[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2832 Enrolled Bill (ENR)]
H.R.2832
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
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,

82a19a618144651b90c8fd08324d3b2cb778b5efdc1586f9304b05a337cf94e2

(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).
(3) Definition.--As used in this subsection, the terms
``enter'' and ``entry'' include a withdrawal from warehouse for
consumption.

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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''.

6b53ab82a06d7aa9c03b912b560fce0832a71aa7c9266725da6a1433554861d4

(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:

575404331ac377aa702c2e561bacdb052c2682810ac36a75e1103df705dee259

TITLE II

-TRADE ADJUSTMENT ASSISTANCE

Subtitle A--Extension of Trade Adjustment Assistance
PART I--Application of Provisions Relating to Trade Adjustment
Assistance

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assistance.
PART II--Trade Adjustment Assistance for Workers

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and job search and relocation allowances.

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whether there is a 63-day lapse in creditable coverage.

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individuals and PBGC recipients.
Subtitle C--Offsets
PART I--Unemployment Compensation Program Integrity

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organizations (QIOs) in order to improve the quality of care
furnished to Medicare beneficiaries.

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Subtitle A--Extension of Trade Adjustment Assistance
PART I--APPLICATION OF PROVISIONS RELATING TO TRADE ADJUSTMENT
ASSISTANCE

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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

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(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
(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.

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(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.''.

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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
``(C) will complete the training during that period of
eligibility.''.

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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.--
``(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
(2) by striking subsection (g) and redesignating subsection (h)
as subsection (g).

10d80c30c23464936d9e90650847b8c943ad43a00c9609a9e5fee3dd851a01ee

(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''.

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(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:
``(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.''.
(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''.

4f33eee7e02e1fb1e4c80761e8892980ecb865943753222e2fa6a9053c5b4e33

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

733fe6c9bf88fd370a011f625aadd594faeda3f9d3f831a68359de8537cfe390

(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.
``(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''.

399054d626a891f4f4f56bd76bae1441fbeb25c6e8f1b673ddf38c9259955322

(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
(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.''.

11114b7ff723395a21ecec00bec11990718a51c54756bbd079f214df4a97d76b

(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.
``(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

d79c71bf00439f71c274d305383ae8cf92dcf69129257aaf014a6c8c11af7988

(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.
(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 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
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).

97f3124cedc579f4b1321d8c11b71c278a93849543d9697cb555d7b0926120f4

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).

df61a59259e24e6de8df9667c26640ede496ac5a3df4927d6ff64bdf963ecb4c

(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;
(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.--
``(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

d92326158622b3edb300807fc5e293c6af3cd56a563106dd5fb4b2ce898af165

(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''.
(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.

85c47b3ed47aba1ef6765a7acf145f24abe07732b9bc6db67ca0679ea90ae172

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 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.

c36aff41c7c74eef426e250455a094d2ea0cc5cae31464cd0d029138115069bf

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

89124ba563da8d1c0442de44b33a42317c3b89ab2d403f9d9a7db8ac1fb83cc4

(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
(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).

df67e258180f7511e327820e1b0661a4fb6502ad5a4de0bab0ecc4fee7245d04

(a) In General.--Section 3303 of the Internal Revenue Code of 1986
is amended--
(1) by striking subsections (f) and (g); and
(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).

4cf26ce86facc71ecb0347877a471db837b5e30118c731746e278cca112146b5

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 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

a5bcfcedd6dd09caf727f4e1fad9e904be295a237f3db964a14a06c2fccdc93a

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:
``(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:
``(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:
``(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.

44356bce2021cd92e139ca7cf117a1e36bf4d4c9f986920c97b83e6aecfc037f

(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''.

0ee2e8e86fd687357c48880c09e431c2ae4b81bf4e1045a4491fe96b0828f183

(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 paid for
merchandise entered on or after October 1, 2012, and before
November 12, 2012.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

1f8f144575fcd62ce2936eab180f8a2f5f00bf763f827b2d251a1b6f15e3f73e

Trade Adjustment Assistance Extension Act of 2011 — HR. 2832

Other Sections

TITLE II

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