I
106TH CONGRESS
1ST SESSION
H. R. 1491
To amend the Trade Act of 1974 to consolidate and enhance the trade
adjustment assistance and NAFTA transitional adjustment assistance
programs under that Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 20, 1999
Mr. MATSUI (for himself, Mr. BONIOR, Mr. BENTSEN, and Mr. BECERRA) in-
troduced the following bill; which was referred to the Committee on Ways
and Means
A BILL
To amend the Trade Act of 1974 to consolidate and enhance
the trade adjustment assistance and NAFTA transitional
adjustment assistance programs under that Act, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Trade Adjustment As-
sistance Reform Act of 1999’’.
SEC. 2. AUTHORIZATION OF CONSOLIDATED TRADE AD-
JUSTMENT ASSISTANCE.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
245 of the Trade Act of 1974 (19 U.S.C. 2317) is amend-
ed to read as follows:
‘‘SEC. 245. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the De-
partment of Labor for each of the fiscal years 1999
through 2004 such sums as may be necessary to carry
out the purposes of this chapter.’’.
(b) REPEAL
OF NAFTA TRANSITIONAL ADJUST-
MENT ASSISTANCE PROGRAM.—
(1) IN GENERAL.—Subchapter D of chapter 2
of title II of such Act (19 U.S.C. 2331) is hereby
repealed.
(2) CONFORMING AMENDMENTS.—(A) Section
249A of such Act (19 U.S.C. 2322) is hereby re-
pealed.
(B) The table of contents of such Act is
amended—
(i) by striking the item relating to section
249A; and
(ii) by striking the items relating to sub-
chapter D of chapter 2 of title II.
(c) TERMINATION.—Section 285(c) of such Act (19
U.S.C. 2271 note) is amended to read as follows:
‘‘(c) No assistance, vouchers, allowances, or other
payments may be provided under chapter 2, and no tech-
nical assistance may be provided under chapter 3, after
September 30, 2004.’’.
SEC. 3. 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 with the Governor of the
State in which such workers’ firm or subdivision is located
by the following:
‘‘(A) The group of workers (including workers
in an agricultural firm or subdivision of any agricul-
tural firm).
‘‘(B) The certified or recognized union or other
duly authorized representative of such workers.
‘‘(C) Employers of such workers, one-stop ca-
reer centers, or State employment agencies, on be-
half of such workers.
‘‘(2) Upon receipt of a petition filed under paragraph
(1), the Governor—
‘‘(A) shall immediately transmit the petition to
the Secretary of Labor (hereinafter in this chapter
referred to as the ‘Secretary’);
‘‘(B) shall ensure that rapid response assistance
and basic readjustment services authorized under
other Federal laws are made available to the workers
covered by the petition to the extent authorized
under such laws; and
‘‘(C) shall assist the Secretary in the review of
the petition by verifying such information and pro-
viding 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 inves-
tigation.’’.
(b) EXPEDITED REVIEW
OF PETITIONS
BY SEC-
RETARY
OF LABOR.—Section 223(a) of such Act (19
U.S.C. 2273(a)) is amended in the first sentence by strik-
ing ‘‘60 days’’ and inserting ‘‘40 days’’.
‘‘(B) there has been a shift in production by
such workers’ firm or subdivision to a foreign coun-
try of articles like or directly competitive with arti-
cles which are produced by such firm or subdivi-
sion.’’.
SEC. 5. INFORMATION ON CERTAIN CERTIFICATIONS.
Section 223 of the Trade Act of 1974 (19 U.S.C.
2273) is amended by adding at the end the following sub-
section:
‘‘(e) The Secretary shall collect and maintain
information—
‘‘(1) identifying the countries to which firms
have shifted production resulting in certifications
under section 222(a)(2)(B), including the number of
such certifications relating to each country; and
‘‘(2) to the extent feasible, identifying the coun-
tries from which imports of articles have resulted in
certifications under section 222(a)(2)(A), including
the number of such certifications relating to each
country.’’.
SEC. 6. ENROLLMENT IN TRAINING REQUIREMENT.
Section 231(a)(5)(A) of the Trade Act of 1974 (19
U.S.C. 2291(a)(5)(A)) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(A)’’;
(2) by adding ‘‘and’’ after the comma at the
end; and
(3) by adding at the end the following:
‘‘(ii) the enrollment required under clause
(i) occurs no later than the latest of—
‘‘(I) the last day of the 16th week
after the worker’s most recent total sepa-
ration from adversely affected employment
which meets the requirements of para-
graphs (1) and (2);
‘‘(II) the last day of the 8th week
after the week in which the Secretary
issues a certification covering the worker;
or
‘‘(III) 45 days after the later of the
dates specified in subclause (I) or (II), if
the Secretary determines there are extenu-
ating circumstances that justify an exten-
sion in the enrollment period;’’.
SEC. 7. WAIVERS OF TRAINING REQUIREMENTS.
(a) IN GENERAL.—Section 231(c) of the Trade Act
of 1974 (19 U.S.C. 2291(c)) is amended to read as fol-
lows:
‘‘(c)(1) The Secretary may issue a written statement
to a worker waiving the enrollment in training require-
ment of subsection (a)(5)(A) if the Secretary determines
that such training requirement is not feasible or appro-
priate for the worker, as indicated by 1 or more of the
following:
‘‘(A) The worker has been notified that the
worker will be recalled by the firm from which the
qualifying separation occurred.
‘‘(B) The worker has marketable skills as deter-
mined pursuant to an assessment of the worker,
which may include the profiling system under section
303(j) of the Social Security Act (42 U.S.C. 503(j)),
carried out in accordance with guidelines issued by
the Secretary.
‘‘(C) The worker is within 2 years of meeting
all requirements for entitlement to old-age insurance
benefits under title II of the Social Security Act (42
U.S.C. 401 et seq.) (except for application therefor).
‘‘(D) The worker is unable to participate in
training due to health of the worker, except that a
waiver under this subparagraph shall not be con-
strued to exempt a worker from requirements relat-
ing to the availability for work, active search for
work, or refusal to accept work under Federal or
State unemployment compensation laws.
‘‘(E) The first available enrollment date for the
approved training of the worker is within 45 days
after the date of the determination made under this
paragraph, or, if later, there are extenuating cir-
cumstances for the delay in enrollment, as deter-
mined pursuant to guidelines issued by the Sec-
retary.
‘‘(F) There are insufficient funds available for
training under this chapter, taking into account the
limitation under section 236(a)(2)(A).
‘‘(G) The duration of training appropriate for
the individual to obtain suitable employment exceeds
the individual’s maximum entitlement to basic and
additional trade readjustment allowances and, in ad-
dition, financial support available through other
Federal or State programs, including title III of the
Job Training Partnership Act (29 U.S.C. 1651 et
seq.) or chapter 5 of subtitle B of title I of the
Workforce Investment Act of 1998, that would en-
able the individual to complete a suitable training
program cannot be assured.
‘‘(2) The Secretary shall specify the duration of the
waiver under paragraph (1) and shall periodically review
the waiver to determine whether the basis for issuing the
waiver remains applicable. If at any time the Secretary
determines such basis is no longer applicable to the work-
er, the Secretary shall revoke the waiver.
‘‘(3) Pursuant to the agreement under section 239,
the Secretary may authorize the State or State agency to
carry out activities described in paragraph (1) (except for
the determination under subparagraphs (F) and (G) of
paragraph (1)). Such agreement shall include a require-
ment that the State or State agency submit to the Sec-
retary the written statements provided pursuant to para-
graph (1) and a statement of the reasons for the waiver.
‘‘(4) The Secretary shall submit an annual report to
the Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Representa-
tives identifying the number of workers who received waiv-
ers and the average duration of such waivers issued under
this subsection during the preceding year.’’.
(b) 
CONFORMING
AMENDMENT.—Section
231(a)(5)(C) of such Act (19 U.S.C. 2291(a)(5)(C)) is
amended by striking ‘‘certified’’.
SEC. 8. PROVISION OF TRADE READJUSTMENT ALLOW-
ANCES DURING BREAKS IN TRAINING.
Section 233(f) of the Trade Act of 1974 (19 U.S.C.
2293(f)) is amended in the matter preceding paragraph
(1) by striking ‘‘14 days’’ and inserting ‘‘30 days’’.
of title I of the Workforce Investment Act of 1998,
as the case may be,’’; and
(2) by inserting after the first sentence the fol-
lowing: ‘‘Such coordination shall include common re-
porting systems and elements, including common
elements relating to participant data and perform-
ance outcomes (including employment, retention of
employment, and wages).’’.
SEC. 12. SUPPORTIVE SERVICES.
(a) IN GENERAL.—Part II of subchapter B of chap-
ter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2295
et seq.) is amended by adding at the end the following:
‘‘SEC. 238A. SUPPORTIVE SERVICES.
‘‘(a) APPLICATION.—Any adversely affected worker
covered by a certification under subchapter A of this chap-
ter may file an application with the Secretary for the pro-
vision of supportive services, including transportation,
child and dependent care, and other similar services.
‘‘(b) CONDITIONS.—The Secretary may approve an
application filed under subsection (a) and provide sup-
portive services to an adversely affected worker only if the
Secretary determines that—
‘‘(1) the provision of such services is necessary
to enable the worker to participate in or complete
training; and
‘‘(2) the provision of such services is consistent
with the provision of supportive services to partici-
pants under the employment and training assistance
for dislocated workers program under title III of the
Job Training Partnership Act (29 U.S.C. 1651 et
seq.), as in effect on the date of the enactment of
the Trade Adjustment Assistance Reform Act of
1999, or under the provisions relating to dislocated
worker employment and training activities under
chapter 5 of subtitle B of title I of the Workforce
Investment Act of 1998, as the case may be.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the item
relating to section 238 the following:
‘‘Sec. 238A. Supportive services.’’.
SEC. 13. ADDITIONAL CONFORMING AMENDMENTS.
(a) SECTION 225.—Section 225(b) of the Trade Act
of 1974 (19 U.S.C. 2275(b)) is amended in each of para-
graphs (1) and (2) by striking ‘‘or subchapter D’’.
(b) SECTION 240.—Section 240(a) of such Act (19
U.S.C. 2312(a)) is amended by striking ‘‘subchapter B
of’’.
SEC. 14. AVAILABILITY OF CONTINGENCY FUNDS.
Section 245 of the Trade Act of 1974 (19 U.S.C.
2317), as amended by this Act, is further amended—
(1) by striking ‘‘There are authorized’’ and in-
serting ‘‘(a) IN GENERAL.—There are authorized’’;
and
(2) by adding at the end the following:
‘‘(b) CONTINGENCY FUNDS.—Subject to the limita-
tion contained in section 236(a)(2), if in any fiscal year
the funds available to carry out the programs under this
chapter are exhausted, there shall be made available from
funds in the Treasury not otherwise appropriated amounts
sufficient to carry out such programs for the remainder
of the fiscal year.’’.
SEC. 15. REAUTHORIZATION OF ADJUSTMENT ASSISTANCE
FOR FIRMS.
Section 256(b) of the Trade Act of 1974 (19 U.S.C.
2346(b)) is amended by striking ‘‘and 1998’’ and inserting
‘‘1998, 1999, and 2000 through 2004’’.
SEC. 16. PRESIDENTIAL COMMISSION ON WORKERS AND
ECONOMIC CHANGE IN THE NEW ECONOMY.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Presidential Commission on
Workers and Economic Change in the New Economy’’ (in
this section referred to as the ‘‘Commission’’).
(b) DUTIES.—
(1) STUDY.—The Commission shall conduct a
thorough study of matters relating to economic dis-
location and worker adjustment to such dislocations.
(2) CONDUCT OF STUDY.—In carrying out the
study under paragraph (1), the Commission shall
examine—
(A) the impact of trade, technology, and
the changing nature of work organizations on
workers and the economy, including worker dis-
locations resulting from these factors;
(B) the effectiveness of existing education
and job training programs at the Federal level
in assisting workers in adjusting to economic
change, including the adequacy of the design of
such programs and resources devoted to such
programs;
(C) the strategies for providing workplace
education and training to assist workers in ac-
quiring new skills;
(D) the role of public-private partnerships
in implementing worker education and training;
and
(E) the role of income support and eco-
nomic security programs in facilitating worker
adjustment in rapidly changing economic cir-
cumstances.
(c) MEMBERSHIP.—The Commission shall be com-
posed of 15 members appointed by the President. The
members of the Commission shall include individuals who
are—
(1) Members of Congress;
(2) workforce development professionals;
(3) educators;
(4) heads of appropriate State agencies;
(5) business leaders; and
(6) representatives of labor organizations who
are nominated by a national labor federation.
(d) POWERS
AND PERSONNEL.—The Commission
shall have such general powers and authority with respect
to personnel matters in the same manner and to the same
extent as the general powers and authority with respect
to personnel matters provided to the Twenty-First Cen-
tury Workforce Commission under sections 336 and 337
of the Workforce Investment Act of 1998.
(e) REPORT.—Not later than 18 months after the
first meeting of the Commission, the Commission shall
prepare and submit to the President and the Congress a
report that contains—
(1) a detailed statement of the findings and
conclusions of the Commission relating to the study
carried out under subsection (b);
(2) a compendium of best practices and policies
carried out by employers and public-private partner-
ships in providing workers with the education and
training needed to effectively adjust to economic
change; and
(3) any recommendations relating to legislative
and administrative actions that the Commission de-
termines to be appropriate.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal year 2000.
SEC. 17. EFFECTIVE DATE; TRANSITION PROVISION.
(a) EFFECTIVE DATE.—This Act, and the amend-
ments made by this Act, shall take effect on the date of
the enactment of this Act.
(b) TRANSITION.—The Secretary of Labor is author-
ized to establish such rules as the Secretary determines
to be appropriate to provide for an orderly transition from
the provisions of law amended or repealed by this Act.
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