123STA T . 3 97PUBLIC LA W 111 –5—FE B. 17 , 2 0 09 ‘ ‘ (I I )theav e r a g ea n n u a ls ales o r p ro d u c t i on f or the article or service during the 36-m onth period pre- ceding that 12 -month period , and ’ ’ .SEC.1863 . BA S I S FORD E T ER M I N ATIONS. S ection 2 5 1 of the T rade A ctof1 974 (19 U .S. C . 2341), as amended, is further amended by adding at the end the follo w ing
‘‘(e) BASI S FOR S EC RE T AR Y ’S D ETER M I N ATIONS. —F or purposes of subsection (c)(1)(C), the Secretary may determine that there are increased imports of li k e or directly competitive articles or services, if customers accounting for a significant percentage of the decrease in the sales or production of the firm certify to the Secretary that such customers have increased their imports of such articles or services from a foreign country, either absolutely or relative to their ac q uisition of such articles or services from sup- pliers located in the United States. ‘‘(f) N OTIFICATION TO FIRMS OF A V AI L A B ILITY OF BENEFITS.— Upon receiving notice from the Secretary of L abor under section 225 of the identity of a firm that is covered by a certification issued under section 223, the Secretary of Commerce shall notify the firm of the availability of ad j ustment assistance under this chapter.’’. SEC. 186 4 . O V ERSI GH T AND ADMINISTRATION
A U THORI Z ATION OF A P PROPRIATIONS. (a) IN G ENERAL.—Chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.) is amended— (1) by striking sections 254, 255, 256, and 257
(2) by redesignating sections 25 8 , 259, 26 0 , 261, 262, 264, and 265, as sections 256, 257, 258, 259, 260, 261, and 262, respectively; and (3) by inserting after section 253 the following: ‘ ‘SEC. 25 4. OVERSIGHT AND ADMINISTRATION. ‘‘(a) IN GENERAL.—The Secretary shall, to such e x tent and in such amounts as are provided in appropriations Acts, provide grants to intermediary organi z ations (referred to in section 253(b)(1)) throughout the United States pursuant to agreements with such intermediary organizations. E ach such agreement shall require the intermediary organization to provide benefits to firms certified under section 251. The Secretary shall, to the maximum extent practicable, provide by O ctober 1, 2010, that contracts entered into with intermediary organizations be for a 12-month period and that all such contracts have the same beginning date and the same ending date. ‘‘(b) DISTRIB U TION OF FUN D S.— ‘‘(1) IN G ENERAL.—Not later than 90 days after the date of the enactment of this subsection, the Secretary shall develop a methodology for the distribution of funds among the inter- mediary organizations described in subsection (a). ‘‘(2) P ROM P T INITIAL DISTRIBUTION.—The methodology described in paragraph (1) shall ensure the prompt initial dis- tribution of funds and establish additional criteria governing the apportionment and distribution of the remainder of such funds among the intermediary organizations. ‘‘(3) CRITERIA.—The methodology described in paragraph (1) shall include criteria based on the data in the annual report on the trade adjustment assistance for firms program Crite ri a.D ea dl i n e. M et ho dolo gy . Deadline. Contra c t s . G rants. 19US C 234 4. 19 USC 234 8– 23 5 2 , 2354, 2355. 19 USC 2344–234 7 . Certi f ication.
