United States Statutes at Large, Volume 124, 111th Congress, 2nd Session

[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.