H.R. 6517

Omnibus Trade Act of 2010

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Contents

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

H. R. 6517

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.

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.

I

Extension of trade adjustment assistance and health coverage improvement

A

Extension of trade adjustment assistance

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.

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.

B

Health coverage improvement

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.

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.

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.

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.

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.

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.

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.

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.

II

Andean Trade Preferences Act

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.

III

Offsets

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.

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.

IV

Budgetary effects

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.