    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    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.

    [[Page 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) <>  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

    [[Page 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 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 <>  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''.

    [[Page 3615]]

    (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.

    [[Page 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 <>  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''.

    [[Page 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. <>  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.