II 

113TH CONGRESS 

2D SESSION S. 2964 

To extend the trade adjustment assistance program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 20, 2014 

Mr. BROWN (for himself, Mr. BENNET, Ms. CANTWELL, Mr. CASEY, Mr. 

CARDIN, Mr. MENENDEZ, Mr. ROCKEFELLER, Mr. SCHUMER, and Ms. 

STABENOW) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Trade Adjustment Assistance Act of 2014’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—APPLICATION OF PROVISIONS RELATING TO TRADE 

ADJUSTMENT ASSISTANCE 

Sec. 101. Application of provisions relating to trade adjustment assistance. 


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TITLE II—EXTENSION OF TRADE ADJUSTMENT ASSISTANCE 

PROGRAM 

Subtitle A—Extension Provisions 

Sec. 201. Extension of termination provisions. 

Sec. 202. Training funds. 

Sec. 203. Reemployment trade adjustment assistance. 

Sec. 204. Authorizations of appropriations. 

Subtitle B—Other Provisions 

Sec. 211. Extension of trade adjustment assistance to public agency workers. 

Sec. 212. Limitations on trade readjustment allowances. 

Sec. 213. Job search and relocation allowances. 

Sec. 214. Reemployment trade adjustment assistance program. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Applicability of trade adjustment assistance provisions. 

Sec. 302. Sunset provisions. 

TITLE IV—HEALTH COVERAGE TAX CREDIT 

Sec. 401. Extension and modification of Health Coverage Tax Credit. 

Sec. 402. TAA pre-certification rule for purposes of determining whether there 

is a 63-day lapse in creditable coverage. 

Sec. 403. Extension of COBRA benefits for certain TAA-eligible individuals 

and PBGC recipients. 

1 TITLE I—APPLICATION OF PRO2 VISIONS RELATING TO TRADE 

3 ADJUSTMENT ASSISTANCE 

4 SEC. 101. APPLICATION OF PROVISIONS RELATING TO 

5 TRADE ADJUSTMENT ASSISTANCE. 

6 (a) REPEAL OF SNAPBACK.—Section 233 of the 

7 Trade Adjustment Assistance Extension Act of 2011 

8 (Public Law 112–40; 125 Stat. 416) is repealed. 

9 (b) APPLICABILITY OF CERTAIN PROVISIONS.—Ex10 cept as otherwise provided in this Act, the provisions of 

11 chapters 2 through 6 of title II of the Trade Act of 1974, 

12 as in effect on December 31, 2013, and as amended by 

13 this Act, shall— 


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1 (1) take effect on the date of the enactment of 

2 this Act; and 

3 (2) apply to petitions for certification filed 

4 under chapter 2, 3, or 6 of title II of the Trade Act 

5 of 1974 on or after such date of enactment. 

6 (c) REFERENCES.—Except as otherwise provided in 

7 this Act, whenever in this Act an amendment or repeal 

8 is expressed in terms of an amendment to, or repeal of, 

9 a provision of chapters 2 through 6 of title II of the Trade 

10 Act of 1974, the reference shall be considered to be made 

11 to a provision of any such chapter, as in effect on Decem12 ber 31, 2013. 

13 TITLE II—EXTENSION OF TRADE 

14 ADJUSTMENT ASSISTANCE 

15 PROGRAM 

16 Subtitle A—Extension Provisions 

17 SEC. 201. EXTENSION OF TERMINATION PROVISIONS. 

18 Section 285 of the Trade Act of 1974 (19 U.S.C. 

19 2271 note) is amended by striking ‘‘2013’’ each place it 

20 appears and inserting ‘‘2020’’. 

21 SEC. 202. TRAINING FUNDS. 

22 Section 236(a)(2)(A) of the Trade Act of 1974 (19 

23 U.S.C. 2296(a)(2)(A)) is amended— 

24 (1) in clause (i), by striking ‘‘and 2013’’ and 

25 inserting ‘‘through 2020’’; and 


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1 (2) in clause (ii), by striking ‘‘2013’’ each place 

2 it appears and inserting ‘‘2020’’. 

3 SEC. 203. REEMPLOYMENT TRADE ADJUSTMENT ASSIST4 ANCE. 

5 Section 246(b)(1) of the Trade Act of 1974 (19 

6 U.S.C. 2318(b)(1)) is amended by striking ‘‘2013’’ and 

7 inserting ‘‘2020’’. 

8 SEC. 204. AUTHORIZATIONS OF APPROPRIATIONS. 

9 (a) TRADE ADJUSTMENT ASSISTANCE FOR WORK10 ERS.—Section 245(a) of the Trade Act of 1974 (19 U.S.C. 

11 2317(a)) is amended by striking ‘‘2013’’ and inserting 

12 ‘‘2020’’. 

13 (b) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.— 

14 Section 255(a) of the Trade Act of 1974 (19 U.S.C. 

15 2345(a)) is amended— 

16 (1) by striking ‘‘$16,000,000’’ and inserting 

17 ‘‘$50,000,000’’; 

18 (2) by striking ‘‘and 2013’’ and inserting 

19 ‘‘through 2020’’; 

20 (3) by striking ‘‘$4,000,000’’ and inserting 

21 ‘‘$6,250,000’’; and 

22 (4) by striking ‘‘October 1, 2013, and ending 

23 on December 31, 2013’’ and inserting ‘‘October 1, 

24 2020, and ending on December 31, 2020’’. 


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1 (c) TRADE ADJUSTMENT ASSISTANCE FOR COMMU2 NITIES.—Section 272(a) of the Trade Act of 1974 (19 

3 U.S.C. 2372(a)) is amended— 

4 (1) by striking ‘‘and 2010’’ and inserting 

5 ‘‘through 2020’’; and 

6 (2) by striking ‘‘October 1, 2010, and ending 

7 December 31, 2010’’ and inserting ‘‘October 1, 

8 2020, and ending December 31, 2020’’. 

9 (d) TRADE ADJUSTMENT ASSISTANCE FOR FARM10 ERS.—Section 298(a) of the Trade Act of 1974 (19 U.S.C. 

11 2401g(a)) is amended— 

12 (1) by striking ‘‘and 2013’’ and inserting 

13 ‘‘through 2020’’; and 

14 (2) by striking ‘‘October 1, 2013, and ending 

15 on December 31, 2013’’ and inserting ‘‘October 1, 

16 2020, and ending on December 31, 2020’’. 

17 Subtitle B—Other Provisions 

18 SEC. 211. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE 

19 TO PUBLIC AGENCY WORKERS. 

20 (a) DEFINITIONS.—Section 247 of the Trade Act of 

21 1974 (19 U.S.C. 2319) is amended— 

22 (1) in paragraph (3)— 

23 (A) in the matter preceding subparagraph 

24 (A), by striking ‘‘The’’ and inserting ‘‘Subject 

25 to section 222(d)(5), the’’; and 


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1 (B) in subparagraph (A), by striking ‘‘or 

2 service sector firm’’ and inserting ‘‘, service sec3 tor firm, or public agency’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(19) The term ‘public agency’ means a depart6 ment or agency of a State or local government or of 

7 the Federal Government, or a subdivision thereof.’’. 

8 (b) GROUP ELIGIBILITY REQUIREMENTS.—Section 

9 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amend10 ed— 

11 (1) by redesignating subsections (c), (d), and 

12 (e) as subsections (d), (e), and (f), respectively; 

13 (2) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) ADVERSELY AFFECTED WORKERS IN PUBLIC

16 AGENCIES.—A group of workers in a public agency shall 

17 be certified by the Secretary as eligible to apply for adjust18 ment assistance under this chapter pursuant to a petition 

19 filed under section 221 if the Secretary determines that— 

20 ‘‘(1) a significant number or proportion of the 

21 workers in the public agency have become totally or 

22 partially separated, or are threatened to become to23 tally or partially separated; 


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1 ‘‘(2) the public agency has acquired from a for2 eign country services like or directly competitive with 

3 services which are supplied by such agency; and 

4 ‘‘(3) the acquisition of services described in 

5 paragraph (2) contributed importantly to such work6 ers’ separation or threat of separation.’’; 

7 (3) in subsection (d) (as redesignated), by add8 ing at the end the following: 

9 ‘‘(5) REFERENCE TO FIRM.—For purposes of 

10 subsections (a) and (b), the term ‘firm’ does not in11 clude a public agency.’’; and 

12 (4) in paragraph (2) of subsection (e) (as redes13 ignated), by striking ‘‘subsection (a) or (b)’’ and in14 serting ‘‘subsection (a), (b), or (c)’’. 

15 SEC. 212. LIMITATIONS ON TRADE READJUSTMENT ALLOW16 ANCES. 

17 (a) LIMITATIONS.—Section 233(a) of the Trade Act 

18 of 1974 (19 U.S.C. 2293(a)) is amended— 

19 (1) in paragraph (2), in the matter preceding 

20 subparagraph (A), by inserting after ‘‘104-week pe21 riod’’ the following: ‘‘(or, in the case of an adversely 

22 affected worker who requires a program of remedial 

23 education (as described in section 236(a)(5)(D)) or 

24 a program of prerequisite education (as described in 

25 section 236(a)(5)(E)) in order to complete training 


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1 approved for the worker under section 236, the 130- 

2 week period)’’; and 

3 (2) in paragraph (3), in the matter preceding 

4 subparagraph (A), by striking ‘‘65 additional weeks’’ 

5 and inserting ‘‘78 additional weeks’’. 

6 (b) PAYMENT OF TRADE READJUSTMENT ALLOW7 ANCES TO COMPLETE TRAINING.—Section 233(f) of the 

8 Trade Act of 1974 (19 U.S.C. 2293(f)) is amended by 

9 striking ‘‘13’’ each place it appears and inserting ‘‘26’’. 

10 SEC. 213. JOB SEARCH AND RELOCATION ALLOWANCES. 

11 (a) JOB SEARCH ALLOWANCES.—Section 237 of the 

12 Trade Act of 1974 (19 U.S.C. 2297) is amended— 

13 (1) in subsection (a)(1)— 

14 (A) by striking ‘‘Each State’’ and all that 

15 follows through ‘‘an adversely affected worker’’ 

16 and inserting ‘‘An adversely affected worker’’; 

17 and 

18 (B) by striking ‘‘to file’’ and inserting 

19 ‘‘may file’’; and 

20 (2) in subsection (b)— 

21 (A) in paragraph (1), by striking ‘‘not 

22 more than 90 percent’’ and inserting ‘‘100 per23 cent’’; and 

24 (B) in paragraph (2), by striking ‘‘$1,250’’ 

25 and inserting ‘‘$1,500’’. 


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1 (b) RELOCATION ALLOWANCES.—Section 238 of the 

2 Trade Act of 1974 (19 U.S.C. 2298) is amended— 

3 (1) in subsection (a)(1)— 

4 (A) by striking ‘‘Each State’’ and all that 

5 follows through ‘‘an adversely affected worker’’ 

6 and inserting ‘‘An adversely affected worker’’; 

7 and 

8 (B) by striking ‘‘to file’’ and inserting 

9 ‘‘may file’’; and 

10 (2) in subsection (b)— 

11 (A) in paragraph (1), by striking ‘‘not 

12 more than 90 percent’’ and inserting ‘‘100 per13 cent’’; and 

14 (B) in paragraph (2), by striking ‘‘$1,250’’ 

15 and inserting ‘‘$1,500’’. 

16 SEC. 214. REEMPLOYMENT TRADE ADJUSTMENT ASSIST17 ANCE PROGRAM. 

18 Section 246(a) of the Trade Act of 1974 (19 U.S.C. 

19 2318(a)) is amended— 

20 (1) in paragraph (3)(B)(ii), by striking 

21 ‘‘$50,000’’ and inserting ‘‘$55,000’’; and 

22 (2) in paragraph (5), by striking ‘‘$10,000’’ 

23 each place it appears and inserting ‘‘$12,000’’. 


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1 TITLE III—GENERAL 

2 PROVISIONS 

3 SEC. 301. APPLICABILITY OF TRADE ADJUSTMENT ASSIST4 ANCE PROVISIONS. 

5 (a) TRADE ADJUSTMENT ASSISTANCE FOR WORK6 ERS.— 

7 (1) PETITIONS FILED ON OR AFTER JANUARY 1, 

8 2014, AND BEFORE DATE OF ENACTMENT.— 

9 (A) CERTIFICATIONS OF WORKERS NOT

10 CERTIFIED BEFORE DATE OF ENACTMENT.— 

11 (i) CRITERIA IF A DETERMINATION

12 HAS NOT BEEN MADE.—If, as of the date 

13 of the enactment of this Act, the Secretary 

14 of Labor has not made a determination 

15 with respect to whether to certify a group 

16 of workers as eligible to apply for adjust17 ment assistance under section 222 of the 

18 Trade Act of 1974 pursuant to a petition 

19 described in clause (iii), the Secretary shall 

20 make that determination based on the re21 quirements of section 222 of the Trade Act 

22 of 1974, as in effect on such date of enact23 ment. 

24 (ii) RECONSIDERATION OF DENIALS

25 OF CERTIFICATIONS.—If, before the date 


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1 of the enactment of this Act, the Secretary 

2 made a determination not to certify a 

3 group of workers as eligible to apply for 

4 adjustment assistance under section 222 of 

5 the Trade Act of 1974 pursuant to a peti6 tion described in clause (iii), the Secretary 

7 shall— 

8 (I) reconsider that determination; 

9 and 

10 (II) if the group of workers 

11 meets the requirements of section 222 

12 of the Trade Act of 1974, as in effect 

13 on such date of enactment, certify the 

14 group of workers as eligible to apply 

15 for adjustment assistance. 

16 (iii) PETITION DESCRIBED.—A peti17 tion described in this clause is a petition 

18 for a certification of eligibility for a group 

19 of workers filed under section 221 of the 

20 Trade Act of 1974 on or after January 1, 

21 2014, and before the date of the enactment 

22 of this Act. 

23 (B) ELIGIBILITY FOR BENEFITS.— 

24 (i) IN GENERAL.—Except as provided 

25 in clause (ii), a worker certified as eligible 


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1 to apply for adjustment assistance under 

2 section 222 of the Trade Act of 1974 pur3 suant to a petition described in subpara4 graph (A)(iii) shall be eligible, on and after 

5 the date of the enactment of this Act, to 

6 receive benefits only under the provisions 

7 of chapter 2 of title II of the Trade Act of 

8 1974, as in effect on such date of enact9 ment. 

10 (ii) COMPUTATION OF MAXIMUM BEN11 EFITS.—Benefits received by a worker de12 scribed in clause (i) under chapter 2 of 

13 title II of the Trade Act of 1974 before the 

14 date of the enactment of this Act shall be 

15 included in any determination of the max16 imum benefits for which the worker is eli17 gible under the provisions of chapter 2 of 

18 title II of the Trade Act of 1974, as in ef19 fect on the date of the enactment of this 

20 Act. 

21 (2) PETITIONS FILED BEFORE JANUARY 1, 

22 2014.—A worker certified as eligible to apply for ad23 justment assistance pursuant to a petition filed 

24 under section 221 of the Trade Act of 1974 on or 

25 before December 31, 2013, shall continue to be eligiVerDate Sep 11 2014 23:36 Nov 24, 2014 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2964.IS S2964

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1 ble to apply for and receive benefits under the provi2 sions of chapter 2 of title II of such Act, as in effect 

3 on December 31, 2013. 

4 (3) QUALIFYING SEPARATIONS WITH RESPECT

5 TO PETITIONS FILED WITHIN 90 DAYS OF DATE OF

6 ENACTMENT.—Section 223(b) of the Trade Act of 

7 1974, as in effect on the date of the enactment of 

8 this Act, shall be applied and administered by sub9 stituting ‘‘before January 1, 2014’’ for ‘‘more than 

10 one year before the date of the petition on which 

11 such certification was granted’’ for purposes of de12 termining whether a worker is eligible to apply for 

13 adjustment assistance pursuant to a petition filed 

14 under section 221 of the Trade Act of 1974 on or 

15 after the date of the enactment of this Act and on 

16 or before the date that is 90 days after such date 

17 of enactment. 

18 (b) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.— 

19 (1) CERTIFICATION OF FIRMS NOT CERTIFIED

20 BEFORE DATE OF ENACTMENT.— 

21 (A) CRITERIA IF A DETERMINATION HAS

22 NOT BEEN MADE.—If, as of the date of the en23 actment of this Act, the Secretary of Commerce 

24 has not made a determination with respect to 

25 whether to certify a firm as eligible to apply for 


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1 adjustment assistance under section 251 of the 

2 Trade Act of 1974 pursuant to a petition de3 scribed in subparagraph (C), the Secretary shall 

4 make that determination based on the require5 ments of section 251 of the Trade Act of 1974, 

6 as in effect on such date of enactment. 

7 (B) RECONSIDERATION OF DENIAL OF

8 CERTAIN PETITIONS.—If, before the date of the 

9 enactment of this Act, the Secretary made a de10 termination not to certify a firm as eligible to 

11 apply for adjustment assistance under section 

12 251 of the Trade Act of 1974 pursuant to a pe13 tition described in subparagraph (C), the Sec14 retary shall— 

15 (i) reconsider that determination; and 

16 (ii) if the firm meets the requirements 

17 of section 251 of the Trade Act of 1974, 

18 as in effect on such date of enactment, cer19 tify the firm as eligible to apply for adjust20 ment assistance. 

21 (C) PETITION DESCRIBED.—A petition de22 scribed in this subparagraph is a petition for a 

23 certification of eligibility filed by a firm or its 

24 representative under section 251 of the Trade 


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1 Act of 1974 on or after January 1, 2014, and 

2 before the date of the enactment of this Act. 

3 (2) CERTIFICATION OF FIRMS THAT DID NOT

4 SUBMIT PETITIONS BETWEEN JANUARY 1, 2014, AND

5 DATE OF ENACTMENT.— 

6 (A) IN GENERAL.—The Secretary of Com7 merce shall certify a firm described in subpara8 graph (B) as eligible to apply for adjustment 

9 assistance under section 251 of the Trade Act 

10 of 1974, as in effect on the date of the enact11 ment of this Act, if the firm or its representa12 tive files a petition for a certification of eligi13 bility under section 251 of the Trade Act of 

14 1974 not later than 90 days after such date of 

15 enactment. 

16 (B) FIRM DESCRIBED.—A firm described 

17 in this subparagraph is a firm that the Sec18 retary determines would have been certified as 

19 eligible to apply for adjustment assistance if— 

20 (i) the firm or its representative had 

21 filed a petition for a certification of eligi22 bility under section 251 of the Trade Act 

23 of 1974 on a date during the period begin24 ning on January 1, 2014, and ending on 


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1 the day before the date of the enactment 

2 of this Act; and 

3 (ii) the provisions of chapter 3 of title 

4 II of the Trade Act of 1974, as in effect 

5 on such date of enactment, had been in ef6 fect on that date during the period de7 scribed in clause (i). 

8 SEC. 302. SUNSET PROVISIONS. 

9 (a) APPLICATION OF PRIOR LAW.—Subject to sub10 section (b), beginning on January 1, 2021, the provisions 

11 of chapters 2, 3, 5, and 6 of title II of the Trade Act 

12 of 1974 (19 U.S.C. 2271 et seq.), as in effect on January 

13 1, 2014, shall be in effect and apply, except that in apply14 ing and administering such chapters— 

15 (1) paragraph (1) of section 231(c) of that Act 

16 shall be applied and administered as if subpara17 graphs (A), (B), and (C) of that paragraph were not 

18 in effect; 

19 (2) section 233 of that Act shall be applied and 

20 administered— 

21 (A) in subsection (a)— 

22 (i) in paragraph (2), by substituting 

23 ‘‘104-week period’’ for ‘‘104-week period’’ 

24 and all that follows through ‘‘130-week pe25 riod)’’; and 


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1 (ii) in paragraph (3)— 

2 (I) in the matter preceding sub3 paragraph (A), by substituting ‘‘65 

4 additional weeks’’ for ‘‘52 additional 

5 weeks’’; and 

6 (II) by substituting ‘‘78-week pe7 riod’’ for ‘‘52-week period’’ each place 

8 it appears; and 

9 (B) by applying and administering sub10 section (g) as if it read as follows: 

11 ‘‘(g) PAYMENT OF TRADE READJUSTMENT ALLOW12 ANCES TO COMPLETE TRAINING.—Notwithstanding any 

13 other provision of this section, in order to assist an ad14 versely affected worker to complete training approved for 

15 the worker under section 236 that leads to the completion 

16 of a degree or industry-recognized credential, payments 

17 may be made as trade readjustment allowances for not 

18 more than 13 weeks within such period of eligibility as 

19 the Secretary may prescribe to account for a break in 

20 training or for justifiable cause that follows the last week 

21 for which the worker is otherwise entitled to a trade read22 justment allowance under this chapter if— 

23 ‘‘(1) payment of the trade readjustment allow24 ance for not more than 13 weeks is necessary for the 

25 worker to complete the training; 


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1 ‘‘(2) the worker participates in training in each 

2 such week; and 

3 ‘‘(3) the worker— 

4 ‘‘(A) has substantially met the perform5 ance benchmarks established as part of the 

6 training approved for the worker; 

7 ‘‘(B) is expected to continue to make 

8 progress toward the completion of the training; 

9 and 

10 ‘‘(C) will complete the training during that 

11 period of eligibility.’’; 

12 (3) section 245(a) of that Act shall be applied 

13 and administered by substituting ‘‘2021’’ for 

14 ‘‘2007’’; 

15 (4) section 246(b)(1) of that Act shall be ap16 plied and administered by substituting ‘‘December 

17 31, 2021’’ for ‘‘the date that is 5 years’’ and all that 

18 follows through ‘‘State’’; 

19 (5) section 256(b) of that Act shall be applied 

20 and administered by substituting ‘‘the 1-year period 

21 beginning on January 1, 2021’’ for ‘‘each of fiscal 

22 years 2003 through 2007, and $4,000,000 for the 3- 

23 month period beginning on October 1, 2007’’; 

24 (6) section 298(a) of that Act shall be applied 

25 and administered by substituting ‘‘the 1-year period 


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1 beginning on January 1, 2021’’ for ‘‘each of the fis2 cal years’’ and all that follows through ‘‘October 1, 

3 2007’’; and 

4 (7) section 285 of that Act shall be applied and 

5 administered— 

6 (A) in subsection (a), by substituting 

7 ‘‘2021’’ for ‘‘2007’’ each place it appears; and 

8 (B) by applying and administering sub9 section (b) as if it read as follows: 

10 ‘‘(b) OTHER ASSISTANCE.— 

11 ‘‘(1) ASSISTANCE FOR FIRMS.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (B), assistance may not be pro14 vided under chapter 3 after December 31, 

15 2021. 

16 ‘‘(B) EXCEPTION.—Notwithstanding sub17 paragraph (A), any assistance approved under 

18 chapter 3 on or before December 31, 2021, may 

19 be provided— 

20 ‘‘(i) to the extent funds are available 

21 pursuant to such chapter for such purpose; 

22 and 

23 ‘‘(ii) to the extent the recipient of the 

24 assistance is otherwise eligible to receive 

25 such assistance. 


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1 ‘‘(2) FARMERS.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (B), assistance may not be pro4 vided under chapter 6 after December 31, 

5 2021. 

6 ‘‘(B) EXCEPTION.—Notwithstanding sub7 paragraph (A), any assistance approved under 

8 chapter 6 on or before December 31, 2021, may 

9 be provided— 

10 ‘‘(i) to the extent funds are available 

11 pursuant to such chapter for such purpose; 

12 and 

13 ‘‘(ii) to the extent the recipient of the 

14 assistance is otherwise eligible to receive 

15 such assistance.’’. 

16 (b) EXCEPTIONS.—The provisions of chapters 2, 3, 

17 5, and 6 of title II of the Trade Act of 1974, as in effect 

18 on the date of the enactment of this Act, shall continue 

19 to apply on and after January 1, 2021, with respect to— 

20 (1) workers certified as eligible for trade adjust21 ment assistance benefits under chapter 2 of title II 

22 of that Act pursuant to petitions filed under section 

23 221 of that Act before January 1, 2021; 

24 (2) firms certified as eligible for technical as25 sistance or grants under chapter 3 of title II of that 


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1 Act pursuant to petitions filed under section 251 of 

2 that Act before January 1, 2021; and 

3 (3) agricultural commodity producers certified 

4 as eligible for technical or financial assistance under 

5 chapter 6 of title II of that Act pursuant to petitions 

6 filed under section 292 of that Act before January 

7 1, 2021. 

8 TITLE IV—HEALTH COVERAGE 

9 TAX CREDIT 

10 SEC. 401. EXTENSION AND MODIFICATION OF HEALTH COV11 ERAGE TAX CREDIT. 

12 (a) EXTENSION.—Subparagraph (B) of section 

13 35(b)(1) of the Internal Revenue Code of 1986 is amended 

14 by striking ‘‘before January 1, 2014’’ and inserting ‘‘be15 fore January 1, 2021’’. 

16 (b) INCREASE.—Subsection (a) of section 35 of the 

17 Internal Revenue Code of 1986 is amended by striking 

18 ‘‘72.5 percent’’ and inserting ‘‘80 percent’’. 

19 (c) COORDINATION WITH PPACA CREDIT FOR COV20 ERAGE UNDER A QUALIFIED HEALTH PLAN.— 

21 (1) IN GENERAL.—Subsection (a) of section 35 

22 of the Internal Revenue Code of 1986 is amended by 

23 striking ‘‘In the case of an individual,’’ and inserting 

24 ‘‘In the case of an individual who elects the applica25 tion of this section for the taxable year,’’. 


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1 (2) COORDINATION RULE.—Subsection (g) of 

2 section 35 of such Code is amended— 

3 (A) by striking ‘‘(10) REGULATIONS’’ and 

4 inserting ‘‘(12) REGULATIONS’’, and 

5 (B) by inserting after paragraph (10) (re6 lating to continued qualification of family mem7 bers after certain events) the following new 

8 paragraph: 

9 ‘‘(11) COORDINATION WITH PREMIUM TAX

10 CREDIT.— 

11 ‘‘(A) IN GENERAL.—In the case of a tax12 payer who elects the application of this section 

13 for any taxable year, no credit shall be allowed 

14 under section 36B with respect to such tax15 payer for such taxable year. 

16 ‘‘(B) ELECTION.—Any election for this 

17 section to apply for a taxable year, once made, 

18 shall be irrevocable.’’. 

19 (3) ADVANCE PAYMENT.—Section 7527 of such 

20 Code is amended by adding at the end the following 

21 new subsection: 

22 ‘‘(f) COORDINATION WITH ADVANCE PAYMENT OF

23 PREMIUM TAX CREDIT.—No payment shall be made 

24 under this section on behalf of any individual with respect 

25 to whom any advance payment is made under section 1412 


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1 of the Patient Protection and Affordable Care Act for the 

2 taxable year.’’. 

3 (4) PROCEDURES.—The Secretary of the Treas4 ury shall issue such procedures and guidance as may 

5 be necessary or appropriate to coordinate, and facili6 tate taxpayer choices between, advance payments 

7 under section 7527 of the Internal Revenue Code of 

8 1986 and section 1412 of the Patient Protection and 

9 Affordable Care Act. 

10 (d) HEALTH PLANS OFFERED THROUGH EXCHANGE

11 TREATED AS QUALIFIED HEALTH INSURANCE.—Para12 graph (1) of section 35(e) of such Code is amended by 

13 adding at the end the following new subparagraph: 

14 ‘‘(L) Coverage under a qualified health 

15 plan which was enrolled in through an Ex16 change established under section 1311 of the 

17 Patient Protection and Affordable Care Act.’’. 

18 (e) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—The amendments made by 

20 this section shall apply to coverage months begin21 ning after December 31, 2013. 

22 (2) ADVANCE PAYMENT PROVISIONS.—The 

23 amendment made by subsection (c)(3) shall apply to 

24 certificates issued after the date of the enactment of 

25 this Act. 


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1 SEC. 402. TAA PRE-CERTIFICATION RULE FOR PURPOSES 

2 OF DETERMINING WHETHER THERE IS A 63- 

3 DAY LAPSE IN CREDITABLE COVERAGE. 

4 (a) IN GENERAL.—The following provisions are each 

5 amended by striking ‘‘January 1, 2014’’ and inserting 

6 ‘‘January 1, 2021’’: 

7 (1) Section 9801(c)(2)(D). 

8 (2) Section 701(c)(2)(C) of the Employee Re9 tirement Income Security Act of 1974. 

10 (3) Section 2701(c)(2)(C) of the Public Health 

11 Service Act (as in effect for plan years beginning be12 fore January 1, 2014). 

13 (4) Section 2704(c)(2)(C) of the Public Health 

14 Service Act (as in effect for plan years beginning on 

15 or after January 1, 2014). 

16 (b) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—The amendments made by 

18 this section shall apply to plan years beginning after 

19 December 31, 2013. 

20 (2) TRANSITIONAL RULES.— 

21 (A) BENEFIT DETERMINATIONS.—Not22 withstanding the amendments made by this sec23 tion (and the provisions of law amended there24 by), a plan shall not be required to modify ben25 efit determinations for the period beginning on 

26 January 1, 2014, and ending 30 days after the 


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•S 2964 IS

1 date of the enactment of this Act, but a plan 

2 shall not fail to be qualified health insurance 

3 within the meaning of section 35(e) of the In4 ternal Revenue Code of 1986 during this period 

5 merely due to such failure to modify benefit de6 terminations. 

7 (B) GUIDANCE CONCERNING PERIODS BE8 FORE 30 DAYS AFTER ENACTMENT.—Except as 

9 provided in subparagraph (A), the Secretary of 

10 the Treasury (or his designee), in consultation 

11 with the Secretary of Health and Human Serv12 ices and the Secretary of Labor, may issue reg13 ulations or other guidance regarding the scope 

14 of the application of the amendments made by 

15 this section to periods before the date which is 

16 30 days after the date of the enactment of this 

17 Act. 

18 (C) SPECIAL RULE RELATING TO CERTAIN

19 LOSS OF COVERAGE.—In the case of a TAA-re20 lated loss of coverage (as defined in section 

21 4980B(f)(5)(C)(iv) of the Internal Revenue 

22 Code of 1986) that occurs during the period be23 ginning on January 1, 2014, and ending 30 

24 days after the date of the enactment of this 

25 Act, the 7-day period described in section 


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1 9801(c)(2)(D) of the Internal Revenue Code of 

2 1986, section 701(c)(2)(C) of the Employee Re3 tirement Income Security Act of 1974, and sec4 tion 2701(c)(2)(C) of the Public Health Service 

5 Act shall be extended until 30 days after such 

6 date of enactment. 

7 SEC. 403. EXTENSION OF COBRA BENEFITS FOR CERTAIN 

8 TAA-ELIGIBLE INDIVIDUALS AND PBGC RE9 CIPIENTS. 

10 (a) IN GENERAL.—The following provisions are each 

11 amended by striking ‘‘January 1, 2014’’ and inserting 

12 ‘‘January 1, 2021’’: 

13 (1) Section 4980B(f)(2)(B)(i)(V). 

14 (2) Section 4980B(f)(2)(B)(i)(VI). 

15 (3) Section 602(2)(A)(v) of the Employee Re16 tirement Income Security Act of 1974. 

17 (4) Section 602(2)(A)(vi) of such Act. 

18 (5) Section 2202(2)(A)(iv) of the Public Health 

19 Service Act. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to periods of coverage which would 

22 (without regard to the amendments made by this section) 

23 end on or after the date which is 30 days after the date 

24 of the enactment of this Act. 

Æ 


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