[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[House]
[Pages 23611-23612]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       OMNIBUS TRADE ACT OF 2010

  Mr. McDERMOTT. Madam Speaker, I ask unanimous consent to take from 
the Speaker's table the bill (H.R. 6517) 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, with the Senate 
amendment thereto, and concur in the Senate amendment.
       The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:

       Senate amendment:
       Strike all after the enacting clause and insert the. 
     following:

     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 ap- plied 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 sub- paragraph (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 pro- vided under chapter 6 after 
     February 12, 2012.
       ```(B) Exception.--Notwithstanding sub- paragraph (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

[[Page 23612]]

     ``$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:
``See. 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)) 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)(H) 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.

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________