S.Amdt. 3871

SA 3871. Mr. DONNELLY (for himself and Mrs. Gillibrand) submitted an
amendment intended to be proposed to amendment SA 3695 proposed by Mr.
Shelby to the bill H.R. 6157, making appropriations for the Department
of Defense for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title I of division B, insert
the following:

SEC. __. ELIGIBILITY OF WORKERS WHOSE JOBS ARE ELIMINATED
THROUGH AUTOMATION FOR TRADE ADJUSTMENT
ASSISTANCE.

(a) In General.--Section 222(a)(2) of the Trade Act of 1974
(19 U.S.C. 2272(a)(2)) is amended--
(1) in subparagraph (A)(iii), by striking ``; or'' and
inserting a semicolon;
(2) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following:
``(C)(i) there has been a shift in production of articles
or supply of services by such workers' firm from utilizing
the workers to methods or systems primarily utilizing
automation; and
``(ii) the shift described in clause (i) contributed
importantly to such workers' separation or threat of
separation.''.
(b) Automation Defined.--Section 222(c) of the Trade Act of
1974 (19 U.S.C. 2272(c)) is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following:
``(1) Automation.--The term `automation' means using
technology to produce a good or service previously produced
by human work.''.
(c) Specification of Basis for Eligibility.--Section 222 of
the Trade Act of 1974 (19 U.S.C. 2272) is amended by adding
at the end the following:
``(f) Specification of Basis for Eligibility.--When the
Secretary certifies a group of workers under this section as
eligible to apply for adjustment assistance, the Secretary
shall specify in the certification the basis for the
eligibility of the group under subsection (a).''.
(d) Conforming Amendments.--Subsections (b) and (c) of
section 222 of the Trade Act of 1974 (19 U.S.C. 2272) are
amended by striking ``subsection (a)'' each place it appears
and inserting ``subparagraph (A) or (B) of subsection
(a)(2)''.
(e) Regulations; Recommendations.--Not later than 2 years
after the date of the enactment of this Act, the Secretary of
Labor shall--
(1) prescribe regulations to carry out the amendments made
by this section; and
(2) submit to Congress a report that includes
recommendations for any changes to law necessary to carry out
the amendments made by this section, including any changes to
section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C.
2296(a)(2)(A)).
(f) Effective Date.--The amendments made by this section
shall--
(1) take effect on the date that is 2 years after the date
of the enactment of this Act; and
(2) apply with respect to petitions for certifications of
eligibility filed under section 221 of the Trade Act of 1974
(19 U.S.C. 2271) on or after the date described in paragraph
(1).

SEC. __. INDEPENDENT ADVISORY COMMISSION ON LABOR AUTOMATION.

(a) Establishment.--The Secretary of Labor shall establish
an independent advisory commission on labor automation to
advise the Secretary on matters relating to jobs and
occupations at risk of elimination as a result of automation.
(b) Membership.--The Secretary shall ensure that membership
on the advisory commission established under subsection (a)
includes individuals with expertise in labor, individuals
with expertise in technology, and individuals with expertise
in business.
(c) Annual Report.--Not less frequently than annually, the
advisory commission established under subsection (a) shall
submit to the Secretary and make available to the public a
report describing jobs and occupations at risk of elimination
as a result of automation that includes--
(1) an identification of the States most affected by that
risk; and
(2) recommendations for collaboration with State workforce
agencies to identify and address that risk.
(d) Automation Defined.--In this section, the term
``automation'' means using technology to produce a good or
service previously produced by human work.
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