II 

112TH CONGRESS 

1ST SESSION S. 1286 

To extend trade adjustment assistance, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 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 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. 

4 This Act may be cited as the ‘‘Trade Adjustment As5 sistance Extension Act of 2011’’. 

6 TITLE I—EXTENSION OF TRADE 

7 ADJUSTMENT ASSISTANCE 

8 SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE. 

9 (a) IN GENERAL.—Section 1893 of the Trade and 

10 Globalization Adjustment Assistance Act of 2009 (Public 

11 Law 111–5; 123 Stat. 422) is repealed. 


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1 (b) CONFORMING AMENDMENTS.— 

2 (1) Section 236(a)(2)(A) of the Trade Act of 

3 1974 (19 U.S.C. 2296(a)(2)(A)) (as in effect on 

4 February 12, 2011) is amended by striking ‘‘shall 

5 not exceed—’’ and all that follows and inserting 

6 ‘‘shall not exceed $575,000,000 for each of the fiscal 

7 years 2011 through 2016, and $143,750,000 for the 

8 3-month period beginning on October 1, 2016, and 

9 ending on December 31, 2016.’’. 

10 (2) Section 245(a) of the Trade Act of 1974 

11 (19 U.S.C. 2317(a)) (as in effect on February 12, 

12 2011) is amended by striking ‘‘February 12, 2011’’ 

13 and inserting ‘‘December 31, 2016’’. 

14 (3) Section 246(b)(1) of the Trade Act of 1974 

15 (19 U.S.C. 2318(b)(1)) (as in effect on February 

16 12, 2011) is amended by striking ‘‘February 12, 

17 2011’’ and inserting ‘‘December 31, 2016’’. 

18 (4) Section 255(a) of the Trade Act of 1974 

19 (19 U.S.C. 2345(a)) (as in effect on February 12, 

20 2011) is amended by striking ‘‘for fiscal year 2010’’ 

21 and all that follows and inserting ‘‘for each of the 

22 fiscal years 2011 through 2016, and $12,500,000 

23 for the 3-month period beginning on October 1, 

24 2016, and ending on December 31, 2016. Amounts 


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1 appropriated pursuant to this subsection shall re2 main available until expended.’’. 

3 (5) Section 275(f) of the Trade Act of 1974 (19 

4 U.S.C. 2371d(f)) (as in effect on February 12, 

5 2011) is amended by striking ‘‘December 15 in each 

6 of the calendar years 2009 through’’ and inserting 

7 ‘‘December 15, 2009,’’. 

8 (6) Section 276(c)(2) of the Trade Act of 1974 

9 (19 U.S.C. 2371e(c)(2)) (as in effect on February 

10 12, 2011) is amended by striking ‘‘not more than— 

11 ’’ and all that follows and inserting ‘‘not more than 

12 $25,000,000 for each of the fiscal years 2011 

13 through 2016, and $6,250,000 for the 3-month pe14 riod beginning on October 1, 2016, and ending on 

15 December 31, 2016.’’. 

16 (7) Section 277(c) of the Trade Act of 1974 

17 (19 U.S.C. 2371f(c)) (as in effect on February 12, 

18 2011) is amended— 

19 (A) in paragraph (1), by striking ‘‘this 

20 subchapter—’’ and all that follows and insert21 ing ‘‘this subchapter $150,000,000 for each of 

22 the fiscal years 2011 through 2016, and 

23 $37,500,000 for the 3-month period beginning 

24 on October 1, 2016, and ending on December 

25 31, 2016.’’; and 


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1 (B) by striking paragraph (2) and insert2 ing the following: 

3 ‘‘(2) AVAILABILITY.—Amounts appropriated 

4 pursuant to this subchapter shall remain available 

5 until expended.’’. 

6 (8) Section 278(e) of the Trade Act of 1974 

7 (19 U.S.C. 2372(e)) (as in effect on February 12, 

8 2011) is amended by striking ‘‘December 15 in each 

9 of the calendar years 2009 through’’ and inserting 

10 ‘‘December 15, 2009,’’. 

11 (9) Section 279A(h)(2) of the Trade Act of 

12 1974 (19 U.S.C. 2373(h)(2)) (as in effect on Feb13 ruary 12, 2011) is amended by striking ‘‘December 

14 15 in each of the calendar years 2009 through’’ and 

15 inserting ‘‘December 15, 2009,’’. 

16 (10) Section 279B(a)(1) of the Trade Act of 

17 1974 (19 U.S.C. 2373a(a)(1)) (as in effect on Feb18 ruary 12, 2011) is amended by striking ‘‘section 

19 279A—’’ and all that follows and inserting ‘‘section 

20 279A $40,000,000 for each of the fiscal years 2011 

21 through 2016, and $10,000,000 for the 3-month pe22 riod beginning on October 1, 2016, and ending on 

23 December 31, 2016.’’. 


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1 (11) Section 285 of the Trade Act of 1974 (19 

2 U.S.C. 2271 note) (as in effect on February 12, 

3 2011) is amended to read as follows: 

4 ‘‘SEC. 285. TERMINATION. 

5 ‘‘(a) ASSISTANCE FOR WORKERS.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), trade adjustment assistance, vouchers, al8 lowances, and other payments or benefits may not be 

9 provided under chapter 2 after December 31, 2016. 

10 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

11 (1), a worker shall continue to receive trade adjust12 ment assistance benefits and other benefits under 

13 chapter 2 for any week for which the worker meets 

14 the eligibility requirements of that chapter if the 

15 worker is— 

16 ‘‘(A) certified as eligible for trade adjust17 ment assistance benefits under chapter 2 pursu18 ant to a petition filed under section 221 on or 

19 before December 31, 2016; and 

20 ‘‘(B) otherwise eligible to receive trade ad21 justment assistance benefits under chapter 2. 

22 ‘‘(b) OTHER ASSISTANCE.— 

23 ‘‘(1) ASSISTANCE FOR FIRMS.— 

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

25 subparagraph (B), technical assistance and 


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1 grants may not be provided under chapter 3 

2 after December 31, 2016. 

3 ‘‘(B) EXCEPTION.—Notwithstanding sub4 paragraph (A), any technical assistance or 

5 grant approved under chapter 3 pursuant to a 

6 petition filed under section 251 on or before 

7 December 31, 2016, may be provided— 

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

9 pursuant to such chapter for such purpose; 

10 and 

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

12 technical assistance or grant is otherwise 

13 eligible to receive such technical assistance 

14 or grant, as the case may be. 

15 ‘‘(2) FARMERS.— 

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

17 subparagraph (B), technical assistance and fi18 nancial assistance may not be provided under 

19 chapter 6 after December 31, 2016. 

20 ‘‘(B) EXCEPTION.—Notwithstanding sub21 paragraph (A), any technical or financial assist22 ance approved under chapter 6 pursuant to a 

23 petition filed under section 292 on or before 

24 December 31, 2016, may be provided— 


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

2 pursuant to such chapter for such purpose; 

3 and 

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

5 technical or financial assistance is other6 wise eligible to receive such technical or fi7 nancial assistance, as the case may be. 

8 ‘‘(3) ASSISTANCE FOR COMMUNITIES.— 

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

10 subparagraph (B), technical assistance and 

11 grants may not be provided under chapter 4 

12 after December 31, 2016. 

13 ‘‘(B) EXCEPTION.—Notwithstanding sub14 paragraph (A), any technical assistance or 

15 grant approved under chapter 4 pursuant to a 

16 petition filed under section 273, or a grant pro17 posal submitted under section 278 or 279A, on 

18 or before December 31, 2016, may be pro19 vided— 

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 technical assistance or grant is otherwise 


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1 eligible to receive such technical assistance 

2 or grant, as the case may be.’’. 

3 (12) Section 298(a) of the Trade Act of 1974 

4 (19 U.S.C. 2401g(a)) (as in effect on February 12, 

5 2011) is amended by striking ‘‘$10,400,000 for the 

6 6-week period beginning January 1, 2011, and end7 ing February 12, 2011,’’ and inserting 

8 ‘‘$90,000,000 for each of the fiscal years 2011 

9 through 2016, and $22,500,000 for the 3-month pe10 riod beginning on October 1, 2016, and ending on 

11 December 31, 2016’’. 

12 SEC. 102. EFFECTIVE DATE. 

13 The amendments made by section 101— 

14 (1) shall take effect on the date of the enact15 ment of this Act; and 

16 (2) shall apply to— 

17 (A) petitions for certification filed under 

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

19 of 1974 on or after such date of enactment; and 

20 (B) petitions for assistance and proposals 

21 for grants filed under chapter 4 of title II of 

22 the Trade Act of 1974 on or after such date of 

23 enactment. 


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1 TITLE II—HEALTH COVERAGE 

2 IMPROVEMENT 

3 SEC. 201. IMPROVEMENT OF THE AFFORDABILITY OF THE 

4 CREDIT. 

5 (a) IN GENERAL.—Section 35(a) of the Internal Rev6 enue Code of 1986 is amended by striking ‘‘February 13, 

7 2011’’ and inserting ‘‘January 1, 2017’’. 

8 (b) CONFORMING AMENDMENT.—Section 7527(b) of 

9 such Code is amended by striking ‘‘February 13, 2011’’ 

10 and inserting ‘‘January 1, 2017’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to coverage months beginning after 

13 February 12, 2011. 

14 SEC. 202. PAYMENT FOR THE MONTHLY PREMIUMS PAID 

15 PRIOR TO COMMENCEMENT OF THE AD16 VANCE PAYMENTS OF CREDIT. 

17 (a) IN GENERAL.—Section 7527(e) of the Internal 

18 Revenue Code of 1986 is amended by striking ‘‘February 

19 13, 2011’’ and inserting ‘‘January 1, 2017’’. 

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

21 this section shall apply to coverage months beginning after 

22 February 12, 2011. 


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1 SEC. 203. TAA RECIPIENTS NOT ENROLLED IN TRAINING 

2 PROGRAMS ELIGIBLE FOR CREDIT. 

3 (a) IN GENERAL.—Section 35(c)(2)(B) of the Inter4 nal Revenue Code of 1986 is amended by striking ‘‘Feb5 ruary 13, 2011’’ and inserting ‘‘January 1, 2017’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 this section shall apply to coverage months beginning after 

8 February 12, 2011. 

9 SEC. 204. TAA PRE-CERTIFICATION PERIOD RULE FOR PUR10 POSES OF DETERMINING WHETHER THERE IS 

11 A 63-DAY LAPSE IN CREDITABLE COVERAGE. 

12 (a) IRC AMENDMENT.—Section 9801(c)(2)(D) of the 

13 Internal Revenue Code of 1986 is amended by striking 

14 ‘‘February 13, 2011’’ and inserting ‘‘January 1, 2017’’. 

15 (b) ERISA AMENDMENT.—Section 701(c)(2)(C) of 

16 the Employee Retirement Income Security Act of 1974 

17 (29 U.S.C. 1181(c)(2)(C)) is amended by striking ‘‘Feb18 ruary 13, 2011’’ and inserting ‘‘January 1, 2017’’. 

19 (c) PHSA AMENDMENT.—Section 2701(c)(2)(C) of 

20 the Public Health Service Act (as in effect for plan years 

21 beginning before January 1, 2014 (42 U.S.C. 300gg 

22 note)) is amended by striking ‘‘February 13, 2011’’ and 

23 inserting ‘‘January 1, 2017’’. 

24 (d) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply to plan years beginning after Feb26 ruary 12, 2011. 


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1 SEC. 205. CONTINUED QUALIFICATION OF FAMILY MEM2 BERS AFTER CERTAIN EVENTS. 

3 (a) IN GENERAL.—Section 35(g)(9) of the Internal 

4 Revenue Code of 1986, as added by section 1899E(a) of 

5 the American Recovery and Reinvestment Tax Act of 2009 

6 (relating to continued qualification of family members 

7 after certain events), is amended by striking ‘‘February 

8 13, 2011’’ and inserting ‘‘January 1, 2017’’. 

9 (b) CONFORMING AMENDMENT.—Section 173(f)(8) 

10 of the Workforce Investment Act of 1998 (29 U.S.C. 

11 2918(f)(8)) is amended by striking ‘‘February 13, 2011’’ 

12 and inserting ‘‘January 1, 2017’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to months beginning after Feb15 ruary 12, 2011. 

16 SEC. 206. EXTENSION OF COBRA BENEFITS FOR CERTAIN 

17 TAA-ELIGIBLE INDIVIDUALS AND PBGC RE18 CIPIENTS. 

19 (a) ERISA AMENDMENTS.— 

20 (1) PBGC RECIPIENTS.—Section 602(2)(A)(v) 

21 of the Employee Retirement Income Security Act of 

22 1974 (29 U.S.C. 1162(2)(A)(v)) is amended by 

23 striking ‘‘February 12, 2011’’ and inserting ‘‘De24 cember 31, 2016’’. 

25 (2) TAA-ELIGIBLE INDIVIDUALS.—Section 

26 602(2)(A)(vi) of such Act (29 U.S.C. 


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1 1162(2)(A)(vi)) is amended by striking ‘‘February 

2 12, 2011’’ and inserting ‘‘December 31, 2016’’. 

3 (b) IRC AMENDMENTS.— 

4 (1) PBGC RECIPIENTS.—Section 

5 4980B(f)(2)(B)(i)(V) of the Internal Revenue Code 

6 of 1986 is amended by striking ‘‘February 12, 

7 2011’’ and inserting ‘‘December 31, 2016’’. 

8 (2) TAA-ELIGIBLE INDIVIDUALS.—Section 

9 4980B(f)(2)(B)(i)(VI) of such Code is amended by 

10 striking ‘‘February 12, 2011’’ and inserting ‘‘De11 cember 31, 2016’’. 

12 (c) PHSA AMENDMENTS.—Section 2202(2)(A)(iv) of 

13 the Public Health Service Act (42 U.S.C. 300bb– 

14 2(2)(A)(iv)) is amended by striking ‘‘February 12, 2011’’ 

15 and inserting ‘‘December 31, 2016’’. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to periods of coverage which would 

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

19 end on or after February 13, 2011. 

20 SEC. 207. ADDITION OF COVERAGE THROUGH VOLUNTARY 

21 EMPLOYEES’ BENEFICIARY ASSOCIATIONS. 

22 (a) IN GENERAL.—Section 35(e)(1)(K) of the Inter23 nal Revenue Code of 1986 is amended by striking ‘‘Feb24 ruary 13, 2012’’ and inserting ‘‘January 1, 2017’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to coverage months beginning after 

3 February 12, 2011. 

4 SEC. 208. NOTICE REQUIREMENTS. 

5 (a) IN GENERAL.—Section 7527(d)(2) of the Inter6 nal Revenue Code of 1986 is amended by striking ‘‘Feb7 ruary 13, 2011’’ and inserting ‘‘January 1, 2017’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 this section shall apply to certificates issued after Feb10 ruary 12, 2011. 

11 TITLE III—OFFSETS 

12 SEC. 301. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR 

13 GRANTOR RETAINED ANNUITY TRUSTS. 

14 (a) IN GENERAL.—Subsection (b) of section 2702 of 

15 the Internal Revenue Code of 1986 is amended— 

16 (1) by redesignating paragraphs (1), (2) and 

17 (3) as subparagraphs (A), (B), and (C), respectively, 

18 and by moving such subparagraphs (as so redesig19 nated) 2 ems to the right; 

20 (2) by striking ‘‘For purposes of’’ and inserting 

21 the following: 

22 ‘‘(1) IN GENERAL.—For purposes of’’; 

23 (3) by striking ‘‘paragraph (1) or (2)’’ in para24 graph (1)(C) (as so redesignated) and inserting 

25 ‘‘subparagraph (A) or (B)’’; and 


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1 (4) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) ADDITIONAL REQUIREMENTS WITH RE4 SPECT TO GRANTOR RETAINED ANNUITIES.—For 

5 purposes of subsection (a), in the case of an interest 

6 described in paragraph (1)(A) (determined without 

7 regard to this paragraph) which is retained by the 

8 transferor, such interest shall be treated as de9 scribed in such paragraph only if— 

10 ‘‘(A) the right to receive the fixed amounts 

11 referred to in such paragraph is for a term of 

12 not less than 10 years, 

13 ‘‘(B) such fixed amounts, when determined 

14 on an annual basis, do not decrease relative to 

15 any prior year during the first 10 years of the 

16 term referred to in subparagraph (A), and 

17 ‘‘(C) the remainder interest has a value 

18 greater than zero determined as of the time of 

19 the transfer.’’. 

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

21 this section shall apply to transfers made after December 

22 31, 2010. 


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1 TITLE IV—BUDGETARY EFFECTS 

2 SEC. 401. COMPLIANCE WITH PAYGO. 

3 The budgetary effects of this Act, for the purpose of 

4 complying with the Statutory Pay-As-You-Go Act of 2010, 

5 shall be determined by reference to the latest statement 

6 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

7 Act, submitted for printing in the Congressional Record 

8 by the Chairman of the Senate Budget Committee, pro9 vided that such statement has been submitted prior to the 

10 vote on passage. 

Æ 


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