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Bill
Notes

Title III — General provisions

S. 2964 · 113th Congress · Nov 20, 2014 · Lineage

III General provisions

Sec. 301 Applicability of trade adjustment assistance provisions

(a)
Trade adjustment assistance for workers—
(1)
Petitions filed on or after January 1, 2014, and before date of enactment—
(A)
Certifications of workers not certified before date of enactment—
(i)
Criteria if a determination has not been made— If, as of the date of the enactment of this Act, the Secretary of Labor has not made a determination with respect to whether to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in clause (iii), the Secretary shall make that determination based on the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment.
(ii)
Reconsideration of denials of certifications— If, before the date of the enactment of this Act, the Secretary made a determination not to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in clause (iii), the Secretary shall—
(I)
reconsider that determination; and
(II)
if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance.
(iii)
Petition described— A petition described in this clause is a petition for a certification of eligibility for a group of workers filed under section 221 of the Trade Act of 1974 on or after January 1, 2014, and before the date of the enactment of this Act.
(B)
Eligibility for benefits—
(i)
In general— Except as provided in clause (ii), a worker certified as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (A)(iii) shall be eligible, on and after the date of the enactment of this Act, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment.
(ii)
Computation of maximum benefits— Benefits received by a worker described in clause (i) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act.
(2)
Petitions filed before January 1, 2014— A worker certified as eligible to apply for adjustment assistance pursuant to a petition filed under section 221 of the Trade Act of 1974 on or before December 31, 2013, shall continue to be eligible to apply for and receive benefits under the provisions of chapter 2 of title II of such Act, as in effect on December 31, 2013.
(3)
Qualifying separations with respect to petitions filed within 90 days of date of enactment— Section 223(b) of the Trade Act of 1974, as in effect on the date of the enactment of this Act, shall be applied and administered by substituting “before January 1, 2014” for “more than one year before the date of the petition on which such certification was granted” for purposes of determining whether a worker is eligible to apply for adjustment assistance pursuant to a petition filed under section 221 of the Trade Act of 1974 on or after the date of the enactment of this Act and on or before the date that is 90 days after such date of enactment.
(b)
Trade adjustment assistance for firms—
(1)
Certification of firms not certified before date of enactment—
(A)
Criteria if a determination has not been made— If, as of the date of the enactment of this Act, the Secretary of Commerce has not made a determination with respect to whether to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall make that determination based on the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment.
(B)
Reconsideration of denial of certain petitions— If, before the date of the enactment of this Act, the Secretary made a determination not to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall—
(i)
reconsider that determination; and
(ii)
if the firm meets the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligible to apply for adjustment assistance.
(C)
Petition described— A petition described in this subparagraph is a petition for a certification of eligibility filed by a firm or its representative under section 251 of the Trade Act of 1974 on or after January 1, 2014, and before the date of the enactment of this Act.
(2)
Certification of firms that did not submit petitions between January 1, 2014, and date of enactment—
(A)
In general— The Secretary of Commerce shall certify a firm described in subparagraph (B) as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974, as in effect on the date of the enactment of this Act, if the firm or its representative files a petition for a certification of eligibility under section 251 of the Trade Act of 1974 not later than 90 days after such date of enactment.
(B)
Firm described— A firm described in this subparagraph is a firm that the Secretary determines would have been certified as eligible to apply for adjustment assistance if—
(i)
the firm or its representative had filed a petition for a certification of eligibility under section 251 of the Trade Act of 1974 on a date during the period beginning on January 1, 2014, and ending on the day before the date of the enactment of this Act; and
(ii)
the provisions of chapter 3 of title II of the Trade Act of 1974, as in effect on such date of enactment, had been in effect on that date during the period described in clause (i).

Sec. 302 Sunset provisions

(a)
Application of prior law— Subject to subsection (b), beginning on January 1, 2021, the provisions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), as in effect on January 1, 2014, shall be in effect and apply, except that in applying and administering such chapters—
(1)
paragraph (1) of section 231(c) of that Act shall be applied and administered as if subparagraphs (A), (B), and (C) of that paragraph were not in effect;
(2)
section 233 of that Act shall be applied and administered—
(A)
in subsection (a)—
(i)
in paragraph (2), by substituting “104-week period” for “104-week period” and all that follows through “130-week period)”; and
(ii)
in paragraph (3)—
(I)
in the matter preceding subparagraph (A), by substituting “65 additional weeks” for “52 additional weeks”; and
(II)
by substituting “78-week period” for “52-week period” each place it appears; and
(B)
by applying and administering subsection (g) as if it read as follows:

“(g) Payment of trade readjustment allowances To complete training—Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 that leads to the completion of a degree or industry-recognized credential, payments may be made as trade readjustment allowances for not more than 13 weeks within such period of eligibility as the Secretary may prescribe to account for a break in training or for justifiable cause that follows the last week for which the worker is otherwise entitled to a trade readjustment allowance under this chapter if—

“(1) payment of the trade readjustment allowance for not more than 13 weeks is necessary for the worker to complete the training;

“(2) the worker participates in training in each such week; and

“(3) the worker—

“(A) has substantially met the performance benchmarks established as part of the training approved for the worker;

“(B) is expected to continue to make progress toward the completion of the training; and

“(C) will complete the training during that period of eligibility.”

(3)
section 245(a) of that Act shall be applied and administered by substituting “2021” for “2007”;
(4)
section 246(b)(1) of that Act shall be applied and administered by substituting “December 31, 2021” for “the date that is 5 years” and all that follows through “State”;
(5)
section 256(b) of that Act shall be applied and administered by substituting “the 1-year period beginning on January 1, 2021” for “each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007”;
(6)
section 298(a) of that Act shall be applied and administered by substituting “the 1-year period beginning on January 1, 2021” for “each of the fiscal years” and all that follows through “October 1, 2007”; and
(7)
section 285 of that Act shall be applied and administered—
(A)
in subsection (a), by substituting “2021” for “2007” each place it appears; and
(B)
by applying and administering subsection (b) as if it read as follows:

“(b) Other assistance

“(1) Assistance for firms

“(A) In general—Except as provided in subparagraph (B), assistance may not be provided under chapter 3 after December 31, 2021.

“(B) Exception—Notwithstanding subparagraph (A), any assistance approved under chapter 3 on or before December 31, 2021, may be provided—

“(i) to the extent funds are available pursuant to such chapter for such purpose; and

“(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.

“(2) Farmers

“(A) In general—Except as provided in subparagraph (B), assistance may not be provided under chapter 6 after December 31, 2021.

“(B) Exception—Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before December 31, 2021, may be provided—

“(i) to the extent funds are available pursuant to such chapter for such purpose; and

“(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.”

(b)
Exceptions— The provisions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, shall continue to apply on and after January 1, 2021, with respect to—
(1)
workers certified as eligible for trade adjustment assistance benefits under chapter 2 of title II of that Act pursuant to petitions filed under section 221 of that Act before January 1, 2021;
(2)
firms certified as eligible for technical assistance or grants under chapter 3 of title II of that Act pursuant to petitions filed under section 251 of that Act before January 1, 2021; and
(3)
agricultural commodity producers certified as eligible for technical or financial assistance under chapter 6 of title II of that Act pursuant to petitions filed under section 292 of that Act before January 1, 2021.