[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3352 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3352

To establish a transitional program of adjustment assistance to workers 
  adversely affected by the implementation of the North American Free 
                Trade Agreement, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 1993

    Mr. Gibbons (for himself, Mr. Matsui, Mr. Andrews of Texas, Mr. 
Kopetski, Mr. Jefferson, Mr. Richardson, Mr. Coleman, Mr. Chapman, and 
 Mr. Baesler) introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To establish a transitional program of adjustment assistance to workers 
  adversely affected by the implementation of the North American Free 
                Trade Agreement, 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 ``NAFTA Worker Security Act of 1993''.

SEC. 2. 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 subsection (b) if the Secretary determines that 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 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.--
            ``(1) Filing of petitions.--A petition for certification of 
        eligibility to apply for adjustment assistance under this 
        subchapter 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 statement of the finding under clause (i) and 
                        reasons therefor, 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 
        criteria, the Secretary, subject to paragraph (3), shall issue 
        to workers covered by the petition 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.
            ``(3) Covered workers.--A certification issued under 
        paragraph (1) shall not apply to any worker whose last total or 
        partial separation from the firm or subdivision occurred before 
        January 1, 1994.
    ``(d) Comprehensive Assistance.--Workers covered by certification 
issued by the Secretary under subsection (c) shall be provided, 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 
        notwithstanding the provisions of section 236(a)(2)(A), the 
        total amount of payments for training under this subchapter 
        between January 1, 1994, and June 30, 1995, shall not exceed 
        $45,000,000.
            ``(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 subchapter; and
                    ``(B) notwithstanding the provisions of section 
                233(b), a worker shall be enrolled in a training 
                program approved by the Secretary under section 236(a) 
                by the end of the 16th week of such worker's initial 
                unemployment compensation benefit period in order for 
                such worker to qualify for trade readjustment 
                allowances under this subchapter.
            ``(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 the 
provision of relevant data by the Secretary to assist the States in 
making preliminary findings under subsection (b).''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) References.--Sections 221(a), 222(a), and 223(a) of the Trade 
Act of 1974 are each amended by striking out ``chapter'' and inserting 
``subchapter''.
    (b) Benefit Information.--Section 225(b) of the Trade Act of 1974 
is amended by inserting ``or subchapter D'' after ``subchapter A'' in 
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 of the Trade Act of 1974 is 
amended by inserting ``or section 250(c)'' after ``section 223''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 245 of the Trade Act of 1974 is amended by--
            (1) inserting ``(a)'' before ``There'',
            (2) inserting ``, except for subchapter D'' after 
        ``chapter'', and
            (3) inserting the following new subsection at the end:
    ``(b) There are authorized to be appropriated to the Department of 
Labor, for each of fiscal years 1994 and 1995, such sums as may be 
necessary to carry out subchapter D of this chapter.''.

SEC. 5. TERMINATION OF TRANSITIONAL PROGRAM.

    Section 285(c) of the Trade Act of 1974 is amended--
            (1) by striking ``No'' and inserting ``(1) Except as 
        provided in paragraph (2), no''; and
            (2) by inserting the following new paragraph at the end 
        thereof:
    ``(2) No assistance, vouchers, allowances, or other payments may be 
provided under subchapter D of chapter 2 after June 30, 1995.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by sections 2, 3, 4, and 5 take effect on the 
date the North American Free Trade Agreement enters into force.

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