                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
     SUBCHAPTER II--RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
 
                Part 2--Adjustment Assistance for Workers
 
       subpart d--nafta transitional adjustment assistance program
 
Sec. 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, Sec. 250, as added Pub. L. 103-182, title V, 
Sec. 502, Dec. 8, 1993, 107 Stat. 2149; amended Pub. L. 105-277, div. J, 
title I, Sec. 1012(b), Oct. 21, 1998, 112 Stat. 2681-901; Pub. L. 106-
113, div. B, Sec. 1000(a)(5) [title VII, Sec. 702(b)], Nov. 29, 1999, 
113 Stat. 1536, 1501A-319.)


                            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, Sec. 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.''


                            Termination Date

    No assistance, vouchers, allowances, or other payments may be 
provided under this subpart after Sept. 30, 2001, except in the case of 
a worker who, on or before Sept. 30, 2001, is certified as eligible to 
apply for assistance under this subpart and is otherwise eligible to 
receive assistance in accordance with this section, see section 285 of 
Pub. L. 93-618, as amended, set out as a note preceding section 2271 of 
this title.

                  Section Referred to in Other Sections

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