II 

Calendar No. 75 

114TH CONGRESS 

1ST SESSION S. 1268 

To extend the trade adjustment assistance program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2015 

Mr. HATCH, from the Committee on Finance, reported the following original 

bill; which was read twice and placed on the calendar 

A BILL 

To extend the trade adjustment assistance program, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trade Adjustment As5 sistance Reauthorization Act of 2015’’. 


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1 SEC. 2. APPLICATION OF PROVISIONS RELATING TO TRADE 

2 ADJUSTMENT ASSISTANCE. 

3 (a) REPEAL OF SNAPBACK.—Section 233 of the 

4 Trade Adjustment Assistance Extension Act of 2011 

5 (Public Law 112–40; 125 Stat. 416) is repealed. 

6 (b) APPLICABILITY OF CERTAIN PROVISIONS.—Ex7 cept as otherwise provided in this Act, the provisions of 

8 chapters 2 through 6 of title II of the Trade Act of 1974, 

9 as in effect on December 31, 2013, and as amended by 

10 this Act, shall— 

11 (1) take effect on the date of the enactment of 

12 this Act; and 

13 (2) apply to petitions for certification filed 

14 under chapter 2, 3, or 6 of title II of the Trade Act 

15 of 1974 on or after such date of enactment. 

16 (c) REFERENCES.—Except as otherwise provided in 

17 this Act, whenever in this Act an amendment or repeal 

18 is expressed in terms of an amendment to, or repeal of, 

19 a provision of chapters 2 through 6 of title II of the Trade 

20 Act of 1974, the reference shall be considered to be made 

21 to a provision of any such chapter, as in effect on Decem22 ber 31, 2013. 

23 SEC. 3. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE 

24 PROGRAM. 

25 (a) EXTENSION OF TERMINATION PROVISIONS.— 

26 Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 


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1 note) is amended by striking ‘‘December 31, 2013’’ each 

2 place it appears and inserting ‘‘June 30, 2021’’. 

3 (b) TRAINING FUNDS.—Section 236(a)(2)(A) of the 

4 Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended 

5 by striking ‘‘shall not exceed’’ and all that follows and in6 serting ‘‘shall not exceed $450,000,000 for each of fiscal 

7 years 2015 through 2021.’’. 

8 (c) REEMPLOYMENT TRADE ADJUSTMENT ASSIST9 ANCE.—Section 246(b)(1) of the Trade Act of 1974 (19 

10 U.S.C. 2318(b)(1)) is amended by striking ‘‘December 31, 

11 2013’’ and inserting ‘‘June 30, 2021’’. 

12 (d) AUTHORIZATIONS OF APPROPRIATIONS.— 

13 (1) TRADE ADJUSTMENT ASSISTANCE FOR

14 WORKERS.—Section 245(a) of the Trade Act of 

15 1974 (19 U.S.C. 2317(a)) is amended by striking 

16 ‘‘December 31, 2013’’ and inserting ‘‘June 30, 

17 2021’’. 

18 (2) TRADE ADJUSTMENT ASSISTANCE FOR

19 FIRMS.—Section 255(a) of the Trade Act of 1974 

20 (19 U.S.C. 2345(a)) is amended by striking ‘‘fiscal 

21 years 2012 and 2013’’ and all that follows through 

22 ‘‘December 31, 2013’’ and inserting ‘‘fiscal years 

23 2015 through 2021’’. 

24 (3) TRADE ADJUSTMENT ASSISTANCE FOR

25 FARMERS.—Section 298(a) of the Trade Act of 1974 


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1 (19 U.S.C. 2401g(a)) is amended by striking ‘‘fiscal 

2 years 2012 and 2013’’ and all that follows through 

3 ‘‘December 31, 2013’’ and inserting ‘‘fiscal years 

4 2015 through 2021’’. 

5 SEC. 4. PERFORMANCE MEASUREMENT AND REPORTING. 

6 (a) PERFORMANCE MEASURES.—Section 239(j) of 

7 the Trade Act of 1974 (19 U.S.C. 2311(j)) is amended— 

8 (1) in the subsection heading, by striking 

9 ‘‘DATA REPORTING’’ and inserting ‘‘PERFORMANCE

10 MEASURES’’; 

11 (2) in paragraph (1)— 

12 (A) in the matter preceding subparagraph 

13 (A)— 

14 (i) by striking ‘‘a quarterly’’ and in15 serting ‘‘an annual’’; and 

16 (ii) by striking ‘‘data’’ and inserting 

17 ‘‘measures’’; 

18 (B) in subparagraph (A), by striking 

19 ‘‘core’’ and inserting ‘‘primary’’; and 

20 (C) in subparagraph (C), by inserting 

21 ‘‘that promote efficiency and effectiveness’’ 

22 after ‘‘assistance program’’; 

23 (3) in paragraph (2)— 


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1 (A) in the paragraph heading, by striking 

2 ‘‘CORE INDICATORS DESCRIBED’’ and inserting 

3 ‘‘INDICATORS OF PERFORMANCE’’; and 

4 (B) by striking subparagraph (A) and in5 serting the following: 

6 ‘‘(A) PRIMARY INDICATORS OF PERFORM7 ANCE DESCRIBED.— 

8 ‘‘(i) IN GENERAL.—The primary indi9 cators of performance referred to in para10 graph (1)(A) shall consist of— 

11 ‘‘(I) the percentage and number 

12 of workers who received benefits 

13 under the trade adjustment assistance 

14 program who are in unsubsidized em15 ployment during the second calendar 

16 quarter after exit from the program; 

17 ‘‘(II) the percentage and number 

18 of workers who received benefits 

19 under the trade adjustment assistance 

20 program and who are in unsubsidized 

21 employment during the fourth cal22 endar quarter after exit from the pro23 gram; 

24 ‘‘(III) the median earnings of 

25 workers described in subclause (I); 


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1 ‘‘(IV) the percentage and number 

2 of workers who received benefits 

3 under the trade adjustment assistance 

4 program who, subject to clause (ii), 

5 obtain a recognized postsecondary cre6 dential or a secondary school diploma 

7 or its recognized equivalent, during 

8 participation in the program or within 

9 one year after exit from the program; 

10 and 

11 ‘‘(V) the percentage and number 

12 of workers who received benefits 

13 under the trade adjustment assistance 

14 program who, during a year while re15 ceiving such benefits, are in an edu16 cation or training program that leads 

17 to a recognized postsecondary creden18 tial or employment and who are 

19 achieving measurable gains in skills 

20 toward such a credential or employ21 ment. 

22 ‘‘(ii) INDICATOR RELATING TO CRE23 DENTIAL.—For purposes of clause (i)(IV), 

24 a worker who received benefits under the 

25 trade adjustment assistance program who 


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1 obtained a secondary school diploma or its 

2 recognized equivalent shall be included in 

3 the percentage counted for purposes of 

4 that clause only if the worker, in addition 

5 to obtaining such a diploma or its recog6 nized equivalent, has obtained or retained 

7 employment or is in an education or train8 ing program leading to a recognized post9 secondary credential within one year after 

10 exit from the program.’’; 

11 (4) in paragraph (3)— 

12 (A) in the paragraph heading, by striking 

13 ‘‘DATA’’ and inserting ‘‘MEASURES’’; 

14 (B) by striking ‘‘quarterly’’ and inserting 

15 ‘‘annual’’; and 

16 (C) by striking ‘‘data’’ and inserting 

17 ‘‘measures’’; and 

18 (5) by adding at the end the following: 

19 ‘‘(4) ACCESSIBILITY OF STATE PERFORMANCE

20 REPORTS.—The Secretary shall, on an annual basis, 

21 make available (including by electronic means), in an 

22 easily understandable format, the reports of cooper23 ating States or cooperating State agencies required 

24 by paragraph (1) and the information contained in 

25 those reports.’’. 


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1 (b) COLLECTION AND PUBLICATION OF DATA.—Sec2 tion 249B of the Trade Act of 1974 (19 U.S.C. 2323) 

3 is amended— 

4 (1) in subsection (b)— 

5 (A) in paragraph (3)— 

6 (i) in subparagraph (A), by striking 

7 ‘‘enrolled in’’ and inserting ‘‘who received’’; 

8 (ii) in subparagraph (B)— 

9 (I) by striking ‘‘complete’’ and 

10 inserting ‘‘exited’’; and 

11 (II) by striking ‘‘who were en12 rolled in’’ and inserting ‘‘, including 

13 who received’’; 

14 (iii) in subparagraph (E), by striking 

15 ‘‘complete’’ and inserting ‘‘exited’’; 

16 (iv) in subparagraph (F), by striking 

17 ‘‘complete’’ and inserting ‘‘exit’’; and 

18 (v) by adding at the end the following: 

19 ‘‘(G) The average cost per worker of re20 ceiving training approved under section 236. 

21 ‘‘(H) The percentage of workers who re22 ceived training approved under section 236 and 

23 obtained unsubsidized employment in a field re24 lated to that training.’’; and 

25 (B) in paragraph (4)— 


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1 (i) in subparagraphs (A) and (B), by 

2 striking ‘‘quarterly’’ each place it appears 

3 and inserting ‘‘annual’’; and 

4 (ii) by striking subparagraph (C) and 

5 inserting the following: 

6 ‘‘(C) The median earnings of workers de7 scribed in section 239(j)(2)(A)(i)(III) during 

8 the second calendar quarter after exit from the 

9 program, expressed as a percentage of the me10 dian earnings of such workers before the cal11 endar quarter in which such workers began re12 ceiving benefits under this chapter.’’; and 

13 (2) in subsection (e)— 

14 (A) in paragraph (1)— 

15 (i) by redesignating subparagraphs 

16 (B) and (C) as subparagraphs (C) and 

17 (D), respectively; and 

18 (ii) by inserting after subparagraph 

19 (A) the following: 

20 ‘‘(B) the reports required under section 

21 239(j);’’; and 

22 (B) in paragraph (2), by striking ‘‘a quar23 terly’’ and inserting ‘‘an annual’’. 


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1 (c) RECOGNIZED POSTSECONDARY CREDENTIAL DE2 FINED.—Section 247 of the Trade Act of 1974 (19 U.S.C. 

3 2319) is amended by adding at the end the following: 

4 ‘‘(19) The term ‘recognized postsecondary cre5 dential’ means a credential consisting of an indus6 try-recognized certificate or certification, a certifi7 cate of completion of an apprenticeship, a license 

8 recognized by a State or the Federal Government, or 

9 an associate or baccalaureate degree.’’. 

10 SEC. 5. APPLICABILITY OF TRADE ADJUSTMENT ASSIST11 ANCE PROVISIONS. 

12 (a) TRADE ADJUSTMENT ASSISTANCE FOR WORK13 ERS.— 

14 (1) PETITIONS FILED ON OR AFTER JANUARY 1, 

15 2014, AND BEFORE DATE OF ENACTMENT.— 

16 (A) CERTIFICATIONS OF WORKERS NOT

17 CERTIFIED BEFORE DATE OF ENACTMENT.— 

18 (i) CRITERIA IF A DETERMINATION

19 HAS NOT BEEN MADE.—If, as of the date 

20 of the enactment of this Act, the Secretary 

21 of Labor has not made a determination 

22 with respect to whether to certify a group 

23 of workers as eligible to apply for adjust24 ment assistance under section 222 of the 

25 Trade Act of 1974 pursuant to a petition 


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1 described in clause (iii), the Secretary shall 

2 make that determination based on the re3 quirements of section 222 of the Trade Act 

4 of 1974, as in effect on such date of enact5 ment. 

6 (ii) RECONSIDERATION OF DENIALS

7 OF CERTIFICATIONS.—If, before the date 

8 of the enactment of this Act, the Secretary 

9 made a determination not to certify a 

10 group of workers as eligible to apply for 

11 adjustment assistance under section 222 of 

12 the Trade Act of 1974 pursuant to a peti13 tion described in clause (iii), the Secretary 

14 shall— 

15 (I) reconsider that determination; 

16 and 

17 (II) if the group of workers 

18 meets the requirements of section 222 

19 of the Trade Act of 1974, as in effect 

20 on such date of enactment, certify the 

21 group of workers as eligible to apply 

22 for adjustment assistance. 

23 (iii) PETITION DESCRIBED.—A peti24 tion described in this clause is a petition 

25 for a certification of eligibility for a group 


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1 of workers filed under section 221 of the 

2 Trade Act of 1974 on or after January 1, 

3 2014, and before the date of the enactment 

4 of this Act. 

5 (B) ELIGIBILITY FOR BENEFITS.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), a worker certified as eligible 

8 to apply for adjustment assistance under 

9 section 222 of the Trade Act of 1974 pur10 suant to a petition described in subpara11 graph (A)(iii) shall be eligible, on and after 

12 the date that is 90 days after the date of 

13 the enactment of this Act, to receive bene14 fits only under the provisions of chapter 2 

15 of title II of the Trade Act of 1974, as in 

16 effect on such date of enactment. 

17 (ii) COMPUTATION OF MAXIMUM BEN18 EFITS.—Benefits received by a worker de19 scribed in clause (i) under chapter 2 of 

20 title II of the Trade Act of 1974 before the 

21 date of the enactment of this Act shall be 

22 included in any determination of the max23 imum benefits for which the worker is eli24 gible under the provisions of chapter 2 of 

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1 fect on the date of the enactment of this 

2 Act. 

3 (2) PETITIONS FILED BEFORE JANUARY 1, 

4 2014.—A worker certified as eligible to apply for ad5 justment assistance pursuant to a petition filed 

6 under section 221 of the Trade Act of 1974 on or 

7 before December 31, 2013, shall continue to be eligi8 ble to apply for and receive benefits under the provi9 sions of chapter 2 of title II of such Act, as in effect 

10 on December 31, 2013. 

11 (3) QUALIFYING SEPARATIONS WITH RESPECT

12 TO PETITIONS FILED WITHIN 90 DAYS OF DATE OF

13 ENACTMENT.—Section 223(b) of the Trade Act of 

14 1974, as in effect on the date of the enactment of 

15 this Act, shall be applied and administered by sub16 stituting ‘‘before January 1, 2014’’ for ‘‘more than 

17 one year before the date of the petition on which 

18 such certification was granted’’ for purposes of de19 termining whether a worker is eligible to apply for 

20 adjustment assistance pursuant to a petition filed 

21 under section 221 of the Trade Act of 1974 on or 

22 after the date of the enactment of this Act and on 

23 or before the date that is 90 days after such date 

24 of enactment. 

25 (b) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.— 


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1 (1) CERTIFICATION OF FIRMS NOT CERTIFIED

2 BEFORE DATE OF ENACTMENT.— 

3 (A) CRITERIA IF A DETERMINATION HAS

4 NOT BEEN MADE.—If, as of the date of the en5 actment of this Act, the Secretary of Commerce 

6 has not made a determination with respect to 

7 whether to certify a firm as eligible to apply for 

8 adjustment assistance under section 251 of the 

9 Trade Act of 1974 pursuant to a petition de10 scribed in subparagraph (C), the Secretary shall 

11 make that determination based on the require12 ments of section 251 of the Trade Act of 1974, 

13 as in effect on such date of enactment. 

14 (B) RECONSIDERATION OF DENIAL OF

15 CERTAIN PETITIONS.—If, before the date of the 

16 enactment of this Act, the Secretary made a de17 termination not to certify a firm as eligible to 

18 apply for adjustment assistance under section 

19 251 of the Trade Act of 1974 pursuant to a pe20 tition described in subparagraph (C), the Sec21 retary shall— 

22 (i) reconsider that determination; and 

23 (ii) if the firm meets the requirements 

24 of section 251 of the Trade Act of 1974, 

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1 tify the firm as eligible to apply for adjust2 ment assistance. 

3 (C) PETITION DESCRIBED.—A petition de4 scribed in this subparagraph is a petition for a 

5 certification of eligibility filed by a firm or its 

6 representative under section 251 of the Trade 

7 Act of 1974 on or after January 1, 2014, and 

8 before the date of the enactment of this Act. 

9 (2) CERTIFICATION OF FIRMS THAT DID NOT

10 SUBMIT PETITIONS BETWEEN JANUARY 1, 2014, AND

11 DATE OF ENACTMENT.— 

12 (A) IN GENERAL.—The Secretary of Com13 merce shall certify a firm described in subpara14 graph (B) as eligible to apply for adjustment 

15 assistance under section 251 of the Trade Act 

16 of 1974, as in effect on the date of the enact17 ment of this Act, if the firm or its representa18 tive files a petition for a certification of eligi19 bility under section 251 of the Trade Act of 

20 1974 not later than 90 days after such date of 

21 enactment. 

22 (B) FIRM DESCRIBED.—A firm described 

23 in this subparagraph is a firm that the Sec24 retary determines would have been certified as 

25 eligible to apply for adjustment assistance if— 


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1 (i) the firm or its representative had 

2 filed a petition for a certification of eligi3 bility under section 251 of the Trade Act 

4 of 1974 on a date during the period begin5 ning on January 1, 2014, and ending on 

6 the day before the date of the enactment 

7 of this Act; and 

8 (ii) the provisions of chapter 3 of title 

9 II of the Trade Act of 1974, as in effect 

10 on such date of enactment, had been in ef11 fect on that date during the period de12 scribed in clause (i). 

13 SEC. 6. SUNSET PROVISIONS. 

14 (a) APPLICATION OF PRIOR LAW.—Subject to sub15 section (b), beginning on July 1, 2021, the provisions of 

16 chapters 2, 3, 5, and 6 of title II of the Trade Act of 

17 1974 (19 U.S.C. 2271 et seq.), as in effect on January 

18 1, 2014, shall be in effect and apply, except that in apply19 ing and administering such chapters— 

20 (1) paragraph (1) of section 231(c) of that Act 

21 shall be applied and administered as if subpara22 graphs (A), (B), and (C) of that paragraph were not 

23 in effect; 

24 (2) section 233 of that Act shall be applied and 

25 administered— 


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1 (A) in subsection (a)— 

2 (i) in paragraph (2), by substituting 

3 ‘‘104-week period’’ for ‘‘104-week period’’ 

4 and all that follows through ‘‘130-week pe5 riod)’’; and 

6 (ii) in paragraph (3)— 

7 (I) in the matter preceding sub8 paragraph (A), by substituting ‘‘65’’ 

9 for ‘‘52’’; and 

10 (II) by substituting ‘‘78-week pe11 riod’’ for ‘‘52-week period’’ each place 

12 it appears; and 

13 (B) by applying and administering sub14 section (g) as if it read as follows: 

15 ‘‘(g) PAYMENT OF TRADE READJUSTMENT ALLOW16 ANCES TO COMPLETE TRAINING.—Notwithstanding any 

17 other provision of this section, in order to assist an ad18 versely affected worker to complete training approved for 

19 the worker under section 236 that leads to the completion 

20 of a degree or industry-recognized credential, payments 

21 may be made as trade readjustment allowances for not 

22 more than 13 weeks within such period of eligibility as 

23 the Secretary may prescribe to account for a break in 

24 training or for justifiable cause that follows the last week 


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1 for which the worker is otherwise entitled to a trade read2 justment allowance under this chapter if— 

3 ‘‘(1) payment of the trade readjustment allow4 ance for not more than 13 weeks is necessary for the 

5 worker to complete the training; 

6 ‘‘(2) the worker participates in training in each 

7 such week; and 

8 ‘‘(3) the worker— 

9 ‘‘(A) has substantially met the perform10 ance benchmarks established as part of the 

11 training approved for the worker; 

12 ‘‘(B) is expected to continue to make 

13 progress toward the completion of the training; 

14 and 

15 ‘‘(C) will complete the training during that 

16 period of eligibility.’’; 

17 (3) section 245(a) of that Act shall be applied 

18 and administered by substituting ‘‘June 30, 2022’’ 

19 for ‘‘December 31, 2007’’; 

20 (4) section 246(b)(1) of that Act shall be ap21 plied and administered by substituting ‘‘June 30, 

22 2022’’ for ‘‘the date that is 5 years’’ and all that fol23 lows through ‘‘State’’; 

24 (5) section 256(b) of that Act shall be applied 

25 and administered by substituting ‘‘the 1-year period 


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1 beginning on July 1, 2021’’ for ‘‘each of fiscal years 

2 2003 through 2007, and $4,000,000 for the 3- 

3 month period beginning on October 1, 2007’’; 

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

5 and administered by substituting ‘‘the 1-year period 

6 beginning on July 1, 2021’’ for ‘‘each of the fiscal 

7 years’’ and all that follows through ‘‘October 1, 

8 2007’’; and 

9 (7) section 285 of that Act shall be applied and 

10 administered— 

11 (A) in subsection (a), by substituting 

12 ‘‘June 30, 2022’’ for ‘‘December 31, 2007’’ 

13 each place it appears; and 

14 (B) by applying and administering sub15 section (b) as if it read as follows: 

16 ‘‘(b) OTHER ASSISTANCE.— 

17 ‘‘(1) ASSISTANCE FOR FIRMS.— 

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

19 subparagraph (B), assistance may not be pro20 vided under chapter 3 after June 30, 2022. 

21 ‘‘(B) EXCEPTION.—Notwithstanding sub22 paragraph (A), any assistance approved under 

23 chapter 3 pursuant to a petition filed under sec24 tion 251 on or before June 30, 2022, may be 

25 provided— 


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

2 pursuant to such chapter for such purpose; 

3 and 

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

5 assistance is otherwise eligible to receive 

6 such assistance. 

7 ‘‘(2) FARMERS.— 

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

9 subparagraph (B), assistance may not be pro10 vided under chapter 6 after June 30, 2022. 

11 ‘‘(B) EXCEPTION.—Notwithstanding sub12 paragraph (A), any assistance approved under 

13 chapter 6 on or before June 30, 2022, may be 

14 provided— 

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

16 pursuant to such chapter for such purpose; 

17 and 

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

19 assistance is otherwise eligible to receive 

20 such assistance.’’. 

21 (b) EXCEPTIONS.—The provisions of chapters 2, 3, 

22 5, and 6 of title II of the Trade Act of 1974, as in effect 

23 on the date of the enactment of this Act, shall continue 

24 to apply on and after July 1, 2021, with respect to— 


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1 (1) workers certified as eligible for trade adjust2 ment assistance benefits under chapter 2 of title II 

3 of that Act pursuant to petitions filed under section 

4 221 of that Act before July 1, 2021; 

5 (2) firms certified as eligible for technical as6 sistance or grants under chapter 3 of title II of that 

7 Act pursuant to petitions filed under section 251 of 

8 that Act before July 1, 2021; and 

9 (3) agricultural commodity producers certified 

10 as eligible for technical or financial assistance under 

11 chapter 6 of title II of that Act pursuant to petitions 

12 filed under section 292 of that Act before July 1, 

13 2021. 

14 SEC. 7. EXTENSION AND MODIFICATION OF HEALTH COV15 ERAGE TAX CREDIT. 

16 (a) EXTENSION.—Subparagraph (B) of section 

17 35(b)(1) of the Internal Revenue Code of 1986 is amended 

18 by striking ‘‘before January 1, 2014’’ and inserting ‘‘be19 fore January 1, 2020’’. 

20 (b) COORDINATION WITH CREDIT FOR COVERAGE

21 UNDER A QUALIFIED HEALTH PLAN.—Subsection (g) of 

22 section 35 of the Internal Revenue Code of 1986 is amend23 ed— 

24 (1) by redesignating paragraph (11) as para25 graph (13), and 


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1 (2) by inserting after paragraph (10) the fol2 lowing new paragraphs: 

3 ‘‘(11) ELECTION.— 

4 ‘‘(A) IN GENERAL.—This section shall not 

5 apply to any taxpayer for any eligible coverage 

6 month unless such taxpayer elects the applica7 tion of this section for such month. 

8 ‘‘(B) TIMING AND APPLICABILITY OF

9 ELECTION.—Except as the Secretary may pro10 vide— 

11 ‘‘(i) an election to have this section 

12 apply for any eligible coverage month in a 

13 taxable year shall be made not later than 

14 the due date (including extensions) for the 

15 return of tax for the taxable year, and 

16 ‘‘(ii) any election for this section to 

17 apply for an eligible coverage month shall 

18 apply for all subsequent eligible coverage 

19 months in the taxable year and, once 

20 made, shall be irrevocable with respect to 

21 such months. 

22 ‘‘(12) COORDINATION WITH PREMIUM TAX

23 CREDIT.— 

24 ‘‘(A) IN GENERAL.—An eligible coverage 

25 month to which the election under paragraph 


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1 (11) applies shall not be treated as a coverage 

2 month (as defined in section 36B(c)(2)) for 

3 purposes of section 36B with respect to the tax4 payer. 

5 ‘‘(B) COORDINATION WITH ADVANCE PAY6 MENTS OF PREMIUM TAX CREDIT.—In the case 

7 of a taxpayer who makes the election under 

8 paragraph (11) with respect to any eligible cov9 erage month in a taxable year or on behalf of 

10 whom any advance payment is made under sec11 tion 7527 with respect to any month in such 

12 taxable year— 

13 ‘‘(i) the tax imposed by this chapter 

14 for the taxable year shall be increased by 

15 the excess, if any, of— 

16 ‘‘(I) the sum of any advance pay17 ments made on behalf of the taxpayer 

18 under section 1412 of the Patient 

19 Protection and Affordable Care Act 

20 and section 7527 for months during 

21 such taxable year, over 

22 ‘‘(II) the sum of the credits al23 lowed under this section (determined 

24 without regard to paragraph (1)) and 

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1 gard to subsection (f)(1) thereof) for 

2 such taxable year, and 

3 ‘‘(ii) section 36B(f)(2) shall not apply 

4 with respect to such taxpayer for such tax5 able year, except that if such taxpayer re6 ceived any advance payments under section 

7 7527 for any month in such taxable year 

8 and is later allowed a credit under section 

9 36B for such taxable year, then section 

10 36B(f)(2)(B) shall be applied by sub11 stituting the amount determined under 

12 clause (i) for the amount determined under 

13 section 36B(f)(2)(A).’’. 

14 (c) EXTENSION OF ADVANCE PAYMENT PROGRAM.— 

15 (1) IN GENERAL.—Subsection (a) of section 

16 7527 of the Internal Revenue Code of 1986 is 

17 amended by striking ‘‘August 1, 2003’’ and insert18 ing ‘‘the date that is 1 year after the date of the en19 actment of the Trade Adjustment Assistance Reau20 thorization Act of 2015’’. 

21 (2) CONFORMING AMENDMENT.—Paragraph (1) 

22 of section 7527(e) of such Code is amended by strik23 ing ‘‘occurring’’ and all that follows and inserting 

24 ‘‘occurring— 


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1 ‘‘(A) after the date that is 1 year after the 

2 date of the enactment of the Trade Adjustment 

3 Assistance Reauthorization Act of 2015, and 

4 ‘‘(B) prior to the first month for which an 

5 advance payment is made on behalf of such in6 dividual under subsection (a).’’. 

7 (d) INDIVIDUAL INSURANCE TREATED AS QUALIFIED

8 HEALTH INSURANCE WITHOUT REGARD TO ENROLL9 MENT DATE.— 

10 (1) IN GENERAL.—Subparagraph (J) of section 

11 35(e)(1) of the Internal Revenue Code of 1986 is 

12 amended by striking ‘‘insurance if the eligible indi13 vidual’’ and all that follows through ‘‘For purposes 

14 of’’ and inserting ‘‘insurance. For purposes of’’. 

15 (2) SPECIAL RULE.—Subparagraph (J) of sec16 tion 35(e)(1) of such Code, as amended by para17 graph (1), is amended by striking ‘‘insurance.’’ and 

18 inserting ‘‘insurance (other than coverage enrolled in 

19 through an Exchange established under the Patient 

20 Protection and Affordable Care Act).’’. 

21 (e) CONFORMING AMENDMENT.—Subsection (m) of 

22 section 6501 of the Internal Revenue Code of 1986 is 

23 amended by inserting ‘‘, 35(g)(11)’’ after ‘‘30D(e)(4)’’. 

24 (f) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by this section 

3 shall apply to coverage months in taxable years be4 ginning after December 31, 2013. 

5 (2) PLANS AVAILABLE ON INDIVIDUAL MARKET

6 FOR USE OF TAX CREDIT.—The amendment made 

7 by subsection (d)(2) shall apply to coverage months 

8 in taxable years beginning after December 31, 2015. 

9 (3) TRANSITION RULE.—Notwithstanding sec10 tion 35(g)(11)(B)(i) of the Internal Revenue Code of 

11 1986 (as added by this Act), an election to apply 

12 section 35 of such Code to an eligible coverage 

13 month (as defined in section 35(b) of such Code) 

14 (and not to claim the credit under section 36B of 

15 such Code with respect to such month) in a taxable 

16 year beginning after December 31, 2013, and before 

17 the date of the enactment of this Act— 

18 (A) may be made at any time on or after 

19 such date of enactment and before the expira20 tion of the 3-year period of limitation pre21 scribed in section 6511(a) with respect to such 

22 taxable year; and 

23 (B) may be made on an amended return. 

24 (g) AGENCY OUTREACH.—As soon as possible after 

25 the date of the enactment of this Act, the Secretaries of 


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1 the Treasury, Health and Human Services, and Labor (or 

2 such Secretaries’ delegates) and the Director of the Pen3 sion Benefit Guaranty Corporation (or the Director’s dele4 gate) shall carry out programs of public outreach, includ5 ing on the Internet, to inform potential eligible individuals 

6 (as defined in section 35(c)(1) of the Internal Revenue 

7 Code of 1986) of the extension of the credit under section 

8 35 of the Internal Revenue Code of 1986 and the avail9 ability of the election to claim such credit retroactively for 

10 coverage months beginning after December 31, 2013. 

11 SEC. 8. CUSTOMS USER FEES. 

12 (a) IN GENERAL.—Section 13031(j)(3) of the Con13 solidated Omnibus Budget Reconciliation Act of 1985 (19 

14 U.S.C. 58c(j)(3)) is amended— 

15 (1) in subparagraph (B)(i), by striking ‘‘Sep16 tember 30, 2024’’ and inserting ‘‘September 30, 

17 2025’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(D) Fees may be charged under paragraphs (9) and 

20 (10) of subsection (a) during the period beginning on July 

21 29, 2025, and ending on September 30, 2025.’’. 

22 (b) RATE FOR MERCHANDISE PROCESSING FEES.— 

23 Section 503 of the United States–Korea Free Trade 

24 Agreement Implementation Act (Public Law 112–41; 125 

25 Stat. 460) is amended by adding at the end the following: 


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1 ‘‘(c) FURTHER ADDITIONAL PERIOD.—For the pe2 riod beginning on July 15, 2025, and ending on Sep3 tember 30, 2025, section 13031(a)(9) of the Consolidated 

4 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

5 58c(a)(9)) shall be applied and administered— 

6 ‘‘(1) in subparagraph (A), by substituting 

7 ‘0.3464’ for ‘0.21’; and 

8 ‘‘(2) in subparagraph (B)(i), by substituting 

9 ‘0.3464’ for ‘0.21’.’’. 

10 SEC. 9. CHILD TAX CREDIT NOT REFUNDABLE FOR TAX11 PAYERS ELECTING TO EXCLUDE FOREIGN 

12 EARNED INCOME FROM TAX. 

13 (a) IN GENERAL.—Section 24(d) of the Internal Rev14 enue Code of 1986 is amended by adding at the end the 

15 following new paragraph: 

16 ‘‘(5) EXCEPTION FOR TAXPAYERS EXCLUDING

17 FOREIGN EARNED INCOME.—Paragraph (1) shall not 

18 apply to any taxpayer for any taxable year if such 

19 taxpayer elects to exclude any amount from gross in20 come under section 911 for such taxable year.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 this section shall apply to taxable years beginning after 

23 December 31, 2014. 


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1 SEC. 10. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

2 TAXES. 

3 Notwithstanding section 6655 of the Internal Rev4 enue Code of 1986, in the case of a corporation with assets 

5 of not less than $1,000,000,000 (determined as of the end 

6 of the preceding taxable year)— 

7 (1) the amount of any required installment of 

8 corporate estimated tax which is otherwise due in 

9 July, August, or September of 2020 shall be in10 creased by 2.75 percent of such amount (determined 

11 without regard to any increase in such amount not 

12 contained in such Code); and 

13 (2) the amount of the next required installment 

14 after an installment referred to in paragraph (1) 

15 shall be appropriately reduced to reflect the amount 

16 of the increase by reason of such paragraph. 

17 SEC. 11. COVERAGE AND PAYMENT FOR RENAL DIALYSIS 

18 SERVICES FOR INDIVIDUALS WITH ACUTE 

19 KIDNEY INJURY. 

20 (a) COVERAGE.—Section 1861(s)(2)(F) of the Social 

21 Security Act (42 U.S.C. 1395x(s)(2)(F)) is amended by 

22 inserting before the semicolon the following: ‘‘, including 

23 such renal dialysis services furnished on or after January 

24 1, 2017, by a renal dialysis facility or provider of services 

25 paid under section 1881(b)(14) to an individual with acute 

26 kidney injury (as defined in section 1834(r)(2))’’. 


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1 (b) PAYMENT.—Section 1834 of the Social Security 

2 Act (42 U.S.C. 1395m) is amended by adding at the end 

3 the following new subsection: 

4 ‘‘(r) PAYMENT FOR RENAL DIALYSIS SERVICES FOR

5 INDIVIDUALS WITH ACUTE KIDNEY INJURY.— 

6 ‘‘(1) PAYMENT RATE.—In the case of renal di7 alysis services (as defined in subparagraph (B) of 

8 section 1881(b)(14)) furnished under this part by a 

9 renal dialysis facility or provider of services paid 

10 under such section during a year (beginning with 

11 2017) to an individual with acute kidney injury (as 

12 defined in paragraph (2)), the amount of payment 

13 under this part for such services shall be the base 

14 rate for renal dialysis services determined for such 

15 year under such section, as adjusted by any applica16 ble geographic adjustment factor applied under sub17 paragraph (D)(iv)(II) of such section and may be 

18 adjusted by the Secretary (on a budget neutral basis 

19 for payments under this paragraph) by any other 

20 adjustment factor under subparagraph (D) of such 

21 section. 

22 ‘‘(2) INDIVIDUAL WITH ACUTE KIDNEY INJURY

23 DEFINED.—In this subsection, the term ‘individual 

24 with acute kidney injury’ means an individual who 

25 has acute loss of renal function and does not receive 


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1 renal dialysis services for which payment is made 

2 under section 1881(b)(14).’’. 

3 SEC. 12. MODIFICATION OF THE MEDICARE SEQUESTER 

4 FOR FISCAL YEAR 2024. 

5 Section 251A(6)(D)(ii) of the Balanced Budget and 

6 Emergency Deficit Control Act of 1985 (2 U.S.C. 

7 901a(6)(D)(ii)) is amended by striking ‘‘0.0 percent’’ and 

8 inserting ‘‘0.25 percent’’. 


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Calendar No. 75 

114TH CONGRESS 

1ST SESSION S. 1268 

A BILL 

To extend the trade adjustment assistance 

program, and for other purposes. 

MAY 11, 2015 

Read twice and placed on the calendar 


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