[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1003 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1003
To extend the trade adjustment assistance program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 16, 2015
Ms. Collins (for herself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To extend the trade adjustment assistance program, 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
Enhancement Act of 2015''.
SEC. 2. APPLICATION OF PROVISIONS RELATING TO TRADE ADJUSTMENT
ASSISTANCE.
(a) Repeal of Snapback.--Section 233 of the Trade Adjustment
Assistance Extension Act of 2011 (Public Law 112-40; 125 Stat. 416) is
repealed.
(b) Applicability of Certain Provisions.--Except as otherwise
provided in this Act, the provisions of chapters 2 through 6 of title
II of the Trade Act of 1974, as in effect on December 31, 2013, and as
amended by this Act, shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to petitions for certification filed under
chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or
after such date of enactment.
(c) References.--Except as otherwise provided in this Act, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision of chapters 2 through 6 of
title II of the Trade Act of 1974, the reference shall be considered to
be made to a provision of any such chapter, as in effect on December
31, 2013.
SEC. 3. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.
(a) Extension of Termination Provisions.--Section 285 of the Trade
Act of 1974 (19 U.S.C. 2271 note) is amended by striking ``December 31,
2013'' each place it appears and inserting ``June 30, 2021''.
(b) Training Funds.--Section 236(a)(2)(A) of the Trade Act of 1974
(19 U.S.C. 2296(a)(2)(A)) is amended by striking ``shall not exceed''
and all that follows and inserting ``shall not exceed $450,000,000 for
each of fiscal years 2015 through 2021.''.
(c) Reemployment Trade Adjustment Assistance.--Section 246(b)(1) of
the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking
``December 31, 2013'' and inserting ``June 30, 2021''.
(d) Authorizations of Appropriations.--
(1) Trade adjustment assistance for workers.--Section
245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended
by striking ``December 31, 2013'' and inserting ``June 30,
2021''.
(2) Trade adjustment assistance for firms.--Section 255(a)
of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended by
striking ``fiscal years 2012 and 2013'' and all that follows
through ``December 31, 2013'' and inserting ``fiscal years 2015
through 2021''.
(3) Trade adjustment assistance for farmers.--Section
298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended
by striking ``fiscal years 2012 and 2013'' and all that follows
through ``December 31, 2013'' and inserting ``fiscal years 2015
through 2021''.
SEC. 4. PERFORMANCE MEASUREMENT AND REPORTING.
(a) Performance Measures.--Section 239(j) of the Trade Act of 1974
(19 U.S.C. 2311(j)) is amended--
(1) in the subsection heading, by striking ``Data
Reporting'' and inserting ``Performance Measures'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``a quarterly'' and
inserting ``an annual''; and
(ii) by striking ``data'' and inserting
``measures'';
(B) in subparagraph (A), by striking ``core'' and
inserting ``primary''; and
(C) in subparagraph (C), by inserting ``that
promote efficiency and effectiveness'' after
``assistance program'';
(3) in paragraph (2)--
(A) in the paragraph heading, by striking ``Core
indicators described'' and inserting ``Indicators of
performance''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) Primary indicators of performance
described.--
``(i) In general.--The primary indicators
of performance referred to in paragraph (1)(A)
shall consist of--
``(I) the percentage and number of
workers who received benefits under the
trade adjustment assistance program who
are in unsubsidized employment during
the second calendar quarter after exit
from the program;
``(II) the percentage and number of
workers who received benefits under the
trade adjustment assistance program and
who are in unsubsidized employment
during the fourth calendar quarter
after exit from the program;
``(III) the median earnings of
workers described in subclause (I);
``(IV) the percentage and number of
workers who received benefits under the
trade adjustment assistance program
who, subject to clause (ii), obtain a
recognized postsecondary credential or
a secondary school diploma or its
recognized equivalent, during
participation in the program or within
one year after exit from the program;
and
``(V) the percentage and number of
workers who received benefits under the
trade adjustment assistance program
who, during a year while receiving such
benefits, are in an education or
training program that leads to a
recognized postsecondary credential or
employment and who are achieving
measurable gains in skills toward such
a credential or employment.
``(ii) Indicator relating to credential.--
For purposes of clause (i)(IV), a worker who
received benefits under the trade adjustment
assistance program who obtained a secondary
school diploma or its recognized equivalent
shall be included in the percentage counted for
purposes of that clause only if the worker, in
addition to obtaining such a diploma or its
recognized equivalent, has obtained or retained
employment or is in an education or training
program leading to a recognized postsecondary
credential within one year after exit from the
program.'';
(4) in paragraph (3)--
(A) in the paragraph heading, by striking ``data''
and inserting ``measures'';
(B) by striking ``quarterly'' and inserting
``annual''; and
(C) by striking ``data'' and inserting
``measures''; and
(5) by adding at the end the following:
``(4) Accessibility of state performance reports.--The
Secretary shall, on an annual basis, make available (including
by electronic means), in an easily understandable format, the
reports of cooperating States or cooperating State agencies
required by paragraph (1) and the information contained in
those reports.''.
(b) Collection and Publication of Data.--Section 249B of the Trade
Act of 1974 (19 U.S.C. 2323) is amended--
(1) in subsection (b)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking
``enrolled in'' and inserting ``who received'';
(ii) in subparagraph (B)--
(I) by striking ``complete'' and
inserting ``exited''; and
(II) by striking ``who were
enrolled in'' and inserting ``,
including who received'';
(iii) in subparagraph (E), by striking
``complete'' and inserting ``exited'';
(iv) in subparagraph (F), by striking
``complete'' and inserting ``exit''; and
(v) by adding at the end the following:
``(G) The average cost per worker of receiving
training approved under section 236.
``(H) The percentage of workers who received
training approved under section 236 and obtained
unsubsidized employment in a field related to that
training.''; and
(B) in paragraph (4)--
(i) in subparagraphs (A) and (B), by
striking ``quarterly'' each place it appears
and inserting ``annual''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) The median earnings of workers described in
section 239(j)(2)(A)(i)(III) during the second calendar
quarter after exit from the program, expressed as a
percentage of the median earnings of such workers
before the calendar quarter in which such workers began
receiving benefits under this chapter.''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
and
(ii) by inserting after subparagraph (A)
the following:
``(B) the reports required under section 239(j);'';
and
(B) in paragraph (2), by striking ``a quarterly''
and inserting ``an annual''.
(c) Recognized Postsecondary Credential Defined.--Section 247 of
the Trade Act of 1974 (19 U.S.C. 2319) is amended by adding at the end
the following:
``(19) The term `recognized postsecondary credential' means
a credential consisting of an industry-recognized certificate
or certification, a certificate of completion of an
apprenticeship, a license recognized by a State or the Federal
Government, or an associate or baccalaureate degree.''.
SEC. 5. 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 that
is 90 days 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. 6. SUNSET PROVISIONS.
(a) Application of Prior Law.--Subject to subsection (b), beginning
on July 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'' for ``52''; 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 ``June 30, 2022'' for ``December
31, 2007'';
(4) section 246(b)(1) of that Act shall be applied and
administered by substituting ``June 30, 2022'' 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
July 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
July 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 ``June 30,
2022'' for ``December 31, 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 June 30, 2022.
``(B) Exception.--Notwithstanding subparagraph (A),
any assistance approved under chapter 3 pursuant to a
petition filed under section 251 on or before June 30,
2022, 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 June 30, 2022.
``(B) Exception.--Notwithstanding subparagraph (A),
any assistance approved under chapter 6 on or before
June 30, 2022, 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 July 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 July 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 July 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 July 1, 2021.
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