H.R. 2832 (112th): Trade Adjustment Assistance Extension Act of 2011

Introduced:
Sep 02, 2011 (112th Congress, 2011–2013)
Sponsor:
Rep. Dave Camp [R-MI4]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 112-40.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

(About Ads | Go Ad-Free for $5)
Status

This bill was enacted after being signed by the President on October 21, 2011.

Progress
Introduced Sep 02, 2011
Referred to Committee Sep 06, 2011
Passed House Sep 07, 2011
Passed Senate with Changes Sep 22, 2011
Passed Senate Oct 12, 2011
Signed by the President Oct 21, 2011
Votes

On the Cloture Motion H.R. 2832
Sep 19, 2011 5:31 p.m.
Cloture Motion Agreed to 84/8

On the Amendment S.Amdt. 626 to S.Amdt. 633 to H.R. 2832 (No short title on file)
Sep 20, 2011 5:49 p.m.
Amendment Rejected 45/55

On the Amendment S.Amdt. 641 to S.Amdt. 633 to H.R. 2832 (No short title on file)
Sep 21, 2011 12:33 p.m.
Amendment Rejected 44/54

On the Amendment S.Amdt. 625 to S.Amdt. 633 to H.R. 2832 (No short title on file)
Sep 21, 2011 1:06 p.m.
Amendment Rejected 46/53

On the Amendment S.Amdt. 642 to S.Amdt. 633 to H.R. 2832 (No short title on file)
Sep 21, 2011 5:05 p.m.
Amendment Rejected 40/57

On the Amendment S.Amdt. 645 to S.Amdt. 633 to H.R. 2832 (No short title on file)
Sep 21, 2011 5:31 p.m.
Amendment Rejected 43/54

On the Amendment S.Amdt. 651 to S.Amdt. 633 to H.R. 2832 (Trade Adjustment Assistance Extension Act of 2011)
Sep 22, 2011 4:34 p.m.
Amendment Rejected 34/62

On the Amendment S.Amdt. 650 to H.R. 2832 (Trade Adjustment Assistance Extension Act of 2011)
Sep 22, 2011 5:02 p.m.
Amendment Rejected 44/52

On the Amendment S.Amdt. 634 to H.R. 2832 (Trade Adjustment Assistance Extension Act of 2011)
Sep 22, 2011 5:33 p.m.
Amendment Rejected 48/48

On the Amendment S.Amdt. 633 to H.R. 2832 (Trade Adjustment Assistance Extension Act of 2011)
Sep 22, 2011 5:53 p.m.
Amendment Agreed to 69/28

Senate Vote on Passage
Sep 22, 2011 6:26 p.m.
Bill Passed 70/27

House Vote on Passage
Oct 12, 2011 6:27 p.m.
Passed 307/122

Cosponsors
3 cosponsors (2D, 1R) (show)
Committees

House Ways and Means

The committee chair determines whether a bill will move past the committee stage.

Full Title

To extend the Generalized System of Preferences, and for other purposes.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Jan 01, 2012.
27 pages

Primary Source

View on THOMAS (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here.

Citation

Click a format for a citation suggestion:

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/21/2011--Public Law. (This measure has not been amended since it was passed by Senate on September 22, 2011. The summary of that version is repeated here.)
Section 1 -
Amends the Trade Act of 1974 to extend duty-free treatment under the Generalized System of Preferences (GSP) through July 31, 2013. Requires the liquidation or reliquidation (refund of duties) on duty-free articles that entered into the United States after December 31, 2010, and before the 15th day after enactment of this Act.
Section 2 -
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to increase from 0.21% ad valorem to 0.3464% ad valorem, for the period between October 1, 2011, and July 1, 2014, the customs user fee for the processing of merchandise entered or released into the United States.
Title II - Trade Adjustment Assistance [sic]
Trade Adjustment Assistance Extension Act of 2011 -
Subtitle A - Extension of Trade Adjustment Assistance
Part I - Application of Provisions Relating to Trade Adjustment Assistance
Section 201 -
Amends the Trade and Globalization Adjustment Assistance Act of 2009 to repeal the December 31, 2011, termination date for trade adjustment assistance (TAA) programs.
Part II - Trade Adjustment Assistance for Workers
Section 211 -
Amends the Trade Act of 1974 to repeal the eligibility for TAA of adversely affected workers in public agencies.
Section 212 -
Revises requirements for waivers from training for workers under the trade readjustment allowance (TRA) program.
Eliminates the waivers from training requirements for workers who:
(1) are recalled to work,
(2) possess marketable skills for employment, or
(3) are within two years of retirement eligibility.
Repeals the application of state unemployment insurance law to allowance of a good cause waiver of time limitations with respect to an application for TRA or enrollment in training.
Prescribes a special rule to require the Secretary of Labor to establish procedures to allow a waiver for good cause for workers who file late for TRA or enrollment in a training program.
Section 213 -
Decreases:
(1) from 130 to 104 weeks the length of TRA payments for an adversely affected worker who requires a program of prerequisite education or remedial education in order to complete approved training, and
(2) from 78 additional weeks of TRA payments in a 91-week period to 65 additional weeks of such payments in a 78-week period the length of additional time permissible to complete training.
Reduces from up to 26 additional weeks of TRA payments to complete training which includes a program of prerequisite or remedial education to up to 13 additional weeks of such payments for approved training leading to completion of a degree or industry-recognized credential the maximum additional TRA a worker may receive to account for a break in training or for justifiable cause.
Section 214 -
Prescribes cap limits for training, employment and case management services, and job search expenses and relocation expenses for FY2012 and FY2013, and for the period October 1-December 31, 2013 (first quarter of FY2014). Limits to 10% of funds available a state's use of them for TAA for workers program administration and the provision of employment and case management services.
Authorizes the Secretary to reallot to other states any funds that remain unobligated in the second or third fiscal year after the fiscal year in which they were provided.
Limits the job search allowance as well as the relocation allowance to 90% of related expenses, reducing the maximum allowance from $1,500 to $1,250.
Transfers from the Secretary to a state responsibility for reimbursement of job search expenses, and changes reimbursement from mandatory to discretionary.
Section 215 -
Revises and extends through December 31, 2013, the reemployment trade adjustment assistance (RTAA) program. Decreases from $12,000 to $10,000 the maximum payment of RTAA (or wage subsidy) to an eligible older worker.
Section 216 -
Revises core indicators of performance in mandatory data reporting, adding among other factors the percentage of workers receiving TAA benefits who obtain a recognized postsecondary schooling credential. Revises and adds to elements of data in such reporting, including the number of workers who complete approved training, as well as data on spending.
Section 217 -
Extends through December 31, 2013, the TAA program for workers.
Part III - Other Adjustment Assistance
Section 221 -
Directs the Secretary to report annually to Congress on TAA for firms. Extends for FY2012 and FY2013, and for the first quarter of FY2014, the TAA program for firms and farmers.
Section 222 -
Eliminates the TAA for communities grant program and the Industry or Sector Partnership Grant program for communities impacted by trade. Specifies additional program performance and outcome data to be included in the Secretary's annual reports on TAA Community College and Career Training Grant program and for the TAA for farmers program.
Part IV - General Provisions
Section 231 -
Requires the Secretary, if no determination has been made upon enactment of this Act of whether to certify a group of workers or firms as eligible to apply for TAA pursuant to a petition filed between February 13, 2011, and enactment of this Act, to certify such workers or firms as so eligible based on TAA program requirements in effect on the date of enactment of this Act. Requires the Secretary to:
(1) reconsider, according to the eligibility requirements of this Act, any determination not to certify workers or firms as so eligible between February 13, 2011, and the enactment of this Act; and
(2) certify them as eligible to apply for TAA. Declares that such workers or firms shall continue to be eligible for TAA under TAA program requirements in effect under the Trade Act of 1974:
(1) as of February 12, 2011, with respect to petitions filed between May 18, 2009, and February 13, 2011; or
(2) as of May 17, 2009, with respect to petitions filed before May 18, 2009.
Section 232 -
Extends: (1) the TAA program for workers through December 31, 2013; and (2) the TAA program for firms and farmers through December 31, 2014.
Section 233 -
Declares that TAA program requirements in effect as of February 13, 2011, under the Trade Act of 1974 shall apply to petitions for certification to apply for TAA for workers, firms, and farmers that are filed before January 1, 2014.
Subtitle B - Health Coverage Improvement
Section 241 -
Amends the Internal Revenue Code to extend from February 13, 2011, through calendar year 2013 the tax credit for the health insurance costs paid by TAA (as well as Pension Benefit Guaranty Corporation [PBGC] pension and Alternate TAA [ATAA] wage subsidy) recipients for coverage under qualified health insurance (including qualifying family members).
Increases the rate of such credit from 65% to 72.5% of health insurance costs for that period.
Eliminates the 80% rate for eligible coverage months beginning before February 13, 2011.
Section 242 -
Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through December 31, 2013, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers. Extends the continued eligibility for the credit for certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through December 31, 2013.
Subtitle C - Offsets
Part 1: Unemployment Compensation Program Integrity -
Section 251 -
Amends the Social Security Act (SSA) to prohibit the Secretary from certifying a state for grants for unemployment compensation unless such state has a law that provides for assessment of a penalty for fraudulent claims made by an individual for unemployment compensation.
Section 252 -
Amends the Internal Revenue Code to treat a state law as meeting requirements with respect to the allowance of an additional federal unemployment tax credit to a taxpayer (employer) for its contributions to the state unemployment compensation fund only if the law provides that an employer's unemployment compensation account shall not be relieved of charges relating to a payment from the state unemployment fund if:
(1) that payment was made because the employer (or agent) was at fault for failing to respond timely to a state agency request for information regarding an unemployment compensation claim, and
(2) the employer or agent has established a pattern of failing to respond timely or adequately to such requests.
Section 253 -
Amends the SSA to require each employer to report to a State Directory of New Hires certain information on employees the employer has rehired after at least a 60-day separation.
Part II - Additional Offsets
Section 261 -
Amends the SSA to:
(1) rename a utilization and quality control peer review organization a quality improvement organization (QIO), and
(2) revise requirements for contracts with Medicare QIOs with respect to the quality of care furnished to beneficiaries under SSA title XVIII (Medicare). Requires the Secretary to establish throughout the United States local, state, regional, national, or other geographic areas with respect to QIO contracts.
Extends the term of QIO contracts from three years to five years.
Authorizes the Secretary to consider a variety of factors in selecting QIO contractors that would provide for the most efficient and effective administration, such as geographic location, size, and prior experience in health care quality improvement.
Repeals the requirement that the Secretary provide a QIO with an opportunity to provide performance information before terminating a QIO contract.
Requires a QIO to review all ambulatory surgical procedures performed in an area, or, at the Secretary's discretion, a sample of such procedures.
Requires a QIO contracting with the Secretary to perform a certain function to perform all specified activities, 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.
Requires a QIO to perform any activities the Secretary determines necessary for improving the quality of care furnished Medicare beneficiaries.
Section 262 -
Amends COBRA to increase from 0.21% ad valorem to 0.3464% ad valorem, for the period between July 1, 2014, and November 30, 2015, and reduce from 0.21% ad valorem to 0.1740% ad valorem, for the period between October 1, 2016, and September 30, 2019, the customs user fee (merchandise processing fee) for the processing of merchandise entered or released into the United States.
Section 263 -
Requires any fees for processing merchandise entered between October 1 and November 12, 2012, to be paid no later than September 25, 2012, in an amount equivalent to the amount of such fees paid with respect to merchandise entered between October 1 and November 12, 2011.
Requires the Secretary of the Treasury to refund with interest any overpayment of such fees.
Prohibits any assessment of interest for any underpayments based on the amount of fees paid for merchandise entered between October 1 and November 12, 2012.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/112/1/hr2832.

Background

The Generalized System of Preferences (GSP) is the largest U.S. trade preference program and provides duty-free trade preferences to thousands of products imported from approximately 130 countries.  The GSP provides duty-free access to U.S. markets for developing countries and extends duty-free treatment to several thousand products imported into the U.S. from more than two-thirds of the world's countries.  Under the basic GSP structure, beneficiary countries are eligible to export approximately 3,400 types of products duty-free to the U.S.  The GSP program also provides additional benefits to the 42 GSP countries that are designated “least developed” under the program. These countries may export an additional 1,400 types of products.

Specific rules of the program place restrictions on the countries that can and cannot receive duty-free treatment under GSP.  First, a GSP beneficiary nation must be a developing country, which excludes developed countries like Britain, France or Canada as well as any country with a per capita income that meets the World Bank’s definition of “high income.”  In addition, the preference necessarily excludes countries with which the U.S. already has a free trade agreement in effect, such as Mexico and Chile.  Countries may also lose GSP benefits if they violate certain conditions such as being placed on the U.S. State Department's list of countries that support terrorism and failing to respect U.S. intellectual property laws.

Many U.S. companies source raw materials and other products from GSP countries, and the duty-free treatment of these imports reduces the production costs of these U.S. manufacturers, making them more competitive.  As a result of the expiration of the GSP, many U.S. companies face effective tariffs on goods and products imported from nations subject to the GSP.  According to the Coalition for GSP, a Washington, DC-based group of U.S. businesses, trade associations, and consumer organizations that seeks the renewal of the GSP program, Customs and Border Protection began collecting duties on imports from GSP countries in January 2011 and will continue to do so until Congress approves legislation renewing GSP.  The Coalition for GSP estimates that the average cost of tariffs paid by U.S. companies while the GSP has been lapsed is “close to $2 million per day.”

Summary

H.R. 2832 would extend the Generalized System of Preferences (GSP), which expired on December 31, 2010, through July 31, 2013. The bill would apply retroactively to the previous expiration date.  To offset the estimated cost of lost tariffs associated with extending the GSP benefits, H.R. 2832 would increase certain merchandise processing fees between October 1, 2011, and June 30, 2014.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 123 Stat. 422

Other Citations

  • 5 U.S.C. Chapter 85