S. 308 – Trade Extenders Act of 2011

112th CONGRESS

1st Session

S. 308

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.

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.

Trade Adjustment Assistance and health coverage improvement

Extension of Trade Adjustment Assistance

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.

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.

Health coverage improvement

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.

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.

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.

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.

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.

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.

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.

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.

Generalized System of Preferences and Andean Trade Preference Act

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.

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.

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.

III

Offsets

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.

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.

Budgetary effects

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.

Trade Extenders Act of 2011

Legislative Activity

Bill Text