subpart d—nafta transitional adjustment assistance program

Subpart Referred to in Other Sections

This subpart is referred to in sections 2275, 2317, 2322 of this title.

§2331. 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 subpart pursuant to a petition filed under subsection (b) of this section 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) "Contributed importantly" defined

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) of this section and determinations under subsection (c) of this section.

(b) Preliminary findings and basic assistance

(1) Filing of petitions

A petition for certification of eligibility to apply for adjustment assistance under this subpart 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) of this section (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) of this section; 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) of this section, shall determine whether the petition meets the criteria described in subsection (a)(1) of this section. 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) of this section.

(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 subpart A of this part to determine if the workers may be certified under such subpart.

(d) Comprehensive assistance

Workers covered by certification issued by the Secretary under subsection (c) of this section shall be provided, in the same manner and to the same extent as workers covered under a certification under subpart A of this part, the following:

(1) Employment services described in section 2295 of this title.

(2) Training described in section 2296 of this title, except that notwithstanding the provisions of section 2296(a)(2)(A) of this title, the total amount of payments for training under this subpart for the period beginning October 1, 1998, and ending September 30, 2001, shall not exceed $30,000,000 for any fiscal year.

(3) Trade readjustment allowances described in sections 2291 through 2294 of this title, except that—

(A) the provisions of sections 2291(a)(5)(C) and 2291(c) of this title, 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 subpart; and

(B) notwithstanding the provisions of section 2293(b) of this title, in order for a worker to qualify for trade readjustment allowances under this subpart, the worker shall be enrolled in a training program approved by the Secretary under section 2296(a) of this title 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 2297 of this title.

(5) Relocation allowances described in section 2298 of this title.

(e) Administration

The provisions of subpart C of this part shall apply to the administration of the program under this subpart in the same manner and to the same extent as such provisions apply to the administration of the program under subparts A and B of this part, except that the agreement between the Secretary and the States described in section 2311 of this title shall specify the procedures that will be used to carry out the certification process under subsection (c) of this section and the procedures for providing relevant data by the Secretary to assist the States in making preliminary findings under subsection (b) of this section.

(Pub. L. 93–618, title II, §250, as added Pub. L. 103–182, title V, §502, Dec. 8, 1993, 107 Stat. 2149; amended Pub. L. 105–277, div. J, title I, §1012(b), Oct. 21, 1998, 112 Stat. 2681–901; Pub. L. 106–113, div. B, §1000(a)(5) [title VII, §702(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-319.)

Termination of Section

For termination of section by section 285 of Pub. L. 93–618, see Termination Date note set out preceding section 2271 of this title.

Prior Provisions

A prior section 250 of Pub. L. 93–618, title II, Jan. 3, 1975, 88 Stat. 2029, provided for judicial review for workers or groups aggrieved by a final determination by the Secretary under section 2273 of this title, and was classified to section 2322 of this title, prior to repeal by Pub. L. 96–417.

Amendments

1999—Subsec. (d)(2). Pub. L. 106–113 substituted "the period beginning October 1, 1998, and ending September 30, 2001, shall not exceed $30,000,000 for any fiscal year" for "the period beginning October 1, 1998, and ending June 30, 1999, shall not exceed $15,000,000".

1998—Subsec. (d)(2). Pub. L. 105–277 substituted "for the period beginning October 1, 1998, and ending June 30, 1999, shall not exceed $15,000,000" for "for any fiscal year shall not exceed $30,000,000".

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective as of July 1, 1999, see section 1000(a)(5) [title VII, §702(e)] of Pub. L. 106–113, set out as a note under section 2317 of this title.

Effective Date

Section 506 of Pub. L. 103–182 provided that:

"(a) In General.—The amendments made by sections 501, 502, 503, 504, and 505 [enacting this section and section 2322 of this title, and amending sections 2271 to 2273, 2275, 2317, and 2395 of this title and provisions set out as a note preceding section 2271 of this title] shall take effect on the date the Agreement [North American Free Trade Agreement] enters into force with respect to the United States [Jan. 1, 1994].

"(b) Covered Workers.—

"(1) General rule.—Except as provided in paragraph (2), no worker shall be certified as eligible to receive assistance under subchapter D of chapter 2 of title II of the Trade Act of 1974 [this subpart] (as added by this subtitle) whose last total or partial separation from a firm (or appropriate subdivision of a firm) occurred before such date of entry into force.

"(2) Reachback.—Notwithstanding paragraph (1), any worker—

"(A) whose last total or partial separation from a firm (or appropriate subdivision of a firm) occurs—

"(i) after the date of the enactment of this Act [Dec. 8, 1993], and

"(ii) before such date of entry into force, and

"(B) who would otherwise be eligible to receive assistance under subchapter D of chapter 2 of title II of the Trade Act of 1974,

shall be eligible to receive such assistance in the same manner as if such separation occurred on or after such date of entry into force."

Section Referred to in Other Sections

This section is referred to in section 2395 of this title.