Trade Adjustment Assistance Act of 2014 - Amends the Trade Adjustment Assistance Extension Act of 2011 to repeal the declaration that trade adjustment assistance (TAA) program requirements in effect as of February 13, 2011, under the Trade Act of 1974 shall apply to petitions for certification to apply for TAA for workers, firms, and farmers that are filed before January 1, 2014.
Amends the Trade Act of 1974 to extend through December 31, 2020: (1) the TAA program, and (2) the reemployment trade adjustment assistance (RTAA) program.
Makes funds available through FY2020, and for the period beginning October 1-December 31, 2020 (first quarter of FY2021), for training of adversely affected workers, employment and case management services, and job search expenses and relocation expenses.
Reauthorizes appropriations: (1) through December 31, 2020, for the TAA program for workers; and (2) through FY2020, and for the first quarter of FY2021, for the TAA program for firms, communities, and farmers.
Prescribes TAA eligibility requirements for adversely affected workers in public agencies.
Revises trade readjustment allowance (TRA) program requirements.
Limits to 130 weeks the length of TRA payments for an adversely affected worker who requires a program of remedial education or of prerequisite education in order to complete approved training.
Increases from 65 to 78 additional weeks of TRA payments in a 78-week period the length of additional time permissible to complete training.
Repeals the authority of a state to use funds for employment and case management services and relocation allowances to allow an adversely affected worker who is certified to file an application for a job search allowance and relocation allowance. (Continues to authorize adversely affected workers to apply for the job search allowance as well as the relocation allowance.)
Revises the reemployment trade adjustment assistance (RTAA) program.
Increases from: (1) $50,000 to $55,000 the maximum amount an RTAA-eligible worker may earn in wages from reemployment, and (2) $10,000 to $12,000 the maximum payment of RTAA (or wage subsidy) to an eligible older worker.
Specifies criteria the Secretary must use to determine the eligibility of workers to apply for TAA if no determination has been made, upon enactment of this Act, as to whether to certify a group of workers or firms as eligible pursuant to a petition filed between January 1, 2014, and enactment of this Act. Requires the Secretary to reconsider any determination made before enactment of this Act not to certify such workers or firms, and to certify them as eligible if they meet the specified requirements.
Amends the Internal Revenue Code to extend through calendar 2021, and increase from 72.5% to 80%, the tax credit for the health insurance coverage costs of Pension Benefit Guaranty Corporation (PBGC) pension and TAA recipients and their dependents.
Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act to extend through December 31, 2020, the TAA pre-certification period rule disregarding, for a specified period, any 63-day lapse in creditable health care coverage for TAA workers.
Extends also through December 31, 2020, the continued eligibility of certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2964 Introduced in Senate (IS)]
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.
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 Adjustment
Assistance Act of 2014''.
(b) Table of Contents.--The table of contents for 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.
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.
TITLE I--APPLICATION OF PROVISIONS RELATING TO TRADE ADJUSTMENT
ASSISTANCE
SEC. 101. APPLICATION OF PROVISIONS RELATING TO TRADE ADJUSTMENT
ASSISTANCE.
(a) Repeal of Snapback.--Section 233 of the Trade Adjustment
Assistance Extension Act of 2011 (Public Law 112-40; 125 Stat. 416) is
repealed.
(b) Applicability of Certain Provisions.--Except as otherwise
provided in this Act, the provisions of chapters 2 through 6 of title
II of the Trade Act of 1974, as in effect on December 31, 2013, and as
amended by this Act, shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to petitions for certification filed under
chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or
after such date of enactment.
(c) References.--Except as otherwise provided in this Act, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision of chapters 2 through 6 of
title II of the Trade Act of 1974, the reference shall be considered to
be made to a provision of any such chapter, as in effect on December
31, 2013.
TITLE II--EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM
Subtitle A--Extension Provisions
SEC. 201. EXTENSION OF TERMINATION PROVISIONS.
Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is
amended by striking ``2013'' each place it appears and inserting
``2020''.
SEC. 202. TRAINING FUNDS.
Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C.
2296(a)(2)(A)) is amended--
(1) in clause (i), by striking ``and 2013'' and inserting
``through 2020''; and
(2) in clause (ii), by striking ``2013'' each place it
appears and inserting ``2020''.
SEC. 203. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE.
Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1))
is amended by striking ``2013'' and inserting ``2020''.
SEC. 204. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Trade Adjustment Assistance for Workers.--Section 245(a) of the
Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ``2013''
and inserting ``2020''.
(b) Trade Adjustment Assistance for Firms.--Section 255(a) of the
Trade Act of 1974 (19 U.S.C. 2345(a)) is amended--
(1) by striking ``$16,000,000'' and inserting
``$50,000,000'';
(2) by striking ``and 2013'' and inserting ``through
2020'';
(3) by striking ``$4,000,000'' and inserting
``$6,250,000''; and
(4) by striking ``October 1, 2013, and ending on December
31, 2013'' and inserting ``October 1, 2020, and ending on
December 31, 2020''.
(c) Trade Adjustment Assistance for Communities.--Section 272(a) of
the Trade Act of 1974 (19 U.S.C. 2372(a)) is amended--
(1) by striking ``and 2010'' and inserting ``through
2020''; and
(2) by striking ``October 1, 2010, and ending December 31,
2010'' and inserting ``October 1, 2020, and ending December 31,
2020''.
(d) Trade Adjustment Assistance for Farmers.--Section 298(a) of the
Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended--
(1) by striking ``and 2013'' and inserting ``through
2020''; and
(2) by striking ``October 1, 2013, and ending on December
31, 2013'' and inserting ``October 1, 2020, and ending on
December 31, 2020''.
Subtitle B--Other Provisions
SEC. 211. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO PUBLIC AGENCY
WORKERS.
(a) Definitions.--Section 247 of the Trade Act of 1974 (19 U.S.C.
2319) is amended--
(1) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``The'' and inserting ``Subject to section
222(d)(5), the''; and
(B) in subparagraph (A), by striking ``or service
sector firm'' and inserting ``, service sector firm, or
public agency''; and
(2) by adding at the end the following:
``(19) The term `public agency' means a department or
agency of a State or local government or of the Federal
Government, or a subdivision thereof.''.
(b) Group Eligibility Requirements.--Section 222 of the Trade Act
of 1974 (19 U.S.C. 2272) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the following:
``(c) Adversely Affected Workers in Public Agencies.--A group of
workers in a public agency shall be certified by the Secretary as
eligible to apply for adjustment assistance under this chapter pursuant
to a petition filed under section 221 if the Secretary determines
that--
``(1) a significant number or proportion of the workers in
the public agency have become totally or partially separated,
or are threatened to become totally or partially separated;
``(2) the public agency has acquired from a foreign country
services like or directly competitive with services which are
supplied by such agency; and
``(3) the acquisition of services described in paragraph
(2) contributed importantly to such workers' separation or
threat of separation.'';
(3) in subsection (d) (as redesignated), by adding at the
end the following:
``(5) Reference to firm.--For purposes of subsections (a)
and (b), the term `firm' does not include a public agency.'';
and
(4) in paragraph (2) of subsection (e) (as redesignated),
by striking ``subsection (a) or (b)'' and inserting
``subsection (a), (b), or (c)''.
SEC. 212. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES.
(a) Limitations.--Section 233(a) of the Trade Act of 1974 (19
U.S.C. 2293(a)) is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by inserting after ``104-week period'' the following:
``(or, in the case of an adversely affected worker who requires
a program of remedial education (as described in section
236(a)(5)(D)) or a program of prerequisite education (as
described in section 236(a)(5)(E)) in order to complete
training approved for the worker under section 236, the 130-
week period)''; and
(2) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``65 additional weeks'' and inserting ``78
additional weeks''.
(b) Payment of Trade Readjustment Allowances To Complete
Training.--Section 233(f) of the Trade Act of 1974 (19 U.S.C. 2293(f))
is amended by striking ``13'' each place it appears and inserting
``26''.
SEC. 213. JOB SEARCH AND RELOCATION ALLOWANCES.
(a) Job Search Allowances.--Section 237 of the Trade Act of 1974
(19 U.S.C. 2297) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State'' and all that follows
through ``an adversely affected worker'' and inserting
``An adversely affected worker''; and
(B) by striking ``to file'' and inserting ``may
file''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``not more than
90 percent'' and inserting ``100 percent''; and
(B) in paragraph (2), by striking ``$1,250'' and
inserting ``$1,500''.
(b) Relocation Allowances.--Section 238 of the Trade Act of 1974
(19 U.S.C. 2298) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State'' and all that follows
through ``an adversely affected worker'' and inserting
``An adversely affected worker''; and
(B) by striking ``to file'' and inserting ``may
file''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``not more than
90 percent'' and inserting ``100 percent''; and
(B) in paragraph (2), by striking ``$1,250'' and
inserting ``$1,500''.
SEC. 214. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.
Section 246(a) of the Trade Act of 1974 (19 U.S.C. 2318(a)) is
amended--
(1) in paragraph (3)(B)(ii), by striking ``$50,000'' and
inserting ``$55,000''; and
(2) in paragraph (5), by striking ``$10,000'' each place it
appears and inserting ``$12,000''.
TITLE III--GENERAL PROVISIONS
SEC. 301. APPLICABILITY OF TRADE ADJUSTMENT ASSISTANCE PROVISIONS.
(a) Trade Adjustment Assistance for Workers.--
(1) Petitions filed on or after january 1, 2014, and before
date of enactment.--
(A) Certifications of workers not certified before
date of enactment.--
(i) Criteria if a determination has not
been made.--If, as of the date of the enactment
of this Act, the Secretary of Labor has not
made a determination with respect to whether to
certify a group of workers as eligible to apply
for adjustment assistance under section 222 of
the Trade Act of 1974 pursuant to a petition
described in clause (iii), the Secretary shall
make that determination based on the
requirements of section 222 of the Trade Act of
1974, as in effect on such date of enactment.
(ii) Reconsideration of denials of
certifications.--If, before the date of the
enactment of this Act, the Secretary made a
determination not to certify a group of workers
as eligible to apply for adjustment assistance
under section 222 of the Trade Act of 1974
pursuant to a petition described in clause
(iii), the Secretary shall--
(I) reconsider that determination;
and
(II) if the group of workers meets
the requirements of section 222 of the
Trade Act of 1974, as in effect on such
date of enactment, certify the group of
workers as eligible to apply for
adjustment assistance.
(iii) Petition described.--A petition
described in this clause is a petition for a
certification of eligibility for a group of
workers filed under section 221 of the Trade
Act of 1974 on or after January 1, 2014, and
before the date of the enactment of this Act.
(B) Eligibility for benefits.--
(i) In general.--Except as provided in
clause (ii), a worker certified as eligible to
apply for adjustment assistance under section
222 of the Trade Act of 1974 pursuant to a
petition described in subparagraph (A)(iii)
shall be eligible, on and after the date of the
enactment of this Act, to receive benefits only
under the provisions of chapter 2 of title II
of the Trade Act of 1974, as in effect on such
date of enactment.
(ii) Computation of maximum benefits.--
Benefits received by a worker described in
clause (i) under chapter 2 of title II of the
Trade Act of 1974 before the date of the
enactment of this Act shall be included in any
determination of the maximum benefits for which
the worker is eligible under the provisions of
chapter 2 of title II of the Trade Act of 1974,
as in effect on the date of the enactment of
this Act.
(2) Petitions filed before january 1, 2014.--A worker
certified as eligible to apply for adjustment assistance
pursuant to a petition filed under section 221 of the Trade Act
of 1974 on or before December 31, 2013, shall continue to be
eligible to apply for and receive benefits under the provisions
of chapter 2 of title II of such Act, as in effect on December
31, 2013.
(3) Qualifying separations with respect to petitions filed
within 90 days of date of enactment.--Section 223(b) of the
Trade Act of 1974, as in effect on the date of the enactment of
this Act, shall be applied and administered by substituting
``before January 1, 2014'' for ``more than one year before the
date of the petition on which such certification was granted''
for purposes of determining whether a worker is eligible to
apply for adjustment assistance pursuant to a petition filed
under section 221 of the Trade Act of 1974 on or after the date
of the enactment of this Act and on or before the date that is
90 days after such date of enactment.
(b) Trade Adjustment Assistance for Firms.--
(1) Certification of firms not certified before date of
enactment.--
(A) Criteria if a determination has not been
made.--If, as of the date of the enactment of this Act,
the Secretary of Commerce has not made a determination
with respect to whether to certify a firm as eligible
to apply for adjustment assistance under section 251 of
the Trade Act of 1974 pursuant to a petition described
in subparagraph (C), the Secretary shall make that
determination based on the requirements of section 251
of the Trade Act of 1974, as in effect on such date of
enactment.
(B) Reconsideration of denial of certain
petitions.--If, before the date of the enactment of
this Act, the Secretary made a determination not to
certify a firm as eligible to apply for adjustment
assistance under section 251 of the Trade Act of 1974
pursuant to a petition described in subparagraph (C),
the Secretary shall--
(i) reconsider that determination; and
(ii) if the firm meets the requirements of
section 251 of the Trade Act of 1974, as in
effect on such date of enactment, certify the
firm as eligible to apply for adjustment
assistance.
(C) Petition described.--A petition described in
this subparagraph is a petition for a certification of
eligibility filed by a firm or its representative under
section 251 of the Trade Act of 1974 on or after
January 1, 2014, and before the date of the enactment
of this Act.
(2) Certification of firms that did not submit petitions
between january 1, 2014, and date of enactment.--
(A) In general.--The Secretary of Commerce shall
certify a firm described in subparagraph (B) as
eligible to apply for adjustment assistance under
section 251 of the Trade Act of 1974, as in effect on
the date of the enactment of this Act, if the firm or
its representative files a petition for a certification
of eligibility under section 251 of the Trade Act of
1974 not later than 90 days after such date of
enactment.
(B) Firm described.--A firm described in this
subparagraph is a firm that the Secretary determines
would have been certified as eligible to apply for
adjustment assistance if--
(i) the firm or its representative had
filed a petition for a certification of
eligibility under section 251 of the Trade Act
of 1974 on a date during the period beginning
on January 1, 2014, and ending on the day
before the date of the enactment of this Act;
and
(ii) the provisions of chapter 3 of title
II of the Trade Act of 1974, as in effect on
such date of enactment, had been in effect on
that date during the period described in clause
(i).
SEC. 302. SUNSET PROVISIONS.
(a) Application of Prior Law.--Subject to subsection (b), beginning
on January 1, 2021, the provisions of chapters 2, 3, 5, and 6 of title
II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), as in effect on
January 1, 2014, shall be in effect and apply, except that in applying
and administering such chapters--
(1) paragraph (1) of section 231(c) of that Act shall be
applied and administered as if subparagraphs (A), (B), and (C)
of that paragraph were not in effect;
(2) section 233 of that Act shall be applied and
administered--
(A) in subsection (a)--
(i) in paragraph (2), by substituting
``104-week period'' for ``104-week period'' and
all that follows through ``130-week period)'';
and
(ii) in paragraph (3)--
(I) in the matter preceding
subparagraph (A), by substituting ``65
additional weeks'' for ``52 additional
weeks''; and
(II) by substituting ``78-week
period'' for ``52-week period'' each
place it appears; and
(B) by applying and administering subsection (g) as
if it read as follows:
``(g) Payment of Trade Readjustment Allowances To Complete
Training.--Notwithstanding any other provision of this section, in
order to assist an adversely affected worker to complete training
approved for the worker under section 236 that leads to the completion
of a degree or industry-recognized credential, payments may be made as
trade readjustment allowances for not more than 13 weeks within such
period of eligibility as the Secretary may prescribe to account for a
break in training or for justifiable cause that follows the last week
for which the worker is otherwise entitled to a trade readjustment
allowance under this chapter if--
``(1) payment of the trade readjustment allowance for not
more than 13 weeks is necessary for the worker to complete the
training;
``(2) the worker participates in training in each such
week; and
``(3) the worker--
``(A) has substantially met the performance
benchmarks established as part of the training approved
for the worker;
``(B) is expected to continue to make progress
toward the completion of the training; and
``(C) will complete the training during that period
of eligibility.'';
(3) section 245(a) of that Act shall be applied and
administered by substituting ``2021'' for ``2007'';
(4) section 246(b)(1) of that Act shall be applied and
administered by substituting ``December 31, 2021'' for ``the
date that is 5 years'' and all that follows through ``State'';
(5) section 256(b) of that Act shall be applied and
administered by substituting ``the 1-year period beginning on
January 1, 2021'' for ``each of fiscal years 2003 through 2007,
and $4,000,000 for the 3-month period beginning on October 1,
2007'';
(6) section 298(a) of that Act shall be applied and
administered by substituting ``the 1-year period beginning on
January 1, 2021'' for ``each of the fiscal years'' and all that
follows through ``October 1, 2007''; and
(7) section 285 of that Act shall be applied and
administered--
(A) in subsection (a), by substituting ``2021'' for
``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 December 31, 2021.
``(B) Exception.--Notwithstanding subparagraph (A),
any assistance approved under chapter 3 on or before
December 31, 2021, 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 December 31, 2021.
``(B) Exception.--Notwithstanding subparagraph (A),
any assistance approved under chapter 6 on or before
December 31, 2021, 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.''.
(b) Exceptions.--The provisions of chapters 2, 3, 5, and 6 of title
II of the Trade Act of 1974, as in effect on the date of the enactment
of this Act, shall continue to apply on and after January 1, 2021, with
respect to--
(1) workers certified as eligible for trade adjustment
assistance benefits under chapter 2 of title II of that Act
pursuant to petitions filed under section 221 of that Act
before January 1, 2021;
(2) firms certified as eligible for technical assistance or
grants under chapter 3 of title II of that Act pursuant to
petitions filed under section 251 of that Act before January 1,
2021; and
(3) agricultural commodity producers certified as eligible
for technical or financial assistance under chapter 6 of title
II of that Act pursuant to petitions filed under section 292 of
that Act before January 1, 2021.
TITLE IV--HEALTH COVERAGE TAX CREDIT
SEC. 401. EXTENSION AND MODIFICATION OF HEALTH COVERAGE TAX CREDIT.
(a) Extension.--Subparagraph (B) of section 35(b)(1) of the
Internal Revenue Code of 1986 is amended by striking ``before January
1, 2014'' and inserting ``before January 1, 2021''.
(b) Increase.--Subsection (a) of section 35 of the Internal Revenue
Code of 1986 is amended by striking ``72.5 percent'' and inserting ``80
percent''.
(c) Coordination With PPACA Credit for Coverage Under a Qualified
Health Plan.--
(1) In general.--Subsection (a) of section 35 of the
Internal Revenue Code of 1986 is amended by striking ``In the
case of an individual,'' and inserting ``In the case of an
individual who elects the application of this section for the
taxable year,''.
(2) Coordination rule.--Subsection (g) of section 35 of
such Code is amended--
(A) by striking ``(10) Regulations'' and inserting
``(12) Regulations'', and
(B) by inserting after paragraph (10) (relating to
continued qualification of family members after certain
events) the following new paragraph:
``(11) Coordination with premium tax credit.--
``(A) In general.--In the case of a taxpayer who
elects the application of this section for any taxable
year, no credit shall be allowed under section 36B with
respect to such taxpayer for such taxable year.
``(B) Election.--Any election for this section to
apply for a taxable year, once made, shall be
irrevocable.''.
(3) Advance payment.--Section 7527 of such Code is amended
by adding at the end the following new subsection:
``(f) Coordination With Advance Payment of Premium Tax Credit.--No
payment shall be made under this section on behalf of any individual
with respect to whom any advance payment is made under section 1412 of
the Patient Protection and Affordable Care Act for the taxable year.''.
(4) Procedures.--The Secretary of the Treasury shall issue
such procedures and guidance as may be necessary or appropriate
to coordinate, and facilitate taxpayer choices between, advance
payments under section 7527 of the Internal Revenue Code of
1986 and section 1412 of the Patient Protection and Affordable
Care Act.
(d) Health Plans Offered Through Exchange Treated as Qualified
Health Insurance.--Paragraph (1) of section 35(e) of such Code is
amended by adding at the end the following new subparagraph:
``(L) Coverage under a qualified health plan which
was enrolled in through an Exchange established under
section 1311 of the Patient Protection and Affordable
Care Act.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to coverage months beginning after December 31, 2013.
(2) Advance payment provisions.--The amendment made by
subsection (c)(3) shall apply to certificates issued after the
date of the enactment of this Act.
SEC. 402. TAA PRE-CERTIFICATION RULE FOR PURPOSES OF DETERMINING
WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.
(a) In General.--The following provisions are each amended by
striking ``January 1, 2014'' and inserting ``January 1, 2021'':
(1) Section 9801(c)(2)(D).
(2) Section 701(c)(2)(C) of the Employee Retirement Income
Security Act of 1974.
(3) Section 2701(c)(2)(C) of the Public Health Service Act
(as in effect for plan years beginning before January 1, 2014).
(4) Section 2704(c)(2)(C) of the Public Health Service Act
(as in effect for plan years beginning on or after January 1,
2014).
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to plan years beginning after December 31, 2013.
(2) Transitional rules.--
(A) Benefit determinations.--Notwithstanding the
amendments made by this section (and the provisions of
law amended thereby), a plan shall not be required to
modify benefit determinations for the period beginning
on January 1, 2014, and ending 30 days after the date
of the enactment of this Act, but a plan shall not fail
to be qualified health insurance within the meaning of
section 35(e) of the Internal Revenue Code of 1986
during this period merely due to such failure to modify
benefit determinations.
(B) Guidance concerning periods before 30 days
after enactment.--Except as provided in subparagraph
(A), the Secretary of the Treasury (or his designee),
in consultation with the Secretary of Health and Human
Services and the Secretary of Labor, may issue
regulations or other guidance regarding the scope of
the application of the amendments made by this section
to periods before the date which is 30 days after the
date of the enactment of this Act.
(C) Special rule relating to certain loss of
coverage.--In the case of a TAA-related loss of
coverage (as defined in section 4980B(f)(5)(C)(iv) of
the Internal Revenue Code of 1986) that occurs during
the period beginning on January 1, 2014, and ending 30
days after the date of the enactment of this Act, the
7-day period described in section 9801(c)(2)(D) of the
Internal Revenue Code of 1986, section 701(c)(2)(C) of
the Employee Retirement Income Security Act of 1974,
and section 2701(c)(2)(C) of the Public Health Service
Act shall be extended until 30 days after such date of
enactment.
SEC. 403. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE
INDIVIDUALS AND PBGC RECIPIENTS.
(a) In General.--The following provisions are each amended by
striking ``January 1, 2014'' and inserting ``January 1, 2021'':
(1) Section 4980B(f)(2)(B)(i)(V).
(2) Section 4980B(f)(2)(B)(i)(VI).
(3) Section 602(2)(A)(v) of the Employee Retirement Income
Security Act of 1974.
(4) Section 602(2)(A)(vi) of such Act.
(5) Section 2202(2)(A)(iv) of the Public Health Service
Act.
(b) 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 the date which is 30
days after the date of the enactment of this Act.
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Introduced in Senate
Read twice and referred to the Committee on Finance.
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