[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 112-40
112th Congress
An Act
To extend the Generalized System of Preferences, 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. 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 ``July
31, 2013''.
(b) Effective <> Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to articles 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 to which duty-free treatment or
other preferential 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 15th day 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).
[[Page 402]]
(3) Definition.--As used in this subsection, the terms
``enter'' and ``entry'' include a withdrawal from warehouse for
consumption.
SEC. 2. MERCHANDISE <> PROCESSING FEES.
For <> the period beginning on
October 1, 2011, and ending on June 30, 2014, section 13031(a)(9) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(a)(9)) shall be applied and administered--
(1) in subparagraph (A), by substituting ``0.3464'' for
``0.21''; and
(2) in subparagraph (B)(i), by substituting ``0.3464'' for
``0.21''.
TITLE II--TRADE <> ADJUSTMENT ASSISTANCE
SEC. 200. <> SHORT TITLE; TABLE OF
CONTENTS.
(a) Short Title.--This title may be cited as the ``Trade Adjustment
Assistance Extension Act of 2011''.
(b) Table of Contents.--The table of contents for this title is as
follows:
TITLE II--TRADE ADJUSTMENT ASSISTANCE
Sec. 200. Short title; table of contents.
Subtitle A--Extension of Trade Adjustment Assistance
PART I--Application of Provisions Relating to Trade Adjustment
Assistance
Sec. 201. Application of provisions relating to trade adjustment
assistance.
PART II--Trade Adjustment Assistance for Workers
Sec. 211. Group eligibility requirements.
Sec. 212. Reductions in waivers from training.
Sec. 213. Limitations on trade readjustment allowances.
Sec. 214. Funding of training, employment and case management services,
and job search and relocation allowances.
Sec. 215. Reemployment trade adjustment assistance.
Sec. 216. Program accountability.
Sec. 217. Extension.
PART III--Other Adjustment Assistance
Sec. 221. Trade adjustment assistance for firms.
Sec. 222. Trade adjustment assistance for communities.
Sec. 223. Trade adjustment assistance for farmers.
PART IV--General Provisions
Sec. 231. Applicability of trade adjustment assistance provisions.
Sec. 232. Termination provisions.
Sec. 233. Sunset provisions.
Subtitle B--Health Coverage Improvement
Sec. 241. Health care tax credit.
Sec. 242. TAA pre-certification period rule for purposes of determining
whether there is a 63-day lapse in creditable coverage.
Sec. 243. Extension of COBRA benefits for certain TAA-eligible
individuals and PBGC recipients.
Subtitle C--Offsets
PART I--Unemployment Compensation Program Integrity
Sec. 251. Mandatory penalty assessment on fraud claims.
Sec. 252. Prohibition on noncharging due to employer fault.
[[Page 403]]
Sec. 253. Reporting of rehired employees to the directory of new hires.
PART II--Additional Offsets
Sec. 261. Improvements to contracts with Medicare quality improvement
organizations (QIOs) in order to improve the quality of care
furnished to Medicare beneficiaries.
Sec. 262. Rates for merchandise processing fees.
Sec. 263. Time for remitting certain merchandise processing fees.
Subtitle A--Extension of Trade Adjustment Assistance
PART I--APPLICATION OF PROVISIONS RELATING TO TRADE ADJUSTMENT
ASSISTANCE
SEC. 201. APPLICATION OF PROVISIONS RELATING TO TRADE ADJUSTMENT
ASSISTANCE.
(a) Repeal of Snapback.--Section 1893 of the Trade and Globalization
Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat.
422) <> is repealed.
(b) Applicability <> of Certain Provisions.--Except
as otherwise provided in this subtitle, the provisions of chapters 2
through 6 of title II of the Trade Act of 1974, as in effect on February
12, 2011, and as amended by this subtitle, 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 subtitle, whenever in this subtitle 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 February 12, 2011.
PART II--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
SEC. 211. GROUP ELIGIBILITY REQUIREMENTS.
(a) In General.--Section 222 of the Trade Act of 1974 (19 U.S.C.
2272) is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively;
(3) in paragraph (2) of subsection (b), as redesignated, by
striking ``(d)'' and inserting ``(c)'';
(4) in subsection (c), as redesignated, by striking
paragraph (5); and
(5) in paragraph (2) of subsection (d), as redesignated, by
striking ``, (b), or (c)'' and inserting ``or (b)''.
(b) Conforming Amendments.--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 ``Subject to section 222(d)(5), the term'' and
inserting ``The term''; and
[[Page 404]]
(B) in subparagraph (A), by striking ``, service
sector firm, or public agency'' and inserting ``or
service sector firm'';
(2) by striking paragraph (7); and
(3) by redesignating paragraphs (8) through (19) as
paragraphs (7) through (18), respectively.
SEC. 212. REDUCTIONS IN WAIVERS FROM TRAINING.
(a) In General.--Section 231(c) of the Trade Act of 1974 (19 U.S.C.
2291(c)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (A), (B), and (C); and
(B) by redesignating subparagraphs (D), (E), and (F)
as subparagraphs (A), (B), and (C), respectively; and
(2) in paragraph (3)(B), by striking ``(D), (E), or (F)''
and inserting ``or (C)''.
(b) Good Cause Exception.--Section 234(b) of the Trade Act of 1974
(19 U.S.C. 2294(b)) is amended to read as follows:
``(b) Special Rule on Good Cause for Waiver of Time Limits or Late
Filing of Claims.--The <> Secretary shall establish
procedures and criteria that allow for a waiver for good cause of the
time limitations with respect to an application for a trade readjustment
allowance or enrollment in training under this chapter.''.
SEC. 213. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES.
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended--
(1) in subsection (a)--
(A) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``(or'' and all that
follows through ``period)''; and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A),
by striking ``78'' and inserting ``65''; and
(ii) by striking ``91-week period'' each place
it appears and inserting ``78-week period''; and
(2) by amending subsection (f) to read as follows:
``(f) 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
[[Page 405]]
``(C) will complete the training during that period
of eligibility.''.
SEC. 214. FUNDING OF TRAINING, EMPLOYMENT AND CASE MANAGEMENT
SERVICES, AND JOB SEARCH AND RELOCATION
ALLOWANCES.
(a) In General.--Section 236(a)(2) of the Trade Act of 1974 (19
U.S.C. 2296(a)(2)) is amended--
(1) by inserting ``and sections 235, 237, and 238'' after
``to carry out this section'' each place it appears;
(2) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``of payments that may be made under paragraph (1)'' and
inserting ``of funds available to carry out this section
and sections 235, 237, and 238''; and
(B) by striking clauses (i) and (ii) and inserting
the following:
``(i) $575,000,000 for each of fiscal years 2012 and
2013; and
``(ii) $143,750,000 for the 3-month period beginning
on October 1, 2013, and ending on December 31, 2013.'';
(3) in subparagraph (C)(ii)(V), by striking ``relating to
the provision of training under this section'' and inserting
``to carry out this section and sections 235, 237, and 238'';
and
(4) in subparagraph (E), by striking ``to pay the costs of
training approved under this section'' and inserting ``to carry
out this section and sections 235, 237, and 238''.
(b) Limitations on Administrative Expenses and Employment and Case
Management Services.--
(1) In general.--Section 235A of the Trade Act of 1974 (19
U.S.C. 2295a) is amended--
(A) in the section heading, by striking ``funding
for'' and inserting ``limitations on''; and
(B) by striking subsections (a) and (b) and
inserting the following:
``Of the funds made available to a State to carry out sections 235
through 238 for a fiscal year, the State shall use--
``(1) not more than 10 percent for the administration of the
trade adjustment assistance for workers program under this
chapter, including for--
``(A) processing waivers of training requirements
under section 231;
``(B) collecting, validating, and reporting data
required under this chapter; and
``(C) providing reemployment trade adjustment
assistance under section 246; and
``(2) not less than 5 percent for employment and case
management services under section 235.''.
(2) Clerical amendment.--The table of contents for the Trade
Act of 1974 is amended by striking the item relating to section
235A and inserting the following:
``Sec. 235A. Limitations on administrative expenses and employment and
case management services.''.
(c) Reallotment of Funds.--Section 245 of the Trade Act of 1974 (19
U.S.C. 2317) is amended by adding at the end the following:
``(c) Reallotment of Funds.--
[[Page 406]]
``(1) In general.--The Secretary may--
``(A) reallot funds that were allotted to any State
to carry out sections 235 through 238 and that remain
unobligated by the State during the second or third
fiscal year after the fiscal year in which the funds
were provided to the State; and
``(B) provide such realloted funds to States to
carry out sections 235 through 238 in accordance with
procedures established by the Secretary.
``(2) Requests by states.--In establishing procedures under
paragraph (1)(B), the Secretary shall include procedures that
provide for the distribution of realloted funds under that
paragraph pursuant to requests submitted by States in need of
such funds.
``(3) Availability of amounts.--The reallotment of funds
under paragraph (1) shall not extend the period for which such
funds are available for expenditure.''.
(d) 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 ``An adversely affected worker'' and
inserting ``Each State may use funds made available to
the State to carry out sections 235 through 238 to allow
an adversely affected worker''; and
(B) by striking ``may'' and inserting ``to'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``An'' and inserting ``Any'';
and
(ii) by striking ``all necessary job search
expenses'' and inserting ``not more than 90
percent of the necessary job search expenses of
the worker''; and
(B) in paragraph (2), by striking ``$1,500'' and
inserting ``$1,250''; and
(3) in subsection (c), by striking ``the Secretary shall''
and inserting ``a State may''.
(e) 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 ``Any adversely affected worker''
and inserting ``Each State may use funds made available
to the State to carry out sections 235 through 238 to
allow an adversely affected worker''; and
(B) by striking ``may file'' and inserting ``to
file''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``The'' and inserting ``Any'';
and
(ii) by striking ``includes'' and inserting
``shall include'';
(B) in paragraph (1), by striking ``all'' and
inserting ``not more than 90 percent of the''; and
(C) in paragraph (2), by striking ``$1,500'' and
inserting ``$1,250''.
(f) Conforming Amendments.--Section 236 of the Trade Act of 1974 (19
U.S.C. 2296) is amended--
(1) in subsection (b), in the first sentence, by striking
``approppriate'' and inserting ``appropriate''; and
[[Page 407]]
(2) by striking subsection (g) and redesignating subsection
(h) as subsection (g).
SEC. 215. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE.
(a) In General.--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 ``$55,000'' and
inserting ``$50,000''; and
(2) in paragraph (5)--
(A) in subparagraph (A)(i), by striking ``$12,000''
and inserting ``$10,000''; and
(B) in subparagraph (B)(i), by striking ``$12,000''
and inserting ``$10,000''.
(b) Extension.--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 ``December 31, 2013''.
SEC. 216. PROGRAM ACCOUNTABILITY.
(a) Core Indicators of Performance.--
(1) In general.--Section 239(j)(2)(A) of the Trade Act of
1974 (19 U.S.C. 2311(j)(2)(A)) is amended to read as follows:
``(A) In general.--The core indicators of
performance described in this paragraph are--
``(i) the percentage of workers receiving
benefits under this chapter who are employed
during the first or second calendar quarter
following the calendar quarter in which the
workers cease receiving such benefits;
``(ii) the percentage of such workers who are
employed during the 2 calendar quarters following
the earliest calendar quarter during which the
worker was employed as described in clause (i);
``(iii) the average earnings of such workers
who are employed during the 2 calendar quarters
described in clause (ii); and
``(iv) the percentage of such workers who
obtain a recognized postsecondary credential,
including an industry-recognized credential, or a
secondary school diploma or its recognized
equivalent if combined with employment under
clause (i), while receiving benefits under this
chapter or during the 1-year period after such
workers cease receiving such benefits.''.
(2) Effective <> date.--The
amendment made by paragraph (1) shall--
(A) take effect on October 1, 2011; and
(B) apply <> with respect to
agreements under section 239 of the Trade Act of 1974
(19 U.S.C. 2311) entered into before, on, or after
October 1, 2011.
(b) Collection and Publication of Data.--
(1) In general.--Section 249B(b) of the Trade Act of 1974
(19 U.S.C. 2323(b)) is amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by inserting
``(including such allowances classified by
payments under paragraphs (1) and (3) of section
233(a), and section 233(f), respectively) and
payments under section 246'' after ``readjustment
allowances''; and
(ii) by adding at the end the following:
[[Page 408]]
``(D) The average number of weeks trade readjustment
allowances were paid to workers.
``(E) The number of workers who report that they
have received benefits under a prior certification
issued under this chapter in any of the 10 fiscal years
preceding the fiscal year for which the data is
collected under this section.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting
``training leading to an associate's degree,
remedial education, prerequisite education,''
after ``distance learning,'';
(ii) by amending subparagraph (B) to read as
follows:
``(B) The number of workers who complete training
approved under section 236 who were enrolled in pre-
layoff training or part-time training at any time during
that training.'';
(iii) in subparagraph (C), by inserting ``,
and the average duration of training that does not
include remedial or prerequisite education'' after
``training'';
(iv) in subparagraph (E), by striking
``duration'' and inserting ``average duration'';
and
(v) in subparagraph (F), by inserting ``and
the average duration of the training that was
completed by such workers'' after ``training'';
and
(C) in paragraph (4)--
(i) by redesignating subparagraph (B) as
subparagraph (D); and
(ii) by inserting after subparagraph (A) the
following:
``(B) A summary of the data on workers in the
quarterly reports required under section 239(j)
classified by the age, pre-program educational level,
and post-program credential attainment of the workers.
``(C) The average earnings of workers described in
section 239(j)(2)(A)(i) in the second, third, and fourth
calendar quarters following the calendar quarter in
which such workers cease receiving benefits under this
chapter, expressed as a percentage of the average
earnings of such workers in the 3 calendar quarters
before the calendar quarter in which such workers began
receiving benefits under this chapter.''; and
(D) by adding at the end the following:
``(6) Data on spending.--
``(A) The total amount of funds used to pay for
trade readjustment allowances, in the aggregate and by
each State.
``(B) The total amount of the payments to the States
to carry out sections 235 through 238 used for training,
in the aggregate and for each State.
``(C) The total amount of payments to the States to
carry out sections 235 through 238 used for the costs of
administration, in the aggregate and for each State.
``(D) The total amount of payments to the States to
carry out sections 235 through 238 used for job search
and relocation allowances, in the aggregate and for each
State.''.
[[Page 409]]
(2) Effective <> date.--Not later
than October 1, 2012, the Secretary of Labor shall update the
system required by section 249B(a) of the Trade Act of 1974 (19
U.S.C. 2323(a)) to include the collection of and reporting on
the data required by the amendments made by paragraph (1).
(3) Annual report.--Section 249B(d) of the Trade Act of 1974
(19 U.S.C. 2323(d)) is amended by striking ``December 15'' and
inserting ``February 15''.
SEC. 217. EXTENSION.
Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is
amended by striking ``February 12, 2011'' and inserting ``December 31,
2013''.
PART III--OTHER ADJUSTMENT ASSISTANCE
SEC. 221. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.
(a) Annual Report.--
(1) In general.--Chapter 3 of title II of the Trade Act of
1974 (19 U.S.C. 2341 et seq.) is amended by inserting after
section 255 the following:
``SEC. 255A. <> ANNUAL REPORT ON TRADE
ADJUSTMENT ASSISTANCE FOR FIRMS.
``(a) In General.--Not later than December 15, 2012, and annually
thereafter, the Secretary shall prepare a report containing data
regarding the trade adjustment assistance for firms program under this
chapter for the preceding fiscal year. The data shall include the
following:
``(1) The number of firms that inquired about the program.
``(2) The number of petitions filed under section 251.
``(3) The number of petitions certified and denied by the
Secretary.
``(4) The average time for processing petitions after the
petitions are filed.
``(5) The number of petitions filed and firms certified for
each congressional district of the United States.
``(6) Of the number of petitions filed, the number of firms
that entered the program and received benefits.
``(7) The number of firms that received assistance in
preparing their petitions.
``(8) The number of firms that received assistance
developing business recovery plans.
``(9) The number of business recovery plans approved and
denied by the Secretary.
``(10) The average duration of benefits received under the
program nationally and in each region served by an intermediary
organization referred to in section 253(b)(1).
``(11) Sales, employment, and productivity at each firm
participating in the program at the time of certification.
``(12) Sales, employment, and productivity at each firm upon
completion of the program and each year for the 2-year period
following completion of the program.
``(13) The number of firms in operation as of the date of
the report and the number of firms that ceased operations after
completing the program and in each year during the 2-year period
following completion of the program.
[[Page 410]]
``(14) The financial assistance received by each firm
participating in the program.
``(15) The financial contribution made by each firm
participating in the program.
``(16) The types of technical assistance included in the
business recovery plans of firms participating in the program.
``(17) The number of firms leaving the program before
completing the project or projects in their business recovery
plans and the reason the project or projects were not completed.
``(18) The total amount expended by all intermediary
organizations referred to in section 253(b)(1) and by each such
organization to administer the program.
``(19) The total amount expended by intermediary
organizations to provide technical assistance to firms under the
program nationally and in each region served by such an
organization.
``(b) Classification of Data.--To the extent possible, in collecting
and reporting the data described in subsection (a), the Secretary shall
classify the data by intermediary organization, State, and national
totals.
``(c) Report to Congress; Publication.--The Secretary shall--
``(1) submit the report described in subsection (a) to the
Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives; and
``(2) publish <> the report in the Federal Register and on the
website of the Department of Commerce.
``(d) Protection of Confidential Information.--
``(1) In general.--The <> Secretary may not
release information described in subsection (a) that the
Secretary considers to be confidential business information
unless the person submitting the confidential business
information had notice, at the time of submission, that such
information would be released by the Secretary, or such person
subsequently consents to the release of the information.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit the Secretary from providing
information the Secretary considers to be confidential business
information under paragraph (1) to a court in camera or to
another party under a protective order issued by a court.''.
(2) Clerical amendment.--The table of contents for the Trade
Act of 1974 is amended by inserting after the item relating to
section 255 the following:
``Sec. 255A. Annual report on trade adjustment assistance for firms.''.
(3) Conforming repeal.--Effective <> on the day after the date on which the
Secretary of Commerce submits the report required by section
1866 of the Trade and Globalization Adjustment Assistance Act of
2009 (19 U.S.C. 2356) for fiscal year 2011, such section is
repealed.
(b) Extension.--Section 255(a) of the Trade Act of 1974 (19 U.S.C.
2345(a)) is amended--
(1) by striking ``$50,000,000'' and all that follows through
``February 12, 2011.'' and inserting ``$16,000,000 for each of
the fiscal years 2012 and 2013, and $4,000,000 for the 3-month
period beginning on October 1, 2013, and ending on December 31,
2013.''; and
(2) by striking ``shall--'' and all that follows through
``otherwise remain'' and inserting ``shall remain''.
[[Page 411]]
SEC. 222. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.
(a) In General.--Chapter 4 of title II of the Trade Act of 1974 (19
U.S.C. 2371 et seq.) <> is amended--
(1) by striking subchapters A, C, and D;
(2) in subchapter B, by striking the subchapter heading; and
(3) by redesignating sections 278 <> and 279 as sections 271 and 272, respectively.
(b) Annual Report.--
(1) In general.--Subsection (e) of section 271 of the Trade
Act of 1974, as redesignated by subsection <> (a)(3), is amended--
(A) in the matter preceding paragraph (1), by
striking ``December 15 in each of the calendar years
2009 through'' and inserting ``December 15, 2009,'';
(B) in paragraph (1), by striking ``and'' at the
end;
(C) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(3) providing the following data relating to program
performance and outcomes:
``(A) Of the grants awarded under this section, the
amount of funds spent by grantees.
``(B) The average dollar amount of grants awarded
under this section.
``(C) The average duration of grants awarded under
this section.
``(D) The percentage of workers receiving benefits
under chapter 2 that are served by programs developed,
offered, or improved using grants awarded under this
section.
``(E) The percentage and number of workers receiving
benefits under chapter 2 who obtained a degree through
such programs and the average duration of the
participation of such workers in training under section
236.
``(F) The number of workers receiving benefits under
chapter 2 served by such programs who did not complete a
degree and the average duration of the participation of
such workers in training under section 236.''.
(2) Effective <> date.--The
amendments made by paragraph (1) shall--
(A) take effect on October 1, 2011; and
(B) apply with <> respect to
reports submitted under subsection (e) of section 271 of
the Trade Act of 1974, as redesignated by subsection
(a)(3), on or after October 1, 2012.
(c) Conforming Amendments.--
(1) Section 271 of the Trade Act of 1974, as redesignated by
subsection <> (a)(3), is amended--
(A) in subsection (c)--
(i) in paragraph (4)--
(I) in subparagraph (A)--
(aa) in clause (ii), by
striking the semicolon and
inserting ``; and'';
(bb) by striking clauses
(iii) and (iv); and
(cc) by redesignating clause
(v) as clause (iii);
(II) in subparagraph (B), by
striking ``(A)(v)'' and inserting
``(A)(iii)''; and
[[Page 412]]
(ii) in paragraph (5)(A)--
(I) in clause (i)--
(aa) in the matter preceding
subclause (I), by striking ``,
and other entities described in
section 276(a)(2)(B)''; and
(bb) in subclause (II), by
striking the semicolon and
inserting ``; and'';
(II) by striking clause (iii); and
(B) in subsection (d), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(2) Subsection (b) of section 272 of the Trade Act of 1974,
as redesignated by subsection (a)(3), <> is
amended by striking ``278(a)(2)'' and inserting ``271(a)(2)''.
(d) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by striking the items relating to chapter 4 of title II
and inserting the following:
``Chapter 4--Trade Adjustment Assistance for Communities
``Sec. 271. Community College and Career Training Grant Program.
``Sec. 272. Authorization of appropriations.''.
SEC. 223. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.
(a) Annual Report.--
(1) In general.--Section 293(d) of the Trade Act of 1974 (19
U.S.C. 2401b(d)) is amended to read as follows:
``(d) Annual Report.--Not later than January 30 of each year, the
Secretary shall submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a report
containing the following information with respect to the trade
adjustment assistance for farmers program under this chapter during the
preceding fiscal year:
``(1) A list of the agricultural commodities covered by a
certification under this chapter.
``(2) The States or regions in which agricultural
commodities are produced and the aggregate amount of such
commodities produced in each such State or region.
``(3) The number of petitions filed.
``(4) The number of petitions certified and denied by the
Secretary.
``(5) The average time for processing petitions.
``(6) The number of petitions filed and agricultural
commodity producers approved for each congressional district of
the United States.
``(7) Of the number of producers approved, the number of
agricultural commodity producers that entered the program and
received benefits.
``(8) The number of agricultural commodity producers that
completed initial technical assistance.
``(9) The number of agricultural commodity producers that
completed intensive technical assistance.
``(10) The number of initial business plans approved and
denied by the Secretary.
``(11) The number of long-term business plans approved and
denied by the Secretary.
``(12) The total number of agricultural commodity producers,
by congressional district, receiving initial technical
assistance and intensive technical assistance, respectively,
under this chapter.
[[Page 413]]
``(13) The types of initial technical assistance received by
agricultural commodity producers participating in the program.
``(14) The types of intensive technical assistance received
by agricultural commodity producers participating in the
program.
``(15) The number of agricultural commodity producers
leaving the program before completing the projects in their
long-term business plans and the reason those projects were not
completed.
``(16) The total number of agricultural commodity producers,
by congressional district, receiving benefits under this
chapter.
``(17) The average duration of benefits received under this
chapter.
``(18) The number of agricultural commodity producers in
operation as of the date of the report and the number of
agricultural commodity producers that ceased operations after
completing the program and in the 1-year period following
completion of the program.
``(19) The number of agricultural commodity producers that
report that such producers received benefits under a prior
certification issued under this chapter in any of the 10 fiscal
years preceding the date of the report.''.
(2) Effective <> date.--The
amendment made by paragraph (1) shall--
(A) take effect on October 1, 2011; and
(B) apply <> with respect to
reports submitted under section 293(d) of the Trade Act
of 1974 (19 U.S.C. 2401b(d)) on or after October 1,
2012.
(b) Extension.--Section 298(a) of the Trade Act of 1974 (19 U.S.C.
2401g(a)) is amended--
(1) by striking ``and there are appropriated''; and
(2) by striking ``not to exceed'' and all that follows
through ``February 12, 2011'' and inserting ``not to exceed
$90,000,000 for each of the fiscal years 2012 and 2013, and
$22,500,000 for the 3-month period beginning on October 1, 2013,
and ending on December 31, 2013''.
PART IV--GENERAL PROVISIONS
SEC. 231. <> APPLICABILITY OF TRADE
ADJUSTMENT ASSISTANCE PROVISIONS.
(a) Trade Adjustment Assistance for Workers.--
(1) Petitions filed on or after february 13, 2011, 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.
[[Page 414]]
(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 February 13, 2011, 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 that is 60 days 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) Election for workers receiving benefits
on the 60th day after enactment.--
(I) In general.--
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) who
is receiving benefits under chapter 2 of
title II of the Trade Act of 1974 as of
the date that is 60 days after the date
of the enactment of this Act may, not
later than the date that is 150 days
after such date of enactment, make a
one-time election to receive benefits
pursuant to--
(aa) the provisions of
chapter 2 of title II of the
Trade Act of 1974, as in effect
on such date of enactment; or
(bb) the provisions of
chapter 2 of title II of the
Trade Act of 1974, as in effect
on February 13, 2011.
(II) Effect of failure to make
election.--A worker described in
subclause (I) who does not make the
election described in that subclause on
or before the date that is 150 days
after the date of the enactment of this
Act shall be eligible to receive
benefits only under the provisions of
chapter 2 of title II of the Trade Act
of 1974, as in effect on February 13,
2011.
(III) Computation of maximum
benefits.--Benefits received by a worker
described in subclause (I) under chapter
2 of title II of the Trade
[[Page 415]]
Act of 1974, as in effect on February
13, 2011, before the worker makes the
election described in that subclause
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, or as in
effect on February 13, 2011, whichever
is applicable after the election of the
worker under subclause (I).
(2) Petitions filed before february 13, 2011.--A worker
certified as eligible to apply for adjustment assistance
pursuant to a petition filed under section 221 of the Trade Act
of 1974--
(A) on <> or after May 18,
2009, and on or before February 12, 2011, 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 February 12, 2011; or
(B) before <> May 18, 2009, 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 May 17, 2009.
(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 February 13, 2010'' 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
[[Page 416]]
filed by a firm or its representative under section 251
of the Trade Act of 1974 on or after February 13, 2011,
and before the date of the enactment of this Act.
(2) Certification of firms that did not submit petitions
between february 13, 2011, 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 February 13, 2011, 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. 232. <> TERMINATION PROVISIONS.
Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is
amended--
(1) by striking ``February 12, 2011'' each place it appears
and inserting ``December 31, 2013'';
(2) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``that chapter'' and all that follows through
``the worker is--'' and inserting ``that chapter if the
worker is--''; and
(B) in subparagraph (A), by striking ``petitions''
and inserting ``a petition''; and
(3) in subsection (b)--
(A) in paragraph (1)(B), in the matter preceding
clause (i), by inserting ``pursuant to a petition filed
under section 251'' after ``chapter 3'';
(B) in paragraph (2)(B), in the matter preceding
clause (i), by inserting ``pursuant to a petition filed
under section 292'' after ``chapter 6''; and
(C) by striking paragraph (3).
SEC. 233. <> SUNSET PROVISIONS.
(a) Application of Prior Law.--Subject <> to
subsection (b), beginning on January 1, 2014, 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 February 13, 2011, shall 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;
[[Page 417]]
(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''
for ``52''; 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 of that Act shall be applied and
administered by substituting ``2014'' for ``2007'';
(4) section 246(b)(1) of that Act shall be applied and
administered by substituting ``December 31, 2014'' 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, 2014'' 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, 2014'' 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 ``2014'' for
``2007'' each place it appears; and
(B) by applying and administering subsection (b) as
if it read as follows:
``(b) Other Assistance.--
[[Page 418]]
``(1) Assistance for firms.--
``(A) In general.--Except as provided in
subparagraph (B), assistance may not be provided under
chapter 3 after December 31, 2014.
``(B) Exception.--Notwithstanding subparagraph (A),
any assistance approved under chapter 3 on or before
December 31, 2014, 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, 2014.
``(B) Exception.--Notwithstanding subparagraph (A),
any assistance approved under chapter 6 on or before
December 31, 2014, 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, 2014, 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, 2014;
(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,
2014; 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, 2014.
Subtitle B--Health Coverage Improvement
SEC. 241. HEALTH CARE TAX CREDIT.
(a) Termination of Credit.--Subparagraph (B) of section 35(b)(1) of
the Internal Revenue Code of 1986 <> is amended by
inserting ``, and before January 1, 2014'' before the period.
(b) Extension Through Credit Termination Date of Certain Expired
Credit Provisions.--
(1) Partial extension of increased credit rate.--Section
35(a) of such Code is amended by striking ``65 percent (80
percent in the case of eligible coverage months beginning before
February 13, 2011)'' and inserting ``72.5 percent''.
(2) Extension of advance payment provisions.--
(A) Section 7527(b) of such Code <> is amended by striking ``65 percent (80 percent
in the case of eligible coverage months beginning before
February 13, 2011)'' and inserting ``72.5 percent''.
[[Page 419]]
(B) Section 7527(d)(2) of such Code <> is amended by striking ``which is issued before
February 13, 2011''.
(C) Section 7527(e) of such Code is amended by
striking ``80 percent'' and inserting ``72.5 percent''.
(D) Section 7527(e) of such Code is amended by
striking ``In the case of eligible coverage months
beginning before February 13, 2011--''.
(3) Extension of certain other related provisions.--
(A) Section 35(c)(2)(B) of such Code <> is amended by striking ``and before February 13,
2011''.
(B) Section 35(e)(1)(K) of such Code is amended by
striking ``In the case of eligible coverage months
beginning before February 13, 2012, coverage'' and
inserting ``Coverage''.
(C) Section 35(g)(9) of such Code, 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 ``In the case of eligible
coverage months beginning before February 13, 2011--''.
(D) Section 173(f)(8) of the Workforce Investment
Act of 1998 <> is amended by
striking ``In the case of eligible coverage months
beginning before February 13, 2011--''.
(c) Effective <> Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
coverage months beginning after February 12, 2011.
(2) Advance payment provisions.--
(A) The amendment made by subsection (b)(2)(B) shall
apply to certificates issued after the date which is 30
days after the date of the enactment of this Act.
(B) The amendment made by subsection (b)(2)(D) shall
apply to coverage months beginning after the date which
is 30 days after the date of the enactment of this Act.
SEC. 242. TAA PRE-CERTIFICATION PERIOD 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 ``February 13, 2011'' and inserting ``January 1, 2014'':
(1) Section 9801(c)(2)(D) of the Internal Revenue Code of
1986 <> .
(2) Section 701(c)(2)(C) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)).
(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 February 12, 2011.
(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
[[Page 420]]
February 13, 2011, 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 February 13,
2011, 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. 243. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE
INDIVIDUALS AND PBGC RECIPIENTS.
(a) In General.--The following provisions are each amended by
striking ``February 12, 2011'' and inserting ``January 1, 2014'':
(1) Section 602(2)(A)(v) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1162(2)(A)(v)).
(2) Section 602(2)(A)(vi) of such Act (29 U.S.C.
1162(2)(A)(vi)).
(3) Section 4980B(f)(2)(B)(i)(V) of the Internal Revenue
Code <> of 1986.
(4) Section 4980B(f)(2)(B)(i)(VI) of such Code.
(5) Section 2202(2)(A)(iv) of the Public Health Service Act
(42 U.S.C. 300bb-2(2)(A)(iv)).
(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.
Subtitle C--Offsets
PART I--UNEMPLOYMENT COMPENSATION PROGRAM INTEGRITY
SEC. 251. MANDATORY PENALTY ASSESSMENT ON FRAUD CLAIMS.
(a) In General.--Section 303(a) of the Social Security Act (42
U.S.C. 503(a)) is amended--
(1) in paragraph (10), by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
[[Page 421]]
(2) by adding at the end the following new paragraph:
``(11)(A) At the time the State agency determines an
erroneous payment from its unemployment fund was made to an
individual due to fraud committed by such individual, the
assessment of a penalty on the individual in an amount of not
less than 15 percent of the amount of the erroneous payment; and
``(B) The immediate deposit of all assessments paid pursuant
to subparagraph (A) into the unemployment fund of the State.''.
(b) Application <> to Federal Payments.--
(1) In general.--As a condition for administering any
unemployment compensation program of the United States (as
defined in paragraph (2)) as an agent of the United States, if
the State determines that an erroneous payment was made by the
State to an individual under any such program due to fraud
committed by such individual, the State shall assess a penalty
on such individual and deposit any such penalty received in the
same manner as the State assesses and deposits such penalties
under provisions of State law implementing section 303(a)(11) of
the Social Security Act, as added by subsection (a).
(2) Definition.--For purposes of this subsection, the term
``unemployment compensation program of the United States''
means--
(A) unemployment compensation for Federal civilian
employees under subchapter I of chapter 85 of title 5,
United States Code;
(B) unemployment compensation for ex-servicemembers
under subchapter II of chapter 85 of title 5, United
States Code;
(C) trade readjustment allowances under sections 231
through 234 of the Trade Act of 1974 (19 U.S.C. 2291-
2294);
(D) disaster unemployment assistance under section
410(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5177(a));
(E) any Federal temporary extension of unemployment
compensation;
(F) any Federal program which increases the weekly
amount of unemployment compensation payable to
individuals; and
(G) any other Federal program providing for the
payment of unemployment compensation.
(c) Effective <> Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to erroneous
payments established after the end of the 2-year period
beginning on the date of the enactment of this Act.
(2) Authority.--A State may amend its State law to apply
such amendments to erroneous payments established prior to the
end of the period described in paragraph (1).
SEC. 252. PROHIBITION ON NONCHARGING DUE TO EMPLOYER FAULT.
(a) In General.--Section 3303 of the Internal Revenue Code of
1986 <> is amended--
(1) by striking subsections (f) and (g); and
[[Page 422]]
(2) by inserting after subsection (e) the following new
subsection:
``(f) Prohibition on Noncharging Due to Employer Fault.--
``(1) In general.--A State law shall be treated as meeting
the requirements of subsection (a)(1) only if such law provides
that an employer's account shall not be relieved of charges
relating to a payment from the State unemployment fund if the
State agency determines that--
``(A) the payment was made because the employer, or
an agent of the employer, was at fault for failing to
respond timely or adequately to the request of the
agency for information relating to the claim for
compensation; and
``(B) the employer or agent has established a
pattern of failing to respond timely or adequately to
such requests.
``(2) State authority to impose stricter standards.--Nothing
in paragraph (1) shall limit the authority of a State to provide
that an employer's account not be relieved of charges relating
to a payment from the State unemployment fund for reasons other
than the reasons described in subparagraphs (A) and (B) of such
paragraph, such as after the first instance of a failure to
respond timely or adequately to requests described in paragraph
(1)(A).''.
(b) Effective <> Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to erroneous
payments established after the end of the 2-year period
beginning on the date of the enactment of this Act.
(2) Authority.--A State may amend its State law to apply
such amendments to erroneous payments established prior to the
end of the period described in paragraph (1).
SEC. 253. REPORTING OF REHIRED EMPLOYEES TO THE DIRECTORY OF NEW
HIRES.
(a) Definition of Newly Hired Employee.--Section 453A(a)(2) of the
Social Security Act (42 U.S.C. 653a(a)(2)) is amended by adding at the
end the following:
``(C) Newly hired employee.--The term `newly hired
employee' means an employee who--
``(i) has not previously been employed by the
employer; or
``(ii) was previously employed by the employer
but has been separated from such prior employment
for at least 60 consecutive days.''.
(b) Effective <> Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall take effect 6 months after the date
of the enactment of this Act.
(2) Compliance transition period.--If the Secretary of
Health and Human Services determines that State legislation
(other than legislation appropriating funds) is required in
order for a State plan under part D of title IV of the Social
Security Act to meet the additional requirement imposed by the
amendment made by subsection (a), the plan shall not be regarded
as failing to meet such requirement before the first day of the
second calendar quarter beginning after the close of the first
regular session of the State legislature that begins after
[[Page 423]]
the effective date of such amendment. If the State has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
PART II--ADDITIONAL OFFSETS
SEC. 261. IMPROVEMENTS TO CONTRACTS WITH MEDICARE QUALITY
IMPROVEMENT ORGANIZATIONS (QIOS) IN ORDER
TO IMPROVE THE QUALITY OF CARE FURNISHED
TO MEDICARE BENEFICIARIES.
(a) Authority to Contract With a Broad Range of Entities.--
(1) Definition.--Section 1152 of the Social Security Act (42
U.S.C. 1320c-1) is amended by striking paragraphs (1) and (2)
and inserting the following new paragraphs:
``(1) is able, as determined by the Secretary, to perform
its functions under this part in a manner consistent with the
efficient and effective administration of this part and title
XVIII;
``(2) has at least one individual who is a representative of
health care providers on its governing body; and''.
(2) Name change.--Part B of title XI of the Social Security
Act (42 U.S.C. 1320c et seq.) is amended--
(A) in the headings for sections 1152 and
1153, <> by striking
``utilization and quality control peer review'' and
inserting ``quality improvement'';
(B) in the heading for section 1154, <> by striking ``peer review'' and inserting
``quality improvement''; and
(C) by <> striking ``utilization and quality control peer
review'' and ``peer review'' each place it appears
before ``organization'' or ``organizations'' and
inserting ``quality improvement''.
(3) Conforming amendments to the medicare program.--Title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended--
(A) by <> striking ``utilization and
quality control peer review'' and inserting ``quality
improvement'' each place it appears;
(B) by <> striking ``quality control and peer review''
and inserting ``quality improvement'' each place it
appears;
(C) in paragraphs (1)(A)(iii)(I) and (2)
of <> section 1842(l), by striking
``peer review organization'' and inserting ``quality
improvement organization'';
(D) in subparagraphs (A) and (B) of
section <> 1866(a)(3), by
striking ``peer review'' and inserting ``quality
improvement'';
(E) in section 1867(d)(3), <> in the heading, by striking ``peer review''
and inserting ``quality improvement''; and
(F) in section 1869(c)(3)(G), <> by striking ``peer review organizations'' and
inserting ``quality improvement organizations''.
(b) Improvements With Respect to the Contract.--
(1) Flexibility with respect to the geographic scope of
contracts.--Section 1153 of the Social Security Act (42 U.S.C.
1320c-2) is amended--
(A) by striking subsection (a) and inserting the
following new subsection:
[[Page 424]]
``(a) The Secretary shall establish throughout the United States
such local, State, regional, national, or other geographic areas as the
Secretary determines appropriate with respect to which contracts under
this part will be made.'';
(B) in subsection (b)(1), as amended by subsection
(a)(2)--
(i) in the first sentence, by striking ``a
contract with a quality improvement organization''
and inserting ``contracts with one or more quality
improvement organizations''; and
(ii) in the second sentence, by striking
``meets the requirements'' and all that follows
before the period at the end and inserting ``will
be operating in an area, the Secretary shall
ensure that there is no duplication of the
functions carried out by such organizations within
the area'';
(C) in subsection (b)(2)(B), by inserting ``or the
Secretary determines that there is a more qualified
entity to perform one or more of the functions in
section 1154(a)'' after ``under this part'';
(D) in subsection (b)(3)--
(i) in subparagraph (A), by striking ``, or
association of such facilities,''; and
(ii) in subparagraph (B)--
(I) by striking ``or association of
such facilities''; and
(II) by striking ``or
associations''; and
(E) by striking subsection (i).
(2) Extension of length of contracts.--Section 1153(c)(3) of
the Social Security Act (42 U.S.C. 1320c-2(c)(3)) is amended--
(A) by striking ``three years'' and inserting ``five
years''; and
(B) by striking ``on a triennial basis'' and
inserting ``for terms of five years''.
(3) Authority to terminate in a manner consistent with the
federal acquisition regulation.--Section 1153 of the Social
Security Act (42 U.S.C. 1320c-2) is amended--
(A) in subsection (b), by adding at the end the
following new paragraph:
``(4) The Secretary may consider a variety of factors in selecting
the contractors that the Secretary determines would provide for the most
efficient and effective administration of this part, such as geographic
location, size, and prior experience in health care quality improvement.
Quality improvement organizations operating as of January 1, 2012, shall
be allowed to compete for new contracts (as determined appropriate by
the Secretary) along with other qualified organizations and are eligible
for renewal of contracts for terms five years thereafter (as determined
appropriate by the Secretary).'';
(B) in subsection (c), by striking paragraphs (4)
through (6) and redesignating paragraphs (7) and (8) as
paragraphs (4) and (5), respectively; and
(C) by striking subsection (d).
(4) Administrative improvement.--Section 1153(c)(5) of the
Social Security Act (42 U.S.C. 1320c-2(c)(5)), as redesignated
by this subsection, is amended to read as follows:
[[Page 425]]
``(5) reimbursement shall be made to the organization on a
monthly basis, with payments for any month being made consistent
with the Federal Acquisition Regulation.''.
(c) Authority for Quality Improvement Organizations To Perform
Specialized Functions and to Eliminate Conflicts of Interest.--Part B of
title XI of the Social Security Act (42 U.S.C. 1320c et seq.) is
amended--
(1) in <> section 1153--
(A) in subsection (b)(1), as amended by subsection
(b)(1)(B), by inserting after the first sentence the
following new sentence: ``In entering into contracts
with such qualified organizations, the Secretary shall,
to the extent appropriate, seek to ensure that each of
the functions described in section 1154(a) are carried
out within an area established under subsection (a).'';
and
(B) in subsection (c)(1), by striking ``the
functions set forth in section 1154(a), or may
subcontract for the performance of all or some of such
functions'' and inserting ``a function or functions
under section 1154 directly or may subcontract for the
performance of all or some of such function or
functions''; and
(2) in <> section 1154--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``Any'' and
inserting ``Subject to subsection (b),
any''; and
(II) by inserting ``one or more of''
before ``the following functions'';
(ii) in paragraph (4), by striking
subparagraph (C);
(iii) by inserting after paragraph (11) the
following new paragraph:
``(12) As part of the organization's review responsibility
under paragraph (1), the organization shall review all
ambulatory surgical procedures specified pursuant to section
1833(i)(1)(A) which are performed in the area, or, at the
discretion of the Secretary, a sample of such procedures.''; and
(iv) in paragraph (15), by striking
``significant on-site review activities'' and all
that follows before the period at the end and
inserting ``on-site review activities as the
Secretary determines appropriate''.
(B) by striking subsection (d) and redesignating
subsections (b) and (c) as subsections (c) and (d),
respectively; and
(C) by inserting after subsection (a) the following
new subsection:
``(b) A quality improvement organization entering into a contract
with the Secretary to perform a function described in a paragraph under
subsection (a) must perform all of the activities described in such
paragraph, except to the extent otherwise negotiated with the Secretary
pursuant to the contract or except for a function for which the
Secretary determines it is not appropriate for the organization to
perform, such as a function that could cause a conflict of interest with
another function.''.
(d) Quality Improvement as Specified Function.--Section 1154(a) of
the Social Security Act (42 U.S.C. 1320c-3(a)) is amended by adding at
the end the following new paragraph:
[[Page 426]]
``(18) The organization shall perform, subject to the terms
of the contract, such other activities as the Secretary
determines may be necessary for the purposes of improving the
quality of care furnished to individuals with respect to items
and services for which payment may be made under title XVIII.''.
(e) Effective <> Date.--The amendments
made by this section shall apply to contracts entered into or renewed on
or after January 1, 2012.
SEC. 262. <> RATES FOR MERCHANDISE
PROCESSING FEES.
(a) Fees for Period From July 1, 2014, to November 30, 2015.--For
the period beginning on July 1, 2014, and ending on November 30, 2015,
section 13031(a)(9) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(a)(9)) shall be applied and administered--
(1) in subparagraph (A), by substituting ``0.3464'' for
``0.21''; and
(2) in subparagraph (B)(i), by substituting ``0.3464'' for
``0.21''.
(b) Fees for Period From October 1, 2016, to September 30, 2019.--
For the period beginning on October 1, 2016, and ending on September 30,
2019, section 13031(a)(9) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(9)) shall be applied and
administered--
(1) in subparagraph (A), by substituting ``0.1740'' for
``0.21''; and
(2) in subparagraph (B)(i), by substituting ``0.1740'' for
``0.21''.
SEC. 263. <> TIME FOR REMITTING
CERTAIN MERCHANDISE PROCESSING FEES.
(a) In General.--Notwithstanding any other provision of law, any
fees authorized under paragraphs (9) and (10) of section 13031(a) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)
(9) and (10)) with respect to processing merchandise entered on or after
October 1, 2012, and before November 12, 2012, shall be paid not later
than September 25, 2012, in an amount equivalent to the amount of such
fees paid by the person responsible for such fees with respect to
merchandise entered on or after October 1, 2011, and before November 12,
2011, as determined by the Secretary of the Treasury.
(b) Reconciliation of Merchandise Processing Fees.--
(1) In general.--Not later than December 12, 2012, the
Secretary of the Treasury shall reconcile the fees paid pursuant
to subsection (a) with the fees for services actually provided
on or after October 1, 2012, and before November 12, 2012.
(2) Refunds of overpayments.--
(A) After making the reconciliation required under
paragraph (1), the Secretary of the Treasury shall
refund with interest any overpayment of such fees made
under subsection (a) and make proper adjustments with
respect to any underpayment of such fees.
(B) No interest may be assessed with respect to any
such underpayment that was based on the amount of fees
[[Page 427]]
paid for merchandise entered on or after October 1,
2012, and before November 12, 2012.
Approved October 21, 2011.
LEGISLATIVE HISTORY--H.R. 2832:
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CONGRESSIONAL RECORD, Vol. 157 (2011):
Sept. 7, considered and passed House.
Sept. 20-22, considered and passed Senate, amended.
Oct. 12, House concurred in Senate amendment.