[111th Congress Public Law 344]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 3611]]

Public Law 111-344
111th Congress

                                 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. <<NOTE: Dec. 29, 2010 -  [H.R. 6517]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Omnibus Trade 
Act of 2010.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 19 USC 2101 note.>>  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.

[[Page 124 STAT. 3612]]

 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) <<NOTE: 19 USC 2271 note prec.>>  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, <<NOTE: Effective 
date.>>  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

[[Page 124 STAT. 3613]]

                          `` `(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

[[Page 124 STAT. 3614]]

                    (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 <<NOTE: 19 USC 2271 note prec.>>  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) <<NOTE: 19 USC 2271 note prec.>>  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) <<NOTE: Deadline.>>  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 <<NOTE: 26 USC 35.>>  is amended by striking ``January 1, 2011'' 
and inserting ``February 13, 2011''.

[[Page 124 STAT. 3615]]

    (b) Conforming Amendment.--Section 7527(b) of such Code is 
amended <<NOTE: 26 USC 7527.>>  by striking ``January 1, 2011'' and 
inserting ``February 13, 2011''.

    (c) <<NOTE: 26 USC 35 note.>>  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) <<NOTE: 26 USC 7527 note.>>  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) <<NOTE: 26 USC 35 note.>>  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) <<NOTE: 42 USC 300gg.>>  is amended by striking ``January 1, 
2011'' and inserting ``February 13, 2011''.

    (d) <<NOTE: 26 USC 9801 note.>>  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), <<NOTE: 26 USC 35.>>  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) <<NOTE: 26 USC 35 note.>>  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.

[[Page 124 STAT. 3616]]

        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 <<NOTE: 26 USC 4980B.>>  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) <<NOTE: 26 USC 4980B note.>>  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) <<NOTE: 26 USC 35 note.>>  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) <<NOTE: 26 USC 7527 note.>>  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''.

[[Page 124 STAT. 3617]]

                           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. <<NOTE: 26 USC 6655 note.>>  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.

    Approved December 29, 2010.

LEGISLATIVE HISTORY--H.R. 6517:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 156 (2010):
            Dec. 15, considered and passed House.
            Dec. 22, considered and passed Senate, amended. House 
                concurred in Senate amendment.

                                  <all>