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, 

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. 
H. R. 6517—2 

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 
H. R. 6517—3 

‘‘ ‘(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 
H. R. 6517—4 

(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’’. 
H. R. 6517—5 

(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 TAAELIGIBLE 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. 
H. R. 6517—6 

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’’. 
H. R. 6517—7 

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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.