ESTABLISHMENT OF NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM.

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 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.— 107 STAT. 2150 “(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 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. “(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 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 subchapter; and “(B) notwithstanding the provisions of section 233(b), in order for a worker to qualify for trade readjustment 107 STAT. 2151allowances 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 subcnapters 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).”.