[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6517 Enrolled Bill (ENR)]

        H.R.6517

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
   To extend trade adjustment assistance and certain trade preference 
 programs, to amend the Harmonized Tariff Schedule of the United States 
  to modify temporarily certain rates of duty, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Omnibus Trade Act 
of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

 TITLE I--EXTENSION OF TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE 
                               IMPROVEMENT

          Subtitle A--Extension of Trade Adjustment Assistance

Sec. 101. Extension of trade adjustment assistance.
Sec. 102. Merit staffing for State administration of trade adjustment 
          assistance.

                 Subtitle B--Health Coverage Improvement

Sec. 111. Improvement of the affordability of the credit.
Sec. 112. Payment for the monthly premiums paid prior to commencement of 
          the advance payments of credit.
Sec. 113. TAA recipients not enrolled in training programs eligible for 
          credit.
Sec. 114. TAA pre-certification period rule for purposes of determining 
          whether there is a 63-day lapse in creditable coverage.
Sec. 115. Continued qualification of family members after certain 
          events.
Sec. 116. Extension of COBRA benefits for certain TAA-eligible 
          individuals and PBGC recipients.
Sec. 117. Addition of coverage through voluntary employees' beneficiary 
          associations.
Sec. 118. Notice requirements.

                 TITLE II--ANDEAN TRADE PREFERENCES ACT

Sec. 201. Extension of Andean Trade Preference Act.

                           TITLE III--OFFSETS

Sec. 301. Customs user fees.
Sec. 302. Time for payment of corporate estimated taxes.

                       TITLE IV--BUDGETARY EFFECTS

Sec. 401. Compliance with PAYGO.

 TITLE I--EXTENSION OF TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE 
                              IMPROVEMENT
          Subtitle A--Extension of Trade Adjustment Assistance

    SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE.
    (a) In General.--Section 1893(a) of the Trade and Globalization 
Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat. 422) is 
amended by striking ``January 1, 2011'' each place it appears and 
inserting ``Febrary 13, 2011''.
    (b) Application of Prior Law.--Section 1893(b) of the Trade and 
Globalization Adjustment Assistance Act of 2009 (Public Law 111-5; 123 
Stat. 422 (19 U.S.C. 2271 note prec.)) is amended to read as follows:
    ``(b) Application of Prior Law.--Chapters 2, 3, 4, 5, and 6 of 
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall be 
applied and administered beginning February 13, 2011, as if the 
amendments made by this subtitle (other than part VI) had never been 
enacted, except that in applying and administering such chapters--
        ``(1) section 245 of that Act shall be applied and administered 
    by substituting `February 12, 2012' for `December 31, 2007';
        ``(2) section 246(b)(1) of that Act shall be applied and 
    administered by substituting `February 12, 2012' for `the date that 
    is 5 years' and all that follows through `State';
        ``(3) section 256(b) of that Act shall be applied and 
    administered by substituting `the 1-year period beginning February 
    13, 2011, and ending February 12, 2012,' for `each of fiscal years 
    2003 through 2007, and $4,000,000 for the 3-month period beginning 
    on October 1, 2007,';
        ``(4) section 298(a) of that Act shall be applied and 
    administered by substituting `the 1-year period beginning February 
    13, 2011, and ending February 12, 2012,' for `each of the fiscal 
    years' and all that follows through `October 1, 2007'; and
        ``(5) subject to subsection (a)(2), section 285 of that Act 
    shall be applied and administered--
            ``(A) in subsection (a), by substituting `February 12, 
        2011' for `December 31, 2007' each place it appears; and
            ``(B) by applying and administering subsection (b) as if it 
        read as follows:
    ```(b) Other Assistance.--
        ```(1) Assistance for firms.--
            ```(A) In general.--Except as provided in subparagraph (B), 
        assistance may not be provided under chapter 3 after February 
        12, 2012.
            ```(B) Exception.--Notwithstanding subparagraph (A), any 
        assistance approved under chapter 3 on or before February 12, 
        2012, 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 February 
        12, 2012.
            ```(B) Exception.--Notwithstanding subparagraph (A), any 
        assistance approved under chapter 6 on or before February 12, 
        2012, 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.'.''.
    (c) Conforming Amendments.--
        (1) Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 
    2296(a)(2)(A)) is amended to read as follows:
    ``(2)(A) The total amount of payments that may be made under 
paragraph (1) shall not exceed--
        ``(i) $575,000,000 for fiscal year 2010; and
        ``(ii) $66,500,000 for the 6-week period beginning January 1, 
    2011, and ending February 12, 2011.''.
        (2) Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) 
    is amended by striking ``December 31, 2010'' and inserting 
    ``February 12, 2011''.
        (3) Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 
    2318(b)(1)) is amended by striking ``December 31, 2010'' and 
    inserting ``February 12, 2011''.
        (4) Section 255(a) of the Trade Act of 1974 (19 U.S.C. 2345(a)) 
    is amended--
            (A) in the first sentence to read as follows: ``There are 
        authorized to be appropriated to the Secretary to carry out the 
        provisions of this chapter $50,000,000 for fiscal year 2010 and 
        $5,800,000 for the 6-week period beginning January 1, 2011, and 
        ending February 12, 2011.''; and
            (B) in paragraph (1), by striking ``December 31, 2010'' and 
        inserting ``February 12, 2011''.
        (5) Section 275(f) of the Trade Act of 1974 (19 U.S.C. 
    2371d(f)) is amended by striking ``2011'' and inserting ``and 
    annually thereafter''.
        (6) Section 276(c)(2) of the Trade Act of 1974 (19 U.S.C. 
    2371e(c)(2)) is amended to read as follows:
        ``(2) Funds to be used.--Of the funds appropriated pursuant to 
    section 277(c), the Secretary may make available, to provide grants 
    to eligible communities under paragraph (1), not more than--
            ``(A) $25,000,000 for fiscal year 2010; and
            ``(B) $2,900,000 for the 6-week period beginning January 1, 
        2011, and ending February 12, 2011.''.
        (7) Section 277(c) of the Trade Act of 1974 (19 U.S.C. 
    2371f(c)) is amended--
            (A) by amending paragraph (1) to read as follows:
        ``(1) In general.--There are authorized to be appropriated to 
    the Secretary to carry out this subchapter--
            ``(A) $150,000,000 for fiscal year 2010; and
            ``(B) $17,3000 for the 6-week period beginning January 1, 
        2011 and ending February 12, 2011.''; and
            (B) in paragraph (2)(A), by striking ``December 31, 2010'' 
        and inserting ``February 12, 2011''.
        (8) Section 278(e) of the Trade Act of 1974 (19 U.S.C. 2372(e)) 
    is amended by striking ``2011'' and inserting ``and annually 
    thereafter''.
        (9) Section 279A(h)(2) of the Trade Act of 1974 (19 U.S.C. 
    2373(h)(2)) is amended by striking ``2011'' and inserting ``and 
    annually thereafter''.
        (10) Section 279B(a) of the Trade Act of 1974 (19 U.S.C. 
    2373a(a)) is amended to read as follows:
    ``(a) In General.--
        ``(1) Authorization.--There are authorized to be appropriated 
    to the Secretary of Labor to carry out the Sector Partnership Grant 
    program under section 279A--
            ``(A) $40,000,000 for fiscal year 2010; and
            ``(B) $4,600,000 for the 6-week period beginning January 1, 
        2011, and ending February 12, 2011.
        ``(2) Availability of appropriations.--Funds appropriated 
    pursuant to this section shall remain available until expended.''.
        (11) Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) 
    is amended--
            (A) by striking ``December 31, 2010'' each place it appears 
        and inserting ``February 12, 2011''; and
            (B) in subsection (a)(2)(A), by inserting ``pursuant to 
        petitions filed under section 221 before February 12, 2011'' 
        after ``title''.
        (12) Section 298(a) of the Trade Act of 1974 (19 U.S.C. 
    2401g(a)) is amended by striking ``$90,000,000 for each of the 
    fiscal years 2009 and 2010, and $22,500,000 for the period 
    beginning October 1, 2010, and ending December 31, 2010'' and 
    inserting ``$10,400,000 for the 6-week period beginning January 1, 
    2011, and ending February 12, 2011''.
        (13) The table of contents for the Trade Act of 1974 is amended 
    by striking the item relating to section 235 and inserting the 
    following:

``Sec. 235. Employment and case management services.''.

    (d) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2011.
    SEC. 102. MERIT STAFFING FOR STATE ADMINISTRATION OF TRADE 
      ADJUSTMENT ASSISTANCE.
    (a) In General.--Notwithstanding section 618.890(b) of title 20, 
Code of Federal Regulations, or any other provision of law, the single 
transition deadline for implementing the merit-based State personnel 
staffing requirements contained in section 618.890(a) of title 20, Code 
of Federal Regulations, shall not be earlier than February 12, 2011.
    (b) Effective Date.--This section shall take effect on December 14, 
2010.

                Subtitle B--Health Coverage Improvement

    SEC. 111. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.
    (a) In General.--Section 35(a) of the Internal Revenue Code of 1986 
is amended by striking ``January 1, 2011'' and inserting ``February 13, 
2011''.
    (b) Conforming Amendment.--Section 7527(b) of such Code is amended 
by striking ``January 1, 2011'' and inserting ``February 13, 2011''.
    (c) Effective Date.--The amendments made by this section shall 
apply to coverage months beginning after December 31, 2010.
    SEC. 112. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO 
      COMMENCEMENT OF THE ADVANCE PAYMENTS OF CREDIT.
    (a) In General.--Section 7527(e) of the Internal Revenue Code of 
1986 is amended by striking ``January 1, 2011'' and inserting 
``February 13, 2011''.
    (b) Effective Date.--The amendment made by this section shall apply 
to coverage months beginning after December 31, 2010.
    SEC. 113. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE 
      FOR CREDIT.
    (a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code 
of 1986 is amended by striking ``January 1, 2011'' and inserting 
``February 13, 2011''.
    (b) Effective Date.--The amendment made by this section shall apply 
to coverage months beginning after December 31, 2010.
    SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF 
      DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE 
      COVERAGE.
    (a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue 
Code of 1986 is amended by striking ``January 1, 2011'' and inserting 
``February 13, 2011''.
    (b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is 
amended by striking ``January 1, 2011'' and inserting ``February 13, 
2011''.
    (c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health 
Service Act (as in effect for plan years beginning before January 1, 
2014) is amended by striking ``January 1, 2011'' and inserting 
``February 13, 2011''.
    (d) Effective Date.--The amendments made by this section shall 
apply to plan years beginning after December 31, 2010.
    SEC. 115. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN 
      EVENTS.
    (a) In General.--Section 35(g)(9) of the Internal Revenue Code of 
1986, 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 ``January 
1, 2011'' and inserting ``February 13, 2011''.
    (b) Conforming Amendment.--Section 173(f)(8) of the Workforce 
Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking 
``January 1, 2011'' and inserting ``February 13, 2011''.
    (c) Effective Date.--The amendments made by this section shall 
apply to months beginning after December 31, 2010.
    SEC. 116. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE 
      INDIVIDUALS AND PBGC RECIPIENTS.
    (a) ERISA Amendments.--
        (1) PBGC recipients.--Section 602(2)(A)(v) of the Employee 
    Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is 
    amended by striking ``December 31, 2010'' and inserting ``February 
    12, 2011''.
        (2) TAA-eligible individuals.--Section 602(2)(A)(vi) of such 
    Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking ``December 
    31, 2010'' and inserting ``February 12, 2011''.
    (b) IRC Amendments.--
        (1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the 
    Internal Revenue Code of 1986 is amended by striking ``December 31, 
    2010'' and inserting ``February 12, 2011''.
        (2) TAA-eligible individuals.--Section 4980B(f)(2)(B)(i)(VI) of 
    such Code is amended by striking ``December 31, 2010'' and 
    inserting ``February 12, 2011''.
    (c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health 
Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking 
``December 31, 2010'' and inserting ``February 12, 2011''.
    (d) Effective Date.--The amendments made by this section shall 
apply to periods of coverage which would (without regard to the 
amendments made by this section) end on or after December 31, 2010.
    SEC. 117. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' 
      BENEFICIARY ASSOCIATIONS.
    (a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code 
of 1986 is amended by striking ``January 1, 2011'' and inserting 
``February 13, 2012''.
    (b) Effective Date.--The amendment made by this section shall apply 
to coverage months beginning after December 31, 2010.
    SEC. 118. NOTICE REQUIREMENTS.
    (a) In General.--Section 7527(d)(2) of the Internal Revenue Code of 
1986 is amended by striking ``January 1, 2011'' and inserting 
``February 13, 2011''.
    (b) Effective Date.--The amendment made by this section shall apply 
to certificates issued after December 31, 2010.

                 TITLE II--ANDEAN TRADE PREFERENCES ACT

    SEC. 201. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.
    (a) Extension.--Section 208(a)(1) of the Andean Trade Preference 
Act (19 U.S.C. 3206(a)(1)) is amended to read as follows:
        ``(1) remain in effect--
            ``(A) with respect to Colombia after February 12, 2011; and
            ``(B) with respect to Peru after December 31, 2010;''.
    (b) Ecuador.--Section 208(a)(2) of the Andean Trade Preference Act 
(19 U.S.C. 3206(a)(2)) is amended by striking ``December 31, 2010'' and 
inserting ``February 12, 2011''.
    (c) Treatment of Certain Apparel Articles.--Section 
204(b)(3)(E)(ii)(II) of the Andean Trade Preference Act (19 U.S.C. 
3203(b)(3)) is amended (ii)(II), by striking ``December 31, 2010'' and 
inserting ``February 12, 2011''.
    (d) Annual Report.--Section 203(f)(1) of the Andean Trade 
Preference Act (19 U.S.C. 3202(f)(1)) is amended by striking ``every 2 
years'' and inserting ``annually''.

                           TITLE III--OFFSETS

    SEC. 301. CUSTOMS USER FEES.
    Section 13031(j)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
        (1) in subparagraph (A), by striking ``September 30, 2019'' and 
    inserting ``January 7, 2020''; and
        (2) in subparagraph (B)(i), by striking ``September 30, 2019'' 
    and inserting ``January 14, 2020''.
    SEC. 302. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
    The percentage under paragraph (2) of section 561 of the Hiring 
Incentives to Restore Employment Act in effect on the date of the 
enactment of this Act is increased by 4.5 percentage points.

                      TITLE IV--BUDGETARY EFFECTS

    SEC. 401. COMPLIANCE WITH PAYGO.
    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.