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[112th Congress Public Law 40]
[From the U.S. Government Printing Office]

[[Page 125 STAT. 401]]

Public Law 112-40
112th Congress

                                 An Act

 
     To extend the Generalized System of Preferences, and for other 
            purposes. <<NOTE: Oct. 21, 2011 -  [H.R. 2832]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.

    (a) Extension.--Section 505 of the Trade Act of 1974 (19 U.S.C. 
2465) is amended by striking ``December 31, 2010'' and inserting ``July 
31, 2013''.
    (b) Effective <<NOTE: 19 USC 2465 note.>>  Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to articles entered on or after the 15th day after the 
        date of the enactment of this Act.
            (2) Retroactive <<NOTE: Deadlines.>>  application for 
        certain liquidations and reliquidations.--
                    (A) In general.--Notwithstanding section 514 of the 
                Tariff Act of 1930 (19 U.S.C. 1514) or any other 
                provision of law and subject to subparagraph (B), any 
                entry of an article to which duty-free treatment or 
                other preferential treatment under title V of the Trade 
                Act of 1974 would have applied if the entry had been 
                made on December 31, 2010, that was made--
                          (i) after December 31, 2010; and
                          (ii) before the 15th day after the date of the 
                      enactment of this Act,
                shall be liquidated or reliquidated as though such entry 
                occurred on the 15th day after the date of the enactment 
                of this Act.
                    (B) Requests.--A liquidation or reliquidation may be 
                made under subparagraph (A) with respect to an entry 
                only if a request therefor is filed with U.S. Customs 
                and Border Protection not later than 180 days after the 
                date of the enactment of this Act that contains 
                sufficient information to enable U.S. Customs and Border 
                Protection--
                          (i) to locate the entry; or
                          (ii) to reconstruct the entry if it cannot be 
                      located.
                    (C) Payment of amounts owed.--Any amounts owed by 
                the United States pursuant to the liquidation or 
                reliquidation of an entry of an article under 
                subparagraph (A) shall be paid, without interest, not 
                later than 90 days after the date of the liquidation or 
                reliquidation (as the case may be).

[[Page 125 STAT. 402]]

            (3) Definition.--As used in this subsection, the terms 
        ``enter'' and ``entry'' include a withdrawal from warehouse for 
        consumption.
SEC. 2. MERCHANDISE <<NOTE: 19 USC 58c note.>>  PROCESSING FEES.

    For <<NOTE: Time period. Applicability.>>  the period beginning on 
October 1, 2011, and ending on June 30, 2014, section 13031(a)(9) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(a)(9)) shall be applied and administered--
            (1) in subparagraph (A), by substituting ``0.3464'' for 
        ``0.21''; and
            (2) in subparagraph (B)(i), by substituting ``0.3464'' for 
        ``0.21''.

  TITLE II--TRADE <<NOTE: Trade Adjustment Assistance Extension Act of 
2011.>>  ADJUSTMENT ASSISTANCE
SEC. 200. <<NOTE: 19 USC 2101 note.>> SHORT TITLE; TABLE OF 
                        CONTENTS.

    (a) Short Title.--This title may be cited as the ``Trade Adjustment 
Assistance Extension Act of 2011''.
    (b) Table of Contents.--The table of contents for this title is as 
follows:

                  TITLE II--TRADE ADJUSTMENT ASSISTANCE

Sec. 200. Short title; table of contents.

          Subtitle A--Extension of Trade Adjustment Assistance

     PART I--Application of Provisions Relating to Trade Adjustment 
                               Assistance

Sec. 201. Application of provisions relating to trade adjustment 
           assistance.

            PART II--Trade Adjustment Assistance for Workers

Sec. 211. Group eligibility requirements.
Sec. 212. Reductions in waivers from training.
Sec. 213. Limitations on trade readjustment allowances.
Sec. 214. Funding of training, employment and case management services, 
           and job search and relocation allowances.
Sec. 215. Reemployment trade adjustment assistance.
Sec. 216. Program accountability.
Sec. 217. Extension.

                  PART III--Other Adjustment Assistance

Sec. 221. Trade adjustment assistance for firms.
Sec. 222. Trade adjustment assistance for communities.
Sec. 223. Trade adjustment assistance for farmers.

                       PART IV--General Provisions

Sec. 231. Applicability of trade adjustment assistance provisions.
Sec. 232. Termination provisions.
Sec. 233. Sunset provisions.

                 Subtitle B--Health Coverage Improvement

Sec. 241. Health care tax credit.
Sec. 242. TAA pre-certification period rule for purposes of determining 
           whether there is a 63-day lapse in creditable coverage.
Sec. 243. Extension of COBRA benefits for certain TAA-eligible 
           individuals and PBGC recipients.

                           Subtitle C--Offsets

           PART I--Unemployment Compensation Program Integrity

Sec. 251. Mandatory penalty assessment on fraud claims.
Sec. 252. Prohibition on noncharging due to employer fault.

[[Page 125 STAT. 403]]

Sec. 253. Reporting of rehired employees to the directory of new hires.

                       PART II--Additional Offsets

Sec. 261. Improvements to contracts with Medicare quality improvement 
           organizations (QIOs) in order to improve the quality of care 
           furnished to Medicare beneficiaries.
Sec. 262. Rates for merchandise processing fees.
Sec. 263. Time for remitting certain merchandise processing fees.

          Subtitle A--Extension of Trade Adjustment Assistance

     PART I--APPLICATION OF PROVISIONS RELATING TO TRADE ADJUSTMENT 
                               ASSISTANCE

SEC. 201. APPLICATION OF PROVISIONS RELATING TO TRADE ADJUSTMENT 
                        ASSISTANCE.

    (a) Repeal of Snapback.--Section 1893 of the Trade and Globalization 
Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat. 
422) <<NOTE: 19 USC 2271 note prec.>> is repealed.

    (b) Applicability <<NOTE: 19 USC 2271 and note prec., 2272-2275, 
2291-2298, 2311, 2315-2323, 2341, 2343-2352, 2354-2356, 2371-2374, 2393, 
2395, 2397a, 2401-2401b, 2401e-2401g.>> of Certain Provisions.--Except 
as otherwise provided in this subtitle, the provisions of chapters 2 
through 6 of title II of the Trade Act of 1974, as in effect on February 
12, 2011, and as amended by this subtitle, shall--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply to petitions for certification filed under chapter 
        2, 3, or 6 of title II of the Trade Act of 1974 on or after such 
        date of enactment.

    (c) References.--Except <<NOTE: Effective date. 19 USC 2271 and note 
prec., 2272-2275, 2291-2298, 2311, 2315-2323, 2341, 2343-2352, 2354-
2356, 2371-2374, 2393, 2395, 2397a, 2401-2401b, 2401e-2401g.>>  as 
otherwise provided in this subtitle, whenever in this subtitle an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a provision of chapters 2 through 6 of title II of the Trade Act of 
1974, the reference shall be considered to be made to a provision of any 
such chapter, as in effect on February 12, 2011.

            PART II--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

SEC. 211. GROUP ELIGIBILITY REQUIREMENTS.

    (a) In General.--Section 222 of the Trade Act of 1974 (19 U.S.C. 
2272) is amended--
            (1) by striking subsection (b);
            (2) by redesignating subsections (c) through (f) as 
        subsections (b) through (e), respectively;
            (3) in paragraph (2) of subsection (b), as redesignated, by 
        striking ``(d)'' and inserting ``(c)'';
            (4) in subsection (c), as redesignated, by striking 
        paragraph (5); and
            (5) in paragraph (2) of subsection (d), as redesignated, by 
        striking ``, (b), or (c)'' and inserting ``or (b)''.

    (b) Conforming Amendments.--Section 247 of the Trade Act of 1974 (19 
U.S.C. 2319) is amended--
            (1) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``Subject to section 222(d)(5), the term'' and 
                inserting ``The term''; and

[[Page 125 STAT. 404]]

                    (B) in subparagraph (A), by striking ``, service 
                sector firm, or public agency'' and inserting ``or 
                service sector firm'';
            (2) by striking paragraph (7); and
            (3) by redesignating paragraphs (8) through (19) as 
        paragraphs (7) through (18), respectively.
SEC. 212. REDUCTIONS IN WAIVERS FROM TRAINING.

    (a) In General.--Section 231(c) of the Trade Act of 1974 (19 U.S.C. 
2291(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraphs (A), (B), and (C); and
                    (B) by redesignating subparagraphs (D), (E), and (F) 
                as subparagraphs (A), (B), and (C), respectively; and
            (2) in paragraph (3)(B), by striking ``(D), (E), or (F)'' 
        and inserting ``or (C)''.

    (b) Good Cause Exception.--Section 234(b) of the Trade Act of 1974 
(19 U.S.C. 2294(b)) is amended to read as follows:
    ``(b) Special Rule on Good Cause for Waiver of Time Limits or Late 
Filing of Claims.--The <<NOTE: Procedures.>> 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 <<NOTE: Time period.>>  any other provision 
of this section, in order to assist an adversely affected worker to 
complete training approved for the worker under section 236 that leads 
to the completion of a degree or industry-recognized credential, 
payments may be made as trade readjustment allowances for not more than 
13 weeks within such period of eligibility as the Secretary may 
prescribe to account for a break in training or for justifiable cause 
that follows the last week for which the worker is otherwise entitled to 
a trade readjustment allowance under this chapter if--
            ``(1) payment of the trade readjustment allowance for not 
        more than 13 weeks is necessary for the worker to complete the 
        training;
            ``(2) the worker participates in training in each such week; 
        and
            ``(3) the worker--
                    ``(A) has substantially met the performance 
                benchmarks established as part of the training approved 
                for the worker;
                    ``(B) is expected to continue to make progress 
                toward the completion of the training; and

[[Page 125 STAT. 405]]

                    ``(C) will complete the training during that period 
                of eligibility.''.
SEC. 214. FUNDING OF TRAINING, EMPLOYMENT AND CASE MANAGEMENT 
                        SERVICES, AND JOB SEARCH AND RELOCATION 
                        ALLOWANCES.

    (a) In General.--Section 236(a)(2) of the Trade Act of 1974 (19 
U.S.C. 2296(a)(2)) is amended--
            (1) by inserting ``and sections 235, 237, and 238'' after 
        ``to carry out this section'' each place it appears;
            (2) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``of payments that may be made under paragraph (1)'' and 
                inserting ``of funds available to carry out this section 
                and sections 235, 237, and 238''; and
                    (B) by striking clauses (i) and (ii) and inserting 
                the following:
                    ``(i) $575,000,000 for each of fiscal years 2012 and 
                2013; and
                    ``(ii) $143,750,000 for the 3-month period beginning 
                on October 1, 2013, and ending on December 31, 2013.'';
            (3) in subparagraph (C)(ii)(V), by striking ``relating to 
        the provision of training under this section'' and inserting 
        ``to carry out this section and sections 235, 237, and 238''; 
        and
            (4) in subparagraph (E), by striking ``to pay the costs of 
        training approved under this section'' and inserting ``to carry 
        out this section and sections 235, 237, and 238''.

    (b) Limitations on Administrative Expenses and Employment and Case 
Management Services.--
            (1) In general.--Section 235A of the Trade Act of 1974 (19 
        U.S.C. 2295a) is amended--
                    (A) in the section heading, by striking ``funding 
                for'' and inserting ``limitations on''; and
                    (B) by striking subsections (a) and (b) and 
                inserting the following:

    ``Of the funds made available to a State to carry out sections 235 
through 238 for a fiscal year, the State shall use--
            ``(1) not more than 10 percent for the administration of the 
        trade adjustment assistance for workers program under this 
        chapter, including for--
                    ``(A) processing waivers of training requirements 
                under section 231;
                    ``(B) collecting, validating, and reporting data 
                required under this chapter; and
                    ``(C) providing reemployment trade adjustment 
                assistance under section 246; and
            ``(2) not less than 5 percent for employment and case 
        management services under section 235.''.
            (2) Clerical amendment.--The table of contents for the Trade 
        Act of 1974 is amended by striking the item relating to section 
        235A and inserting the following:

``Sec. 235A. Limitations on administrative expenses and employment and 
           case management services.''.

    (c) Reallotment of Funds.--Section 245 of the Trade Act of 1974 (19 
U.S.C. 2317) is amended by adding at the end the following:
    ``(c) Reallotment of Funds.--

[[Page 125 STAT. 406]]

            ``(1) In general.--The Secretary may--
                    ``(A) reallot funds that were allotted to any State 
                to carry out sections 235 through 238 and that remain 
                unobligated by the State during the second or third 
                fiscal year after the fiscal year in which the funds 
                were provided to the State; and
                    ``(B) provide such realloted funds to States to 
                carry out sections 235 through 238 in accordance with 
                procedures established by the Secretary.
            ``(2) Requests by states.--In establishing procedures under 
        paragraph (1)(B), the Secretary shall include procedures that 
        provide for the distribution of realloted funds under that 
        paragraph pursuant to requests submitted by States in need of 
        such funds.
            ``(3) Availability of amounts.--The reallotment of funds 
        under paragraph (1) shall not extend the period for which such 
        funds are available for expenditure.''.

    (d) Job Search Allowances.--Section 237 of the Trade Act of 1974 (19 
U.S.C. 2297) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``An adversely affected worker'' and 
                inserting ``Each State may use funds made available to 
                the State to carry out sections 235 through 238 to allow 
                an adversely affected worker''; and
                    (B) by striking ``may'' and inserting ``to'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) by striking ``An'' and inserting ``Any''; 
                      and
                          (ii) by striking ``all necessary job search 
                      expenses'' and inserting ``not more than 90 
                      percent of the necessary job search expenses of 
                      the worker''; and
                    (B) in paragraph (2), by striking ``$1,500'' and 
                inserting ``$1,250''; and
            (3) in subsection (c), by striking ``the Secretary shall'' 
        and inserting ``a State may''.

    (e) Relocation Allowances.--Section 238 of the Trade Act of 1974 (19 
U.S.C. 2298) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``Any adversely affected worker'' 
                and inserting ``Each State may use funds made available 
                to the State to carry out sections 235 through 238 to 
                allow an adversely affected worker''; and
                    (B) by striking ``may file'' and inserting ``to 
                file''; and
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``The'' and inserting ``Any''; 
                      and
                          (ii) by striking ``includes'' and inserting 
                      ``shall include'';
                    (B) in paragraph (1), by striking ``all'' and 
                inserting ``not more than 90 percent of the''; and
                    (C) in paragraph (2), by striking ``$1,500'' and 
                inserting ``$1,250''.

    (f) Conforming Amendments.--Section 236 of the Trade Act of 1974 (19 
U.S.C. 2296) is amended--
            (1) in subsection (b), in the first sentence, by striking 
        ``approppriate'' and inserting ``appropriate''; and

[[Page 125 STAT. 407]]

            (2) by striking subsection (g) and redesignating subsection 
        (h) as subsection (g).
SEC. 215. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE.

    (a) In General.--Section 246(a) of the Trade Act of 1974 (19 U.S.C. 
2318(a)) is amended--
            (1) in paragraph (3)(B)(ii), by striking ``$55,000'' and 
        inserting ``$50,000''; and
            (2) in paragraph (5)--
                    (A) in subparagraph (A)(i), by striking ``$12,000'' 
                and inserting ``$10,000''; and
                    (B) in subparagraph (B)(i), by striking ``$12,000'' 
                and inserting ``$10,000''.

    (b) Extension.--Section 246(b)(1) of the Trade Act of 1974 (19 
U.S.C. 2318(b)(1)) is amended by striking ``February 12, 2011'' and 
inserting ``December 31, 2013''.
SEC. 216. PROGRAM ACCOUNTABILITY.

    (a) Core Indicators of Performance.--
            (1) In general.--Section 239(j)(2)(A) of the Trade Act of 
        1974 (19 U.S.C. 2311(j)(2)(A)) is amended to read as follows:
                    ``(A) In general.--The core indicators of 
                performance described in this paragraph are--
                          ``(i) the percentage of workers receiving 
                      benefits under this chapter who are employed 
                      during the first or second calendar quarter 
                      following the calendar quarter in which the 
                      workers cease receiving such benefits;
                          ``(ii) the percentage of such workers who are 
                      employed during the 2 calendar quarters following 
                      the earliest calendar quarter during which the 
                      worker was employed as described in clause (i);
                          ``(iii) the average earnings of such workers 
                      who are employed during the 2 calendar quarters 
                      described in clause (ii); and
                          ``(iv) the percentage of such workers who 
                      obtain a recognized postsecondary credential, 
                      including an industry-recognized credential, or a 
                      secondary school diploma or its recognized 
                      equivalent if combined with employment under 
                      clause (i), while receiving benefits under this 
                      chapter or during the 1-year period after such 
                      workers cease receiving such benefits.''.
            (2) Effective <<NOTE: 19 USC 2311 note.>>  date.--The 
        amendment made by paragraph (1) shall--
                    (A) take effect on October 1, 2011; and
                    (B) apply <<NOTE: Applicability.>> with respect to 
                agreements under section 239 of the Trade Act of 1974 
                (19 U.S.C. 2311) entered into before, on, or after 
                October 1, 2011.

    (b) Collection and Publication of Data.--
            (1) In general.--Section 249B(b) of the Trade Act of 1974 
        (19 U.S.C. 2323(b)) is amended--
                    (A) in paragraph (2)--
                          (i) in subparagraph (B), by inserting 
                      ``(including such allowances classified by 
                      payments under paragraphs (1) and (3) of section 
                      233(a), and section 233(f), respectively) and 
                      payments under section 246'' after ``readjustment 
                      allowances''; and
                          (ii) by adding at the end the following:

[[Page 125 STAT. 408]]

                    ``(D) The average number of weeks trade readjustment 
                allowances were paid to workers.
                    ``(E) The number of workers who report that they 
                have received benefits under a prior certification 
                issued under this chapter in any of the 10 fiscal years 
                preceding the fiscal year for which the data is 
                collected under this section.'';
                    (B) in paragraph (3)--
                          (i) in subparagraph (A), by inserting 
                      ``training leading to an associate's degree, 
                      remedial education, prerequisite education,'' 
                      after ``distance learning,'';
                          (ii) by amending subparagraph (B) to read as 
                      follows:
                    ``(B) The number of workers who complete training 
                approved under section 236 who were enrolled in pre-
                layoff training or part-time training at any time during 
                that training.'';
                          (iii) in subparagraph (C), by inserting ``, 
                      and the average duration of training that does not 
                      include remedial or prerequisite education'' after 
                      ``training'';
                          (iv) in subparagraph (E), by striking 
                      ``duration'' and inserting ``average duration''; 
                      and
                          (v) in subparagraph (F), by inserting ``and 
                      the average duration of the training that was 
                      completed by such workers'' after ``training''; 
                      and
                    (C) in paragraph (4)--
                          (i) by redesignating subparagraph (B) as 
                      subparagraph (D); and
                          (ii) by inserting after subparagraph (A) the 
                      following:
                    ``(B) A summary of the data on workers in the 
                quarterly reports required under section 239(j) 
                classified by the age, pre-program educational level, 
                and post-program credential attainment of the workers.
                    ``(C) The average earnings of workers described in 
                section 239(j)(2)(A)(i) in the second, third, and fourth 
                calendar quarters following the calendar quarter in 
                which such workers cease receiving benefits under this 
                chapter, expressed as a percentage of the average 
                earnings of such workers in the 3 calendar quarters 
                before the calendar quarter in which such workers began 
                receiving benefits under this chapter.''; and
                    (D) by adding at the end the following:
            ``(6) Data on spending.--
                    ``(A) The total amount of funds used to pay for 
                trade readjustment allowances, in the aggregate and by 
                each State.
                    ``(B) The total amount of the payments to the States 
                to carry out sections 235 through 238 used for training, 
                in the aggregate and for each State.
                    ``(C) The total amount of payments to the States to 
                carry out sections 235 through 238 used for the costs of 
                administration, in the aggregate and for each State.
                    ``(D) The total amount of payments to the States to 
                carry out sections 235 through 238 used for job search 
                and relocation allowances, in the aggregate and for each 
                State.''.

[[Page 125 STAT. 409]]

            (2) Effective <<NOTE: 19 USC 2323 note.>>  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. <<NOTE: 19 USC 2345a.>> ANNUAL REPORT ON TRADE 
                          ADJUSTMENT ASSISTANCE FOR FIRMS.

    ``(a) In General.--Not later than December 15, 2012, and annually 
thereafter, the Secretary shall prepare a report containing data 
regarding the trade adjustment assistance for firms program under this 
chapter for the preceding fiscal year. The data shall include the 
following:
            ``(1) The number of firms that inquired about the program.
            ``(2) The number of petitions filed under section 251.
            ``(3) The number of petitions certified and denied by the 
        Secretary.
            ``(4) The average time for processing petitions after the 
        petitions are filed.
            ``(5) The number of petitions filed and firms certified for 
        each congressional district of the United States.
            ``(6) Of the number of petitions filed, the number of firms 
        that entered the program and received benefits.
            ``(7) The number of firms that received assistance in 
        preparing their petitions.
            ``(8) The number of firms that received assistance 
        developing business recovery plans.
            ``(9) The number of business recovery plans approved and 
        denied by the Secretary.
            ``(10) The average duration of benefits received under the 
        program nationally and in each region served by an intermediary 
        organization referred to in section 253(b)(1).
            ``(11) Sales, employment, and productivity at each firm 
        participating in the program at the time of certification.
            ``(12) Sales, employment, and productivity at each firm upon 
        completion of the program and each year for the 2-year period 
        following completion of the program.
            ``(13) The number of firms in operation as of the date of 
        the report and the number of firms that ceased operations after 
        completing the program and in each year during the 2-year period 
        following completion of the program.

[[Page 125 STAT. 410]]

            ``(14) The financial assistance received by each firm 
        participating in the program.
            ``(15) The financial contribution made by each firm 
        participating in the program.
            ``(16) The types of technical assistance included in the 
        business recovery plans of firms participating in the program.
            ``(17) The number of firms leaving the program before 
        completing the project or projects in their business recovery 
        plans and the reason the project or projects were not completed.
            ``(18) The total amount expended by all intermediary 
        organizations referred to in section 253(b)(1) and by each such 
        organization to administer the program.
            ``(19) The total amount expended by intermediary 
        organizations to provide technical assistance to firms under the 
        program nationally and in each region served by such an 
        organization.

    ``(b) Classification of Data.--To the extent possible, in collecting 
and reporting the data described in subsection (a), the Secretary shall 
classify the data by intermediary organization, State, and national 
totals.
    ``(c) Report to Congress; Publication.--The Secretary shall--
            ``(1) submit the report described in subsection (a) to the 
        Committee on Finance of the Senate and the Committee on Ways and 
        Means of the House of Representatives; and
            ``(2) publish <<NOTE: Federal Register, publication. Web 
        posting.>>  the report in the Federal Register and on the 
        website of the Department of Commerce.

    ``(d) Protection of Confidential Information.--
            ``(1) In general.--The <<NOTE: Notice.>>  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 <<NOTE: Effective date. 19 
        USC 2356 note.>>  on the day after the date on which the 
        Secretary of Commerce submits the report required by section 
        1866 of the Trade and Globalization Adjustment Assistance Act of 
        2009 (19 U.S.C. 2356) for fiscal year 2011, such section is 
        repealed.

    (b) Extension.--Section 255(a) of the Trade Act of 1974 (19 U.S.C. 
2345(a)) is amended--
            (1) by striking ``$50,000,000'' and all that follows through 
        ``February 12, 2011.'' and inserting ``$16,000,000 for each of 
        the fiscal years 2012 and 2013, and $4,000,000 for the 3-month 
        period beginning on October 1, 2013, and ending on December 31, 
        2013.''; and
            (2) by striking ``shall--'' and all that follows through 
        ``otherwise remain'' and inserting ``shall remain''.

[[Page 125 STAT. 411]]

SEC. 222. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

    (a) In General.--Chapter 4 of title II of the Trade Act of 1974 (19 
U.S.C. 2371 et seq.) <<NOTE: 19 USC 2371-2374.>>  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 <<NOTE: 19 USC 2371, 
        2372.>>  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 <<NOTE: 19 USC 
        2371.>> (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 <<NOTE: 19 USC 2371 note.>>  date.--The 
        amendments made by paragraph (1) shall--
                    (A) take effect on October 1, 2011; and
                    (B) apply with <<NOTE: Applicability.>>  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 <<NOTE: 19 USC 2371.>>  (a)(3), is amended--
                    (A) in subsection (c)--
                          (i) in paragraph (4)--
                                    (I) in subparagraph (A)--
                                            (aa) in clause (ii), by 
                                        striking the semicolon and 
                                        inserting ``; and'';
                                            (bb) by striking clauses 
                                        (iii) and (iv); and
                                            (cc) by redesignating clause 
                                        (v) as clause (iii);
                                    (II) in subparagraph (B), by 
                                striking ``(A)(v)'' and inserting 
                                ``(A)(iii)''; and

[[Page 125 STAT. 412]]

                          (ii) in paragraph (5)(A)--
                                    (I) in clause (i)--
                                            (aa) in the matter preceding 
                                        subclause (I), by striking ``, 
                                        and other entities described in 
                                        section 276(a)(2)(B)''; and
                                            (bb) in subclause (II), by 
                                        striking the semicolon and 
                                        inserting ``; and'';
                                    (II) by striking clause (iii); and
                    (B) in subsection (d), by striking paragraph (2) and 
                redesignating paragraph (3) as paragraph (2).
            (2) Subsection (b) of section 272 of the Trade Act of 1974, 
        as redesignated by subsection (a)(3), <<NOTE: 19 USC 2372.>> is 
        amended by striking ``278(a)(2)'' and inserting ``271(a)(2)''.

    (d) Clerical Amendment.--The table of contents for the Trade Act of 
1974 is amended by striking the items relating to chapter 4 of title II 
and inserting the following:

        ``Chapter 4--Trade Adjustment Assistance for Communities

``Sec. 271. Community College and Career Training Grant Program.
``Sec. 272. Authorization of appropriations.''.

SEC. 223. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

    (a) Annual Report.--
            (1) In general.--Section 293(d) of the Trade Act of 1974 (19 
        U.S.C. 2401b(d)) is amended to read as follows:

    ``(d) Annual Report.--Not later than January 30 of each year, the 
Secretary shall submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives a report 
containing the following information with respect to the trade 
adjustment assistance for farmers program under this chapter during the 
preceding fiscal year:
            ``(1) A list of the agricultural commodities covered by a 
        certification under this chapter.
            ``(2) The States or regions in which agricultural 
        commodities are produced and the aggregate amount of such 
        commodities produced in each such State or region.
            ``(3) The number of petitions filed.
            ``(4) The number of petitions certified and denied by the 
        Secretary.
            ``(5) The average time for processing petitions.
            ``(6) The number of petitions filed and agricultural 
        commodity producers approved for each congressional district of 
        the United States.
            ``(7) Of the number of producers approved, the number of 
        agricultural commodity producers that entered the program and 
        received benefits.
            ``(8) The number of agricultural commodity producers that 
        completed initial technical assistance.
            ``(9) The number of agricultural commodity producers that 
        completed intensive technical assistance.
            ``(10) The number of initial business plans approved and 
        denied by the Secretary.
            ``(11) The number of long-term business plans approved and 
        denied by the Secretary.
            ``(12) The total number of agricultural commodity producers, 
        by congressional district, receiving initial technical 
        assistance and intensive technical assistance, respectively, 
        under this chapter.

[[Page 125 STAT. 413]]

            ``(13) The types of initial technical assistance received by 
        agricultural commodity producers participating in the program.
            ``(14) The types of intensive technical assistance received 
        by agricultural commodity producers participating in the 
        program.
            ``(15) The number of agricultural commodity producers 
        leaving the program before completing the projects in their 
        long-term business plans and the reason those projects were not 
        completed.
            ``(16) The total number of agricultural commodity producers, 
        by congressional district, receiving benefits under this 
        chapter.
            ``(17) The average duration of benefits received under this 
        chapter.
            ``(18) The number of agricultural commodity producers in 
        operation as of the date of the report and the number of 
        agricultural commodity producers that ceased operations after 
        completing the program and in the 1-year period following 
        completion of the program.
            ``(19) The number of agricultural commodity producers that 
        report that such producers received benefits under a prior 
        certification issued under this chapter in any of the 10 fiscal 
        years preceding the date of the report.''.
            (2) Effective <<NOTE: 19 USC 2401b note.>>  date.--The 
        amendment made by paragraph (1) shall--
                    (A) take effect on October 1, 2011; and
                    (B) apply <<NOTE: Applicability.>> 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. <<NOTE: 19 USC 2271 note.>> APPLICABILITY OF TRADE 
                        ADJUSTMENT ASSISTANCE PROVISIONS.

    (a) Trade Adjustment Assistance for Workers.--
            (1) Petitions filed on or after february 13, 2011, and 
        before date of enactment.--
                    (A) Certifications of workers not certified before 
                date of enactment.--
                          (i) Criteria if a determination has not been 
                      made.--If, as of the date of the enactment of this 
                      Act, the Secretary of Labor has not made a 
                      determination with respect to whether to certify a 
                      group of workers as eligible to apply for 
                      adjustment assistance under section 222 of the 
                      Trade Act of 1974 pursuant to a petition described 
                      in clause (iii), the Secretary shall make that 
                      determination based on the requirements of section 
                      222 of the Trade Act of 1974, as in effect on such 
                      date of enactment.

[[Page 125 STAT. 414]]

                          (ii) Reconsideration of denials of 
                      certifications.--If, before the date of the 
                      enactment of this Act, the Secretary made a 
                      determination not to certify a group of workers as 
                      eligible to apply for adjustment assistance under 
                      section 222 of the Trade Act of 1974 pursuant to a 
                      petition described in clause (iii), the Secretary 
                      shall--
                                    (I) reconsider that determination; 
                                and
                                    (II) if the group of workers meets 
                                the requirements of section 222 of the 
                                Trade Act of 1974, as in effect on such 
                                date of enactment, certify the group of 
                                workers as eligible to apply for 
                                adjustment assistance.
                          (iii) Petition described.--A petition 
                      described in this clause is a petition for a 
                      certification of eligibility for a group of 
                      workers filed under section 221 of the Trade Act 
                      of 1974 on or after February 13, 2011, and before 
                      the date of the enactment of this Act.
                    (B) Eligibility for benefits.--
                          (i) In general.--Except <<NOTE: Effective 
                      date.>>  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 <<NOTE: Deadline.>> worker certified 
                                as eligible to apply for adjustment 
                                assistance under section 222 of the 
                                Trade Act of 1974 pursuant to a petition 
                                described in subparagraph (A)(iii) who 
                                is receiving benefits under chapter 2 of 
                                title II of the Trade Act of 1974 as of 
                                the date that is 60 days after the date 
                                of the enactment of this Act may, not 
                                later than the date that is 150 days 
                                after such date of enactment, make a 
                                one-time election to receive benefits 
                                pursuant to--
                                            (aa) the provisions of 
                                        chapter 2 of title II of the 
                                        Trade Act of 1974, as in effect 
                                        on such date of enactment; or
                                            (bb) the provisions of 
                                        chapter 2 of title II of the 
                                        Trade Act of 1974, as in effect 
                                        on February 13, 2011.
                                    (II) Effect of failure to make 
                                election.--A worker described in 
                                subclause (I) who does not make the 
                                election described in that subclause on 
                                or before the date that is 150 days 
                                after the date of the enactment of this 
                                Act shall be eligible to receive 
                                benefits only under the provisions of 
                                chapter 2 of title II of the Trade Act 
                                of 1974, as in effect on February 13, 
                                2011.
                                    (III) Computation of maximum 
                                benefits.--Benefits received by a worker 
                                described in subclause (I) under chapter 
                                2 of title II of the Trade

[[Page 125 STAT. 415]]

                                Act of 1974, as in effect on February 
                                13, 2011, before the worker makes the 
                                election described in that subclause 
                                shall be included in any determination 
                                of the maximum benefits for which the 
                                worker is eligible under the provisions 
                                of chapter 2 of title II of the Trade 
                                Act of 1974, as in effect on the date of 
                                the enactment of this Act, or as in 
                                effect on February 13, 2011, whichever 
                                is applicable after the election of the 
                                worker under subclause (I).
            (2) Petitions filed before february 13, 2011.--A worker 
        certified as eligible to apply for adjustment assistance 
        pursuant to a petition filed under section 221 of the Trade Act 
        of 1974--
                    (A) on <<NOTE: Time period.>>  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 <<NOTE: Deadline.>>  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 <<NOTE: Applicability.>> enactment.--
        Section 223(b) of the Trade Act of 1974, as in effect on the 
        date of the enactment of this Act, shall be applied and 
        administered by substituting ``before February 13, 2010'' for 
        ``more than one year before the date of the petition on which 
        such certification was granted'' for purposes of determining 
        whether a worker is eligible to apply for adjustment assistance 
        pursuant to a petition filed under section 221 of the Trade Act 
        of 1974 on or after the date of the enactment of this Act and on 
        or before the date that is 90 days after such date of enactment.

    (b) Trade Adjustment Assistance for Firms.--
            (1) Certification of firms not certified before date of 
        enactment.--
                    (A) Criteria if a determination has not been made.--
                If, as of the date of the enactment of this Act, the 
                Secretary of Commerce has not made a determination with 
                respect to whether to certify a firm as eligible to 
                apply for adjustment assistance under section 251 of the 
                Trade Act of 1974 pursuant to a petition described in 
                subparagraph (C), the Secretary shall make that 
                determination based on the requirements of section 251 
                of the Trade Act of 1974, as in effect on such date of 
                enactment.
                    (B) Reconsideration of denial of certain 
                petitions.--If, before the date of the enactment of this 
                Act, the Secretary made a determination not to certify a 
                firm as eligible to apply for adjustment assistance 
                under section 251 of the Trade Act of 1974 pursuant to a 
                petition described in subparagraph (C), the Secretary 
                shall--
                          (i) reconsider that determination; and
                          (ii) if the firm meets the requirements of 
                      section 251 of the Trade Act of 1974, as in effect 
                      on such date of enactment, certify the firm as 
                      eligible to apply for adjustment assistance.
                    (C) Petition described.--A petition described in 
                this subparagraph is a petition for a certification of 
                eligibility

[[Page 125 STAT. 416]]

                filed by a firm or its representative under section 251 
                of the Trade Act of 1974 on or after February 13, 2011, 
                and before the date of the enactment of this Act.
            (2) Certification of firms that did not submit petitions 
        between february 13, 2011, and date of enactment.--
                    (A) In general.--The <<NOTE: Deadline.>> 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 <<NOTE: Time period.>> 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. <<NOTE: 19 USC 2271 note prec.>> 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. <<NOTE: 19 USC 2271 note prec.>> SUNSET PROVISIONS.

    (a) Application of Prior Law.--Subject <<NOTE: Effective date.>>  to 
subsection (b), beginning on January 1, 2014, the provisions of chapters 
2, 3, 5, and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et 
seq.), as in effect on February 13, 2011, shall apply, except that in 
applying and administering such chapters--
            (1) paragraph (1) of section 231(c) of that Act shall be 
        applied and administered as if subparagraphs (A), (B), and (C) 
        of that paragraph were not in effect;

[[Page 125 STAT. 417]]

            (2) section 233 of that Act shall be applied and 
        administered--
                    (A) in subsection (a)--
                          (i) in paragraph (2), by substituting ``104-
                      week period'' for ``104-week period'' and all that 
                      follows through ``130-week period)''; and
                          (ii) in paragraph (3)--
                                    (I) in the matter preceding 
                                subparagraph (A), by substituting ``65'' 
                                for ``52''; and
                                    (II) by substituting ``78-week 
                                period'' for ``52-week period'' each 
                                place it appears; and
                    (B) by applying and administering subsection (g) as 
                if it read as follows:

    ``(g) Payment of Trade Readjustment Allowances to Complete 
Training.--Notwithstanding any other provision of this section, in order 
to assist an adversely affected worker to complete training approved for 
the worker under section 236 that leads to the completion of a degree or 
industry-recognized credential, payments may be made as trade 
readjustment allowances for not more than 13 weeks within such period of 
eligibility as the Secretary may prescribe to account for a break in 
training or for justifiable cause that follows the last week for which 
the worker is otherwise entitled to a trade readjustment allowance under 
this chapter if--
            ``(1) payment of the trade readjustment allowance for not 
        more than 13 weeks is necessary for the worker to complete the 
        training;
            ``(2) the worker participates in training in each such week; 
        and
            ``(3) the worker--
                    ``(A) has substantially met the performance 
                benchmarks established as part of the training approved 
                for the worker;
                    ``(B) is expected to continue to make progress 
                toward the completion of the training; and
                    ``(C) will complete the training during that period 
                of eligibility.'';
            (3) section 245 of that Act shall be applied and 
        administered by substituting ``2014'' for ``2007'';
            (4) section 246(b)(1) of that Act shall be applied and 
        administered by substituting ``December 31, 2014'' for ``the 
        date that is 5 years'' and all that follows through ``State'';
            (5) section 256(b) of that Act shall be applied and 
        administered by substituting ``the 1-year period beginning on 
        January 1, 2014'' for ``each of fiscal years 2003 through 2007, 
        and $4,000,000 for the 3-month period beginning on October 1, 
        2007'';
            (6) section 298(a) of that Act shall be applied and 
        administered by substituting ``the 1-year period beginning on 
        January 1, 2014'' for ``each of the fiscal years'' and all that 
        follows through ``October 1, 2007''; and
            (7) section 285 of that Act shall be applied and 
        administered--
                    (A) in subsection (a), by substituting ``2014'' for 
                ``2007'' each place it appears; and
                    (B) by applying and administering subsection (b) as 
                if it read as follows:

    ``(b) Other Assistance.--

[[Page 125 STAT. 418]]

            ``(1) Assistance for firms.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), assistance may not be provided under 
                chapter 3 after December 31, 2014.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                any assistance approved under chapter 3 on or before 
                December 31, 2014, may be provided--
                          ``(i) to the extent funds are available 
                      pursuant to such chapter for such purpose; and
                          ``(ii) to the extent the recipient of the 
                      assistance is otherwise eligible to receive such 
                      assistance.
            ``(2) Farmers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), assistance may not be provided under 
                chapter 6 after December 31, 2014.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                any assistance approved under chapter 6 on or before 
                December 31, 2014, may be provided--
                          ``(i) to the extent funds are available 
                      pursuant to such chapter for such purpose; and
                          ``(ii) to the extent the recipient of the 
                      assistance is otherwise eligible to receive such 
                      assistance.''.

    (b) Exceptions.--The <<NOTE: Applicability.>> 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 <<NOTE: 26 USC 35.>> 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 <<NOTE: 26 USC 
                7527.>>  is amended by striking ``65 percent (80 percent 
                in the case of eligible coverage months beginning before 
                February 13, 2011)'' and inserting ``72.5 percent''.

[[Page 125 STAT. 419]]

                    (B) Section 7527(d)(2) of such Code <<NOTE: 26 USC 
                7527.>>  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 <<NOTE: 26 USC 
                35.>>  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 <<NOTE: 29 USC 2918.>>  is amended by 
                striking ``In the case of eligible coverage months 
                beginning before February 13, 2011--''.

    (c) Effective <<NOTE: 26 USC 35 note.>>  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 <<NOTE: 26 USC 9801.>> .
            (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) <<NOTE: 42 USC 300gg, 300gg-
        3.>> of the Public Health Service Act (as in effect for plan 
        years beginning before January 1, 2014).
            (4) Section 2704(c)(2)(C) <<NOTE: 42 USC 300gg-3.>> of the 
        Public Health Service Act (as in effect for plan years beginning 
        on or after January 1, 2014).

    (b) Effective <<NOTE: 26 USC 9801 note.>>  Date.--
            (1) In general.--The amendments made by this section shall 
        apply to plan years beginning after February 12, 2011.
            (2) Transitional rules.--
                    (A) Benefit determinations.--Notwithstanding the 
                amendments made by this section (and the provisions of 
                law amended thereby), a plan shall not be required to 
                modify benefit determinations for the period beginning 
                on

[[Page 125 STAT. 420]]

                February 13, 2011, and ending 30 days after the date of 
                the enactment of this Act, but a plan shall not fail to 
                be qualified health insurance within the meaning of 
                section 35(e) of the Internal Revenue Code of 1986 
                during this period merely due to such failure to modify 
                benefit determinations.
                    (B) Guidance concerning periods before 30 days after 
                enactment.--Except as provided in subparagraph (A), the 
                Secretary of the Treasury (or his designee), in 
                consultation with the Secretary of Health and Human 
                Services and the Secretary of Labor, may issue 
                regulations or other guidance regarding the scope of the 
                application of the amendments made by this section to 
                periods before the date which is 30 days after the date 
                of the enactment of this Act.
                    (C) Special rule relating to certain loss of 
                coverage.--In the <<NOTE: Time period.>> 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 <<NOTE: 26 USC 4980B.>>  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 <<NOTE: 26 USC 4980B note.>>  Date.--The amendments 
made by this section shall apply to periods of coverage which would 
(without regard to the amendments made by this section) end on or after 
the date which is 30 days after the date of the enactment of this Act.

                           Subtitle C--Offsets

           PART I--UNEMPLOYMENT COMPENSATION PROGRAM INTEGRITY

SEC. 251. MANDATORY PENALTY ASSESSMENT ON FRAUD CLAIMS.

    (a) In General.--Section 303(a) of the Social Security Act (42 
U.S.C. 503(a)) is amended--
            (1) in paragraph (10), by striking the period at the end of 
        subparagraph (B) and inserting ``; and''; and

[[Page 125 STAT. 421]]

            (2) by adding at the end the following new paragraph:
            ``(11)(A) At the time the State agency determines an 
        erroneous payment from its unemployment fund was made to an 
        individual due to fraud committed by such individual, the 
        assessment of a penalty on the individual in an amount of not 
        less than 15 percent of the amount of the erroneous payment; and
            ``(B) The immediate deposit of all assessments paid pursuant 
        to subparagraph (A) into the unemployment fund of the State.''.

    (b) Application <<NOTE: 42 USC 503 note.>>  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 <<NOTE: 42 USC 503 note.>>  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 <<NOTE: 26 USC 3303.>>  is amended--
            (1) by striking subsections (f) and (g); and

[[Page 125 STAT. 422]]

            (2) by inserting after subsection (e) the following new 
        subsection:

    ``(f) Prohibition on Noncharging Due to Employer Fault.--
            ``(1) In general.--A State law shall be treated as meeting 
        the requirements of subsection (a)(1) only if such law provides 
        that an employer's account shall not be relieved of charges 
        relating to a payment from the State unemployment fund if the 
        State agency determines that--
                    ``(A) the payment was made because the employer, or 
                an agent of the employer, was at fault for failing to 
                respond timely or adequately to the request of the 
                agency for information relating to the claim for 
                compensation; and
                    ``(B) the employer or agent has established a 
                pattern of failing to respond timely or adequately to 
                such requests.
            ``(2) State authority to impose stricter standards.--Nothing 
        in paragraph (1) shall limit the authority of a State to provide 
        that an employer's account not be relieved of charges relating 
        to a payment from the State unemployment fund for reasons other 
        than the reasons described in subparagraphs (A) and (B) of such 
        paragraph, such as after the first instance of a failure to 
        respond timely or adequately to requests described in paragraph 
        (1)(A).''.

    (b) Effective <<NOTE: 26 USC 3303 note.>>  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 <<NOTE: 42 USC 653a note.>>  Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall take effect 6 months after the date 
        of the enactment of this Act.
            (2) Compliance transition period.--If the Secretary of 
        Health and Human Services determines that State legislation 
        (other than legislation appropriating funds) is required in 
        order for a State plan under part D of title IV of the Social 
        Security Act to meet the additional requirement imposed by the 
        amendment made by subsection (a), the plan shall not be regarded 
        as failing to meet such requirement before the first day of the 
        second calendar quarter beginning after the close of the first 
        regular session of the State legislature that begins after

[[Page 125 STAT. 423]]

        the effective date of such amendment. If the State has a 2-year 
        legislative session, each year of the session is deemed to be a 
        separate regular session of the State legislature.

                       PART II--ADDITIONAL OFFSETS

SEC. 261. IMPROVEMENTS TO CONTRACTS WITH MEDICARE QUALITY 
                        IMPROVEMENT ORGANIZATIONS (QIOS) IN ORDER 
                        TO IMPROVE THE QUALITY OF CARE FURNISHED 
                        TO MEDICARE BENEFICIARIES.

    (a) Authority to Contract With a Broad Range of Entities.--
            (1) Definition.--Section 1152 of the Social Security Act (42 
        U.S.C. 1320c-1) is amended by striking paragraphs (1) and (2) 
        and inserting the following new paragraphs:
            ``(1) is able, as determined by the Secretary, to perform 
        its functions under this part in a manner consistent with the 
        efficient and effective administration of this part and title 
        XVIII;
            ``(2) has at least one individual who is a representative of 
        health care providers on its governing body; and''.
            (2) Name change.--Part B of title XI of the Social Security 
        Act (42 U.S.C. 1320c et seq.) is amended--
                    (A) in the headings for sections 1152 and 
                1153, <<NOTE: 42 USC 1320c-1, 1320c-2.>> by striking 
                ``utilization and quality control peer review'' and 
                inserting ``quality improvement'';
                    (B) in the heading for section 1154, <<NOTE: 42 USC 
                1320c-3.>> by striking ``peer review'' and inserting 
                ``quality improvement''; and
                    (C) by <<NOTE: 42 USC 1320c-1320c-7, 1320c-9, 1320c-
                10.>> 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 <<NOTE: 42 USC 1395y, 1395cc, 1395dd, 1395ff, 
                1395mm, 1395pp, 1395ww.>> striking ``utilization and 
                quality control peer review'' and inserting ``quality 
                improvement'' each place it appears;
                    (B) by <<NOTE: 42 USC 1395g, 1395k, 1395x, 
                1395pp.>> striking ``quality control and peer review'' 
                and inserting ``quality improvement'' each place it 
                appears;
                    (C) in paragraphs (1)(A)(iii)(I) and (2) 
                of <<NOTE: 42 USC 1395u.>> section 1842(l), by striking 
                ``peer review organization'' and inserting ``quality 
                improvement organization'';
                    (D) in subparagraphs (A) and (B) of 
                section <<NOTE: 42 USC 1395cc.>>  1866(a)(3), by 
                striking ``peer review'' and inserting ``quality 
                improvement'';
                    (E) in section 1867(d)(3), <<NOTE: 42 USC 
                1395dd.>> in the heading, by striking ``peer review'' 
                and inserting ``quality improvement''; and
                    (F) in section 1869(c)(3)(G), <<NOTE: 42 USC 
                1395ff.>> by striking ``peer review organizations'' and 
                inserting ``quality improvement organizations''.

    (b) Improvements With Respect to the Contract.--
            (1) Flexibility with respect to the geographic scope of 
        contracts.--Section 1153 of the Social Security Act (42 U.S.C. 
        1320c-2) is amended--
                    (A) by striking subsection (a) and inserting the 
                following new subsection:

[[Page 125 STAT. 424]]

    ``(a) The Secretary shall establish throughout the United States 
such local, State, regional, national, or other geographic areas as the 
Secretary determines appropriate with respect to which contracts under 
this part will be made.'';
                    (B) in subsection (b)(1), as amended by subsection 
                (a)(2)--
                          (i) in the first sentence, by striking ``a 
                      contract with a quality improvement organization'' 
                      and inserting ``contracts with one or more quality 
                      improvement organizations''; and
                          (ii) in the second sentence, by striking 
                      ``meets the requirements'' and all that follows 
                      before the period at the end and inserting ``will 
                      be operating in an area, the Secretary shall 
                      ensure that there is no duplication of the 
                      functions carried out by such organizations within 
                      the area'';
                    (C) in subsection (b)(2)(B), by inserting ``or the 
                Secretary determines that there is a more qualified 
                entity to perform one or more of the functions in 
                section 1154(a)'' after ``under this part'';
                    (D) in subsection (b)(3)--
                          (i) in subparagraph (A), by striking ``, or 
                      association of such facilities,''; and
                          (ii) in subparagraph (B)--
                                    (I) by striking ``or association of 
                                such facilities''; and
                                    (II) by striking ``or 
                                associations''; and
                    (E) by striking subsection (i).
            (2) Extension of length of contracts.--Section 1153(c)(3) of 
        the Social Security Act (42 U.S.C. 1320c-2(c)(3)) is amended--
                    (A) by striking ``three years'' and inserting ``five 
                years''; and
                    (B) by striking ``on a triennial basis'' and 
                inserting ``for terms of five years''.
            (3) Authority to terminate in a manner consistent with the 
        federal acquisition regulation.--Section 1153 of the Social 
        Security Act (42 U.S.C. 1320c-2) is amended--
                    (A) in subsection (b), by adding at the end the 
                following new paragraph:

    ``(4) The Secretary may consider a variety of factors in selecting 
the contractors that the Secretary determines would provide for the most 
efficient and effective administration of this part, such as geographic 
location, size, and prior experience in health care quality improvement. 
Quality improvement organizations operating as of January 1, 2012, shall 
be allowed to compete for new contracts (as determined appropriate by 
the Secretary) along with other qualified organizations and are eligible 
for renewal of contracts for terms five years thereafter (as determined 
appropriate by the Secretary).'';
                    (B) in subsection (c), by striking paragraphs (4) 
                through (6) and redesignating paragraphs (7) and (8) as 
                paragraphs (4) and (5), respectively; and
                    (C) by striking subsection (d).
            (4) Administrative improvement.--Section 1153(c)(5) of the 
        Social Security Act (42 U.S.C. 1320c-2(c)(5)), as redesignated 
        by this subsection, is amended to read as follows:

[[Page 125 STAT. 425]]

            ``(5) reimbursement shall be made to the organization on a 
        monthly basis, with payments for any month being made consistent 
        with the Federal Acquisition Regulation.''.

    (c) Authority for Quality Improvement Organizations To Perform 
Specialized Functions and to Eliminate Conflicts of Interest.--Part B of 
title XI of the Social Security Act (42 U.S.C. 1320c et seq.) is 
amended--
            (1) in <<NOTE: 42 USC 1320c-2.>> 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 <<NOTE: 42 USC 1320c-3.>> section 1154--
                    (A) in subsection (a)--
                          (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``Any'' and 
                                inserting ``Subject to subsection (b), 
                                any''; and
                                    (II) by inserting ``one or more of'' 
                                before ``the following functions'';
                          (ii) in paragraph (4), by striking 
                      subparagraph (C);
                          (iii) by inserting after paragraph (11) the 
                      following new paragraph:
            ``(12) As part of the organization's review responsibility 
        under paragraph (1), the organization shall review all 
        ambulatory surgical procedures specified pursuant to section 
        1833(i)(1)(A) which are performed in the area, or, at the 
        discretion of the Secretary, a sample of such procedures.''; and
                          (iv) in paragraph (15), by striking 
                      ``significant on-site review activities'' and all 
                      that follows before the period at the end and 
                      inserting ``on-site review activities as the 
                      Secretary determines appropriate''.
                    (B) by striking subsection (d) and redesignating 
                subsections (b) and (c) as subsections (c) and (d), 
                respectively; and
                    (C) by inserting after subsection (a) the following 
                new subsection:

    ``(b) A quality improvement organization entering into a contract 
with the Secretary to perform a function described in a paragraph under 
subsection (a) must perform all of the activities described in such 
paragraph, except to the extent otherwise negotiated with the Secretary 
pursuant to the contract or except for a function for which the 
Secretary determines it is not appropriate for the organization to 
perform, such as a function that could cause a conflict of interest with 
another function.''.
    (d) Quality Improvement as Specified Function.--Section 1154(a) of 
the Social Security Act (42 U.S.C. 1320c-3(a)) is amended by adding at 
the end the following new paragraph:

[[Page 125 STAT. 426]]

            ``(18) The organization shall perform, subject to the terms 
        of the contract, such other activities as the Secretary 
        determines may be necessary for the purposes of improving the 
        quality of care furnished to individuals with respect to items 
        and services for which payment may be made under title XVIII.''.

    (e) Effective <<NOTE: 42 USC 1320c note.>>  Date.--The amendments 
made by this section shall apply to contracts entered into or renewed on 
or after January 1, 2012.
SEC. 262. <<NOTE: 19 USC 58c note.>> 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. <<NOTE: Deadlines. 19 USC 58c note.>> TIME FOR REMITTING 
                        CERTAIN MERCHANDISE PROCESSING FEES.

    (a) In General.--Notwithstanding any other provision of law, any 
fees authorized under paragraphs (9) and (10) of section 13031(a) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a) 
(9) and (10)) with respect to processing merchandise entered on or after 
October 1, 2012, and before November 12, 2012, shall be paid not later 
than September 25, 2012, in an amount equivalent to the amount of such 
fees paid by the person responsible for such fees with respect to 
merchandise entered on or after October 1, 2011, and before November 12, 
2011, as determined by the Secretary of the Treasury.
    (b) Reconciliation of Merchandise Processing Fees.--
            (1) In general.--Not later than December 12, 2012, the 
        Secretary of the Treasury shall reconcile the fees paid pursuant 
        to subsection (a) with the fees for services actually provided 
        on or after October 1, 2012, and before November 12, 2012.
            (2) Refunds of overpayments.--
                    (A) After making the reconciliation required under 
                paragraph (1), the Secretary of the Treasury shall 
                refund with interest any overpayment of such fees made 
                under subsection (a) and make proper adjustments with 
                respect to any underpayment of such fees.
                    (B) No interest may be assessed with respect to any 
                such underpayment that was based on the amount of fees

[[Page 125 STAT. 427]]

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

    Approved October 21, 2011.

LEGISLATIVE HISTORY--H.R. 2832:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 157 (2011):
            Sept. 7, considered and passed House.
            Sept. 20-22, considered and passed Senate, amended.
            Oct. 12, House concurred in Senate amendment.

                                  <all>
```