Trade Adjustment Assistance Reform Act of 1999 - Amends the Trade Act of 1974 to authorize appropriations to the Department of Labor for FY 1999 through 2004 for trade adjustment assistance (TAA) for workers.
(Sec. 2) Repeals the North American Free Trade Agreement (NAFTA) Transitional Adjustment Assistance Program (effectively eliminating TAA for workers under such program).
(Sec. 3) Revises requirements for the filing of petitions for TAA for a group of workers adversely affected by imports. Authorizes employers of such workers, one-stop career centers, or State employment agencies to file on their behalf with the Governor of the State (currently, with the Secretary of Labor) a petition for certification of eligibility for such assistance. Requires the Governor to: (1) transmit the petition to the Secretary immediately; (2) ensure that rapid response assistance and basic readjustment services are made available to the workers; and (3) assist the Secretary in the review of the petition. Requires the Secretary to review such a petition for certification of eligibility within 40 days (currently, 60 days) of its filing.
(Sec. 4) Adds as a factor in the Secretary's determination of the eligibility of a group of workers for TAA any shift in production by such workers' firm to a foreign country of articles like or directly competitive with articles produced by such firm.
(Sec. 5) Directs the Secretary to collect and maintain certain information with respect to certifications of TAA.
(Sec. 6) Revises enrollment in training requirements with respect to the payment of TAA to adversely affected workers to set forth certain time periods during which such enrollment must occur. Authorizes the Secretary to issue a statement to a worker waiving the enrollment in training requirements if it is determined that such training requirement is not feasible or appropriate for the worker, based on specified factors.
(Sec. 8) Increases from 14 to 30 the number of days an adversely affected worker may have a scheduled break in a training program and still be treated as participating in the program for purposes of TAA eligibility.
(Sec. 9) Increases the total annual amount of payments for worker training from $80 million to $150 million for any fiscal year.
(Sec. 11) Authorizes the Secretary to secure for adversely affected workers certain employment services, including services provided through one-stop career centers.
Provides for the coordination of employment services for adversely affected workers under the Job Training Partnership Act and the Workforce Investment Act of 1998.
(Sec. 12) Authorizes an adversely affected worker to file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. Sets forth specified conditions with respect to such services.
(Sec. 14) Makes unappropriated Treasury funds available in any fiscal year that TAA funds become exhausted.
(Sec. 15) Authorizes appropriations to the Department of Labor for FY 1999 through 2004 for TAA for firms.
(Sec. 16) Establishes the Presidential Commission on Workers and Economic Change in the New Economy to study and report to the President and the Congress on matters relating to economic dislocation and worker adjustment to such dislocations. Authorizes appropriations.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1491 Introduced in House (IH)]
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)
introduced 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance Reform
Act of 1999''.
SEC. 2. AUTHORIZATION OF CONSOLIDATED TRADE ADJUSTMENT ASSISTANCE.
(a) Authorization of Appropriations.--Section 245 of the Trade Act
of 1974 (19 U.S.C. 2317) is amended to read as follows:
``SEC. 245. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Department 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 Adjustment 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 repealed.
(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 subchapter 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 technical 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 agricultural firm).
``(B) The certified or recognized union or other duly
authorized representative of such workers.
``(C) Employers of such workers, one-stop career centers,
or State employment agencies, on behalf 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 providing 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 investigation.''.
(b) Expedited Review of Petitions by Secretary of Labor.--Section
223(a) of such Act (19 U.S.C. 2273(a)) is amended in the first sentence
by striking ``60 days'' and inserting ``40 days''.
SEC. 4. ADDITION OF SHIFT IN PRODUCTION AS BASIS FOR ELIGIBILITY FOR
TRADE ADJUSTMENT ASSISTANCE.
Section 222(a) of the Trade Act of 1974 (19 U.S.C. 2272(a)) is
amended to read as follows:
``(a) A group of workers (including workers in any agricultural
firm or subdivision of an agricultural firm) shall be certified by the
Secretary as eligible to apply for adjustment assistance under this
chapter pursuant to a petition filed under section 221 if the Secretary
determines that--
``(1) 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
``(2)(A)(i) the sales or production, or both, of such firm
or subdivision have decreased absolutely;
``(ii) imports 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) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by such
firm or subdivision.''.
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 subsection:
``(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 countries
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 separation from
adversely affected employment which meets the
requirements of paragraphs (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 extenuating
circumstances that justify an extension 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 follows:
``(c)(1) The Secretary may issue a written statement to a worker
waiving the enrollment in training requirement of subsection (a)(5)(A)
if the Secretary determines that such training requirement is not
feasible or appropriate 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 determined
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 construed to exempt a worker from
requirements relating 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 circumstances for the delay in enrollment, as
determined pursuant to guidelines issued by the Secretary.
``(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 addition, 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 enable 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
worker, 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 requirement that the State or State agency submit to the
Secretary the written statements provided pursuant to paragraph (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 Committee on Ways and Means of the
House of Representatives identifying the number of workers who received
waivers 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 ALLOWANCES 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''.
SEC. 9. INCREASE IN ANNUAL TOTAL AMOUNT OF PAYMENTS FOR TRAINING.
Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C.
2296(a)(2)(A)) is amended by striking ``$80,000,000'' and inserting
``$150,000,000''.
SEC. 10. ELIMINATION OF QUARTERLY REPORT.
Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is
amended by striking the last sentence of such subsection.
SEC. 11. COORDINATION WITH ONE-STOP CAREER CENTERS, THE JOB TRAINING
PARTNERSHIP ACT, AND THE WORKFORCE INVESTMENT ACT OF
1998.
(a) Coordination With One-Stops.--Section 235 of the Trade Act of
1974 (19 U.S.C. 2295) is amended by inserting ``, including the
services provided through one-stop career centers'' before the period
at the end of the first sentence.
(b) Coordination With Job Training Partnership Act and Workforce
Investment Act of 1998.--Section 239(e) such Act (19 U.S.C. 2311(e)) is
amended--
(1) in the first sentence, by inserting after ``Job
Training Partnership Act'' the following: ``or under 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,''; and
(2) by inserting after the first sentence the following:
``Such coordination shall include common reporting systems and
elements, including common elements relating to participant
data and performance outcomes (including employment, retention
of employment, and wages).''.
SEC. 12. SUPPORTIVE SERVICES.
(a) In General.--Part II of subchapter B of chapter 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 chapter may file an
application with the Secretary for the provision 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 supportive 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 participants 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 contents 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 paragraphs (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 inserting
``(a) In General.--There are authorized''; and
(2) by adding at the end the following:
``(b) Contingency Funds.--Subject to the limitation 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 commission 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 dislocation 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 dislocations 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 acquiring
new skills;
(D) the role of public-private partnerships in
implementing worker education and training; and
(E) the role of income support and economic
security programs in facilitating worker adjustment in
rapidly changing economic circumstances.
(c) Membership.--The Commission shall be composed 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 Century
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 partnerships 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 determines 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 amendments made by this Act,
shall take effect on the date of the enactment of this Act.
(b) Transition.--The Secretary of Labor is authorized 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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E695)
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
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