[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2832 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                    September 22, 2011.
    Resolved, That the bill from the House of Representatives (H.R. 
2832) entitled ``An Act to extend the Generalized System of 
Preferences, and for other purposes.'', do pass with the following

                               AMENDMENT:

            At the end, add the following:

                 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.
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 
        chapters 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
                    (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
                    ``(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.--
            ``(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).

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:
                    ``(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''.

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.
            ``(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''.

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
                            (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.
            ``(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.
                            (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).

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;
            (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

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''.
                    (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 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
            (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
            (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 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:
    ``(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.

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 
                paid for merchandise entered on or after October 1, 
                2012, and before November 12, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  1st Session

                               H.R. 2832

_______________________________________________________________________

                               AMENDMENT