IB 

Union Calendar No. 76 

114TH CONGRESS 

1ST SESSION H. R. 1892 

[Report No. 114–108, Part I] 

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 17, 2015 

Mr. REICHERT (for himself, Mr. REED, and Mr. MEEHAN) introduced the following bill; which was referred to the Committee on Ways and Means, 

and in addition to the Committees on Energy and Commerce and the 

Budget, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

MAY 8, 2015 

Reported from the Committee on Ways and Means with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 8, 2015 

The Committees on Energy and Commerce and the Budget discharged; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 17, 2015] 


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A BILL 

To extend the trade adjustment assistance program, and 

for other purposes. 


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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’’. 

6 SEC. 2. APPLICATION OF PROVISIONS RELATING TO TRADE 

7 ADJUSTMENT ASSISTANCE. 

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

9 Adjustment Assistance Extension Act of 2011 (Public Law 

10 112–40; 125 Stat. 416) is repealed. 

11 (b) APPLICABILITY OF CERTAIN PROVISIONS.—Except 

12 as otherwise provided in this Act, the provisions of chapters 

13 2 through 6 of title II of the Trade Act of 1974, as in effect 

14 on December 31, 2013, and as amended by this Act, shall— 

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

16 this Act; and 

17 (2) apply to petitions for certification filed 

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

19 of 1974 on or after such date of enactment. 

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

21 this Act, whenever in this Act an amendment or repeal is 

22 expressed in terms of an amendment to, or repeal of, a pro23 vision of chapters 2 through 6 of title II of the Trade Act 

24 of 1974, the reference shall be considered to be made to a 


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1 provision of any such chapter, as in effect on December 31, 

2 2013. 

3 SEC. 3. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE 

4 PROGRAM. 

5 (a) EXTENSION OF TERMINATION PROVISIONS.—Sec6 tion 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) 

7 is amended by striking ‘‘December 31, 2013’’ each place it 

8 appears and inserting ‘‘June 30, 2021’’. 

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

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

11 by striking ‘‘shall not exceed’’ and all that follows and in12 serting ‘‘shall not exceed $450,000,000 for each of fiscal 

13 years 2015 through 2021.’’. 

14 (c) REEMPLOYMENT TRADE ADJUSTMENT ASSIST15 ANCE.—Section 246(b)(1) of the Trade Act of 1974 (19 

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

17 2013’’ and inserting ‘‘June 30, 2021’’. 

18 (d) AUTHORIZATIONS OF APPROPRIATIONS.— 

19 (1) TRADE ADJUSTMENT ASSISTANCE FOR WORK20 ERS.—Section 245(a) of the Trade Act of 1974 (19 

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

22 31, 2013’’ and inserting ‘‘June 30, 2021’’. 

23 (2) TRADE ADJUSTMENT ASSISTANCE FOR

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

25 U.S.C. 2345(a)) is amended by striking ‘‘fiscal years 


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1 2012 and 2013’’ and all that follows through ‘‘Decem2 ber 31, 2013’’ and inserting ‘‘fiscal years 2015 

3 through 2021’’. 

4 (3) TRADE ADJUSTMENT ASSISTANCE FOR FARM5 ERS.—Section 298(a) of the Trade Act of 1974 (19 

6 U.S.C. 2401g(a)) is amended by striking ‘‘fiscal years 

7 2012 and 2013’’ and all that follows through ‘‘Decem8 ber 31, 2013’’ and inserting ‘‘fiscal years 2015 

9 through 2021’’. 

10 SEC. 4. PERFORMANCE MEASUREMENT AND REPORTING. 

11 (a) PERFORMANCE MEASURES.—Section 239(j) of the 

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

13 (1) in the subsection heading, by striking ‘‘DATA

14 REPORTING’’ and inserting ‘‘PERFORMANCE MEAS15 URES’’; 

16 (2) in paragraph (1)— 

17 (A) in the matter preceding subparagraph 

18 (A)— 

19 (i) by striking ‘‘a quarterly’’ and in20 serting ‘‘an annual’’; and 

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

22 ‘‘measures’’; 

23 (B) in subparagraph (A), by striking ‘‘core’’ 

24 and inserting ‘‘primary’’; and 


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1 (C) in subparagraph (C), by inserting ‘‘that 

2 promote efficiency and effectiveness’’ after ‘‘as3 sistance program’’; 

4 (3) in paragraph (2)— 

5 (A) in the paragraph heading, by striking 

6 ‘‘CORE INDICATORS DESCRIBED’’ and inserting 

7 ‘‘INDICATORS OF PERFORMANCE’’; and 

8 (B) by striking subparagraph (A) and in9 serting the following: 

10 ‘‘(A) PRIMARY INDICATORS OF PERFORM11 ANCE DESCRIBED.— 

12 ‘‘(i) IN GENERAL.—The primary indi13 cators of performance referred to in para14 graph (1)(A) shall consist of— 

15 ‘‘(I) the percentage and number of 

16 workers who received benefits under the 

17 trade adjustment assistance program 

18 who are in unsubsidized employment 

19 during the second calendar quarter 

20 after exit from the program; 

21 ‘‘(II) the percentage and number 

22 of workers who received benefits under 

23 the trade adjustment assistance pro24 gram and who are in unsubsidized emVerDate Sep 11 2014 21:06 May 08, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1892.RH H1892

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1 ployment during the fourth calendar 

2 quarter after exit from the program; 

3 ‘‘(III) the median earnings of 

4 workers described in subclause (I); 

5 ‘‘(IV) the percentage and number 

6 of workers who received benefits under 

7 the trade adjustment assistance pro8 gram who, subject to clause (ii), obtain 

9 a recognized postsecondary credential 

10 or a secondary school diploma or its 

11 recognized equivalent, during partici12 pation in the program or within one 

13 year after exit from the program; and 

14 ‘‘(V) the percentage and number 

15 of workers who received benefits under 

16 the trade adjustment assistance pro17 gram who, during a year while receiv18 ing such benefits, are in an education 

19 or training program that leads to a 

20 recognized postsecondary credential or 

21 employment and who are achieving 

22 measurable gains in skills toward such 

23 a credential or employment. 

24 ‘‘(ii) INDICATOR RELATING TO CRE25 DENTIAL.—For purposes of clause (i)(IV), a 


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1 worker who received benefits under the trade 

2 adjustment assistance program who ob3 tained a secondary school diploma or its 

4 recognized equivalent shall be included in 

5 the percentage counted for purposes of that 

6 clause only if the worker, in addition to ob7 taining such a diploma or its recognized 

8 equivalent, has obtained or retained em9 ployment or is in an education or training 

10 program leading to a recognized postsec11 ondary credential within one year after exit 

12 from the program.’’; 

13 (4) in paragraph (3)— 

14 (A) in the paragraph heading, by striking 

15 ‘‘DATA’’ and inserting ‘‘MEASURES’’; 

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

17 ‘‘annual’’; and 

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

19 ‘‘measures’’; and 

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

21 ‘‘(4) ACCESSIBILITY OF STATE PERFORMANCE

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

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

24 easily understandable format, the reports of cooper25 ating States or cooperating State agencies required by 


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1 paragraph (1) and the information contained in those 

2 reports.’’. 

3 (b) COLLECTION AND PUBLICATION OF DATA.—Sec4 tion 249B of the Trade Act of 1974 (19 U.S.C. 2323) is 

5 amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (3)— 

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

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

10 (ii) in subparagraph (B)— 

11 (I) by striking ‘‘complete’’ and in12 serting ‘‘exited’’; and 

13 (II) by striking ‘‘who were en14 rolled in’’ and inserting ‘‘, including 

15 who received’’; 

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

17 ‘‘complete’’ and inserting ‘‘exited’’; 

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

19 ‘‘complete’’ and inserting ‘‘exit’’; and 

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

21 ‘‘(G) The average cost per worker of receiv22 ing training approved under section 236. 

23 ‘‘(H) The percentage of workers who re24 ceived training approved under section 236 and 


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1 obtained unsubsidized employment in a field re2 lated to that training.’’; and 

3 (B) in paragraph (4)— 

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

5 striking ‘‘quarterly’’ each place it appears 

6 and inserting ‘‘annual’’; and 

7 (ii) by striking subparagraph (C) and 

8 inserting the following: 

9 ‘‘(C) The median earnings of workers de10 scribed in section 239(j)(2)(A)(i)(III) during the 

11 second calendar quarter after exit from the pro12 gram, expressed as a percentage of the median 

13 earnings of such workers before the calendar 

14 quarter in which such workers began receiving 

15 benefits under this chapter.’’; and 

16 (2) in subsection (e)— 

17 (A) in paragraph (1)— 

18 (i) by redesignating subparagraphs (B) 

19 and (C) as subparagraphs (C) and (D), re20 spectively; and 

21 (ii) by inserting after subparagraph 

22 (A) the following: 

23 ‘‘(B) the reports required under section 

24 239(j);’’; and 


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1 (B) in paragraph (2), by striking ‘‘a quar2 terly’’ and inserting ‘‘an annual’’. 

3 (c) RECOGNIZED POSTSECONDARY CREDENTIAL DE4 FINED.—Section 247 of the Trade Act of 1974 (19 U.S.C. 

5 2319) is amended by adding at the end the following: 

6 ‘‘(19) The term ‘recognized postsecondary creden7 tial’ means a credential consisting of an industry-rec8 ognized certificate or certification, a certificate of 

9 completion of an apprenticeship, a license recognized 

10 by a State or the Federal Government, or an associate 

11 or baccalaureate degree.’’. 

12 SEC. 5. APPLICABILITY OF TRADE ADJUSTMENT ASSIST13 ANCE PROVISIONS. 

14 (a) TRADE ADJUSTMENT ASSISTANCE FOR WORK15 ERS.— 

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

17 2014, AND BEFORE DATE OF ENACTMENT.— 

18 (A) CERTIFICATIONS OF WORKERS NOT CER19 TIFIED BEFORE DATE OF ENACTMENT.— 

20 (i) CRITERIA IF A DETERMINATION

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

22 the enactment of this Act, the Secretary of 

23 Labor has not made a determination with 

24 respect to whether to certify a group of 

25 workers as eligible to apply for adjustment 


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1 assistance under section 222 of the Trade 

2 Act of 1974 pursuant to a petition described 

3 in clause (iii), the Secretary shall make 

4 that determination based on the require5 ments of section 222 of the Trade Act of 

6 1974, as in effect on such date of enactment. 

7 (ii) RECONSIDERATION OF DENIALS OF

8 CERTIFICATIONS.—If, before the date of the 

9 enactment of this Act, the Secretary made a 

10 determination not to certify a group of 

11 workers as eligible to apply for adjustment 

12 assistance under section 222 of the Trade 

13 Act of 1974 pursuant to a petition described 

14 in clause (iii), the Secretary shall— 

15 (I) reconsider that determination; 

16 and 

17 (II) if the group of workers meets 

18 the requirements of section 222 of the 

19 Trade Act of 1974, as in effect on such 

20 date of enactment, certify the group of 

21 workers as eligible to apply for adjust22 ment assistance. 

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

25 a certification of eligibility for a group of 


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1 workers filed under section 221 of the Trade 

2 Act of 1974 on or after January 1, 2014, 

3 and before the date of the enactment of this 

4 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 pursu10 ant to a petition described in subparagraph 

11 (A)(iii) shall be eligible, on and after the 

12 date that is 90 days after the date of the en13 actment of this Act, to receive benefits only 

14 under the provisions of chapter 2 of title II 

15 of the Trade Act of 1974, as in effect on 

16 such date of enactment. 

17 (ii) COMPUTATION OF MAXIMUM BENE18 FITS.—Benefits received by a worker de19 scribed in clause (i) under chapter 2 of title 

20 II of the Trade Act of 1974 before the date 

21 of the enactment of this Act shall be in22 cluded in any determination of the max23 imum benefits for which the worker is eligi24 ble under the provisions of chapter 2 of title 


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1 II of the Trade Act of 1974, as in effect on 

2 the date of the enactment of this 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 under 

6 section 221 of the Trade Act of 1974 on or before De7 cember 31, 2013, shall continue to be eligible to apply 

8 for and receive benefits under the provisions of chap9 ter 2 of title II of such Act, as in effect on December 

10 31, 2013. 

11 (3) QUALIFYING SEPARATIONS WITH RESPECT TO

12 PETITIONS FILED WITHIN 90 DAYS OF DATE OF EN13 ACTMENT.—Section 223(b) of the Trade Act of 1974, 

14 as in effect on the date of the enactment of this Act, 

15 shall be applied and administered by substituting 

16 ‘‘before January 1, 2014’’ for ‘‘more than one year be17 fore the date of the petition on which such certifi18 cation was granted’’ for purposes of determining 

19 whether a worker is eligible to apply for adjustment 

20 assistance pursuant to a petition filed under section 

21 221 of the Trade Act of 1974 on or after the date of 

22 the enactment of this Act and on or before the date 

23 that is 90 days after such date of enactment. 

24 (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 enact5 ment of this Act, the Secretary of Commerce has 

6 not made a determination with respect to wheth7 er to certify a firm as eligible to apply for ad8 justment 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 CER15 TAIN PETITIONS.—If, before the date of the enact16 ment of this Act, the Secretary made a deter17 mination 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 peti20 tion 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, as 

25 in effect on such date of enactment, certify 


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1 the firm as eligible to apply for adjustment 

2 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 Act 

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

8 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 as15 sistance under section 251 of the Trade Act of 

16 1974, as in effect on the date of the enactment 

17 of this Act, if the firm or its representative files 

18 a petition for a certification of eligibility under 

19 section 251 of the Trade Act of 1974 not later 

20 than 90 days after such date of enactment. 

21 (B) FIRM DESCRIBED.—A firm described in 

22 this subparagraph is a firm that the Secretary 

23 determines would have been certified as eligible 

24 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 of 

4 1974 on a date during the period beginning 

5 on January 1, 2014, and ending on the day 

6 before the date of the enactment of this Act; 

7 and 

8 (ii) the provisions of chapter 3 of title 

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

10 such date of enactment, had been in effect 

11 on that date during the period described in 

12 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 1974 

17 (19 U.S.C. 2271 et seq.), as in effect on January 1, 2014, 

18 shall be in effect and apply, except that in applying and 

19 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 more 

22 than 13 weeks within such period of eligibility as the Sec23 retary may prescribe to account for a break in training 

24 or for justifiable cause that follows the last week for which 


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1 the worker is otherwise entitled to a trade readjustment al2 lowance 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 performance 

10 benchmarks established as part of the training 

11 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’’ for 

19 ‘‘December 31, 2007’’; 

20 (4) section 246(b)(1) of that Act shall be applied 

21 and administered by substituting ‘‘June 30, 2022’’ for 

22 ‘‘the date that is 5 years’’ and all that follows through 

23 ‘‘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-month 

3 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 ‘‘June 

12 30, 2022’’ for ‘‘December 31, 2007’’ each place it 

13 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 pro25 vided— 


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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, 5, 

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

23 the date of the enactment of this Act, shall continue to apply 

24 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 of 

3 that Act pursuant to petitions filed under section 221 

4 of that Act before July 1, 2021; 

5 (2) firms certified as eligible for technical assist6 ance or grants under chapter 3 of title II of that Act 

7 pursuant to petitions filed under section 251 of that 

8 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 ‘‘before 

19 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 ELEC9 TION.—Except as the Secretary may provide— 

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

11 apply for any eligible coverage month in a 

12 taxable year shall be made not later than 

13 the due date (including extensions) for the 

14 return of tax for the taxable year, and 

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

16 apply for an eligible coverage month shall 

17 apply for all subsequent eligible coverage 

18 months in the taxable year and, once made, 

19 shall be irrevocable with respect to such 

20 months. 

21 ‘‘(12) COORDINATION WITH PREMIUM TAX CRED22 IT.— 

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

24 month to which the election under paragraph 

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


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1 month (as defined in section 36B(c)(2)) for pur2 poses of section 36B with respect to the taxpayer. 

3 ‘‘(B) COORDINATION WITH ADVANCE PAY4 MENTS OF PREMIUM TAX CREDIT.—In the case of 

5 a taxpayer who makes the election under para6 graph (11) with respect to any eligible coverage 

7 month in a taxable year or on behalf of whom 

8 any advance payment is made under section 

9 7527 with respect to any month in such taxable 

10 year— 

11 ‘‘(i) the tax imposed by this chapter for 

12 the taxable year shall be increased by the 

13 excess, if any, of— 

14 ‘‘(I) the sum of any advance pay15 ments made on behalf of the taxpayer 

16 under section 1412 of the Patient Pro17 tection and Affordable Care Act and 

18 section 7527 for months during such 

19 taxable year, over 

20 ‘‘(II) the sum of the credits al21 lowed under this section (determined 

22 without regard to paragraph (1)) and 

23 section 36B (determined without re24 gard to subsection (f)(1) thereof) for 

25 such taxable year, and 


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

2 with respect to such taxpayer for such tax3 able year, except that if such taxpayer re4 ceived any advance payments under section 

5 7527 for any month in such taxable year 

6 and is later allowed a credit under section 

7 36B for such taxable year, then section 

8 36B(f)(2)(B) shall be applied by sub9 stituting the amount determined under 

10 clause (i) for the amount determined under 

11 section 36B(f)(2)(A).’’. 

12 (c) EXTENSION OF ADVANCE PAYMENT PROGRAM.— 

13 (1) IN GENERAL.—Subsection (a) of section 7527 

14 of the Internal Revenue Code of 1986 is amended by 

15 striking ‘‘August 1, 2003’’ and inserting ‘‘the date 

16 that is 1 year after the date of the enactment of the 

17 Trade Adjustment Assistance Reauthorization Act of 

18 2015’’. 

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

20 of section 7527(e) of such Code is amended by striking 

21 ‘‘occurring’’ and all that follows and inserting ‘‘occur22 ring— 

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

24 date of the enactment of the Trade Adjustment 

25 Assistance Reauthorization Act of 2015, and 


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

2 advance payment is made on behalf of such indi3 vidual under subsection (a).’’. 

4 (d) INDIVIDUAL INSURANCE TREATED AS QUALIFIED

5 HEALTH INSURANCE WITHOUT REGARD TO ENROLLMENT

6 DATE.— 

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

8 35(e)(1) of the Internal Revenue Code of 1986 is 

9 amended by striking ‘‘insurance if the eligible indi10 vidual’’ and all that follows through ‘‘For purposes 

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

12 (2) SPECIAL RULE.—Subparagraph (J) of sec13 tion 35(e)(1) of such Code, as amended by paragraph 

14 (1), is amended by striking ‘‘insurance.’’ and insert15 ing ‘‘insurance (other than coverage enrolled in 

16 through an Exchange established under the Patient 

17 Protection and Affordable Care Act).’’. 

18 (e) CONFORMING AMENDMENT.—Subsection (m) of sec19 tion 6501 of the Internal Revenue Code of 1986 is amended 

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

21 (f) EFFECTIVE DATE.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the amendments made by this section shall 

24 apply to coverage months in taxable years beginning 

25 after December 31, 2013. 


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1 (2) PLANS AVAILABLE ON INDIVIDUAL MARKET

2 FOR USE OF TAX CREDIT.—The amendment made by 

3 subsection (d)(2) shall apply to coverage months in 

4 taxable years beginning after December 31, 2015. 

5 (3) TRANSITION RULE.—Notwithstanding section 

6 35(g)(11)(B)(i) of the Internal Revenue Code of 1986 

7 (as added by this Act), an election to apply section 

8 35 of such Code to an eligible coverage month (as de9 fined in section 35(b) of such Code) (and not to claim 

10 the credit under section 36B of such Code with respect 

11 to such month) in a taxable year beginning after De12 cember 31, 2013, and before the date of the enactment 

13 of this Act— 

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

15 such date of enactment and before the expiration 

16 of the 3-year period of limitation prescribed in 

17 section 6511(a) with respect to such taxable year; 

18 and 

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

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

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

22 Treasury, Health and Human Services, and Labor (or such 

23 Secretaries’ delegates) and the Director of the Pension Ben24 efit Guaranty Corporation (or the Director’s delegate) shall 

25 carry out programs of public outreach, including on the 


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1 Internet, to inform potential eligible individuals (as defined 

2 in section 35(c)(1) of the Internal Revenue Code of 1986) 

3 of the extension of the credit under section 35 of the Internal 

4 Revenue Code of 1986 and the availability of the election 

5 to claim such credit retroactively for coverage months begin6 ning after December 31, 2013. 

7 SEC. 8. CUSTOMS USER FEES. 

8 (a) IN GENERAL.—Section 13031(j)(3) of the Consoli9 dated Omnibus Budget Reconciliation Act of 1985 (19 

10 U.S.C. 58c(j)(3)) is amended— 

11 (1) in subparagraph (B)(i), by striking ‘‘Sep12 tember 30, 2024’’ and inserting ‘‘September 30, 

13 2025’’; and 

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

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

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

17 29, 2025, and ending on September 30, 2025.’’. 

18 (b) RATE FOR MERCHANDISE PROCESSING FEES.— 

19 Section 503 of the United States–Korea Free Trade Agree20 ment Implementation Act (Public Law 112–41; 125 Stat. 

21 460) is amended by adding at the end the following: 

22 ‘‘(c) FURTHER ADDITIONAL PERIOD.—For the period 

23 beginning on July 15, 2025, and ending on September 30, 

24 2025, section 13031(a)(9) of the Consolidated Omnibus 


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1 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(9)) 

2 shall be applied and administered— 

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

4 ‘0.3464’ for ‘0.21’; and 

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

6 ‘0.3464’ for ‘0.21’.’’. 

7 SEC. 9. CHILD TAX CREDIT NOT REFUNDABLE FOR TAX8 PAYERS ELECTING TO EXCLUDE FOREIGN 

9 EARNED INCOME FROM TAX. 

10 (a) IN GENERAL.—Section 24(d) of the Internal Rev11 enue Code of 1986 is amended by adding at the end the 

12 following new paragraph: 

13 ‘‘(5) EXCEPTION FOR TAXPAYERS EXCLUDING

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

15 apply to any taxpayer for any taxable year if such 

16 taxpayer elects to exclude any amount from gross in17 come under section 911 for such taxable year.’’. 

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

19 section shall apply to taxable years beginning after Decem20 ber 31, 2014. 

21 SEC. 10. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

22 TAXES. 

23 Notwithstanding section 6655 of the Internal Revenue 

24 Code of 1986, in the case of a corporation with assets of 


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

2 the preceding taxable year)— 

3 (1) the amount of any required installment of 

4 corporate estimated tax which is otherwise due in 

5 July, August, or September of 2020 shall be increased 

6 by 2.75 percent of such amount (determined without 

7 regard to any increase in such amount not contained 

8 in such Code); and 

9 (2) the amount of the next required installment 

10 after an installment referred to in paragraph (1) 

11 shall be appropriately reduced to reflect the amount 

12 of the increase by reason of such paragraph. 

13 SEC. 11. COVERAGE AND PAYMENT FOR RENAL DIALYSIS 

14 SERVICES FOR INDIVIDUALS WITH ACUTE 

15 KIDNEY INJURY. 

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

17 Security Act (42 U.S.C. 1395x(s)(2)(F)) is amended by in18 serting before the semicolon the following: ‘‘, including such 

19 renal dialysis services furnished on or after January 1, 

20 2017, by a renal dialysis facility or provider of services 

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

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

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

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

25 the following new subsection: 


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

2 INDIVIDUALS WITH ACUTE KIDNEY INJURY.— 

3 ‘‘(1) PAYMENT RATE.—In the case of renal dialy4 sis services (as defined in subparagraph (B) of section 

5 1881(b)(14)) furnished under this part by a renal di6 alysis facility or provider of services paid under such 

7 section during a year (beginning with 2017) to an in8 dividual with acute kidney injury (as defined in 

9 paragraph (2)), the amount of payment under this 

10 part for such services shall be the base rate for renal 

11 dialysis services determined for such year under such 

12 section, as adjusted by any applicable geographic ad13 justment factor applied under subparagraph 

14 (D)(iv)(II) of such section and may be adjusted by the 

15 Secretary (on a budget neutral basis for payments 

16 under this paragraph) by any other adjustment factor 

17 under subparagraph (D) of such section. 

18 ‘‘(2) INDIVIDUAL WITH ACUTE KIDNEY INJURY

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

20 with acute kidney injury’ means an individual who 

21 has acute loss of renal function and does not receive 

22 renal dialysis services for which payment is made 

23 under section 1881(b)(14).’’. 


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1 SEC. 12. MODIFICATION OF THE MEDICARE SEQUESTER 

2 FOR FISCAL YEAR 2024. 

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

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

5 901a(6)(D)(ii)) is amended by striking ‘‘0.0 percent’’ and 

6 inserting ‘‘0.25 percent’’. 


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Union Calendar No. 76 

114TH CONGRESS 

1ST SESSION H. R. 1892 

[Report No. 114–108, Part I] 

A BILL 

To extend the trade adjustment assistance 

program, and for other purposes. 

MAY 8, 2015 

Reported from the Committee on Ways and Means with 

M

an amendment 

AY 8, 2015 

The Committees on Energy and Commerce and the 

to be printed Whole House on the State of the Union and ordered Budget discharged; committed to the Committee of the 


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