In the Senate of the United States, 

December 22, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 6517) entitled ‘‘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.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Om3 nibus Trade Act of 2010’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 
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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. 

1 TITLE I—EXTENSION OF TRADE 

2 ADJUSTMENT ASSISTANCE 

3 AND HEALTH COVERAGE IM4 PROVEMENT 

5 Subtitle A—Extension of Trade 

6 Adjustment Assistance 

7 SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE. 

8 (a) IN GENERAL.—Section 1893(a) of the Trade and 

9 Globalization Adjustment Assistance Act of 2009 (Public 

10 Law 111–5; 123 Stat. 422) is amended by striking ‘‘Janu11 ary 1, 2011’’ each place it appears and inserting ‘‘Febrary 

12 13, 2011’’. 
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1 (b) APPLICATION OF PRIOR LAW.—Section 1893(b) of 

2 the Trade and Globalization Adjustment Assistance Act of 

3 2009 (Public Law 111–5; 123 Stat. 422 (19 U.S.C. 2271 

4 note prec.)) is amended to read as follows: 

5 ‘‘(b) APPLICATION OF PRIOR LAW.—Chapters 2, 3, 4, 

6 5, and 6 of title II of the Trade Act of 1974 (19 U.S.C. 

7 2271 et seq.) shall be applied and administered beginning 

8 February 13, 2011, as if the amendments made by this sub9 title (other than part VI) had never been enacted, except 

10 that in applying and administering such chapters— 

11 ‘‘(1) section 245 of that Act shall be applied and 

12 administered by substituting ‘February 12, 2012’ for 

13 ‘December 31, 2007’; 

14 ‘‘(2) section 246(b)(1) of that Act shall be ap15 plied and administered by substituting ‘February 12, 

16 2012’ for ‘the date that is 5 years’ and all that follows 

17 through ‘State’; 

18 ‘‘(3) section 256(b) of that Act shall be applied 

19 and administered by substituting ‘the 1-year period 

20 beginning February 13, 2011, and ending February 

21 12, 2012,’ for ‘each of fiscal years 2003 through 2007, 

22 and $4,000,000 for the 3-month period beginning on 

23 October 1, 2007,’; 

24 ‘‘(4) section 298(a) of that Act shall be applied 

25 and administered by substituting ‘the 1-year period 
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1 beginning February 13, 2011, and ending February 

2 12, 2012,’ for ‘each of the fiscal years’ and all that 

3 follows through ‘October 1, 2007’; and 

4 ‘‘(5) subject to subsection (a)(2), section 285 of 

5 that Act shall be applied and administered— 

6 ‘‘(A) in subsection (a), by substituting ‘Feb7 ruary 12, 2011’ for ‘December 31, 2007’ each 

8 place it appears; and 

9 ‘‘(B) by applying and administering sub10 section (b) as if it read as follows: 

11 ‘‘ ‘(b) OTHER ASSISTANCE.— 

12 ‘‘ ‘(1) ASSISTANCE FOR FIRMS.— 

13 ‘‘ ‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), assistance may not be pro15 vided under chapter 3 after February 12, 2012. 

16 ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub17 paragraph (A), any assistance approved under 

18 chapter 3 on or before February 12, 2012, may 

19 be provided— 

20 ‘‘ ‘(i) to the extent funds are available 

21 pursuant to such chapter for such purpose; 

22 and 

23 ‘‘ ‘(ii) to the extent the recipient of the 

24 assistance is otherwise eligible to receive 

25 such assistance. 
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1 ‘‘ ‘(2) FARMERS.— 

2 ‘‘ ‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (B), assistance may not be pro4 vided under chapter 6 after February 12, 2012. 

5 ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub6 paragraph (A), any assistance approved under 

7 chapter 6 on or before February 12, 2012, may 

8 be provided— 

9 ‘‘ ‘(i) to the extent funds are available 

10 pursuant to such chapter for such purpose; 

11 and 

12 ‘‘ ‘(ii) to the extent the recipient of the 

13 assistance is otherwise eligible to receive 

14 such assistance.’.’’. 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) Section 236(a)(2)(A) of the Trade Act of 

17 1974 (19 U.S.C. 2296(a)(2)(A)) is amended to read 

18 as follows: 

19 ‘‘(2)(A) The total amount of payments that may be 

20 made under paragraph (1) shall not exceed— 

21 ‘‘(i) $575,000,000 for fiscal year 2010; and 

22 ‘‘(ii) $66,500,000 for the 6-week period beginning 

23 January 1, 2011, and ending February 12, 2011.’’. 
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1 (2) Section 245(a) of the Trade Act of 1974 (19 

2 U.S.C. 2317(a)) is amended by striking ‘‘December 

3 31, 2010’’ and inserting ‘‘February 12, 2011’’. 

4 (3) Section 246(b)(1) of the Trade Act of 1974 

5 (19 U.S.C. 2318(b)(1)) is amended by striking ‘‘De6 cember 31, 2010’’ and inserting ‘‘February 12, 2011’’. 

7 (4) Section 255(a) of the Trade Act of 1974 (19 

8 U.S.C. 2345(a)) is amended— 

9 (A) in the first sentence to read as follows: 

10 ‘‘There are authorized to be appropriated to the 

11 Secretary to carry out the provisions of this 

12 chapter $50,000,000 for fiscal year 2010 and 

13 $5,800,000 for the 6-week period beginning Jan14 uary 1, 2011, and ending February 12, 2011.’’; 

15 and 

16 (B) in paragraph (1), by striking ‘‘Decem17 ber 31, 2010’’ and inserting ‘‘February 12, 

18 2011’’. 

19 (5) Section 275(f) of the Trade Act of 1974 (19 

20 U.S.C. 2371d(f)) is amended by striking ‘‘2011’’ and 

21 inserting ‘‘and annually thereafter’’. 

22 (6) Section 276(c)(2) of the Trade Act of 1974 

23 (19 U.S.C. 2371e(c)(2)) is amended to read as follows: 

24 ‘‘(2) FUNDS TO BE USED.—Of the funds appro25 priated pursuant to section 277(c), the Secretary may 
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1 make available, to provide grants to eligible commu2 nities under paragraph (1), not more than— 

3 ‘‘(A) $25,000,000 for fiscal year 2010; and 

4 ‘‘(B) $2,900,000 for the 6-week period be5 ginning January 1, 2011, and ending February 

6 12, 2011.’’. 

7 (7) Section 277(c) of the Trade Act of 1974 (19 

8 U.S.C. 2371f(c)) is amended— 

9 (A) by amending paragraph (1) to read as 

10 follows: 

11 ‘‘(1) IN GENERAL.—There are authorized to be 

12 appropriated to the Secretary to carry out this sub13 chapter— 

14 ‘‘(A) $150,000,000 for fiscal year 2010; and 

15 ‘‘(B) $17,3000 for the 6-week period begin16 ning January 1, 2011 and ending February 12, 

17 2011.’’; and 

18 (B) in paragraph (2)(A), by striking ‘‘De19 cember 31, 2010’’ and inserting ‘‘February 12, 

20 2011’’. 

21 (8) Section 278(e) of the Trade Act of 1974 (19 

22 U.S.C. 2372(e)) is amended by striking ‘‘2011’’ and 

23 inserting ‘‘and annually thereafter’’. 
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1 (9) Section 279A(h)(2) of the Trade Act of 1974 

2 (19 U.S.C. 2373(h)(2)) is amended by striking 

3 ‘‘2011’’ and inserting ‘‘and annually thereafter’’. 

4 (10) Section 279B(a) of the Trade Act of 1974 

5 (19 U.S.C. 2373a(a)) is amended to read as follows: 

6 ‘‘(a) IN GENERAL.— 

7 ‘‘(1) AUTHORIZATION.—There are authorized to 

8 be appropriated to the Secretary of Labor to carry 

9 out the Sector Partnership Grant program under sec10 tion 279A— 

11 ‘‘(A) $40,000,000 for fiscal year 2010; and 

12 ‘‘(B) $4,600,000 for the 6-week period be13 ginning January 1, 2011, and ending February 

14 12, 2011. 

15 ‘‘(2) AVAILABILITY OF APPROPRIATIONS.—Funds 

16 appropriated pursuant to this section shall remain 

17 available until expended.’’. 

18 (11) Section 285 of the Trade Act of 1974 (19 

19 U.S.C. 2271 note) is amended— 

20 (A) by striking ‘‘December 31, 2010’’ each 

21 place it appears and inserting ‘‘February 12, 

22 2011’’; and 

23 (B) in subsection (a)(2)(A), by inserting 

24 ‘‘pursuant to petitions filed under section 221 

25 before February 12, 2011’’ after ‘‘title’’. 
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1 (12) Section 298(a) of the Trade Act of 1974 (19 

2 U.S.C. 2401g(a)) is amended by striking 

3 ‘‘$90,000,000 for each of the fiscal years 2009 and 

4 2010, and $22,500,000 for the period beginning Octo5 ber 1, 2010, and ending December 31, 2010’’ and in6 serting ‘‘$10,400,000 for the 6-week period beginning 

7 January 1, 2011, and ending February 12, 2011’’. 

8 (13) The table of contents for the Trade Act of 

9 1974 is amended by striking the item relating to sec10 tion 235 and inserting the following: 

‘‘Sec. 235. Employment and case management services.’’. 

11 (d) EFFECTIVE DATE.—The amendments made by this 

12 section shall take effect on January 1, 2011. 

13 SEC. 102. MERIT STAFFING FOR STATE ADMINISTRATION 

14 OF TRADE ADJUSTMENT ASSISTANCE. 

15 (a) IN GENERAL.—Notwithstanding section 618.890(b) 

16 of title 20, Code of Federal Regulations, or any other provi17 sion of law, the single transition deadline for implementing 

18 the merit-based State personnel staffing requirements con19 tained in section 618.890(a) of title 20, Code of Federal 

20 Regulations, shall not be earlier than February 12, 2011. 

21 (b) EFFECTIVE DATE.—This section shall take effect 

22 on December 14, 2010. 
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1 Subtitle B—Health Coverage 

2 Improvement 

3 SEC. 111. IMPROVEMENT OF THE AFFORDABILITY OF THE 

4 CREDIT. 

5 (a) IN GENERAL.—Section 35(a) of the Internal Rev6 enue Code of 1986 is amended by striking ‘‘January 1, 

7 2011’’ and inserting ‘‘February 13, 2011’’. 

8 (b) CONFORMING AMENDMENT.—Section 7527(b) of 

9 such Code is amended by striking ‘‘January 1, 2011’’ and 

10 inserting ‘‘February 13, 2011’’. 

11 (c) EFFECTIVE DATE.—The amendments made by this 

12 section shall apply to coverage months beginning after De13 cember 31, 2010. 

14 SEC. 112. PAYMENT FOR THE MONTHLY PREMIUMS PAID 

15 PRIOR TO COMMENCEMENT OF THE ADVANCE 

16 PAYMENTS OF CREDIT. 

17 (a) IN GENERAL.—Section 7527(e) of the Internal 

18 Revenue Code of 1986 is amended by striking ‘‘January 

19 1, 2011’’ and inserting ‘‘February 13, 2011’’. 

20 (b) EFFECTIVE DATE.—The amendment made by this 

21 section shall apply to coverage months beginning after De22 cember 31, 2010. 
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1 SEC. 113. TAA RECIPIENTS NOT ENROLLED IN TRAINING 

2 PROGRAMS ELIGIBLE FOR CREDIT. 

3 (a) IN GENERAL.—Section 35(c)(2)(B) of the Internal 

4 Revenue Code of 1986 is amended by striking ‘‘January 

5 1, 2011’’ and inserting ‘‘February 13, 2011’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to coverage months beginning after De8 cember 31, 2010. 

9 SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE FOR PUR10 POSES OF DETERMINING WHETHER THERE IS 

11 A 63-DAY LAPSE IN CREDITABLE COVERAGE. 

12 (a) IRC AMENDMENT.—Section 9801(c)(2)(D) of the 

13 Internal Revenue Code of 1986 is amended by striking 

14 ‘‘January 1, 2011’’ and inserting ‘‘February 13, 2011’’. 

15 (b) ERISA AMENDMENT.—Section 701(c)(2)(C) of the 

16 Employee Retirement Income Security Act of 1974 (29 

17 U.S.C. 1181(c)(2)(C)) is amended by striking ‘‘January 1, 

18 2011’’ and inserting ‘‘February 13, 2011’’. 

19 (c) PHSA AMENDMENT.—Section 2701(c)(2)(C) of the 

20 Public Health Service Act (as in effect for plan years begin21 ning before January 1, 2014) is amended by striking ‘‘Jan22 uary 1, 2011’’ and inserting ‘‘February 13, 2011’’. 

23 (d) EFFECTIVE DATE.—The amendments made by this 

24 section shall apply to plan years beginning after December 

25 31, 2010. 
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1 SEC. 115. CONTINUED QUALIFICATION OF FAMILY MEM2 BERS AFTER CERTAIN EVENTS. 

3 (a) IN GENERAL.—Section 35(g)(9) of the Internal 

4 Revenue Code of 1986, as added by section 1899E(a) of the 

5 American Recovery and Reinvestment Tax Act of 2009 (re6 lating to continued qualification of family members after 

7 certain events), is amended by striking ‘‘January 1, 2011’’ 

8 and inserting ‘‘February 13, 2011’’. 

9 (b) CONFORMING AMENDMENT.—Section 173(f)(8) of 

10 the Workforce Investment Act of 1998 (29 U.S.C. 

11 2918(f)(8)) is amended by striking ‘‘January 1, 2011’’ and 

12 inserting ‘‘February 13, 2011’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply to months beginning after December 31, 

15 2010. 

16 SEC. 116. EXTENSION OF COBRA BENEFITS FOR CERTAIN 

17 TAA-ELIGIBLE INDIVIDUALS AND PBGC RE18 CIPIENTS. 

19 (a) ERISA AMENDMENTS.— 

20 (1) PBGC RECIPIENTS.—Section 602(2)(A)(v) of 

21 the Employee Retirement Income Security Act of 

22 1974 (29 U.S.C. 1162(2)(A)(v)) is amended by strik23 ing ‘‘December 31, 2010’’ and inserting ‘‘February 

24 12, 2011’’. 

25 (2) TAA-ELIGIBLE INDIVIDUALS.—Section 

26 602(2)(A)(vi) of such Act (29 U.S.C. 1162(2)(A)(vi)) 
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1 is amended by striking ‘‘December 31, 2010’’ and in2 serting ‘‘February 12, 2011’’. 

3 (b) IRC AMENDMENTS.— 

4 (1) PBGC RECIPIENTS.—Section 

5 4980B(f)(2)(B)(i)(V) of the Internal Revenue Code of 

6 1986 is amended by striking ‘‘December 31, 2010’’ 

7 and inserting ‘‘February 12, 2011’’. 

8 (2) TAA-ELIGIBLE INDIVIDUALS.—Section 

9 4980B(f)(2)(B)(i)(VI) of such Code is amended by 

10 striking ‘‘December 31, 2010’’ and inserting ‘‘Feb11 ruary 12, 2011’’. 

12 (c) PHSA AMENDMENTS.—Section 2202(2)(A)(iv) of 

13 the Public Health Service Act (42 U.S.C. 300bb– 

14 2(2)(A)(iv)) is amended by striking ‘‘December 31, 2010’’ 

15 and inserting ‘‘February 12, 2011’’. 

16 (d) EFFECTIVE DATE.—The amendments made by this 

17 section shall apply to periods of coverage which would 

18 (without regard to the amendments made by this section) 

19 end on or after December 31, 2010. 

20 SEC. 117. ADDITION OF COVERAGE THROUGH VOLUNTARY 

21 EMPLOYEES’ BENEFICIARY ASSOCIATIONS. 

22 (a) IN GENERAL.—Section 35(e)(1)(K) of the Internal 

23 Revenue Code of 1986 is amended by striking ‘‘January 

24 1, 2011’’ and inserting ‘‘February 13, 2012’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to coverage months beginning after De3 cember 31, 2010. 

4 SEC. 118. NOTICE REQUIREMENTS. 

5 (a) IN GENERAL.—Section 7527(d)(2) of the Internal 

6 Revenue Code of 1986 is amended by striking ‘‘January 

7 1, 2011’’ and inserting ‘‘February 13, 2011’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply to certificates issued after December 31, 

10 2010. 

11 TITLE II—ANDEAN TRADE 

12 PREFERENCES ACT 

13 SEC. 201. EXTENSION OF ANDEAN TRADE PREFERENCE 

14 ACT. 

15 (a) EXTENSION.—Section 208(a)(1) of the Andean 

16 Trade Preference Act (19 U.S.C. 3206(a)(1)) is amended 

17 to read as follows: 

18 ‘‘(1) remain in effect— 

19 ‘‘(A) with respect to Colombia after Feb20 ruary 12, 2011; and 

21 ‘‘(B) with respect to Peru after December 

22 31, 2010;’’. 

23 (b) ECUADOR.—Section 208(a)(2) of the Andean Trade 

24 Preference Act (19 U.S.C. 3206(a)(2)) is amended by strik-
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1 ing ‘‘December 31, 2010’’ and inserting ‘‘February 12, 

2 2011’’. 

3 (c) TREATMENT OF CERTAIN APPAREL ARTICLES.— 

4 Section 204(b)(3)(E)(ii)(II) of the Andean Trade Preference 

5 Act (19 U.S.C. 3203(b)(3)) is amended (ii)(II), by striking 

6 ‘‘December 31, 2010’’ and inserting ‘‘February 12, 2011’’. 

7 (d) ANNUAL REPORT.—Section 203(f)(1) of the Ande8 an Trade Preference Act (19 U.S.C. 3202(f)(1)) is amended 

9 by striking ‘‘every 2 years’’ and inserting ‘‘annually’’. 

10 TITLE III—OFFSETS 

11 SEC. 301. CUSTOMS USER FEES. 

12 Section 13031(j)(3) of the Consolidated Omnibus 

13 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is 

14 amended— 

15 (1) in subparagraph (A), by striking ‘‘September 

16 30, 2019’’ and inserting ‘‘January 7, 2020’’; and 

17 (2) in subparagraph (B)(i), by striking ‘‘Sep18 tember 30, 2019’’ and inserting ‘‘January 14, 2020’’. 

19 SEC. 302. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

20 TAXES. 

21 The percentage under paragraph (2) of section 561 of 

22 the Hiring Incentives to Restore Employment Act in effect 

23 on the date of the enactment of this Act is increased by 

24 4.5 percentage points. 
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1 TITLE IV—BUDGETARY EFFECTS 

2 SEC. 401. COMPLIANCE WITH PAYGO. 

3 The budgetary effects of this Act, for the purpose of 

4 complying with the Statutory Pay-As-You-Go Act of 2010, 

5 shall be determined by reference to the latest statement titled 

6 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

7 submitted for printing in the Congressional Record by the 

8 Chairman of the Senate Budget Committee, provided that 

9 such statement has been submitted prior to the vote on pas10 sage. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION H.R. 6517 

AMENDMENT