[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 308 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 308

  To extend trade adjustment assistance and certain trade preference 
                   programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 8, 2011

Mr. Casey (for himself and Mr. Brown of Ohio) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To extend trade adjustment assistance and certain trade preference 
                   programs, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Extenders 
Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE IMPROVEMENT

          Subtitle A--Extension of Trade Adjustment Assistance

Sec. 101. Extension of Trade Adjustment Assistance.
Sec. 102. Merit staffing for State administration of Trade Adjustment 
                            Assistance.
                Subtitle B--Health Coverage Improvement

Sec. 111. Improvement of the affordability of the credit.
Sec. 112. Payment for the monthly premiums paid prior to commencement 
                            of the advance payments of credit.
Sec. 113. TAA recipients not enrolled in training programs eligible for 
                            credit.
Sec. 114. TAA pre-certification period rule for purposes of determining 
                            whether there is a 63-day lapse in 
                            creditable coverage.
Sec. 115. Continued qualification of family members after certain 
                            events.
Sec. 116. Extension of COBRA benefits for certain TAA-eligible 
                            individuals and PBGC recipients.
Sec. 117. Addition of coverage through voluntary employees' beneficiary 
                            associations.
Sec. 118. Notice requirements.
TITLE II--GENERALIZED SYSTEM OF PREFERENCES AND ANDEAN TRADE PREFERENCE 
                                  ACT

Sec. 201. Extension of Generalized System of Preferences.
Sec. 202. Ineligibility of certain sleeping bags for preferential 
                            treatment under the Generalized System of 
                            Preferences.
Sec. 203. Extension of Andean Trade Preference Act.
                           TITLE III--OFFSETS

Sec. 301. Customs user fees.
Sec. 302. Time for payment of corporate estimated taxes.
                      TITLE IV--BUDGETARY EFFECTS

Sec. 401. Compliance with PAYGO.

  TITLE I--TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE IMPROVEMENT

          Subtitle A--Extension of Trade Adjustment Assistance

SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE.

    (a) In General.--Section 1893(a) of the Trade and Globalization 
Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat. 422) is 
amended by striking ``Febrary 13, 2011'' each place it appears and 
inserting ``July 1, 2012''.
    (b) Application of Prior Law.--Section 1893(b) of the Trade and 
Globalization Adjustment Assistance Act of 2009 (Public Law 111-5; 123 
Stat. 422 (19 U.S.C. 2271 note prec.)) is amended to read as follows:
    ``(b) Application of Prior Law.--Chapters 2, 3, 4, 5, and 6 of 
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall be 
applied and administered beginning July 1, 2012, as if the amendments 
made by this subtitle (other than part VI) had never been enacted, 
except that in applying and administering such chapters--
            ``(1) section 245 of that Act shall be applied and 
        administered by substituting `June 30, 2013' for `December 31, 
        2007';
            ``(2) section 246(b)(1) of that Act shall be applied and 
        administered by substituting `June 30, 2013' for `the date that 
        is 5 years' and all that follows through `State';
            ``(3) section 256(b) of that Act shall be applied and 
        administered by substituting `the 1-year period beginning July 
        1, 2012, and ending June 30, 2013,' for `each of fiscal years 
        2003 through 2007, and $4,000,000 for the 3-month period 
        beginning on October 1, 2007,';
            ``(4) section 298(a) of that Act shall be applied and 
        administered by substituting `the 1-year period beginning July 
        1, 2012, and ending June 30, 2013' for `each of the fiscal 
        years' and all that follows through `October 1, 2007'; and
            ``(5) subject to subsection (a)(2), section 285 of that Act 
        shall be applied and administered--
                    ``(A) in subsection (a), by substituting `June 30, 
                2013' 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, 2013.
                    ```(B) Exception.--Notwithstanding subparagraph 
                (A), any assistance approved under chapter 3 on or 
                before June 30, 2013, 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, 2013.
                    ```(B) Exception.--Notwithstanding subparagraph 
                (A), any assistance approved under chapter 6 on or 
                before June 30, 2013, 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.'.''.
    (c) Conforming Amendments.--
            (1) Section 236(a)(2)(A) of the Trade Act of 1974 (19 
        U.S.C. 2296(a)(2)(A)) is amended by striking clauses (i) and 
        (ii) and inserting the following:
            ``(i) $575,000,000 for each of the fiscal years 2010 and 
        2011; and
            ``(ii) $431,250,000 for the 9-month period beginning 
        October 1, 2011, and ending June 30, 2012.''.
            (2) Section 245(a) of the Trade Act of 1974 (19 U.S.C. 
        2317(a)) is amended by striking ``February 12, 2011'' and 
        inserting ``June 30, 2012''.
            (3) Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 
        2318(b)(1)) is amended by striking ``February 12, 2011'' and 
        inserting ``June 30, 2012''.
            (4) Section 255 of the Trade Act of 1974 (19 U.S.C. 2345) 
        is amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by striking subsection (a) and inserting the 
                following:
    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out the provisions of this chapter--
            ``(1) $50,000,000 for each of the fiscal years 2010 and 
        2011; and
            ``(2) $37,500,000 for the 9-month period beginning October 
        1, 2011, and ending June 30, 2012.
    ``(b) Availability of Amounts.--Amounts appropriated pursuant to 
this section shall--
            ``(1) be available to provide adjustment assistance to 
        firms that file a petition for such assistance pursuant to this 
        chapter on or before June 30, 2012; and
            ``(2) otherwise remain available until expended.''.
            (5) Section 275(f) of the Trade Act of 1974 (19 U.S.C. 
        2371d(f)) is amended by striking ``December 15 in each of the 
        calendar years 2009 through'' and inserting ``December 15, 
        2009,''.
            (6) Section 276(c)(2) of the Trade Act of 1974 (19 U.S.C. 
        2371e(c)(2)) is amended by striking subparagraphs (A) and (B) 
        and inserting the following:
                    ``(A) $25,000,000 for each of the fiscal years 2010 
                and 2011; and
                    ``(B) $18,750,000 for the 9-month period beginning 
                October 1, 2011, and ending June 30, 2012.''.
            (7) Section 277(c) of the Trade Act of 1974 (19 U.S.C. 
        2371f(c)) is amended--
                    (A) in paragraph (1), by striking subparagraphs (A) 
                and (B) and inserting the following:
                    ``(A) $150,000,000 for each of the fiscal years 
                2010 and 2011; and
                    ``(B) $112,500,000 for the 9-month period beginning 
                October 1, 2011, and ending June 30, 2012.''; and
                    (B) in paragraph (2)(A), by striking ``February 12, 
                2011'' and inserting ``June 30, 2012''.
            (8) Section 278(e) of the Trade Act of 1974 (19 U.S.C. 
        2372(e)) is amended by striking ``December 15 in each of the 
        calendar years 2009 through'' and inserting ``December 15, 
        2009,''.
            (9) Section 279A(h)(2) of the Trade Act of 1974 (19 U.S.C. 
        2373(h)(2)) is amended by striking ``December 15 in each of the 
        calendar years 2009 through'' and inserting ``December 15, 
        2009,''.
            (10) Section 279B(a)(1) of the Trade Act of 1974 (19 U.S.C. 
        2373a(a)(1)) is amended by striking subparagraphs (A) and (B) 
        and inserting the following:
                    ``(A) $40,000,000 for each of the fiscal years 2010 
                and 2011; and
                    ``(B) $30,000,000 for the 9-month period beginning 
                October 1, 2011, and ending June 30, 2012.''.
            (11) Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 
        note) is amended by striking ``February 12, 2011'' each place 
        it appears and inserting ``June 30, 2012''.
            (12) Section 298(a) of the Trade Act of 1974 (19 U.S.C. 
        2401g(a)) is amended--
                    (A) by striking ``not to exceed $10,400,000 for the 
                6-week period beginning January 1, 2011, and ending 
                February 12, 2011,'';
                    (B) by striking the end period and inserting ``--
                ''; and
                    (C) by adding at the end the following:
            ``(1) $90,000,000 for each of the fiscal years 2010 and 
        2011; and
            ``(2) $67,500,000 for the 9-month period beginning October 
        1, 2011, and ending June 30, 2012.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on February 12, 2011.

SEC. 102. MERIT STAFFING FOR STATE ADMINISTRATION OF TRADE ADJUSTMENT 
              ASSISTANCE.

    (a) In General.--Section 102(a) of the Omnibus Trade Act of 2010 
(Public Law 111-344) is amended by striking ``February 12, 2011'' and 
inserting ``June 30, 2012''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on February 12, 2011.

                Subtitle B--Health Coverage Improvement

SEC. 111. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.

    (a) In General.--Section 35(a) of the Internal Revenue Code of 1986 
is amended by striking ``February 13, 2011'' and inserting ``July 1, 
2012''.
    (b) Conforming Amendment.--Section 7527(b) of such Code is amended 
by striking ``February 13, 2011'' and inserting ``July 1, 2012''.
    (c) Effective Date.--The amendments made by this section shall 
apply to coverage months beginning after February 12, 2011.

SEC. 112. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT 
              OF THE ADVANCE PAYMENTS OF CREDIT.

    (a) In General.--Section 7527(e) of the Internal Revenue Code of 
1986 is amended by striking ``February 13, 2011'' and inserting ``July 
1, 2012''.
    (b) Effective Date.--The amendment made by this section shall apply 
to coverage months beginning after February 12, 2011.

SEC. 113. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR 
              CREDIT.

    (a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code 
of 1986 is amended by striking ``February 13, 2011'' and inserting 
``July 1, 2012''.
    (b) Effective Date.--The amendment made by this section shall apply 
to coverage months beginning after February 12, 2011.

SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING 
              WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.

    (a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue 
Code of 1986 is amended by striking ``February 13, 2011'' and inserting 
``July 1, 2012''.
    (b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is 
amended by striking ``February 13, 2011'' and inserting ``July 1, 
2012''.
    (c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health 
Service Act (as in effect for plan years beginning before January 1, 
2014 (42 U.S.C. 300gg note)) is amended by striking ``February 13, 
2011'' and inserting ``July 1, 2012''.
    (d) Effective Date.--The amendments made by this section shall 
apply to plan years beginning after February 12, 2011.

SEC. 115. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN 
              EVENTS.

    (a) In General.--Section 35(g)(9) of the Internal Revenue Code of 
1986, as added by section 1899E(a) of the American Recovery and 
Reinvestment Tax Act of 2009 (relating to continued qualification of 
family members after certain events), is amended by striking ``February 
13, 2011'' and inserting ``July 1, 2012''.
    (b) Conforming Amendment.--Section 173(f)(8) of the Workforce 
Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking 
``February 13, 2011'' and inserting ``July 1, 2012''.
    (c) Effective Date.--The amendments made by this section shall 
apply to months beginning after February 12, 2011.

SEC. 116. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE 
              INDIVIDUALS AND PBGC RECIPIENTS.

    (a) ERISA Amendments.--
            (1) PBGC recipients.--Section 602(2)(A)(v) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 
        1162(2)(A)(v)) is amended by striking ``February 12, 2011'' and 
        inserting ``June 30, 2012''.
            (2) TAA-eligible individuals.--Section 602(2)(A)(vi) of 
        such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking 
        ``February 12, 2011'' and inserting ``June 30, 2012''.
    (b) IRC Amendments.--
            (1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the 
        Internal Revenue Code of 1986 is amended by striking ``February 
        12, 2011'' and inserting ``June 30, 2012''.
            (2) TAA-eligible individuals.--Section 
        4980B(f)(2)(B)(i)(VI) of such Code is amended by striking 
        ``February 12, 2011'' and inserting ``June 30, 2012''.
    (c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health 
Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking 
``February 12, 2011'' and inserting ``June 30, 2012''.
    (d) Effective Date.--The amendments made by this section shall 
apply to periods of coverage which would (without regard to the 
amendments made by this section) end on or after February 13, 2011.

SEC. 117. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY 
              ASSOCIATIONS.

    (a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code 
of 1986 is amended by striking ``February 13, 2012'' and inserting 
``July 1, 2012''.
    (b) Effective Date.--The amendment made by this section shall apply 
to coverage months beginning after February 12, 2011.

SEC. 118. NOTICE REQUIREMENTS.

    (a) In General.--Section 7527(d)(2) of the Internal Revenue Code of 
1986 is amended by striking ``February 13, 2011'' and inserting ``July 
1, 2012''.
    (b) Effective Date.--The amendment made by this section shall apply 
to certificates issued after February 12, 2011.

TITLE II--GENERALIZED SYSTEM OF PREFERENCES AND ANDEAN TRADE PREFERENCE 
                                  ACT

SEC. 201. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.

    (a) Extension.--Section 505 of the Trade Act of 1974 (19 U.S.C. 
2465) is amended by striking ``December 31, 2010'' and inserting ``June 
30, 2012''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to goods entered on or after the 15th day after the date 
        of the enactment of this Act.
            (2) Retroactive application for certain liquidations and 
        reliquidations.--
                    (A) In general.--Notwithstanding section 514 of the 
                Tariff Act of 1930 (19 U.S.C. 1514) or any other 
                provision of law and subject to subparagraph (B), any 
                entry of an article (other than an article described in 
                section 503(b)(5) of the Trade Act of 1974, as amended 
                by section 202(a) of this Act) to which duty-free 
                treatment under title V of the Trade Act of 1974 would 
                have applied if the entry had been made on December 31, 
                2010, that was made--
                            (i) after December 31, 2010; and
                            (ii) before the 15th day after the date of 
                        the enactment of this Act,
                shall be liquidated or reliquidated as though such 
                entry occurred on the date that is 15 days after the 
                date of the enactment of this Act.
                    (B) Requests.--A liquidation or reliquidation may 
                be made under subparagraph (A) with respect to an entry 
                only if a request therefor is filed with U.S. Customs 
                and Border Protection not later than 180 days after the 
                date of the enactment of this Act that contains 
                sufficient information to enable U.S. Customs and 
                Border Protection--
                            (i) to locate the entry; or
                            (ii) to reconstruct the entry if it cannot 
                        be located.
                    (C) Payment of amounts owed.--Any amounts owed by 
                the United States pursuant to the liquidation or 
                reliquidation of an entry of an article under 
                subparagraph (A) shall be paid, without interest, not 
                later than 90 days after the date of the liquidation or 
                reliquidation (as the case may be).
            (3) Definition.--As used in this subsection, the term 
        ``entry'' includes a withdrawal from warehouse for consumption.

SEC. 202. INELIGIBILITY OF CERTAIN SLEEPING BAGS FOR PREFERENTIAL 
              TREATMENT UNDER THE GENERALIZED SYSTEM OF PREFERENCES.

    (a) In General.--Section 503(b) of the Trade Act of 1974 (19 U.S.C. 
2463(b)) is amended by adding at the end the following:
            ``(5) Certain sleeping bags.--
                    ``(A) In general.--An article described in 
                subparagraph (B) shall not be an eligible article for 
                purposes of subsection (a).
                    ``(B) Article described.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an article described in this 
                        subparagraph is an article that is classifiable 
                        under subheading 9404.30.80 of the Harmonized 
                        Tariff Schedule of the United States.
                            ``(ii) Exceptions.--
                                    ``(I) Higher-value sleeping bags.--
                                An article described in this 
                                subparagraph does not include--
                                            ``(aa) in 2011, any 
                                        sleeping bag valued at more 
                                        than $11;
                                            ``(bb) in 2012, any 
                                        sleeping bag valued at more 
                                        than $12; or
                                            ``(cc) in 2013 and any year 
                                        thereafter, any sleeping bag 
                                        valued at more than $13.
                                    ``(II) Kits.--An article described 
                                in this subparagraph does not include 
                                any sleeping bag that--
                                            ``(aa) contains less than 1 
                                        pound of insulation (fill);
                                            ``(bb) is less than 28 
                                        inches wide and less than 60 
                                        inches in length;
                                            ``(cc) is packaged with at 
                                        least a backpack and 
                                        flashlight; and
                                            ``(dd) is intended to be 
                                        sold with the items described 
                                        in item (cc) as a kit.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to articles entered, or withdrawn from warehouse for consumption, 
on or after the 15th day after the date of the enactment of this Act.

SEC. 203. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.

    (a) Extension.--Section 208(a) of the Andean Trade Preference Act 
(19 U.S.C. 3206(a)) is amended--
            (1) in paragraph (1)(A), by striking ``February 12, 2011'' 
        and inserting ``June 30, 2012''; and
            (2) in paragraph (2), by striking ``February 12, 2011'' and 
        inserting ``June 30, 2012''.
    (b) Treatment of Certain Apparel Articles.--Section 204(b)(3) of 
the Andean Trade Preference Act (19 U.S.C. 3203(b)(3)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (iii)--
                            (i) in subclause (II), by striking ``8 
                        succeeding 1-year periods'' and inserting ``9 
                        succeeding 1-year periods''; and
                            (ii) in subclause (III)(bb), by striking 
                        ``and for the succeeding 3-year period'' and 
                        inserting ``and for the succeeding 4-year 
                        period''; and
                    (B) in clause (v)(II), by striking ``7 succeeding 
                1-year periods'' and inserting ``8 succeeding 1-year 
                periods''; and
            (2) in subparagraph (E)(ii)(II), by striking ``February 12, 
        2011'' and inserting ``June 30, 2012''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on February 12, 2011.

                           TITLE III--OFFSETS

SEC. 301. CUSTOMS USER FEES.

    Section 13031(j)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
            (1) in subparagraph (A), by striking ``January 7, 2020'' 
        and inserting ``September 30, 2020''; and
            (2) in subparagraph (B)(i), by striking ``January 14, 
        2020'' and inserting ``November 30, 2020''.

SEC. 302. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

    The percentage under paragraph (2) of section 561 of the Hiring 
Incentives to Restore Employment Act in effect on the date of the 
enactment of this Act is increased by 4.5 percentage points.

                      TITLE IV--BUDGETARY EFFECTS

SEC. 401. COMPLIANCE WITH PAYGO.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
                                 <all>