[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1295 Enrolled Bill (ENR)]
H.R.1295
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
To extend the African Growth and Opportunity Act, the Generalized System
of Preferences, the preferential duty treatment program for Haiti, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

18f36d20e33813459db0157b32cd5ad2721e47637aefa1ee3d7b081e8a74bbfa

(a) Short Title.--This Act may be cited as the ``Trade Preferences
Extension Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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articles of beneficiary sub-Saharan African countries under
Generalized System of Preferences.

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TITLE I

-EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT

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articles only for least-developed beneficiary developing
countries under Generalized System of Preferences.

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TITLE II

-EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES

Generalized System of Preferences with respect to articles of
beneficiary developing countries exported to the United States
during calendar year 2014.

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free treatment under the Generalized System of Preferences.

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TITLE IV

-EXTENSION OF TRADE ADJUSTMENT ASSISTANCE

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TITLE V

-IMPROVEMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAWS

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TITLE VII

-MISCELLANEOUS PROVISIONS

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TITLE VIII

-OFFSETS

TINs of individuals with respect to higher education tuition
and related expenses.

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This title may be cited as the ``AGOA Extension and Enhancement Act
of 2015''.

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Congress finds the following:
(1) Since its enactment, the African Growth and Opportunity Act
has been the centerpiece of trade relations between the United
States and sub-Saharan Africa and has enhanced trade, investment,
job creation, and democratic institutions throughout Africa.
(2) Trade and investment, as facilitated by the African Growth
and Opportunity Act, promote economic growth, development, poverty
reduction, democracy, the rule of law, and stability in sub-Saharan
Africa.
(3) Trade between the United States and sub-Saharan Africa has
more than tripled since the enactment of the African Growth and
Opportunity Act in 2000, and United States direct investment in
sub-Saharan Africa has grown almost sixfold.
(4) It is in the interest of the United States to engage and
compete in emerging markets in sub-Saharan African countries, to
boost trade and investment between the United States and sub-
Saharan African countries, and to renew and strengthen the African
Growth and Opportunity Act.
(5) The long-term economic security of the United States is
enhanced by strong economic and political ties with the fastest-
growing economies in the world, many of which are in sub-Saharan
Africa.
(6) It is a goal of the United States to further integrate sub-
Saharan African countries into the global economy, stimulate
economic development in Africa, and diversify sources of growth in
sub-Saharan Africa.
(7) To that end, implementation of the Agreement on Trade
Facilitation of the World Trade Organization would strengthen
regional integration efforts in sub-Saharan Africa and contribute
to economic growth in the region.
(8) The elimination of barriers to trade and investment in sub-
Saharan Africa, including high tariffs, forced localization
requirements, restrictions on investment, and customs barriers,
will create opportunities for workers, businesses, farmers, and
ranchers in the United States and sub-Saharan African countries.
(9) The elimination of such barriers will improve utilization
of the African Growth and Opportunity Act and strengthen regional
and global integration, accelerate economic growth in sub-Saharan
Africa, and enhance the trade relationship between the United
States and sub-Saharan Africa.

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(a) In General.--Section 506B of the Trade Act of 1974 (19 U.S.C.
2466b) is amended by striking ``September 30, 2015'' and inserting
``September 30, 2025''.
(b) African Growth and Opportunity Act.--
(1) In general.--Section 112(g) of the African Growth and
Opportunity Act (19 U.S.C. 3721(g)) is amended by striking
``September 30, 2015'' and inserting ``September 30, 2025''.
(2) Extension of regional apparel article program.--Section
112(b)(3)(A) of the African Growth and Opportunity Act (19 U.S.C.
3721(b)(3)(A)) is amended--
(A) in clause (i), by striking ``11 succeeding'' and
inserting ``21 succeeding''; and
(B) in clause (ii)(II), by striking ``September 30, 2015''
and inserting ``September 30, 2025''.
(3) Extension of third-country fabric program.--Section
112(c)(1) of the African Growth and Opportunity Act (19 U.S.C.
3721(c)(1)) is amended--
(A) in the paragraph heading, by striking ``September 30,
2015'' and inserting ``September 30, 2025'';
(B) in subparagraph (A), by striking ``September 30, 2015''
and inserting ``September 30, 2025''; and
(C) in subparagraph (B)(ii), by striking ``September 30,
2015'' and inserting ``September 30, 2025''.

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FOR ARTICLES OF BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES UNDER
GENERALIZED SYSTEM OF PREFERENCES.
(a) In General.--Section 506A(b)(2) of the Trade Act of 1974 (19
U.S.C. 2466a(b)(2)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) the direct costs of processing operations performed
in one or more such beneficiary sub-Saharan African countries
or former beneficiary sub-Saharan African countries shall be
applied in determining such percentage.''.
(b) Applicability to Articles Receiving Duty-Free Treatment Under
Title V of Trade Act of 1974.--Section 506A(b) of the Trade Act of 1974
(19 U.S.C. 2466a(b)) is amended by adding at the end the following:
``(3) Rules of origin under this title.--The exceptions set
forth in subparagraphs (A), (B), and (C) of paragraph (2) shall
also apply to any article described in section 503(a)(1) that is
the growth, product, or manufacture of a beneficiary sub-Saharan
African country for purposes of any determination to provide duty-
free treatment with respect to such article.''.
(c) Modifications to the Harmonized Tariff Schedule.--The President
may proclaim such modifications as may be necessary to the Harmonized
Tariff Schedule of the United States (HTS) to add the special tariff
treatment symbol ``D'' in the ``Special'' subcolumn of the HTS for each
article classified under a heading or subheading with the special
tariff treatment symbol ``A'' or ``A*'' in the ``Special'' subcolumn of
the HTS.
(d) Effective Date.--The amendments made by subsections (a) and (b)
take effect on the date of the enactment of this Act and apply with
respect to any article described in section 503(b)(1)(B) through (G) of
the Trade Act of 1974 that is the growth, product, or manufacture of a
beneficiary sub-Saharan African country and that is imported into the
customs territory of the United States on or after the date that is 30
days after such date of enactment.

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SYSTEM OF PREFERENCES.
(a) Continuing Compliance.--Section 506A(a)(3) of the Trade Act of
1974 (19 U.S.C. 2466a(a)(3)) is amended--
(1) by striking ``If the President'' and inserting the
following:
``(A) In general.--If the President''; and
(2) by adding at the end the following:
``(B) Notification.--The President may not terminate the
designation of a country as a beneficiary sub-Saharan African
country under subparagraph (A) unless, at least 60 days before
the termination of such designation, the President notifies
Congress and notifies the country of the President's intention
to terminate such designation, together with the considerations
entering into the decision to terminate such designation.''.
(b) Withdrawal, Suspension, or Limitation of Preferential Tariff
Treatment.--Section 506A of the Trade Act of 1974 (19 U.S.C. 2466a) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Withdrawal, Suspension, or Limitation of Preferential Tariff
Treatment.--
``(1) In general.--The President may withdraw, suspend, or
limit the application of duty-free treatment provided for any
article described in subsection (b)(1) of this section or section
112 of the African Growth and Opportunity Act with respect to a
beneficiary sub-Saharan African country if the President determines
that withdrawing, suspending, or limiting such duty-free treatment
would be more effective in promoting compliance by the country with
the requirements described in subsection (a)(1) than terminating
the designation of the country as a beneficiary sub-Saharan African
country for purposes of this section.
``(2) Notification.--The President may not withdraw, suspend,
or limit the application of duty-free treatment under paragraph (1)
unless, at least 60 days before such withdrawal, suspension, or
limitation, the President notifies Congress and notifies the
country of the President's intention to withdraw, suspend, or limit
such duty-free treatment, together with the considerations entering
into the decision to terminate such designation.''.
(c) Review and Public Comments on Eligibility Requirements.--
Section 506A of the Trade Act of 1974 (19 U.S.C. 2466a), as so amended,
is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Review and Public Comments on Eligibility Requirements.--
``(1) In general.--In carrying out subsection (a)(2), the
President shall publish annually in the Federal Register a notice
of review and request for public comments on whether beneficiary
sub-Saharan African countries are meeting the eligibility
requirements set forth in section 104 of the African Growth and
Opportunity Act and the eligibility criteria set forth in section
502 of this Act.
``(2) Public hearing.--The United States Trade Representative
shall, not later than 30 days after the date on which the President
publishes the notice of review and request for public comments
under paragraph (1)--
``(A) hold a public hearing on such review and request for
public comments; and
``(B) publish in the Federal Register, before such hearing
is held, notice of--
``(i) the time and place of such hearing; and
``(ii) the time and place at which such public comments
will be accepted.
``(3) Petition process.--
``(A) In general.--Not later than 60 days after the date of
the enactment of this subsection, the President shall establish
a process to allow any interested person, at any time, to file
a petition with the Office of the United States Trade
Representative with respect to the compliance of any country
listed in section 107 of the African Growth and Opportunity Act
with the eligibility requirements set forth in section 104 of
such Act and the eligibility criteria set forth in section 502
of this Act.
``(B) Use of petitions.--The President shall take into
account all petitions filed pursuant to subparagraph (A) in
making determinations of compliance under subsections (a)(3)(A)
and (c) and in preparing any reports required by this title as
such reports apply with respect to beneficiary sub-Saharan
African countries.
``(4) Out-of-cycle reviews.--
``(A) In general.--The President may, at any time, initiate
an out-of-cycle review of whether a beneficiary sub-Saharan
African country is making continual progress in meeting the
requirements described in paragraph (1). The President shall
give due consideration to petitions received under paragraph
(3) in determining whether to initiate an out-of-cycle review
under this subparagraph.
``(B) Congressional notification.--Before initiating an
out-of-cycle review under subparagraph (A), the President shall
notify and consult with Congress.
``(C) Consequences of review.--If, pursuant to an out-of-
cycle review conducted under subparagraph (A), the President
determines that a beneficiary sub-Saharan African country does
not meet the requirements set forth in section 104(a) of the
African Growth and Opportunity Act (19 U.S.C. 3703(a)), the
President shall, subject to the requirements of subsections
(a)(3)(B) and (c)(2), terminate the designation of the country
as a beneficiary sub-Saharan African country or withdraw,
suspend, or limit the application of duty-free treatment with
respect to articles from the country.
``(D) Reports.--After each out-of-cycle review conducted
under subparagraph (A) with respect to a country, the President
shall submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a
report on the review and any determination of the President to
terminate the designation of the country as a beneficiary sub-
Saharan African country or withdraw, suspend, or limit the
application of duty-free treatment with respect to articles
from the country under subparagraph (C).
``(E) Initiation of out-of-cycle reviews for certain
countries.--Recognizing that concerns have been raised about
the compliance with section 104(a) of the African Growth and
Opportunity Act (19 U.S.C. 3703(a)) of some beneficiary sub-
Saharan African countries, the President shall initiate an out-
of-cycle review under subparagraph (A) with respect to South
Africa, the most developed of the beneficiary sub-Saharan
African countries, and other beneficiary countries as
appropriate, not later than 30 days after the date of the
enactment of the Trade Preferences Extension Act of 2015.''.

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DEVELOPMENT IN SUB-SAHARAN AFRICA.
(a) Statement of Policy.--Section 103 of the African Growth and
Opportunity Act (19 U.S.C. 3702) is amended--
(1) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(10) promoting the role of women in social, political, and
economic development in sub-Saharan Africa.''.
(b) Eligibility Requirements.--Section 104(a)(1)(A) of the African
Growth and Opportunity Act (19 U.S.C. 3703(a)(1)(A)) is amended by
inserting ``for men and women'' after ``rights''.

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(a) In General.--It is the sense of Congress that--
(1) beneficiary sub-Saharan African countries should develop
utilization strategies on a biennial basis in order to more
effectively and strategically utilize benefits available under the
African Growth and Opportunity Act (in this section referred to as
``AGOA utilization strategies'');
(2) United States trade capacity building agencies should work
with, and provide appropriate resources to, such sub-Saharan
African countries to assist in developing and implementing biennial
AGOA utilization strategies; and
(3) as appropriate, and to encourage greater regional
integration, the United States Trade Representative should consider
requesting the Regional Economic Communities to prepare biennial
AGOA utilization strategies.
(b) Contents.--It is further the sense of Congress that biennial
AGOA utilization strategies should identify strategic needs and
priorities to bolster utilization of benefits available under the
African Growth and Opportunity Act. To that end, biennial AGOA
utilization strategies should--
(1) review potential exports under the African Growth and
Opportunity Act and identify opportunities and obstacles to
increased trade and investment and enhanced poverty reduction
efforts;
(2) identify obstacles to regional integration that inhibit
utilization of benefits under the African Growth and Opportunity
Act;
(3) set out a plan to take advantage of opportunities and
address obstacles identified in paragraphs (1) and (2), improve
awareness of the African Growth and Opportunity Act as a program
that enhances exports to the United States, and utilize United
States Agency for International Development regional trade hubs;
(4) set out a strategy to promote small business and
entrepreneurship; and
(5) eliminate obstacles to regional trade and promote greater
utilization of benefits under the African Growth and Opportunity
Act and establish a plan to promote full regional implementation of
the Agreement on Trade Facilitation of the World Trade
Organization.
(c) Publication.--It is further the sense of Congress that--
(1) each beneficiary sub-Saharan African country should publish
on an appropriate Internet website of such country public versions
of its AGOA utilization strategy; and
(2) the United States Trade Representative should publish on
the Internet website of the Office of the United States Trade
Representative public versions of all AGOA utilization strategies
described in paragraph (1).

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SUB-SAHARAN AFRICA AND THE UNITED STATES.
It is the policy of the United States to continue to--
(1) seek to deepen and expand trade and investment ties between
sub-Saharan Africa and the United States, including through the
negotiation of accession by sub-Saharan African countries to the
World Trade Organization and the negotiation of trade and
investment framework agreements, bilateral investment treaties, and
free trade agreements, as such agreements have the potential to
catalyze greater trade and investment, facilitate additional
investment in sub-Saharan Africa, further poverty reduction
efforts, and promote economic growth;
(2) seek to negotiate agreements with individual sub-Saharan
African countries as well as with the Regional Economic
Communities, as appropriate;
(3) promote full implementation of commitments made under the
WTO Agreement (as such term is defined in section 2(9) of the
Uruguay Round Agreements Act (19 U.S.C. 3501(9)) because such
actions are likely to improve utilization of the African Growth and
Opportunity Act and promote trade and investment and because
regular review to ensure continued compliance helps to maximize the
benefits of the African Growth and Opportunity Act; and
(4) promote the negotiation of trade agreements that cover
substantially all trade between parties to such agreements and, if
other countries seek to negotiate trade agreements that do not
cover substantially all trade, continue to object in all
appropriate forums.

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Section 13 of the AGOA Acceleration Act of 2004 (19 U.S.C. 3701
note) is amended--
(1) in subsection (a)--
(A) by striking ``shall identify not fewer than 10 eligible
sub-Saharan African countries as having the greatest'' and
inserting ``, through the Secretary of Agriculture, shall
identify eligible sub-Saharan African countries that have'';
and
(B) by striking ``and complying with sanitary and
phytosanitary rules of the United States'' and inserting ``,
complying with sanitary and phytosanitary rules of the United
States, and developing food safety standards'';
(2) in subsection (b)--
(A) by striking ``20'' and inserting ``30''; and
(B) by inserting after ``from those countries'' the
following: ``, particularly from businesses and sectors that
engage women farmers and entrepreneurs,''; and
(3) by adding at the end the following:
``(c) Coordination.--The President shall take such measures as are
necessary to ensure adequate coordination of similar activities of
agencies of the United States Government relating to agricultural
technical assistance for sub-Saharan Africa.''.

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(a) Implementation Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, and biennially thereafter, the President
shall submit to Congress a report on the trade and investment
relationship between the United States and sub-Saharan African
countries and on the implementation of this title and the
amendments made by this title.
(2) Matters to be included.--The report required by paragraph
(1) shall include the following:
(A) A description of the status of trade and investment
between the United States and sub-Saharan Africa, including
information on leading exports to the United States from sub-
Saharan African countries.
(B) Any changes in eligibility of sub-Saharan African
countries during the period covered by the report.
(C) A detailed analysis of whether each such beneficiary
sub-Saharan African country is continuing to meet the
eligibility requirements set forth in section 104 of the
African Growth and Opportunity Act and the eligibility criteria
set forth in section 502 of the Trade Act of 1974.
(D) A description of the status of regional integration
efforts in sub-Saharan Africa.
(E) A summary of United States trade capacity building
efforts.
(F) Any other initiatives related to enhancing the trade
and investment relationship between the United States and sub-
Saharan African countries.
(b) Potential Trade Agreements Report.--Not later than 1 year after
the date of the enactment of this Act, and every 5 years thereafter,
the United States Trade Representative shall submit to Congress a
report that--
(1) identifies sub-Saharan African countries that have a
expressed an interest in entering into a free trade agreement with
the United States;
(2) evaluates the viability and progress of such sub-Saharan
African countries and other sub-Saharan African countries toward
entering into a free trade agreement with the United States; and
(3) describes a plan for negotiating and concluding such
agreements, which includes the elements described in subparagraphs
(A) through (E) of section 116(b)(2) of the African Growth and
Opportunity Act.
(c) Termination.--The reporting requirements of this section shall
cease to have any force or effect after September 30, 2025.

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Section 104 of the African Growth and Opportunity Act (19 U.S.C.
3703), as amended by section 106, is further amended--
(1) in subsection (a), by striking ``(a) In General.--''; and
(2) by striking subsection (b).

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In this title:
(1) Beneficiary sub-saharan african country.--The term
``beneficiary sub-Saharan African country'' means a beneficiary
sub-Saharan African country described in subsection (e) of section
506A of the Trade Act of 1974 (as redesignated by this Act).
(2) Sub-saharan african country.--The term ``sub-Saharan
African country'' has the meaning given the term in section 107 of
the African Growth and Opportunity Act.

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(a) In General.--Section 505 of the Trade Act of 1974 (19 U.S.C.
2465) is amended by striking ``July 31, 2013'' and inserting ``December
31, 2017''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to articles entered on or after the 30th day after the date
of the enactment of this Act.
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law and
subject to subparagraph (B), any entry of a covered article to
which duty-free treatment or other preferential treatment under
title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) would
have applied if the entry had been made on July 31, 2013, that
was made--
(i) after July 31, 2013; and
(ii) before the effective date specified in paragraph
(1),
shall be liquidated or reliquidated as though such entry
occurred on the effective date specified in paragraph (1).
(B) Requests.--A liquidation or reliquidation may be made
under subparagraph (A) with respect to an entry only if a
request therefor is filed with U.S. Customs and Border
Protection not later than 180 days after the date of the
enactment of this Act that contains sufficient information to
enable U.S. Customs and Border Protection--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be located.
(C) Payment of amounts owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry of a covered article under subparagraph (A) shall be
paid, without interest, not later than 90 days after the date
of the liquidation or reliquidation (as the case may be).
(3) Definitions.--In this subsection:
(A) Covered article.--The term ``covered article'' means an
article from a country that is a beneficiary developing country
under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.)
as of the effective date specified in paragraph (1).
(B) Enter; entry.--The terms ``enter'' and ``entry''
include a withdrawal from warehouse for consumption.

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ELIGIBLE ARTICLES ONLY FOR LEAST-DEVELOPED BENEFICIARY DEVELOPING
COUNTRIES UNDER GENERALIZED SYSTEM OF PREFERENCES.
Section 503(b) of the Trade Act of 1974 (19 U.S.C. 2463(b)) is
amended by adding at the end the following:
``(5) Certain cotton articles.--Notwithstanding paragraph (3),
the President may designate as an eligible article or articles
under subsection (a)(1)(B) only for countries designated as least-
developed beneficiary developing countries under section 502(a)(2)
cotton articles classifiable under subheading 5201.00.18,
5201.00.28, 5201.00.38, 5202.99.30, or 5203.00.30 of the Harmonized
Tariff Schedule of the United States.''.

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UNDER GENERALIZED SYSTEM OF PREFERENCES WITH RESPECT TO ARTICLES
OF BENEFICIARY DEVELOPING COUNTRIES EXPORTED TO THE UNITED STATES
DURING CALENDAR YEAR 2014.
(a) In General.--For purposes of applying and administering
subsections (c)(2) and (d) of section 503 of the Trade Act of 1974 (19
U.S.C. 2463) with respect to an article described in subsection (b) of
this section, subsections (c)(2) and (d) of section 503 of such Act
shall be applied and administered by substituting ``October 1'' for
``July 1'' each place such date appears.
(b) Article Described.--An article described in this subsection is
an article of a beneficiary developing country that is designated by
the President as an eligible article under subsection (a) of section
503 of the Trade Act of 1974 (19 U.S.C. 2463) and with respect to which
a determination described in subsection (c)(2)(A) of such section was
made with respect to exports (directly or indirectly) to the United
States of such eligible article during calendar year 2014 by the
beneficiary developing country.

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DUTY-FREE TREATMENT UNDER THE GENERALIZED SYSTEM OF PREFERENCES.
Section 503(b)(1) of the Trade Act of 1974 (19 U.S.C. 2463(b)(1))
is amended--
(1) in subparagraph (A), by striking ``paragraph (4)'' and
inserting ``paragraphs (4) and (5)'';
(2) in subparagraph (E), by striking ``Footwear'' and inserting
``Except as provided in paragraph (5), footwear''; and
(3) by adding at the end the following:
``(5) Certain luggage and travel articles.--Notwithstanding
subparagraph (A) or (E) of paragraph (1), the President may
designate the following as eligible articles under subsection (a):
``(A) Articles classifiable under subheading 4202.11.00,
4202.12.40, 4202.21.60, 4202.21.90, 4202.22.15, 4202.22.45,
4202.31.60, 4202.32.40, 4202.32.80, 4202.92.15, 4202.92.20,
4202.92.45, or 4202.99.90 of the Harmonized Tariff Schedule of
the United States.
``(B) Articles classifiable under statistical reporting
number 4202.12.2020, 4202.12.2050, 4202.12.8030, 4202.12.8070,
4202.22.8050, 4202.32.9550, 4202.32.9560, 4202.91.0030,
4202.91.0090, 4202.92.3020, 4202.92.3031, 4202.92.3091,
4202.92.9026, or 4202.92.9060 of the Harmonized Tariff Schedule
of the United States, as such statistical reporting numbers are
in effect on the date of the enactment of the Trade Preferences
Extension Act of 2015.''.

25fd2594c2c82adb7163a9d4e531405e4b0573f7147934cbc2b5eaafdef2a78e

HAITI.
Section 213A of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a) is amended as follows:
(1) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended--
(i) in subparagraph (B)(v)(I), by amending item (cc) to
read as follows:
``(cc) 60 percent or more during the 1-year
period beginning on December 20, 2017, and each of
the 7 succeeding 1-year periods.''; and
(ii) in subparagraph (C)--
(I) in the table, by striking ``succeeding 11 1-
year periods'' and inserting ``16 succeeding 1-year
periods''; and
(II) by striking ``December 19, 2018'' and
inserting ``December 19, 2025''.
(B) Paragraph (2) is amended--
(i) in subparagraph (A)(ii), by striking ``11
succeeding 1-year periods'' and inserting ``16 succeeding
1-year periods''; and
(ii) in subparagraph (B)(iii), by striking ``11
succeeding 1-year periods'' and inserting ``16 succeeding
1-year periods''.
(2) Subsection (h) is amended by striking ``September 30,
2020'' and inserting ``September 30, 2025''.

051447699b65b718f37abbd1b526948d164b7f73f307a805ff55c487caa7b175

TITLE III

-EXTENSION OF PREFERENTIAL DUTY TREATMENT PROGRAM FOR HAITI

This title may be cited as the ``Trade Adjustment Assistance
Reauthorization Act of 2015''.

abd16305744835f4f5d26501e8265542c8343971a32ad485d8faa2be7eb8f842

ASSISTANCE.
(a) Repeal of Snapback.--Section 233 of the Trade Adjustment
Assistance Extension Act of 2011 (Public Law 112-40; 125 Stat. 416) is
repealed.
(b) Applicability of Certain Provisions.--Except as otherwise
provided in this title, the provisions of chapters 2 through 6 of title
II of the Trade Act of 1974, as in effect on December 31, 2013, and as
amended by this title, shall--
(1) take effect on the date of the enactment of this Act; and
(2) apply to petitions for certification filed under chapter 2,
3, or 6 of title II of the Trade Act of 1974 on or after such date
of enactment.
(c) References.--Except as otherwise provided in this title,
whenever in this title an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a provision of chapters 2 through 6 of
title II of the Trade Act of 1974, the reference shall be considered to
be made to a provision of any such chapter, as in effect on December
31, 2013.

4356ab7890760b5d12c517ab21564cd5fb0681c36198eb9c872c6b89f08b975c

(a) Extension of Termination Provisions.--Section 285 of the Trade
Act of 1974 (19 U.S.C. 2271 note) is amended by striking ``December 31,
2013'' each place it appears and inserting ``June 30, 2021''.
(b) Training Funds.--Section 236(a)(2)(A) of the Trade Act of 1974
(19 U.S.C. 2296(a)(2)(A)) is amended by striking ``shall not exceed''
and all that follows and inserting ``shall not exceed $450,000,000 for
each of fiscal years 2015 through 2021.''.
(c) Reemployment Trade Adjustment Assistance.--Section 246(b)(1) of
the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking
``December 31, 2013'' and inserting ``June 30, 2021''.
(d) Authorizations of Appropriations.--
(1) Trade adjustment assistance for workers.--Section 245(a) of
the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking
``December 31, 2013'' and inserting ``June 30, 2021''.
(2) Trade adjustment assistance for firms.--Section 255(a) of
the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended by striking
``fiscal years 2012 and 2013'' and all that follows through
``December 31, 2013'' and inserting ``fiscal years 2015 through
2021''.
(3) Trade adjustment assistance for farmers.--Section 298(a) of
the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended by striking
``fiscal years 2012 and 2013'' and all that follows through
``December 31, 2013'' and inserting ``fiscal years 2015 through
2021''.

59e6e01d0a186adf6e19d87eed5e085e559caaf554362163a51198a71934a783

(a) Performance Measures.--Section 239(j) of the Trade Act of 1974
(19 U.S.C. 2311(j)) is amended--
(1) in the subsection heading, by striking ``Data Reporting''
and inserting ``Performance Measures'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``a quarterly'' and inserting ``an
annual''; and
(ii) by striking ``data'' and inserting ``measures'';
(B) in subparagraph (A), by striking ``core'' and inserting
``primary''; and
(C) in subparagraph (C), by inserting ``that promote
efficiency and effectiveness'' after ``assistance program'';
(3) in paragraph (2)--
(A) in the paragraph heading, by striking ``Core indicators
described'' and inserting ``Indicators of performance''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) Primary indicators of performance described.--
``(i) In general.--The primary indicators of
performance referred to in paragraph (1)(A) shall consist
of--
``(I) the percentage and number of workers who
received benefits under the trade adjustment assistance
program who are in unsubsidized employment during the
second calendar quarter after exit from the program;
``(II) the percentage and number of workers who
received benefits under the trade adjustment assistance
program and who are in unsubsidized employment during
the fourth calendar quarter after exit from the
program;
``(III) the median earnings of workers described in
subclause (I);
``(IV) the percentage and number of workers who
received benefits under the trade adjustment assistance
program who, subject to clause (ii), obtain a
recognized postsecondary credential or a secondary
school diploma or its recognized equivalent, during
participation in the program or within 1 year after
exit from the program; and
``(V) the percentage and number of workers who
received benefits under the trade adjustment assistance
program who, during a year while receiving such
benefits, are in an education or training program that
leads to a recognized postsecondary credential or
employment and who are achieving measurable gains in
skills toward such a credential or employment.
``(ii) Indicator relating to credential.--For purposes
of clause (i)(IV), a worker who received benefits under the
trade adjustment assistance program who obtained a
secondary school diploma or its recognized equivalent shall
be included in the percentage counted for purposes of that
clause only if the worker, in addition to obtaining such a
diploma or its recognized equivalent, has obtained or
retained employment or is in an education or training
program leading to a recognized postsecondary credential
within 1 year after exit from the program.'';
(4) in paragraph (3)--
(A) in the paragraph heading, by striking ``data'' and
inserting ``measures'';
(B) by striking ``quarterly'' and inserting ``annual''; and
(C) by striking ``data'' and inserting ``measures''; and
(5) by adding at the end the following:
``(4) Accessibility of state performance reports.--The
Secretary shall, on an annual basis, make available (including by
electronic means), in an easily understandable format, the reports
of cooperating States or cooperating State agencies required by
paragraph (1) and the information contained in those reports.''.
(b) Collection and Publication of Data.--Section 249B of the Trade
Act of 1974 (19 U.S.C. 2323) is amended--
(1) in subsection (b)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``enrolled in''
and inserting ``who received'';
(ii) in subparagraph (B)--
(I) by striking ``complete'' and inserting
``exited''; and
(II) by striking ``who were enrolled in'' and
inserting ``, including who received'';
(iii) in subparagraph (E), by striking ``complete'' and
inserting ``exited'';
(iv) in subparagraph (F), by striking ``complete'' and
inserting ``exit''; and
(v) by adding at the end the following:
``(G) The average cost per worker of receiving training
approved under section 236.
``(H) The percentage of workers who received training
approved under section 236 and obtained unsubsidized employment
in a field related to that training.''; and
(B) in paragraph (4)--
(i) in subparagraphs (A) and (B), by striking
``quarterly'' each place it appears and inserting
``annual''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) The median earnings of workers described in section
239(j)(2)(A)(i)(III) during the second calendar quarter after
exit from the program, expressed as a percentage of the median
earnings of such workers before the calendar quarter in which
such workers began receiving benefits under this chapter.'';
and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(ii) by inserting after subparagraph (A) the following:
``(B) the reports required under section 239(j);''; and
(B) in paragraph (2), by striking ``a quarterly'' and
inserting ``an annual''.
(c) Recognized Postsecondary Credential Defined.--Section 247 of
the Trade Act of 1974 (19 U.S.C. 2319) is amended by adding at the end
the following:
``(19) The term `recognized postsecondary credential' means a
credential consisting of an industry-recognized certificate or
certification, a certificate of completion of an apprenticeship, a
license recognized by a State or the Federal Government, or an
associate or baccalaureate degree.''.

831f9221fa3536781dd1f3fb0e27dd27563c9ef41bc989bc097d3a4eaf767818

(a) Trade Adjustment Assistance for Workers.--
(1) Petitions filed on or after january 1, 2014, and before
date of enactment.--
(A) Certifications of workers not certified before date of
enactment.--
(i) Criteria if a determination has not been made.--If,
as of the date of the enactment of this Act, the Secretary
of Labor has not made a determination with respect to
whether to certify a group of workers as eligible to apply
for adjustment assistance under section 222 of the Trade
Act of 1974 pursuant to a petition described in clause
(iii), the Secretary shall make that determination based on
the requirements of section 222 of the Trade Act of 1974,
as in effect on such date of enactment.
(ii) Reconsideration of denials of certifications.--If,
before the date of the enactment of this Act, the Secretary
made a determination not to certify a group of workers as
eligible to apply for adjustment assistance under section
222 of the Trade Act of 1974 pursuant to a petition
described in clause (iii), the Secretary shall--
(I) reconsider that determination; and
(II) if the group of workers meets the requirements
of section 222 of the Trade Act of 1974, as in effect
on such date of enactment, certify the group of workers
as eligible to apply for adjustment assistance.
(iii) Petition described.--A petition described in this
clause is a petition for a certification of eligibility for
a group of workers filed under section 221 of the Trade Act
of 1974 on or after January 1, 2014, and before the date of
the enactment of this Act.
(B) Eligibility for benefits.--
(i) In general.--Except as provided in clause (ii), a
worker certified as eligible to apply for adjustment
assistance under section 222 of the Trade Act of 1974
pursuant to a petition described in subparagraph (A)(iii)
shall be eligible, on and after the date that is 90 days
after the date of the enactment of this Act, to receive
benefits only under the provisions of chapter 2 of title II
of the Trade Act of 1974, as in effect on such date of
enactment.
(ii) Computation of maximum benefits.--Benefits
received by a worker described in clause (i) under chapter
2 of title II of the Trade Act of 1974 before the date of
the enactment of this Act shall be included in any
determination of the maximum benefits for which the worker
is eligible under the provisions of chapter 2 of title II
of the Trade Act of 1974, as in effect on the date of the
enactment of this Act.
(2) Petitions filed before january 1, 2014.--A worker certified
as eligible to apply for adjustment assistance pursuant to a
petition filed under section 221 of the Trade Act of 1974 on or
before December 31, 2013, shall continue to be eligible to apply
for and receive benefits under the provisions of chapter 2 of title
II of such Act, as in effect on December 31, 2013.
(3) Qualifying separations with respect to petitions filed
within 90 days of date of enactment.--Section 223(b) of the Trade
Act of 1974, as in effect on the date of the enactment of this Act,
shall be applied and administered by substituting ``before January
1, 2014'' for ``more than one year before the date of the petition
on which such certification was granted'' for purposes of
determining whether a worker is eligible to apply for adjustment
assistance pursuant to a petition filed under section 221 of the
Trade Act of 1974 on or after the date of the enactment of this Act
and on or before the date that is 90 days after such date of
enactment.
(b) Trade Adjustment Assistance for Firms.--
(1) Certification of firms not certified before date of
enactment.--
(A) Criteria if a determination has not been made.--If, as
of the date of the enactment of this Act, the Secretary of
Commerce has not made a determination with respect to whether
to certify a firm as eligible to apply for adjustment
assistance under section 251 of the Trade Act of 1974 pursuant
to a petition described in subparagraph (C), the Secretary
shall make that determination based on the requirements of
section 251 of the Trade Act of 1974, as in effect on such date
of enactment.
(B) Reconsideration of denial of certain petitions.--If,
before the date of the enactment of this Act, the Secretary
made a determination not to certify a firm as eligible to apply
for adjustment assistance under section 251 of the Trade Act of
1974 pursuant to a petition described in subparagraph (C), the
Secretary shall--
(i) reconsider that determination; and
(ii) if the firm meets the requirements of section 251
of the Trade Act of 1974, as in effect on such date of
enactment, certify the firm as eligible to apply for
adjustment assistance.
(C) Petition described.--A petition described in this
subparagraph is a petition for a certification of eligibility
filed by a firm or its representative under section 251 of the
Trade Act of 1974 on or after January 1, 2014, and before the
date of the enactment of this Act.
(2) Certification of firms that did not submit petitions
between january 1, 2014, and date of enactment.--
(A) In general.--The Secretary of Commerce shall certify a
firm described in subparagraph (B) as eligible to apply for
adjustment assistance under section 251 of the Trade Act of
1974, as in effect on the date of the enactment of this Act, if
the firm or its representative files a petition for a
certification of eligibility under section 251 of the Trade Act
of 1974 not later than 90 days after such date of enactment.
(B) Firm described.--A firm described in this subparagraph
is a firm that the Secretary determines would have been
certified as eligible to apply for adjustment assistance if--
(i) the firm or its representative had filed a petition
for a certification of eligibility under section 251 of the
Trade Act of 1974 on a date during the period beginning on
January 1, 2014, and ending on the day before the date of
the enactment of this Act; and
(ii) the provisions of chapter 3 of title II of the
Trade Act of 1974, as in effect on such date of enactment,
had been in effect on that date during the period described
in clause (i).

7b1b329c5ed74e9391f7d25e25a004d341bb704d752df612cb7782aae716f166

(a) Application of Prior Law.--Subject to subsection (b), beginning
on July 1, 2021, the provisions of chapters 2, 3, 5, and 6 of title II
of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), as in effect on
January 1, 2014, shall be in effect and apply, except that in applying
and administering such chapters--
(1) paragraph (1) of section 231(c) of that Act shall be
applied and administered as if subparagraphs (A), (B), and (C) of
that paragraph were not in effect;
(2) section 233 of that Act shall be applied and administered--
(A) in subsection (a)--
(i) in paragraph (2), by substituting ``104-week
period'' for ``104-week period'' and all that follows
through ``130-week period)''; and
(ii) in paragraph (3)--
(I) in the matter preceding subparagraph (A), by
substituting ``65'' for ``52''; and
(II) by substituting ``78-week period'' for ``52-
week period'' each place it appears; and
(B) by applying and administering subsection (g) as if it
read as follows:
``(g) Payment of Trade Readjustment Allowances To Complete
Training.--Notwithstanding any other provision of this section, in
order to assist an adversely affected worker to complete training
approved for the worker under section 236 that leads to the completion
of a degree or industry-recognized credential, payments may be made as
trade readjustment allowances for not more than 13 weeks within such
period of eligibility as the Secretary may prescribe to account for a
break in training or for justifiable cause that follows the last week
for which the worker is otherwise entitled to a trade readjustment
allowance under this chapter if--
``(1) payment of the trade readjustment allowance for not more
than 13 weeks is necessary for the worker to complete the training;
``(2) the worker participates in training in each such week;
and
``(3) the worker--
``(A) has substantially met the performance benchmarks
established as part of the training approved for the worker;
``(B) is expected to continue to make progress toward the
completion of the training; and
``(C) will complete the training during that period of
eligibility.'';
(3) section 245(a) of that Act shall be applied and
administered by substituting ``June 30, 2022'' for ``December 31,
2007'';
(4) section 246(b)(1) of that Act shall be applied and
administered by substituting ``June 30, 2022'' for ``the date that
is 5 years'' and all that follows through ``State'';
(5) section 256(b) of that Act shall be applied and
administered by substituting ``the 1-year period beginning on July
1, 2021'' for ``each of fiscal years 2003 through 2007, and
$4,000,000 for the 3-month period beginning on October 1, 2007'';
(6) section 298(a) of that Act shall be applied and
administered by substituting ``the 1-year period beginning on July
1, 2021'' for ``each of the fiscal years'' and all that follows
through ``October 1, 2007''; and
(7) section 285 of that Act shall be applied and administered--
(A) in subsection (a), by substituting ``June 30, 2022''
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 June 30,
2022.
``(B) Exception.--Notwithstanding subparagraph (A), any
assistance approved under chapter 3 pursuant to a petition
filed under section 251 on or before June 30, 2022, may be
provided--
``(i) to the extent funds are available pursuant to
such chapter for such purpose; and
``(ii) to the extent the recipient of the assistance is
otherwise eligible to receive such assistance.
``(2) Farmers.--
``(A) In general.--Except as provided in subparagraph (B),
assistance may not be provided under chapter 6 after June 30,
2022.
``(B) Exception.--Notwithstanding subparagraph (A), any
assistance approved under chapter 6 on or before June 30, 2022,
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.''.
(b) Exceptions.--The provisions of chapters 2, 3, 5, and 6 of title
II of the Trade Act of 1974, as in effect on the date of the enactment
of this Act, shall continue to apply on and after July 1, 2021, with
respect to--
(1) workers certified as eligible for trade adjustment
assistance benefits under chapter 2 of title II of that Act
pursuant to petitions filed under section 221 of that Act before
July 1, 2021;
(2) firms certified as eligible for technical assistance or
grants under chapter 3 of title II of that Act pursuant to
petitions filed under section 251 of that Act before July 1, 2021;
and
(3) agricultural commodity producers certified as eligible for
technical or financial assistance under chapter 6 of title II of
that Act pursuant to petitions filed under section 292 of that Act
before July 1, 2021.

cbc8486cbf845da637264c5748f509e5c2ba41d789433a27b048675aed43414c

(a) Extension.--Subparagraph (B) of section 35(b)(1) of the
Internal Revenue Code of 1986 is amended by striking ``before January
1, 2014'' and inserting ``before January 1, 2020''.
(b) Coordination With Credit for Coverage Under a Qualified Health
Plan.--Subsection (g) of section 35 of the Internal Revenue Code of
1986 is amended--
(1) by redesignating paragraph (11) as paragraph (13); and
(2) by inserting after paragraph (10) the following new
paragraphs:
``(11) Election.--
``(A) In general.--This section shall not apply to any
taxpayer for any eligible coverage month unless such taxpayer
elects the application of this section for such month.
``(B) Timing and applicability of election.--Except as the
Secretary may provide--
``(i) an election to have this section apply for any
eligible coverage month in a taxable year shall be made not
later than the due date (including extensions) for the
return of tax for the taxable year; and
``(ii) any election for this section to apply for an
eligible coverage month shall apply for all subsequent
eligible coverage months in the taxable year and, once
made, shall be irrevocable with respect to such months.
``(12) Coordination with premium tax credit.--
``(A) In general.--An eligible coverage month to which the
election under paragraph (11) applies shall not be treated as a
coverage month (as defined in section 36B(c)(2)) for purposes
of section 36B with respect to the taxpayer.
``(B) Coordination with advance payments of premium tax
credit.--In the case of a taxpayer who makes the election under
paragraph (11) with respect to any eligible coverage month in a
taxable year or on behalf of whom any advance payment is made
under section 7527 with respect to any month in such taxable
year--
``(i) the tax imposed by this chapter for the taxable
year shall be increased by the excess, if any, of--
``(I) the sum of any advance payments made on
behalf of the taxpayer under section 1412 of the
Patient Protection and Affordable Care Act and section
7527 for months during such taxable year, over
``(II) the sum of the credits allowed under this
section (determined without regard to paragraph (1))
and section 36B (determined without regard to
subsection (f)(1) thereof) for such taxable year; and
``(ii) section 36B(f)(2) shall not apply with respect
to such taxpayer for such taxable year, except that if such
taxpayer received any advance payments under section 7527
for any month in such taxable year and is later allowed a
credit under section 36B for such taxable year, then
section 36B(f)(2)(B) shall be applied by substituting the
amount determined under clause (i) for the amount
determined under section 36B(f)(2)(A).''.
(c) Extension of Advance Payment Program.--
(1) In general.--Subsection (a) of section 7527 of the Internal
Revenue Code of 1986 is amended by striking ``August 1, 2003'' and
inserting ``the date that is 1 year after the date of the enactment
of the Trade Adjustment Assistance Reauthorization Act of 2015''.
(2) Conforming amendment.--Paragraph (1) of section 7527(e) of
such Code is amended by striking ``occurring'' and all that follows
and inserting ``occurring--
``(A) after the date that is 1 year after the date of the
enactment of the Trade Adjustment Assistance Reauthorization
Act of 2015; and
``(B) prior to the first month for which an advance payment
is made on behalf of such individual under subsection (a).''.
(d) Individual Insurance Treated as Qualified Health Insurance
Without Regard to Enrollment Date.--
(1) In general.--Subparagraph (J) of section 35(e)(1) of the
Internal Revenue Code of 1986 is amended by striking ``insurance if
the eligible individual'' and all that follows through ``For
purposes of'' and inserting ``insurance. For purposes of''.
(2) Special rule.--Subparagraph (J) of section 35(e)(1) of such
Code, as amended by paragraph (1), is amended by striking
``insurance.'' and inserting ``insurance (other than coverage
enrolled in through an Exchange established under the Patient
Protection and Affordable Care Act).''.
(e) Conforming Amendment.--Subsection (m) of section 6501 of the
Internal Revenue Code of 1986 is amended by inserting ``, 35(g)(11)''
after ``30D(e)(4)''.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to coverage months in
taxable years beginning after December 31, 2013.
(2) Plans available on individual market for use of tax
credit.--The amendment made by subsection (d)(2) shall apply to
coverage months in taxable years beginning after December 31, 2015.
(3) Transition rule.--Notwithstanding section 35(g)(11)(B)(i)
of the Internal Revenue Code of 1986 (as added by this title), an
election to apply section 35 of such Code to an eligible coverage
month (as defined in section 35(b) of such Code) (and not to claim
the credit under section 36B of such Code with respect to such
month) in a taxable year beginning after December 31, 2013, and
before the date of the enactment of this Act--
(A) may be made at any time on or after such date of
enactment and before the expiration of the 3-year period of
limitation prescribed in section 6511(a) with respect to such
taxable year; and
(B) may be made on an amended return.
(g) Agency Outreach.--As soon as possible after the date of the
enactment of this Act, the Secretaries of the Treasury, Health and
Human Services, and Labor (or such Secretaries' delegates) and the
Director of the Pension Benefit Guaranty Corporation (or the Director's
delegate) shall carry out programs of public outreach, including on the
Internet, to inform potential eligible individuals (as defined in
section 35(c)(1) of the Internal Revenue Code of 1986) of the extension
of the credit under section 35 of the Internal Revenue Code of 1986 and
the availability of the election to claim such credit retroactively for
coverage months beginning after December 31, 2013.

d84ba6ccd246f6c3bf574be4055ab936691ae571edd8ad3a5a991ba4b57e79ff

This title may be cited as the ``American Trade Enforcement
Effectiveness Act''.

17d66fd9366132c9d89cacbc4695584786a1d35e9c5a34569f5e17541c08b7a3

INFORMATION IN A PROCEEDING.
Section 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and by moving such
subparagraphs, as so redesignated, 2 ems to the right;
(B) by striking ``Adverse Inferences.--If'' and inserting
the following: ``Adverse Inferences.--
``(1) In general.--If'';
(C) by striking ``under this title, may use'' and inserting
the following: ``under this title--
``(A) may use''; and
(D) by striking ``facts otherwise available. Such adverse
inference may include'' and inserting the following: ``facts
otherwise available; and
``(B) is not required to determine, or make any adjustments
to, a countervailable subsidy rate or weighted average dumping
margin based on any assumptions about information the
interested party would have provided if the interested party
had complied with the request for information.
``(2) Potential sources of information for adverse
inferences.--An adverse inference under paragraph (1)(A) may
include'';
(2) in subsection (c)--
(A) by striking ``Corroboration of Secondary Information.--
When the'' and inserting the following: ``Corroboration of
Secondary Information.--
``(1) In general.--Except as provided in paragraph (2), when
the''; and
(B) by adding at the end the following:
``(2) Exception.--The administrative authority and the
Commission shall not be required to corroborate any dumping margin
or countervailing duty applied in a separate segment of the same
proceeding.''; and
(3) by adding at the end the following:
``(d) Subsidy Rates and Dumping Margins in Adverse Inference
Determinations.--
``(1) In general.--If the administering authority uses an
inference that is adverse to the interests of a party under
subsection (b)(1)(A) in selecting among the facts otherwise
available, the administering authority may--
``(A) in the case of a countervailing duty proceeding--
``(i) use a countervailable subsidy rate applied for
the same or similar program in a countervailing duty
proceeding involving the same country; or
``(ii) if there is no same or similar program, use a
countervailable subsidy rate for a subsidy program from a
proceeding that the administering authority considers
reasonable to use; and
``(B) in the case of an antidumping duty proceeding, use
any dumping margin from any segment of the proceeding under the
applicable antidumping order.
``(2) Discretion to apply highest rate.--In carrying out
paragraph (1), the administering authority may apply any of the
countervailable subsidy rates or dumping margins specified under
that paragraph, including the highest such rate or margin, based on
the evaluation by the administering authority of the situation that
resulted in the administering authority using an adverse inference
in selecting among the facts otherwise available.
``(3) No obligation to make certain estimates or address
certain claims.--If the administering authority uses an adverse
inference under subsection (b)(1)(A) in selecting among the facts
otherwise available, the administering authority is not required,
for purposes of subsection (c) or for any other purpose--
``(A) to estimate what the countervailable subsidy rate or
dumping margin would have been if the interested party found to
have failed to cooperate under subsection (b)(1) had
cooperated; or
``(B) to demonstrate that the countervailable subsidy rate
or dumping margin used by the administering authority reflects
an alleged commercial reality of the interested party.''.

92823cc9f29ff0d3c94facf3d9e37255e82f7a528b118f08f834096bf02f0e55

(a) Effect of Profitability of Domestic Industries.--Section 771(7)
of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended by adding at
the end the following:
``(J) Effect of profitability.--The Commission may not
determine that there is no material injury or threat of
material injury to an industry in the United States merely
because that industry is profitable or because the performance
of that industry has recently improved.''.
(b) Evaluation of Impact on Domestic Industry in Determination of
Material Injury.--Subclause (I) of section 771(7)(C)(iii) of the Tariff
Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended to read as follows:
``(I) actual and potential decline in output,
sales, market share, gross profits, operating profits,
net profits, ability to service debt, productivity,
return on investments, return on assets, and
utilization of capacity,''.
(c) Captive Production.--Section 771(7)(C)(iv) of the Tariff Act of
1930 (19 U.S.C. 1677(7)(C)(iv)) is amended--
(1) in subclause (I), by striking the comma and inserting ``,
and'';
(2) in subclause (II), by striking ``, and'' and inserting a
comma; and
(3) by striking subclause (III).

5743d7db51c055bc530891cee5d5413f1ad937b23567e35dfcc81f2388f5e5bc

(a) Definition of Ordinary Course of Trade.--Section 771(15) of the
Tariff Act of 1930 (19 U.S.C. 1677(15)) is amended by adding at the end
the following:
``(C) Situations in which the administering authority
determines that the particular market situation prevents a
proper comparison with the export price or constructed export
price.''.
(b) Definition of Normal Value.--Section 773(a)(1)(B)(ii)(III) of
the Tariff Act of 1930 (19 U.S.C. 1677b(a)(1)(B)(ii)(III)) is amended
by striking ``in such other country.''.
(c) Definition of Constructed Value.--Section 773(e) of the Tariff
Act of 1930 (19 U.S.C. 1677b(e)) is amended--
(1) in paragraph (1), by striking ``business'' and inserting
``trade''; and
(2) by striking the flush text at the end and inserting the
following:
``For purposes of paragraph (1), if a particular market situation
exists such that the cost of materials and fabrication or other
processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology. For purposes of paragraph (1), the cost
of materials shall be determined without regard to any internal tax in
the exporting country imposed on such materials or their disposition
that is remitted or refunded upon exportation of the subject
merchandise produced from such materials.''.

e667f7327c1844c7fb3ff814c01b9adb2f7734c5a7c833cb648b572a95641443

(a) Investigation of Below-Cost Sales.--Section 773(b)(2) of the
Tariff Act of 1930 (19 U.S.C. 1677b(b)(2)) is amended by striking
subparagraph (A) and inserting the following:
``(A) Reasonable grounds to believe or suspect.--
``(i) Review.--In a review conducted under section 751
involving a specific exporter, there are reasonable grounds
to believe or suspect that sales of the foreign like
product have been made at prices that are less than the
cost of production of the product if the administering
authority disregarded some or all of the exporter's sales
pursuant to paragraph (1) in the investigation or, if a
review has been completed, in the most recently completed
review.
``(ii) Requests for information.--In an investigation
initiated under section 732 or a review conducted under
section 751, the administering authority shall request
information necessary to calculate the constructed value
and cost of production under subsections (e) and (f) to
determine whether there are reasonable grounds to believe
or suspect that sales of the foreign like product have been
made at prices that represent less than the cost of
production of the product.''.
(b) Prices and Costs in Nonmarket Economies.--Section 773(c) of the
Tariff Act of 1930 (19 U.S.C. 1677b(c)) is amended by adding at the end
the following:
``(5) Discretion to disregard certain price or cost values.--In
valuing the factors of production under paragraph (1) for the
subject merchandise, the administering authority may disregard
price or cost values without further investigation if the
administering authority has determined that broadly available
export subsidies existed or particular instances of subsidization
occurred with respect to those price or cost values or if those
price or cost values were subject to an antidumping order.''.

17abd09d1f5ca30758b99325620ad18f707ae7f57a40374b8e4f83d11a57a2ab

THE NUMBER OF VOLUNTARY RESPONDENTS.
Section 782(a) of the Tariff Act of 1930 (19 U.S.C. 1677m(a)) is
amended--
(1) in paragraph (1), by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and by moving such
clauses, as so redesignated, 2 ems to the right;
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and by moving such subparagraphs, as so
redesignated, 2 ems to the right;
(3) by striking ``Investigations and Reviews.--In'' and
inserting the following: ``Investigations and Reviews.--
``(1) In general.--In'';
(4) in paragraph (1), as designated by paragraph (3), by
amending subparagraph (B), as redesignated by paragraph (2), to
read as follows:
``(B) the number of exporters or producers subject to the
investigation or review is not so large that any additional
individual examination of such exporters or producers would be
unduly burdensome to the administering authority and inhibit
the timely completion of the investigation or review.''; and
(5) by adding at the end the following:
``(2) Determination of unduly burdensome.--In determining if an
individual examination under paragraph (1)(B) would be unduly
burdensome, the administering authority may consider the following:
``(A) The complexity of the issues or information presented
in the proceeding, including questionnaires and any responses
thereto.
``(B) Any prior experience of the administering authority
in the same or similar proceeding.
``(C) The total number of investigations under subtitle A
or B and reviews under section 751 being conducted by the
administering authority as of the date of the determination.
``(D) Such other factors relating to the timely completion
of each such investigation and review as the administering
authority considers appropriate.''.

26d92bb892f71af9806bc30b061ed02e73a14a79acc9efee4c81a82eac6dbcc9

Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3438), the amendments made by this title
shall apply with respect to goods from Canada and Mexico.

35cdf97f64ed49eaaedb1e617e9c2c4f9275141987e1f171dcf7c0970641f7be

c868d4a093bbea278374ccda8bc3b286765bddaf8153b801664b4ca797e9250c

TITLE VI

-TARIFF CLASSIFICATION OF CERTAIN ARTICLES

(a) Definition of Protective Active Footwear.--The Additional U.S.
Notes to chapter 64 of the Harmonized Tariff Schedule of the United
States are amended by adding at the end the following:
``(f) For the purposes of subheadings 6402.91.42 and 6402.99.32,
the term `protective active footwear' means footwear (other than
footwear described in Subheading Note 1) that is designed for outdoor
activities, such as hiking shoes, trekking shoes, running shoes, and
trail running shoes, the foregoing valued over $24/pair and which
provides protection against water that is imparted by the use of a
coated or laminated textile fabric.''.
(b) Duty Treatment for Protective Active Footwear.--Chapter 64 of
the Harmonized Tariff Schedule of the United States is amended as
follows:
(1) By inserting after subheading 6402.91.40 the following new
subheading, with the article description for subheading 6402.91.42
having the same degree of indentation as the article description
for subheading 6402.91.40:
``            6402.91.42       Protective       20%               Free (AU, BH,     35%                  ''.
active footwear                     CA, CL, D, E,
(except                             IL, JO, KR, MA,
footwear with                       MX, OM, P, PA,
waterproof                          PE, R, SG).....
molded bottoms,
including
bottoms
comprising an
outer sole and
all or part of
the upper and
except footwear
with insulation
that provides
protection
against cold
weather), whose
height from the
bottom of the
outer sole to
the top of the
upper does not
exceed 15.34 cm
(2) By inserting immediately preceding subheading 6402.99.33
the following new subheading, with the article description for
subheading 6402.99.32 having the same degree of indentation as the
article description for subheading 6402.99.33:
``            6402.99.32       Protective       20%               Free (AU, BH,     35%                  ''.
active footwear                     CA, CL, D, IL,
JO, MA, MX, P)
1% (PA)
6% (OM)
6% (PE)
12% (CO)
20% (KR)
(c) Staged Rate Reductions.--The staged reductions in special rates
of duty proclaimed for subheading 6402.99.90 of the Harmonized Tariff
Schedule of the United States before the date of the enactment of this
Act shall be applied to subheading 6402.99.32 of such Schedule, as
added by subsection (b)(2), beginning in calendar year 2016.
(d) Effective Date.--This section and the amendments made by this
section shall--
(1) take effect on the 15th day after the date of the enactment
of this Act; and
(2) apply to articles entered, or withdrawn from warehouse for
consumption, on or after such 15th day.

f9dca25ef2b02914dbb903d130d672d54496802c23f9ea737109745878a49cf6

REDUCING POVERTY AND ELIMINATING HUNGER.
Not later than 1 year after the date of the enactment of this Act,
the President shall submit to Congress a report assessing the
contribution of the trade preference programs of the United States,
including the Generalized System of Preferences under title V of the
Trade Act of 1974 (19 U.S.C. 2461 et seq.), the African Growth and
Opportunity Act (19 U.S.C. 3701 et seq.), and the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2701 et seq.), to the reduction of
poverty and the elimination of hunger.

12564afabf7522eea5f9276460ef1c3dc05ba98ba6a5be25a06c4f3d367c9b5e

(a) In General.--Section 13031(j)(3)(A) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended
by striking ``September 30, 2024'' and inserting ``July 7, 2025''.
(b) Rate for Merchandise Processing Fees.--Section 503 of the
United States-Korea Free Trade Agreement Implementation Act (Public Law
112-41; 125 Stat. 460) is amended by striking ``June 30, 2021'' and
inserting ``June 30, 2025''.

2b12f4c599b18a1a8c7d126a9388f3558a6b0f4659bd71ec6f68f1a346d80c3b

(a) In General.--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 (B)(i), by striking ``September 30, 2024''
and inserting ``September 30, 2025''; and
(2) by adding at the end the following:
``(D) Fees may be charged under paragraphs (9) and (10) of
subsection (a) during the period beginning on July 29, 2025, and ending
on September 30, 2025.''.
(b) Rate for Merchandise Processing Fees.--Section 503 of the
United States-Korea Free Trade Agreement Implementation Act (Public Law
112-41; 125 Stat. 460) is amended by adding at the end the following:
``(c) Further Additional Period.--For the period beginning on July
15, 2025, and ending on September 30, 2025, section 13031(a)(9) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(a)(9)) shall be applied and administered--
``(1) in subparagraph (A), by substituting `0.3464' for `0.21';
and
``(2) in subparagraph (B)(i), by substituting `0.3464' for
`0.21'.''.

79e45771017b2134ccea26888e85947c566d9da3789ad9492d2bbac539f1f805

Notwithstanding section 6655 of the Internal Revenue Code of 1986,
in the case of a corporation with assets of not less than
$1,000,000,000 (determined as of the end of the preceding taxable
year)--
(1) the amount of any required installment of corporate
estimated tax which is otherwise due in July, August, or September
of 2020 shall be increased by 8 percent of such amount (determined
without regard to any increase in such amount not contained in such
Code); and
(2) the amount of the next required installment after an
installment referred to in paragraph (1) shall be appropriately
reduced to reflect the amount of the increase by reason of such
paragraph.

9b80d1ca63f66dccea9a57486f696f8d5253b32fd92f1bef0c9b9034c5cef227

BENEFITS.
(a) American Opportunity Credit, Hope Scholarship Credit, and
Lifetime Learning Credit.--
(1) In general.--Section 25A(g) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(8) Payee statement requirement.--Except as otherwise
provided by the Secretary, no credit shall be allowed under this
section unless the taxpayer receives a statement furnished under
section 6050S(d) which contains all of the information required by
paragraph (2) thereof.''.
(2) Statement received by dependent.--Section 25A(g)(3) of such
Code is amended by striking ``and'' at the end of subparagraph (A),
by striking the period at the end of subparagraph (B) and inserting
``, and'', and by adding at the end the following:
``(C) a statement described in paragraph (8) and received
by such individual shall be treated as received by the
taxpayer.''.
(b) Deduction for Qualified Tuition and Related Expenses.--Section
222(d) of such Code is amended by redesignating paragraph (6) as
paragraph (7), and by inserting after paragraph (5) the following new
paragraph:
``(6) Payee statement requirement.--
``(A) In general.--Except as otherwise provided by the
Secretary, no deduction shall be allowed under subsection (a)
unless the taxpayer receives a statement furnished under
section 6050S(d) which contains all of the information required
by paragraph (2) thereof.
``(B) Statement received by dependent.--The receipt of the
statement referred to in subparagraph (A) by an individual
described in subsection (c)(3) shall be treated for purposes of
subparagraph (A) as received by the taxpayer.''.
(c) Information Required To Be Provided on Payee Statement.--
Section 6050S(d)(2) of such Code is amended to read as follows:
``(2) the information required by subsection (b)(2).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

70a15ff707369049e3d7d1f07ebfb58db106044acc7deb39b3450c78c131454f

COLLECT TINS OF INDIVIDUALS WITH RESPECT TO HIGHER EDUCATION
TUITION AND RELATED EXPENSES.
(a) In General.--Section 6724 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Special Rule for Returns of Educational Institutions Related
to Higher Education Tuition and Related Expenses.--No penalty shall be
imposed under section 6721 or 6722 solely by reason of failing to
provide the TIN of an individual on a return or statement required by
section 6050S(a)(1) if the eligible educational institution required to
make such return contemporaneously makes a true and accurate
certification under penalty of perjury (and in such form and manner as
may be prescribed by the Secretary) that it has complied with standards
promulgated by the Secretary for obtaining such individual's TIN.''.
(b) Effective Date.--The amendments made by this section shall
apply to returns required to be made, and statements required to be
furnished, after December 31, 2015.

1bb850ab40e8c86e32c7a3f270ede2769f92ef640bb558bf42e9404dafc829d6

AND PROVIDE PAYEE STATEMENTS.
(a) In General.--Section 6721(a)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``$100'' and inserting ``$250''; and
(2) by striking ``$1,500,000'' and inserting ``$3,000,000''.
(b) Reduction Where Correction in Specified Period.--
(1) Correction within 30 days.--Section 6721(b)(1) of such Code
is amended--
(A) by striking ``$30'' and inserting ``$50'';
(B) by striking ``$100'' and inserting ``$250''; and
(C) by striking ``$250,000'' and inserting ``$500,000''.
(2) Failures corrected on or before august 1.--Section
6721(b)(2) of such Code is amended--
(A) by striking ``$60'' and inserting ``$100'';
(B) by striking ``$100'' (prior to amendment by
subparagraph (A)) and inserting ``$250''; and
(C) by striking ``$500,000'' and inserting ``$1,500,000''.
(c) Lower Limitation for Persons With Gross Receipts of Not More
Than $5,000,000.--Section 6721(d)(1) of such Code is amended--
(1) in subparagraph (A)--
(A) by striking ``$500,000'' and inserting ``$1,000,000'';
and
(B) by striking ``$1,500,000'' and inserting
``$3,000,000'';
(2) in subparagraph (B)--
(A) by striking ``$75,000'' and inserting ``$175,000''; and
(B) by striking ``$250,000'' and inserting ``$500,000'';
and
(3) in subparagraph (C)--
(A) by striking ``$200,000'' and inserting ``$500,000'';
and
(B) by striking ``$500,000'' (prior to amendment by
subparagraph (A)) and inserting ``$1,500,000''.
(d) Penalty in Case of Intentional Disregard.--Section 6721(e) of
such Code is amended--
(1) by striking ``$250'' in paragraph (2) and inserting
``$500''; and
(2) by striking ``$1,500,000'' in paragraph (3)(A) and
inserting ``$3,000,000''.
(e) Failure To Furnish Correct Payee Statements.--
(1) In general.--Section 6722(a)(1) of such Code is amended--
(A) by striking ``$100'' and inserting ``$250''; and
(B) by striking ``$1,500,000'' and inserting
``$3,000,000''.
(2) Reduction where correction in specified period.--
(A) Correction within 30 days.--Section 6722(b)(1) of such
Code is amended--
(i) by striking ``$30'' and inserting ``$50'';
(ii) by striking ``$100'' and inserting ``$250''; and
(iii) by striking ``$250,000'' and inserting
``$500,000''.
(B) Failures corrected on or before august 1.--Section
6722(b)(2) of such Code is amended--
(i) by striking ``$60'' and inserting ``$100'';
(ii) by striking ``$100'' (prior to amendment by clause
(i)) and inserting ``$250''; and
(iii) by striking ``$500,000'' and inserting
``$1,500,000''.
(3) Lower limitation for persons with gross receipts of not
more than $5,000,000.--Section 6722(d)(1) of such Code is amended--
(A) in subparagraph (A)--
(i) by striking ``$500,000'' and inserting
``$1,000,000''; and
(ii) by striking ``$1,500,000'' and inserting
``$3,000,000'';
(B) in subparagraph (B)--
(i) by striking ``$75,000'' and inserting ``$175,000'';
and
(ii) by striking ``$250,000'' and inserting
``$500,000''; and
(C) in subparagraph (C)--
(i) by striking ``$200,000'' and inserting
``$500,000''; and
(ii) by striking ``$500,000'' (prior to amendment by
subparagraph (A)) and inserting ``$1,500,000''.
(4) Penalty in case of intentional disregard.--Section 6722(e)
of such Code is amended--
(A) by striking ``$250'' in paragraph (2) and inserting
``$500''; and
(B) by striking ``$1,500,000'' in paragraph (3)(A) and
inserting ``$3,000,000''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to returns and statements required to be filed after
December 31, 2015.

0c9c7a898169cb05bee9bc514df62b28f9dbdb4546528b278332d3233396ac10

EXCLUDE FOREIGN EARNED INCOME FROM TAX.
(a) In General.--Section 24(d) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(5) Exception for taxpayers excluding foreign earned
income.--Paragraph (1) shall not apply to any taxpayer for any
taxable year if such taxpayer elects to exclude any amount from
gross income under section 911 for such taxable year.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2014.

074c615e3641a72c7ec98f7cddcee1b73696682187c36e275b1596f7f087558c

INDIVIDUALS WITH ACUTE KIDNEY INJURY.
(a) Coverage.--Section 1861(s)(2)(F) of the Social Security Act (42
U.S.C. 1395x(s)(2)(F)) is amended by inserting before the semicolon the
following: ``, including such renal dialysis services furnished on or
after January 1, 2017, by a renal dialysis facility or provider of
services paid under section 1881(b)(14) to an individual with acute
kidney injury (as defined in section 1834(r)(2))''.
(b) Payment.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by adding at the end the following new subsection:
``(r) Payment for Renal Dialysis Services for Individuals With
Acute Kidney Injury.--
``(1) Payment rate.--In the case of renal dialysis services (as
defined in subparagraph (B) of section 1881(b)(14)) furnished under
this part by a renal dialysis facility or provider of services paid
under such section during a year (beginning with 2017) to an
individual with acute kidney injury (as defined in paragraph (2)),
the amount of payment under this part for such services shall be
the base rate for renal dialysis services determined for such year
under such section, as adjusted by any applicable geographic
adjustment factor applied under subparagraph (D)(iv)(II) of such
section and may be adjusted by the Secretary (on a budget neutral
basis for payments under this paragraph) by any other adjustment
factor under subparagraph (D) of such section.
``(2) Individual with acute kidney injury defined.--In this
subsection, the term `individual with acute kidney injury' means an
individual who has acute loss of renal function and does not
receive renal dialysis services for which payment is made under
section 1881(b)(14).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

f3bd7e813ed4e07b904cace75767d620c0cfe5e435c1b777aef5a4e0e96ef72c

Trade Preferences Extension Act of 2015 — HR. 1295

Other Sections