[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6517 Enrolled Bill (ENR)]
H.R.6517
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
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,

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(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:

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IMPROVEMENT
Subtitle A--Extension of Trade Adjustment Assistance

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assistance.
Subtitle B--Health Coverage Improvement

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TITLE I

-EXTENSION OF TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE

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whether there is a 63-day lapse in creditable coverage.

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TITLE IV

-BUDGETARY EFFECTS

(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.

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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

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(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.

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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.

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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.

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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.

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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.

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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.

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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.

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(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.

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(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''.

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TITLE II

-ANDEAN TRADE PREFERENCES ACT

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''.

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TITLE III

-OFFSETS

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.

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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.

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Omnibus Trade Act of 2010

Other Sections

TITLE I

TITLE IV

TITLE II

TITLE III

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