Pub. L. 100-418, tit. I, subtit. D, pt. 3, sec. 1423
CASH ASSISTANCE FOR WORKERS.
SEC. 1423. CASH ASSISTANCE FOR WORKERS. (a) Participation in Training Program Required.— (1) Paragraph (5) of section 231(a) of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)) is amended to read as follows: “(5) Such worker— “(A) is enrolled in a training program approved by the Secretary under section 236(a), “(B) has, after the date on which the worker became totally separated, or partially separated, from the adversely affected employment, completed a training program approved by the Secretary under section 236(a), or “(C) has received a written statement certified under subsection (c)(1) after the date described in subparagraph (B).”. (2) Subsection (b) of section 231 of the Trade Act of 1974 (19 U.S.C. 2291(b)) is amended to read as follows: “(b) (1) If— “(A) the Secretary determines that— 102 STAT. 1245 “(i) the adversely affected worker— “(I) has failed to begin participation in the training program the enrollment in which meets the requirement of subsection (a)(5), or “(II) has ceased to participate in such training program before completing such training program, and “(ii) there is no justifiable cause for such failure or cessation, or “(B) the certification made with respect to such worker under subsection (c)(1) is revoked under subsection (c)(2), no trade readjustment allowance may be paid to the adversely affected worker under this part for the week in which such failure, cessation, or revocation occurred, or any succeeding week, until the adversely affected worker begins or resumes participation in a training program approved under section 236(a). “(2) The provisions of subsection (a)(5) and paragraph (1) shall not apply with respect to any week of unemployment which begins— “(A) after the date that is 60 days after the date on which the petition that results in the certification that covers the worker is filed under section 221, and “(B) before the first week following the week in which such certification is made under subchapter (A).”. (3) Subsection (c) of section 231 of the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended to read as follows: “(c) (1) (A) If the Secretary finds that it is not feasible or appropriate to approve a training program for a worker under section 236(a), the Secretary shall submit to such worker a written statement certifying such finding. “(B) If a State or State agency has an agreement with the Secretary under section 239 and the State or State agency finds that it is not feasible or appropriate to approve a training program for a worker pursuant to the requirements of section 236(a), the State or State agency shall— “(i) submit to such worker a written statement certifying such finding, and “(ii) submit to the Secretary a written statement certifying such finding and the reasons for such finding. “(2) (A) If, after submitting to a worker a written statement certified under paragraph (1)(A), the Secretary finds that it is feasible or appropriate to approve a training program for such worker under section 236(a), the Secretary shall submit to such worker a written statement that revokes the certification made under paragraph (1)(A) with respect to such worker. “(B) If, after submitting to a worker a written statement certified under paragraph (1)(B), a State or State agency finds that it is feasible or appropriate to approve a training program for such worker pursuant to the requirements of section 236(a), the State or State agency shall submit to such worker, and to the Secretary, a written statement that revokes the certification made under paragraph (1)(B) with respect to such worker. “(3) The Secretary shall submit to the Finance Committee of the Senate and to the Ways and Means Committee of the House of Representatives an annual report on the number of workers who received certifications under paragraph (1) during the preceding year and the number of certifications made under paragraph (1) that were revoked during the preceding year.”. 102 STAT. 1246 (4) Paragraph (3) of section 239(a) of the Trade Act of 1974 (19 U.S.C. 2311(a)(3)) is amended to read as follows: “(3) will make any certifications required under section 231(c)(2), and”. (b) Weekly Amounts of Readjustment Allowances.— Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended— (1) by striking out “, including on-the-job training,” in subsection (b), and (2) by striking out “under section 231(c) or 236(c)” in subsection (c) and inserting in lieu thereof “under section 231(b)”. (c) Limitations.— Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended— (1) by striking out “is approved” in subsection (a)(3)(B) and inserting in lieu thereof “begins”, (2) by striking out “engaged in such training and has not been determined under section 236(c) to be failing to make satisfactory progress in the training” in subsection (a)(3) and inserting in lieu thereof “participating in such training”, and (3) by adding at the end thereof the following new subsection: “(f) For purposes of this chapter, a worker shall be treated as participating in training during any week which is part of a break in training that does not exceed 14 days if— “(1) the worker was participating in a training program approved under section 236(a) before the beginning of such break in training, and “(2) the break is provided under such training program.”. (d) Supplemental Wage Allowance Demonstration Projects.— (1) Subchapter C of chapter 2 of title II of the Trade Act of 1974 is amended by inserting after section 245 the following new section: “SEC. 246. SUPPLEMENTAL WAGE ALLOWANCE DEMONSTRATION PROJECTS. “(a) The Secretary shall establish and carry out one or more demonstration projects during fiscal years 1989 and 1990 for the purpose of— “(1) determining the attractiveness of a supplemental wage allowance to various categories of workers eligible for assistance under this chapter, based on the amount and duration of the supplement; “(2) determining the effectiveness of a supplemental wage allowance as an option under this chapter in facilitating the readjustment of adversely affected workers; and “(3) determining whether a supplemental wage allowance should be made an option under the Trade Adjustment Assistance program for all fiscal years. “(b) (1) For purposes of this section, the term ‘supplemental wage allowance’ means a payment that is made to an adversely affected worker who— “(A) accepts full-time employment at an average weekly wage that is less than the average weekly wage of the worker in the adversely affected employment, “(B) prior to such acceptance, is eligible for trade readjustment allowances under part I of subchapter B, and “(C) voluntarily elects to receive such payment in lieu of any trade readjustment allowances that the worker would otherwise 102 STAT. 1247be eligible to receive with respect to the period covered by the certification made under subchapter A that applies to such worker. “(2) A supplemental wage allowance shall be provided under any demonstration project established under subsection (a) to a worker described in paragraph (1) for each week during which the worker performs services in the full-time employment referred to in paragraph (1)(A) in an amount that does not exceed the lesser of— “(A) the amount of the trade readjustment allowance that the worker would have been eligible to receive for any week under part 1 of subchapter B if the worker had not accepted the full-time employment and had not made the election described in paragraph (1)(C), or “(B) the excess of— “(i) an amount equal to 80 percent of the average weekly wage of the worker in the adversely affected employment, over “(ii) the average weekly wage in the full-time employment. “(3) (A) Supplemental wage allowances shall not be provided under any demonstration project established under subsection (a) for more than 52 weeks. “(B) The total amount of supplemental wage allowances that may be paid to any worker under any demonstration project established under subsection (a) with respect to the period covered by the certification applicable to such worker shall not exceed an amount that is equal to the excess of— “(i) the amount of the limitation imposed under section 233(a)(1) with respect to such worker for such period, over “(ii) the amount of the trade readjustment allowances paid under part I of subchapter B to such worker for such period. “(c) The Secretary shall provide for an evaluation of demonstration projects conducted under this section to determine at least the following: “(1) the extent to which different age groups of eligible recipients utilize the supplemental wage allowance; “(2) the effect of the amount and duration of the supple-mental wage allowance on the utilization of the allowance; “(3) the extent to which the supplemental wage allowance affects the demand for training and the appropriateness thereof; “(4) the extent to which the supplemental wage allowance facilitates the readjustment of workers who would not otherwise utilize benefits provided under this chapter; “(5) the extent to which the allowance affects the cost of carrying out the provisions of this chapter; and “(6) the effectiveness of the supplemental wage allowance as an option under this chapter in facilitating the readjustment of adversely affected workers. “(d) By no later than the date that is 3 years after the date of enactment of the Omnibus Trade and Competitiveness Act of 1988, the Secretary shall transmit to the Congress a report that includes— “(1) an evaluation of the projects authorized under this section that is conducted in accordance with subsection (c), and “(2) a recommendation as to whether the supplemental wage allowance should be available on a permanent basis as an 102 STAT. 1248option for some or all workers eligible for assistance under this chapter. (2) For purposes of funding the demonstration projects established under section 246(a) of the Trade Act of 1974, as added by paragraph (1) of this subsection— (A) the supplemental wage allowances payable under such projects shall be considered to be trade readjustment allowances payable under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and (B) the costs of administering such projects by the States shall be considered to be costs of administering such part I. (3) The table of contents of the Trade Act of 1974 is amended by inserting after the item relating to section 245 the following new item: “Sec. 246. Supplemental wage allowance demonstration projects.”.