[Congressional Record Volume 157, Number 151 (Tuesday, October 11, 2011)]
[House]
[Pages H6771-H6779]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 2220
EXTENDING THE GENERALIZED SYSTEM OF PREFERENCES
Mr. CAMP. Mr. Speaker, pursuant to House Resolution 425, I call up
the bill (H.R. 2832) to extend the Generalized System of Preferences,
and for other purposes, with a Senate amendment thereto, and I have a
motion at the desk.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
The text of the Senate amendment is as follows:
Senate 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--
[[Page H6772]]
(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
[[Page H6773]]
``(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.
[[Page H6774]]
``(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.
[[Page H6775]]
(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.
[[Page H6776]]
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;
[[Page H6777]]
(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.
Motion to Concur
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Camp moves that the House concur in the Senate
amendment to H.R. 2832.
The SPEAKER pro tempore. Pursuant to House Resolution 425, the motion
shall be debatable for 1 hour, equally divided and controlled by the
chair and ranking minority member of the Committee on Ways and Means.
The gentleman from Michigan (Mr. Camp) and the gentleman from
Michigan (Mr. Levin) each will control 30 minutes.
The Chair recognizes the gentleman from Michigan (Mr. Camp).
General Leave
Mr. CAMP. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days in which to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CAMP. I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 2832, the bill which
renews the Generalized System of Preferences program and also contains
the Trade Adjustment Extension Act of 2011. This
[[Page H6778]]
bill is the cornerstone of a carefully crafted bipartisan, bicameral
agreement that prompted the President to send the three trade
agreements to Congress last Monday and, in turn, has allowed us to move
forward on the long-stalled trade agenda.
The bill renews the bipartisan GSP, the largest U.S. trade preference
program, which was already passed by the House last month. Not only
does this legislation allow duty-free access for specific products from
certain developing countries into the U.S. market; it makes U.S.
manufacturing more competitive by lowering the cost of inputs.
The Coalition for GSP has estimated that over 82,000 U.S. jobs are
directly or indirectly associated with this program. This legislation
renews the program through July 31, 2013, and applies it retroactively
for eligible products imported after the program's expiration date on
December 31, 2010. This program is fully offset with spending cuts.
This bill also contains a reauthorization of Trade Adjustment
Assistance, better known as TAA. Earlier this summer, the White House
sprung upon us that it would not send the three free trade agreements
to Congress if there was no ``deal'' on TAA. I took this demand to
heart and made the decision that I had to do everything in my power to
reach agreement on a streamlined, cost-effective, and reduced TAA
program to ensure that all three job-creating trade agreements could
move forward. I worked with Chairman Baucus and the White House to
forge a bipartisan agreement on TAA to do just that.
The core principles of our conference--ensuring smaller government
and cutting spending--were the foundation of my negotiating stance
throughout the TAA talks. As a result, contrary to initial White House
demands that we reauthorize the 2009 TAA law that, according to the
Congressional Budget Office, cost more than $700 million per year for 5
years, we forced the administration to accept significant cuts to the
program. The cost for the final TAA agreement is approximately one-half
that amount, according to CBO. The deal costs roughly $900 million
total for a 3-year program and is fully offset with spending cuts,
including deep cuts below the baseline to the program itself. Moreover,
TAA reverts to 2002 levels or below for 2014, and the entire program
completely ends after 2014.
In order to achieve these savings, we streamlined and scaled back TAA
as a whole. I'll note some of the highlights. We reduced the number of
weeks of income support under the TAA for Workers program from 156 in
2009 down to 117 weeks, with up to an additional 13 weeks available
only if the applicant has met stringent standards and has
``substantially met the performance benchmarks'' of his or her training
program.
I also want to note here for clarity that TAA benefits run
concurrently with unemployment benefits. In other words, there is no
double-dipping. We slashed the health care subsidy from 80 percent down
to 72.5 percent and completely repeal it after 2013.
We denied TAA eligibility for public sector workers.
We eliminated half of the allowable justifications for the program's
training waivers to ensure that only those who are in training will be
eligible for TAA benefits, with only limited exceptions.
We consolidated and reduced by $110 million all non-income support
expenditures of the program.
We slashed funding for TAA for Firms back to 2002 law levels, made
TAA for Farmers a discretionary program, and eliminated most of the TAA
for Communities program authorized at $190 million in the 2009 law.
We also added in enhanced performance measures and accountability
into all of the TAA programs. And on top of that, we fully offset this
program with spending cuts.
Overall, we slashed and streamlined TAA significantly and are today
moving forward the most significant trade deal this country has seen in
15 years. For those who are concerned about TAA, let me urge you to
recognize that this extension of a scaled back TAA is a small price to
pay for the extraordinary promise these trade agreements hold for our
economy.
I encourage my colleagues to consider the four votes for the three
trade agreements and the GSP/TAA bill as a comprehensive package and a
model of bipartisanship for creating jobs and enhancing economic growth
in this country.
Therefore, I urge all of my colleagues to support this legislation,
and I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield such time as he may consume to the
ranking member on the Trade Subcommittee, the gentleman from Washington
(Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Speaker, finally we come to the most important of
the bills that we're going to deal with tonight. This should have been
the first bill. This should have been dealt with a long time ago--back
in February when it expired--because this is a bill that extends two
programs that have had strong bipartisan support in the past, the Trade
Adjustment Assistance program and the Generalized System of Preferences
program.
When the leadership in the Senate decided that the only thing that
they were going to do was stop President Obama from having a second
term, they recognized this trade issue was a very sensitive one, and
the most sensitive issue was what does it do to American workers. Do we
help people that are displaced when jobs go overseas or just disappear
generally? Then are we going to help our workers? And the Democrats
said we've got to do that. If we don't do that, nothing else is going
to happen. Finally, the Republican leadership in the Senate said, well,
okay. Because we want something, we'll finally give a little something
to the workers. You've heard the reductions that have been made.
This bill started in 1962 under John Kennedy, and it was done to help
workers who were laid off because of increased competition in trade. In
2009, we finally had a reform with bipartisan support. The Congress
made significant changes in TAA, many of which were made to deal with
past criticisms of the bill. It wasn't enough; it didn't help people.
It needed health care benefits. There were a lot of things that were
problematic since 1962.
When the Recovery Act became the vehicle in 2009, TAA was put on it.
There was never any expectation that it would just disappear in 2011.
Senator Grassley, a nice conservative, solid Republican Senator from
Iowa said: ``Today's achievement is the culmination of years of effort,
and I'm confident the result will serve to benefit American workers in
Iowa and across the United States for years to come.'' Not ending in
2011--for years to come. Don't forget those words. And yet the House
leadership made the unfortunate choice to let those critical reforms
expire last winter.
Washington State workers benefited immensely from those 2009 reforms.
In fact, in the past couple of years, 35 percent of all of the workers
certified for TAA in Washington State were certified under the new
eligibility criteria, including the expansion of work programs to cover
service workers. Today's bill protects and preserves the integrity of
the TAA program and the 2009 reforms and provides trade-impacted
workers with the support they need to get back on their feet.
Now when you lose a job, it used to be unemployment was sort of set
up, if your construction job went away because it was wintertime, you
went on unemployment insurance. And springtime came back and the job
came back, and away you went. In this economy, the jobs go away, and
they don't come back. So you have to learn some new skill to make a
living for your family. Now that concept is one we should have for all
workers in this country, not just for those affected by trade.
{time} 2230
Workers in Washington and all across the country have suffered
because of the delay in the implementation of this bill.
This bill also extends the General Systems of Preferences program,
which is the oldest of the U.S. assistance programs for our
businesspeople in this country. It's played an important role in our
Nation's trade and development efforts for decades.
Sometimes I ask myself if anybody on the Republican side ever had
anything to do with a business. I'm not a
[[Page H6779]]
businessman, but I know that the most important thing for a businessman
or businesswoman is to be able to plan, to know that the program is
going to be there and that you can quote a price to somebody because
you know it will be there. But the GSP program, which has been
important to a lot of our small businesses, has simply been unreliable
because the Republican leadership couldn't seem to figure out how to
extend something that has been bipartisan for years.
U.S. workers as well as businesses have relied on GSP. About 65 to 70
percent of U.S. imports under GSP are imports used to support U.S.
manufacturing. We're getting things from outside to bring into this
country. As a result of the delay in extending GSP in the U.S. and in
developing countries that rely on these preferences, the business deals
have ended. There have been all kinds of problems. We hear about them
in our office from our little businesses in our district.
Now we are finally considering this important legislation. I urge my
colleagues to pass it. I understand that the Senate is, tomorrow, going
to pass; it at exactly the same time as we pass it in here. It will be
a historic moment that we extend a program that started as bipartisan
in 1962. It is essential that we as a Congress think about our workers
and their jobs. We're not worried about the rest of the world.
A big problem in this country is that we haven't paid attention to
our workers and what happens to them when they lose their jobs. They
have unemployment maybe for 99 weeks. We haven't extended unemployment
benefits either. That's another issue hanging around here that's going
to ultimately hurt our workers. The leadership on the other side knows
it. Why do they sit there and dangle our workers that way? Why do you
want to make them angry and upset and uncertain?
You watch the Tea Party in the street, you watch what's going on down
on Wall Street, you've got to say to yourself, There's something
brewing out there. And if you don't deal with unemployment insurance
and what happens to workers, we are going to have a very turbulent year
in the next year.
I urge all Members to vote for this.
Mr. CAMP. I yield such time as he may consume to the distinguished
chairman of the Trade Subcommittee, the gentleman from Texas (Mr.
Brady).
Mr. BRADY of Texas. Mr. Speaker, I join my colleagues in strongly
supporting passage of this legislation which renews the Generalized
System of Preferences program and also reauthorizes a smaller Trade
Adjustment Assistance program. This bill is a key part of the
bipartisan trade package before us today and is crucial to letting the
world know the United States is back on the trade field again.
The legislation has two very important parts: GSP and Trade
Adjustment Assistance. With regard to preferences, this program
provides preferential access to certain imports from selected
developing countries. And, importantly, it also benefits U.S.
manufacturers and creates U.S. jobs. Nearly three-quarters of all the
eligible imports are raw materials, component parts, or machinery and
equipment used by American companies to manufacture goods in America.
That means our manufacturers can make things here in the United States
more cheaply and employ more Americans in the process. As far as I'm
concerned, that is a real win-win. Moreover, I must note that this
program is fully offset with spending cuts.
On Trade Adjustment Assistance, I applaud Chairman Camp for his
scaled-back version of TAA that he was able to negotiate with the White
House and Chairman Baucus from the Senate. At the outset, the White
House demanded that there be a straight extension of the 2009 law for 5
years and held the trade agreements, frankly, hostage. Chairman Camp,
however, refused to accept that ultimatum. He instead negotiated a
strong agreement and forced the White House to accept deep cuts to the
programs as well as other significant spending cuts, including cuts to
other unemployment benefit programs. Overall, according to the
Congressional Budget Office, the Trade Adjustment Assistance package
costs one-half of what the administration had originally demanded and
is fully offset with spending cuts.
Now, there is fair criticism of Trade Adjustment Assistance. It is
expensive, not especially efficient, and has grown over the years to
not really serve the people that it needs to. In this tight fiscal
situation, these are fair concerns. In an ideal world, the President
would have needed no persuading to send up the trade agreement to
Congress and we would have considered them long ago. However, the
reality is different, and we were told in order to move forward
bipartisan legislation on trade, we had to work with the Senate and the
White House on this issue. In this case, Chairman Camp, on behalf of
Republicans in the House and the Senate, secured significant reforms to
the programs, including key spending cuts, consolidations, and other
concessions. The program has been cut in some cases below the 2002
trade adjustment levels, all setting the stage for sunset of the
program at the end of 2014.
All in all, our constructive bipartisan work on trade has yielded a
victory for the American people both through the trade agreements and
this bill. I urge my colleagues to support this measure and consider
this to be part of the comprehensive package, a comprehensive
bipartisan jobs package for America.
Mr. LEVIN. How much time is remaining on both sides?
The SPEAKER pro tempore. The gentleman from Michigan (Mr. Levin) has
23 minutes remaining. The gentleman from Michigan (Mr. Camp) has 22
minutes remaining.
Mr. LEVIN. I reserve the balance of my time.
Mr. CAMP. I reserve the balance of my time.
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the motion is postponed.
____________________