Secretary shall issue regulations
relating to the application of the criteria described in paragraph
(1) in making preliminary findings under subsection (b) and
determinations under subsection (c).
‘‘(b) PRELIMINARY FINDINGS AND BASIC ASSISTANCE.—
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H. R. 3450—94
‘‘(1) FILING OF PETITIONS.—A petition for certification of
eligibility to apply for adjustment assistance under this sub-
chapter may be filed by a group of workers (including workers
in any agricultural firm or subdivision of an agricultural firm)
or by their certified or recognized union or other duly authorized
representative with the Governor of the State in which such
workers’ firm or subdivision thereof is located.
‘‘(2) FINDINGS AND ASSISTANCE.—Upon receipt of a petition
under paragraph (1), the Governor shall—
‘‘(A) notify the Secretary that the Governor has
received the petition;
‘‘(B) within 10 days after receiving the petition—
‘‘(i) make a preliminary finding as to whether the
petition meets the criteria described in subsection (a)(1)
(and for purposes of this clause the criteria described
under subparagraph (A)(iii) of such subsection shall
be disregarded), and
‘‘(ii) transmit the petition, together with a state-
ment of the finding under clause (i) and reasons there-
for, to the Secretary for action under subsection (c);
and
‘‘(C) if the preliminary finding under subparagraph
(B)(i) is affirmative, ensure that rapid response and basic
readjustment services authorized under other Federal law
are made available to the workers.
‘‘(c) REVIEW OF PETITIONS BY SECRETARY; CERTIFICATIONS.—
‘‘(1) IN
GENERAL.—The Secretary, within 30 days after
receiving a petition under subsection (b), shall determine
whether the petition meets the criteria described in subsection
(a)(1). Upon a determination that the petition meets such cri-
teria, the Secretary shall issue to workers covered by the peti-
tion a certification of eligibility to apply for assistance described
in subsection (d).
‘‘(2) DENIAL OF CERTIFICATION.—Upon denial of certification
with respect to a petition under paragraph (1), the Secretary
shall review the petition in accordance with the requirements
of subchapter A to determine if the workers may be certified
under such subchapter.
‘‘(d) COMPREHENSIVE ASSISTANCE.—Workers covered by certifi-
cation issued by the Secretary under subsection (c) shall be pro-
vided, in the same manner and to the same extent as workers
covered under a certification under subchapter A, the following:
‘‘(1) Employment services described in section 235.
‘‘(2) Training described in section 236, except that notwith-
standing the provisions of section 236(a)(2)(A), the total amount
of payments for training under this subchapter for any fiscal
year shall not exceed $30,000,000.
‘‘(3) Trade readjustment allowances described in sections
231 through 234, except that—
‘‘(A) the provisions of sections 231(a)(5)(C) and 231(c),
authorizing the payment of trade readjustment allowances
upon a finding that it is not feasible or appropriate to
approve a training program for a worker, shall not be
applicable to payment of such allowances under this sub-
chapter; and
‘‘(B) notwithstanding the provisions of section 233(b),
in order for a worker to qualify for trade readjustment
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H. R. 3450—95
allowances under this subchapter, the worker shall be
enrolled in a training program approved by the Secretary
under section 236(a) by the later of—
‘‘(i) the last day of the 16th week of such worker’s
initial unemployment compensation benefit period, or
‘‘(ii) the last day of the 6th week after the week
in which the Secretary issues a certification covering
such worker.
In cases of extenuating circumstances relating to enrollment
in a training program, the Secretary may extend the time
for enrollment for a period not to exceed 30 days.
‘‘(4) Job search allowances described in section 237.
‘‘(5) Relocation allowances described in section 238.
‘‘(e) ADMINISTRATION.—The provisions of subchapter C shall
apply to the administration of the program under this subchapter
in the same manner and to the same extent as such provisions
apply to the administration of the program under subchapters A
and B, except that the agreement between the Secretary and the
States described in section 239 shall specify the procedures that
will be used to carry out the certification process under subsection
(c) and the procedures for providing relevant data by the Secretary
to assist the States in making preliminary findings under subsection
(b).’’.
SEC. 503. CONFORMING AMENDMENTS.
(a) REFERENCES.—Sections 221(a), 222(a), and 223(a) of the
Trade Act of 1974 (19 U.S.C. 2271(a), 2272(a), and 2273(a)) are
each amended by striking out ‘‘assistance under this chapter’’ and
inserting ‘‘assistance under this subchapter’’.
(b) BENEFIT INFORMATION.—Section 225(b) of the Trade Act
of 1974 (19 U.S.C. 2275(b)) is amended by inserting ‘‘or subchapter
D’’ after ‘‘subchapter A’’ each place it appears.
(c) NONDUPLICATION OF ASSISTANCE.—Subchapter C of chapter
2 of title II of the Trade Act of 1974 is amended by adding at
the end the following new section:
‘‘SEC. 249A. NONDUPLICATION OF ASSISTANCE.
‘‘No worker may receive assistance relating to a separation
pursuant to certifications under both subchapters A and D of this
chapter.’’.
(d) JUDICIAL REVIEW.—Section 284(a) of the Trade Act of 1974
(19 U.S.C. 2395(a)) is amended by inserting ‘‘or section 250(c)’’
after ‘‘section 223’’.
(e) TABLE OF CONTENTS.—The table of contents for chapter
2 of title II of the Trade Act of 1974 is amended—
(1) by inserting after the item relating to section 249 the
following new item:
‘‘Sec. 249A. Nonduplication of assistance.’’;
and
(2) by adding at the end thereof the following new items:
‘‘SUBCHAPTER D—NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM
‘‘Sec. 250. Establishment of transitional program.’’.
SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is
amended—
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H. R. 3450—96
(1) by striking ‘‘There’’ and inserting ‘‘(a) IN GENERAL.—
There’’,
(2) by inserting ‘‘, other than subchapter D’’ after ‘‘chapter’’,
and
(3) by adding at the end the following new subsection:
‘‘(b) SUBCHAPTER D.—There are authorized to be appropriated
to the Department of Labor, for each of fiscal years 1994, 1995,
1996, 1997, and 1998, such sums as may be necessary to carry
out the purposes of subchapter D of this chapter.’’.
SEC. 505. TERMINATION OF TRANSITION PROGRAM.
Subsection (c) of section 285 of the Trade Act of 1974 (19
U.S.C. 2271 preceding note) is amended—
(1) by striking ‘‘No’’ and inserting ‘‘(1) Except as provided
in paragraph (2), no’’; and
(2) by adding at the end the following new paragraph:
‘‘(2)(A) Except as provided in subparagraph (B), no assistance,
vouchers, allowances, or other payments may be provided under
subchapter D of chapter 2 after the day that is the earlier of—
‘‘(i) September 30, 1998, or
‘‘(ii) the date on which legislation, establishing a program
providing dislocated workers with comprehensive assistance
substantially similar to the assistance provided by such sub-
chapter D, becomes effective.
‘‘(B) Notwithstanding subparagraph (A), if, on or before the
day described in subparagraph (A), a worker—
‘‘(i) is certified as eligible to apply for assistance, under
subchapter D of chapter 2; and
‘‘(ii) is otherwise eligible to receive assistance in accordance
with section 250,
such worker shall continue to be eligible to receive such assistance
for any week for which the worker meets the eligibility requirements
of such section.’’.
SEC. 506. EFFECTIVE DATE.
(a) IN GENERAL.—The amendments made by sections 501, 502,
503, 504, and 505 shall take effect on the date the Agreement
enters into force with respect to the United States.
(b) COVERED WORKERS.—
(1) GENERAL RULE.—Except as provided in paragraph (2),
no worker shall be certified as eligible to receive assistance
under subchapter D of chapter 2 of title II of the Trade Act
of 1974 (as added by this subtitle) whose last total or partial
separation from a firm (or appropriate subdivision of a firm)
occurred before such date of entry into force.
(2) REACHBACK.—Notwithstanding paragraph (1), any
worker—
(A) whose last total or partial separation from a firm
(or appropriate subdivision of a firm) occurs—
(i) after the date of the enactment of this Act,
and
(ii) before such date of entry into force, and
(B) who would otherwise be eligible to receive assist-
ance under subchapter D of chapter 2 of title II of the
Trade Act of 1974,
shall be eligible to receive such assistance in the same manner
as if such separation occurred on or after such date of entry
into force.
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