[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2218 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2218
To expand the trade adjustment assistance for workers program, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2021
Ms. Stabenow (for herself and Mr. Peters) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To expand the trade adjustment assistance for workers program, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trade Adjustment
Assistance For Workers Reauthorization Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TRADE ADJUSTMENT ASSISTANCE PROGRAM
Subtitle A--Petitions and Determinations
Sec. 101. Filing petitions.
Sec. 102. Group eligibility requirements.
Sec. 103. Eligibility of staffed workers and teleworkers.
Sec. 104. Application of determinations of eligibility to workers
employed by successors-in-interest.
Sec. 105. Notifications to political subdivisions of certain
certifications.
Sec. 106. Pilot program for expanded eligibility.
Sec. 107. Provision of benefit information to workers.
Subtitle B--Program Benefits
Sec. 111. Modification of qualifying requirements for workers.
Sec. 112. Modifications to trade readjustment allowances.
Sec. 113. Automatic extension of trade readjustment allowances.
Sec. 114. Employment and case management services.
Sec. 115. Training for workers.
Subtitle C--Other Matters
Sec. 121. Agreements with States.
Sec. 122. Eligibility criteria for reemployment trade adjustment
assistance.
Sec. 123. Subpoena power.
Sec. 124. Data collection with respect to training.
Subtitle D--General Provisions
Sec. 131. Extension of trade adjustment assistance program.
Sec. 132. Applicability of trade adjustment assistance provisions.
Sec. 133. Sense of Congress.
TITLE II--AMENDMENTS TO WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
ACT
Sec. 201. Worker Adjustment and Retraining Notification Act.
TITLE III--HEALTH CARE TAX CREDIT
Sec. 301. Permanent credit for health insurance costs.
TITLE I--TRADE ADJUSTMENT ASSISTANCE PROGRAM
Subtitle A--Petitions and Determinations
SEC. 101. FILING PETITIONS.
Section 221(a)(1) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1))
is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) One or more workers in the group of workers.''; and
(2) in subparagraph (C)--
(A) by striking ``or a State dislocated worker
unit'' and inserting ``a State dislocated worker
unit''; and
(B) by adding at the end before the period the
following: ``, or workforce intermediaries, including
labor-management organizations that carry out re-
employment and training services''.
SEC. 102. GROUP ELIGIBILITY REQUIREMENTS.
(a) In General.--Section 222(a)(2) of the Trade Act of 1974 (19
U.S.C. 2272(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``or failed to
increase'' after ``absolutely''; and
(B) in clause (iii)--
(i) by striking ``to the decline'' and
inserting ``to any decline or absence of
increase''; and
(ii) by striking ``or'' at the end;
(2) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following:
``(C)(i) the sales or production, or both, of such firm
have decreased;
``(ii)(I) exports of articles produced or services supplied
by such workers' firm have decreased; or
``(II) imports of articles or services necessary for the
production of articles or services supplied by such firm have
decreased; and
``(iii) the decrease in exports or imports described in
clause (ii) contributed to such workers' separation or threat
of separation and to the decline in the sales or production of
such firm.''.
(b) Repeal.--Section 222 of the Trade Act of 1974 (19 U.S.C. 2272)
is amended--
(1) in subsections (a) and (b), by striking ``importantly''
each place it appears; and
(2) in subsection (c)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
SEC. 103. ELIGIBILITY OF STAFFED WORKERS AND TELEWORKERS.
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended by
adding at the end the following:
``(f) Treatment of Staffed Workers and Teleworkers.--
``(1) In general.--For purposes of subsection (a), workers
in a firm include staffed workers and teleworkers.
``(2) Definitions.--In this subsection:
``(A) Staffed worker.--The term `staffed worker'
means a worker who performs work under the operational
control of a firm that is the subject of a petition
filed under section 221, even if the worker is directly
employed by another firm.
``(B) Teleworker.--The term `teleworker' means a
worker who works remotely but who reports to the
location listed for a firm in a petition filed under
section 221.''.
SEC. 104. APPLICATION OF DETERMINATIONS OF ELIGIBILITY TO WORKERS
EMPLOYED BY SUCCESSORS-IN-INTEREST.
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is further
amended by adding at the end the following:
``(f) Treatment of Workers of Successors-in-Interest.--If the
Secretary certifies a group of workers of a firm as eligible to apply
for adjustment assistance under this chapter, a worker of a successor-
in-interest to that firm shall be covered by the certification to the
same extent as a worker of that firm.''.
SEC. 105. NOTIFICATIONS TO POLITICAL SUBDIVISIONS OF CERTAIN
CERTIFICATIONS.
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended
by section 104, is further amended by adding at the end the following:
``(g) Notifications to Political Subdivisions of Certain
Certifications.--
``(1) Notification to secretary of commerce.--Upon issuing
a certification or certifications of eligibility under
subsection (a) pursuant to one or more petitions filed under
section 221 covering more than 1,000 workers within a political
subdivision during a calendar year, the Secretary shall notify
the Secretary of Commerce.
``(2) Notification to political subdivisions.--Upon
receiving a notification under paragraph (1) with respect to a
political subdivision, the Secretary of Commerce, acting
through the Assistant Secretary of Commerce for Economic
Development, shall--
``(A) notify the political subdivision of economic
assistance grants, loans, and other financial
assistance available from the Economic Development
Administration; and
``(B) if the political subdivision applies for any
such assistance and meets the requirements for
receiving the assistance, provide the political
subdivision with priority for receiving that
assistance.''.
SEC. 106. PILOT PROGRAM FOR EXPANDED ELIGIBILITY.
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended
by section 105, is further amended by adding at the end the following:
``(h) Pilot Program for Expanded Eligibility.--
``(1) In general.--The Secretary of Labor may establish a
pilot program under which the Secretary may certify under
subsection (a) as eligible to apply for adjustment assistance
under this subchapter groups of workers who do not meet the
eligibility requirements under section 222.
``(2) Requirement.--The Secretary may not provide to
workers covered by a certification of eligibility under
paragraph (1) benefits that are reduced relative to the
benefits received by other workers under this subchapter.
``(3) Notification to congress.--Before implementing the
pilot program under paragraph (1), the Secretary shall submit
to Congress a report that includes--
``(A) a detailed plan for the program; and
``(B) a justification for each requirement under
section 222 to be waived under the program.
``(4) Termination.--The pilot program under paragraph (1)
shall terminate at such time as the Secretary considers
appropriate.
``(5) Report required.--Not later than 90 days after the
termination under paragraph (4) of the pilot program under
paragraph (1), the Secretary shall submit to Congress a report
on the outcomes for the workers who participated in the
program.''.
SEC. 107. PROVISION OF BENEFIT INFORMATION TO WORKERS.
Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is amended--
(1) in subsection (a), by inserting after the second
sentence the following new sentence: ``The Secretary shall make
every effort to provide such information and assistance to
workers in their native language.''; and
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following:
``(2) The Secretary shall provide a second notice to a worker
described in paragraph (1) before the worker has exhausted all rights
to any unemployment insurance to which the worker is entitled (other
than additional compensation described in section 231(a)(3)(B) funded
by a State and not reimbursed from Federal funds).'';
(C) in paragraph (3), as redesignated by
subparagraph (A), by inserting ``print or digital''
before ``newspapers''; and
(D) by adding at the end the following:
``(4) For purposes of providing outreach regarding the benefits
available under this chapter to workers covered by a certification made
under this subchapter, the Secretary may take any necessary actions,
including the following:
``(A) Collecting the email addresses and telephone numbers
of such workers from the employers of such workers to provide
outreach to such workers.
``(B) Partnering with the certified or recognized union, a
community-based worker organization, or other duly authorized
representatives of such workers.
``(C) Hiring peer support workers to perform outreach to
other workers covered by that certification.
``(D) Using advertising methods and public information
campaigns, including social media, in addition to notice
published in print or digital newspapers under paragraph
(3).''.
Subtitle B--Program Benefits
SEC. 111. MODIFICATION OF QUALIFYING REQUIREMENTS FOR WORKERS.
(a) In General.--Section 231(a) of the Trade Act of 1974 (19 U.S.C.
2291(a)) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(3) in paragraph (4), as redesignated by paragraph (2), by
striking ``paragraphs (1) and (2)'' each place it appears and
inserting ``paragraph (1)''.
(b) Conforming Amendments.--
(1) Weekly amounts.--Section 232 of the Trade Act of 1974
(19 U.S.C. 2292) is amended by striking ``section
231(a)(3)(B)'' each place it appears and inserting ``section
231(a)(2)(B)''.
(2) Limitations.--Section 233(a) of the Trade Act of 1974
(19 U.S.C. 2293(a)) is amended--
(A) in paragraph (1), by striking ``section
231(a)(3)(A)'' and inserting ``section 231(a)(2)(A)'';
and
(B) in paragraph (2)--
(i) by striking ``adversely affected
employment'' and all that follows through ``(A)
within'' and inserting ``adversely affected
employment within'';
(ii) by striking ``, and'' and inserting a
period; and
(iii) by striking subparagraph (B).
SEC. 112. MODIFICATIONS TO TRADE READJUSTMENT ALLOWANCES.
(a) Payment To Complete Training.--Section 233 of the Trade Act of
1974 (19 U.S.C. 2293) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting after ``104-week
period'' the following: ``(or, in the case of an
adversely affected worker who requires a program of
prerequisite education or remedial education (as
described in section 236(a)(5)(D)) in order to complete
training approved for the worker under section 236, the
130-week period)'';
(B) in paragraph (3), by striking ``65 additional
weeks in the 78-week period'' and inserting ``78
additional weeks in the 91-week period''; and
(C) in the flush text, by striking ``78-week
period'' and inserting ``91-week period''; and
(2) by amending subsection (f) to read as follows:
``(f) 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 includes a program of
prerequisite education or remedial education (as described in section
236(a)(5)(D)), and in accordance with regulations prescribed by the
Secretary, payments may be made as trade readjustment allowances for up
to 26 additional weeks in the 26-week period that follows the last week
of entitlement to trade readjustment allowances otherwise payable under
this chapter.''.
(b) Payment to Workers in On-the-Job Training, Customized Training,
or Apprenticeship Programs.--Section 233(d) of the Trade Act of 1974
(19 U.S.C. 2293(d)) is amended to read as follows:
``(d) Payment to Workers in On-the-Job Training, Customized
Training, or Apprenticeship Programs.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of this chapter, a trade
readjustment allowance may be paid under this part to an
adversely affected worker for any week during which the worker
is receiving on-the-job training or customized training, or is
participating in a registered apprenticeship program, under
section 236.
``(2) Income limitation.--The Secretary shall reduce the
amount of the trade readjustment allowance otherwise payable to
a worker under paragraph (1) to ensure that the sum of the
income of the worker from the on-the-job training, customized
training, or apprenticeship program described in that paragraph
and the trade readjustment allowance paid to the worker under
that paragraph does not exceed $55,000 during a year.
``(3) Adjustment of income limitation for inflation.--
``(A) In general.--The Secretary of Labor shall
adjust the income limitation under paragraph (2) on
October 1, 2021, and at the beginning of each fiscal
year thereafter, to reflect the percentage (if any) of
the increase in the average of the Consumer Price Index
for the preceding 12-month period compared to the
Consumer Price Index for fiscal year 2020.
``(B) Special rules for calculation of
adjustment.--In making an adjustment under subparagraph
(A), the Secretary--
``(i) shall round the amount of any
increase in the Consumer Price Index to the
nearest dollar; and
``(ii) may ignore any such increase of less
than 1 percent.
``(C) Consumer price index defined.--For purposes
of this paragraph, the term `Consumer Price Index'
means the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor.''.
SEC. 113. AUTOMATIC EXTENSION OF TRADE READJUSTMENT ALLOWANCES.
(a) In General.--Part I of subchapter B of chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2291 et seq.) is amended by inserting
after section 233 the following new section:
``SEC. 233A. AUTOMATIC EXTENSION OF TRADE READJUSTMENT ALLOWANCES.
``(a) In General.--Notwithstanding the limitations under section
233(a), the Secretary shall extend the period during which trade
readjustment allowances are payable to an adversely affected worker who
completes training approved under section 236 by the Secretary during a
period of heightened unemployment with respect to the State in which
the worker seeks benefits, for the shorter of--
``(1) the 26-week period beginning on the date of
completion of such training; or
``(2) the period ending on the date on which the adversely
affected worker secures employment.
``(b) Job Search Required.--A worker shall be eligible for an
extension under subsection (a) only if the worker is complying with the
job search requirements associated with unemployment insurance in the
applicable State.
``(c) Period of Heightened Unemployment Defined.--In this section,
the term `period of heightened unemployment' with respect to a State
means a 90-day period during which, in the determination of the
Secretary, either of the following average rates equals or exceeds 5.5
percent:
``(1) The average rate of total unemployment in the State
(seasonally adjusted) for the period consisting of the most
recent 90 days for which data for all States are published
before the close of such period.
``(2) The average rate of total unemployment in all States
(seasonally adjusted) for the period consisting of the most
recent 90 days for which data for all States are published
before the close of such period.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by inserting after the item relating to section 233 the
following:
``Sec. 233A. Automatic extension of trade readjustment allowances.''.
SEC. 114. EMPLOYMENT AND CASE MANAGEMENT SERVICES.
Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended--
(1) in paragraph (3)--
(A) by inserting after ``regional areas'' the
following: ``(including information about registered
apprenticeship programs, on-the-job training
opportunities, and other work-based learning
opportunities)''; and
(B) by inserting after ``suitable training'' the
following: ``, information regarding the track record
of a training provider's ability to successfully place
participants into suitable employment'';
(2) by redesignating paragraph (8) as paragraph (9); and
(3) by inserting after paragraph (7) the following:
``(8) Information related to direct job placement,
including facilitating the extent to which employers within the
community commit to employing workers who would benefit from
the employment and case management services under this
section.''.
SEC. 115. TRAINING FOR WORKERS.
Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraphs (B)
through (F) as subparagraphs (A) through (E),
respectively; and
(iii) in subparagraph (C), as redesignated
by clause (ii), by inserting ``, with a
demonstrated ability to place participants into
employment'' before the comma at the end;
(B) in paragraph (2)(A)--
(i) by striking ``shall not exceed
$450,000,000'' and inserting the following:
``shall not exceed--
``(i) $450,000,000'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) $1,000,000,000 for each of fiscal years 2022 through
2028.'';
(C) by striking paragraph (3);
(D) by redesignating paragraphs (4) through (11) as
paragraphs (3) through (10), respectively;
(E) in subparagraph (E) of paragraph (4), as
redesignated by subparagraph (D), by inserting ``,
including a pre-apprenticeship program,'' after
``coursework'';
(F) in subparagraph (B) of paragraph (8), as so
redesignated--
(i) in clause (i), by striking ``paragraph
(1)(E)'' and inserting ``paragraph (1)(D)'';
and
(ii) in clause (ii), by striking
``paragraph (1)(F)'' and inserting ``paragraph
(1)(E)''; and
(G) in paragraph (9), as so redesignated--
(i) in subparagraph (A), by striking
``paragraph (5)(A)(i)'' and inserting
``paragraph (4)(A)(i)''; and
(ii) in subparagraph (B), by striking
``paragraph (5)(A)(ii)'' and inserting
``paragraph (4)(A)(ii)'';
(2) in subsection (c)(3)(B), by striking ``, but may not
exceed 104 weeks in any case'';
(3) by striking subsection (e);
(4) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively; and
(5) by adding at the end the following:
``(g) Reimbursement for Out-of-Pocket Training Expenses.--If the
Secretary approves training for a worker under paragraph (1) of
subsection (a), the Secretary may reimburse the worker for out-of-
pocket expenses relating to training programs described in paragraph
(4) of that subsection that were incurred by the worker on and after
the date of the worker's total or partial separation and before the
date on which the certification of eligibility under section 222 that
covers the worker is issued.
``(h) Pre-Apprenticeship Defined.--For purposes of subsection
(a)(4)(D), the term `pre-apprenticeship', with respect to a program,
means an initiative or set of strategies that is designed to prepare
individuals to enter and succeed in an apprenticeship program
registered under the Act of August 16, 1937 (commonly known as the
`National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.).''.
Subtitle C--Other Matters
SEC. 121. AGREEMENTS WITH STATES.
(a) Coordination.--Section 239(f) of the Trade Act of 1974 (19
U.S.C. 2311(f)) is amended--
(1) by striking ``(f) Any agreement'' and inserting the
following:
``(f)(1) Any agreement''; and
(2) by adding at the end the following:
``(2) Each cooperating State agency shall arrange for training
programs to be carried out by entities that--
``(A) have a proven track record in achieving a
satisfactory rate of completion and placement in jobs that
provides a living wage, basic benefits that increase economic
security, and develop the skills, networks, and experiences
necessary to advance along a career path;
``(B) work to assist workers from underserved communities
to establish a work history, demonstrate success in the
workplace, and develop the skills that lead to entry into and
retention in unsubsidized employment;
``(C) facilitate joint cooperation between representatives
of workers, employers, and communities, especially in
underserved rural and urban regions, to ensure a fair and
engaging workplace that balances the priorities and well-being
of workers with the needs of businesses; and
``(D) have a proven track record in adequately serving
individuals who face the greatest barriers to employment,
including people with low incomes, people of color, immigrants,
and formerly incarcerated individuals.
``(3) Each cooperating State agency shall seek, including through
agreements and training programs described in this subsection, to
ensure the reemployment of adversely affected workers upon completion
of training as described in section 236.''.
(b) Administration.--
(1) In general.--Section 239(g) of the Trade Act of 1974
(19 U.S.C. 2311(g)) is amended--
(A) by redesignating--
(i) paragraphs (1) through (4) as
paragraphs (3) through (6), respectively; and
(ii) paragraph (5) as paragraph (8);
(B) by inserting before paragraph (3), as
redesignated by subparagraph (A), the following:
``(1) review each layoff of more than 5 workers in a firm
to determine whether trade played a role in the layoff and
whether workers in such firm are potentially eligible to
receive benefits under this chapter,
``(2) perform outreach to firms to facilitate and assist
with filing petitions under section 221 and collecting
necessary supporting information,'';
(C) in paragraph (3), as so redesignated, by
striking ``who applies for unemployment insurance of''
and inserting ``identified under paragraph (1) of
unemployment insurance benefits and'';
(D) in paragraph (4), as so redesignated, by
inserting ``and assist with'' after ``facilitate'';
(E) in paragraph (6), as so redesignated, by
striking ``and'' at the end;
(F) by inserting after paragraph (6), as so
redesignated, the following:
``(7) perform outreach to workers from underserved
communities and to firms that employ a majority or a
substantial percentage of workers from underserved communities
and develop a plan, in consultation with the Secretary, for
addressing common barriers to receiving services that such
workers have faced,'';
(G) in paragraph (8), as so redesignated, by
striking ``funds provided to carry out this chapter are
insufficient to make such services available, make
arrangements to make such services available through
other Federal programs.'' and inserting ``support
services are needed beyond what may be provided under
this chapter, make arrangements to coordinate such
services available through other Federal programs;'';
and
(H) by adding at the end the following:
``(9) develop a strategy to engage with local workforce
development institutions, including local community colleges
and other educational institutions, and
``(10) develop a comprehensive strategy to provide agency
staffing to support the requirements of paragraphs (1) through
(9).''.
(2) Limitations on administrative expenses and employment
and case management services.--Section 235A of the Trade Act of
1974 (19 U.S.C. 2295a) is amended--
(A) by striking ``Of the funds'' and inserting
``(a) In General.--Of the funds''; and
(B) by adding at the end the following:
``(b) Clarification.--Activities described in paragraphs (1)
through (9) of section 239(g) shall not be considered to be activities
relating to the administration of the trade adjustment assistance for
workers program for purposes of the limitation on administrative
expenses under subsection (a)(1).''.
(c) Performance Measures.--Section 239(j)(2) of the Trade Act of
1974 (19 U.S.C. 2311(j)(2)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Additional indicators and analytics.--The
Secretary and a cooperating State or cooperating State
agency--
``(i) shall conduct a comparative analysis
between the median earnings of workers
described in subparagraph (A)(i)(I) and the
distributions of earnings across the workforce
in the affected economic region; and
``(ii) may agree upon additional indicators
of performance for the trade adjustment
assistance program under this chapter, as
appropriate.''; and
(2) by adding at the end the following:
``(C) Dashboard.--The Secretary shall require each
cooperating State and cooperating State agency to
perform workforce analytics for the purpose of creating
a dashboard that includes different measures of job
quality for reemployment and training activities
provided under this chapter.''.
(d) Staffing.--Section 239 of the Trade Act of 1974 (19 U.S.C.
2311) is amended by striking subsection (k) and inserting the
following:
``(k) Staffing.--An agreement entered into under this section shall
provide that the cooperating State or cooperating State agency shall
require that any individual engaged in functions to carry out the trade
adjustment assistance program under this chapter shall be a State
employee covered by a merit system of personnel administration.''.
SEC. 122. ELIGIBILITY CRITERIA FOR REEMPLOYMENT TRADE ADJUSTMENT
ASSISTANCE.
(a) In General.--Section 246(a) of the Trade Act of 1974 (19 U.S.C.
2318(a)) is amended--
(1) in paragraph (3)(B)(ii), by striking ``$50,000'' and
inserting ``$55,000'';
(2) in paragraph (4)(A), by striking ``the earlier of'' and
all that follows and inserting ``the date on which the worker
obtains reemployment described in paragraph (3)(B).''; and
(3) by adding at the end the following:
``(8) Adjustment of salary limitation and total amount of
payments for inflation.--
``(A) In general.--The Secretary of Labor shall
adjust the salary limitation under paragraph (3)(B)(ii)
and the amount under paragraph (5)(B)(i) on October 1,
2021, and at the beginning of each fiscal year
thereafter, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for
the preceding 12-month period compared to the Consumer
Price Index for fiscal year 2020.
``(B) Special rules for calculation of
adjustment.--In making an adjustment under subparagraph
(A), the Secretary--
``(i) shall round the amount of any
increase in the Consumer Price Index to the
nearest dollar; and
``(ii) may ignore any such increase of less
than 1 percent.
``(C) Consumer price index defined.--For purposes
of this paragraph, the term `Consumer Price Index'
means the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor.''.
(b) Pilot Program for Expanded Eligibility.--Section 246 of the
Trade Act of 1974 (19 U.S.C. 2318) is amended by adding at the end the
following:
``(c) Pilot Program for Expanded Eligibility.--
``(1) In general.--The Secretary may establish a pilot
program under which the Secretary may provide benefits under
paragraph (2) of subsection (a) to workers younger than 50
years of age who otherwise meet the eligibility requirements
set forth in paragraph (3) of that subsection.
``(2) Requirement.--The Secretary may not provide to
workers under paragraph (1) benefits that are reduced relative
to the benefits received by other workers under this section.
``(3) Notification to congress.--Before implementing the
pilot program under paragraph (1), the Secretary shall submit
to Congress a report that includes a detailed plan for the
program.
``(4) Termination.--The pilot program under paragraph (1)
shall terminate at such time as the Secretary considers
appropriate.
``(5) Report required.--Not later than 90 days after the
termination under paragraph (4) of the pilot program under
paragraph (1), the Secretary shall submit to Congress a report
on the outcomes for the workers who participated in the
program.''.
SEC. 123. SUBPOENA POWER.
Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended--
(1) in subsection (a), by adding at the end the following:
``That authority includes the authority of States to require,
by subpoena, a firm to provide information on workers employed
by, or totally or partially separated from, the firm that is
necessary to make a determination under this chapter or to
provide outreach to workers, including the names and address of
workers.''; and
(2) by adding at the end the following:
``(c) Enforcement of Subpoenas by States.--A State may enforce
compliance with a subpoena issued under subsection (a)--
``(1) as provided for under State law; and
``(2) by petitioning an appropriate United States district
court for an order requiring compliance with the subpoena.''.
SEC. 124. DATA COLLECTION WITH RESPECT TO TRAINING.
Section 249B of the Trade Act of 1974 (19 U.S.C. 2323) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by adding at the
end before the period the following: ``, and
the relevant demographic information (including
race, ethnicity, gender, income level, and age)
regarding such workers'';
(ii) in subparagraph (C)--
(I) by redesignating clauses (i)
and (ii) as clauses (ii) and (iii),
respectively; and
(II) by inserting before clause
(ii), as so redesignated, the
following:
``(i) the country or countries in which
increased imports, shifts in production, and
other bases of eligibilities under section 222
originated;'';
(B) in paragraph (4)(B), by inserting ``training
provider,'' after ``age,''; and
(C) by adding at the end the following:
``(7) Data on individual petitions.--
``(A) In general.--The following information with
respect to each petition filed under this chapter:
``(i) The petition number.
``(ii) The names of the petitioner, firm,
and certified or recognized union or other duly
authorized representatives of the group of
workers.
``(iii) The names of the city and State in
which the firm is located.
``(iv) A description of the articles
produced or services supplied by the firm.
``(v) The classification of the firm under
the North American Industry Classification
System or the Standard Industrial
Classification.
``(vi) The relevant demographic information
(including race, ethnicity, gender, income
level, and age) regarding the workers.
``(vii) The determination of the Secretary
to certify or deny the petition, including the
basis for the determination.
``(viii) If the petition was certified--
``(I) the country or countries in
which increased imports, shifts in
production, or other bases of
eligibilities under section 222
originated; and
``(II) the number of workers
covered by the petition, the number of
workers who received benefits, and the
median earnings of workers upon
completion of training or receiving
other benefits under this chapter.
``(B) Format.--The data collected and reported
under this paragraph shall be made available to the
public, in a searchable format by each type of
information required by clauses (i) through (vii), with
an option to receive search results in an electronic
spreadsheet format.''; and
(2) in subsection (d)--
(A) in paragraph (2), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following:
``(3) information on compliance with section 239(g) and on
the Secretary's efforts to identify best practices and support
the development of proactive outreach programs in each State;
and''.
Subtitle D--General Provisions
SEC. 131. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.
(a) Repeal of Termination Provision.--
(1) In general.--Section 285 of the Trade Act of 1974 (19
U.S.C. 2271 note) is repealed.
(2) Clerical amendment.--The table of contents for the
Trade Act of 1974 is amended by striking the item relating to
section 285.
(b) Repeal of Snapback Provision.--Section 406 of the Trade
Adjustment Assistance Reauthorization Act of 2015 (Public Law 114-27;
129 Stat. 379) is repealed.
(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
``June 30, 2021'' and inserting ``September 30, 2028''.
(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 ``June 30, 2021'' and inserting ``September 30,
2028''.
(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 ``2021'' and inserting ``2028''.
SEC. 132. APPLICABILITY OF TRADE ADJUSTMENT ASSISTANCE PROVISIONS.
(a) Workers Certified Before Date of Enactment.--
(1) In general.--Except as provided in paragraphs (2) and
(3), a worker certified as eligible for adjustment assistance
under section 222 of the Trade Act of 1974 before the date of
the enactment of this Act shall be eligible, on and after such
date of enactment, 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, or as such provisions
may be amended after such date of enactment.
(2) Computation of maximum benefits.--Benefits received by
a worker described in paragraph (1) 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, or as such provisions
may be amended after such date of enactment.
(3) Authority to make adjustments to benefits.--
Notwithstanding any provision of chapter 2 of title II of the
Trade Act of 1974, for the 90-day period beginning on the date
of the enactment of this Act, the Secretary is authorized to
make any adjustments to benefits to workers described in
paragraph (1) that the Secretary determines to be necessary and
appropriate in applying and administering the provisions of
such chapter 2, as in effect on the date of the enactment of
this Act, or as such provisions may be amended after such date
of enactment, in a manner that ensures parity of treatment
between the benefits of such workers and the benefits of
workers certified after such date of enactment.
(b) Workers Not Certified Pursuant to Certain Petitions Filed
Before Date of Enactment.--
(1) Certifications of workers 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 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 subparagraph (C), 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.
(B) 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 subparagraph (C),
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.
(C) Petition described.--A petition described in
this subparagraph 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,
2021, and before the date of the enactment of this Act.
(2) Eligibility for benefits.--
(A) In general.--Except as provided in subparagraph
(B), 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
paragraph (1)(C) shall be eligible, on and 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, or as such provisions may be amended after
such date of enactment.
(B) Computation of maximum benefits.--Benefits
received by a worker described in paragraph (1) 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, or as such
provisions may be amended after such date of enactment.
SEC. 133. SENSE OF CONGRESS.
It is the sense of Congress that, in administering the trade
adjustment assistance program under chapter 2 of title II of the Trade
Act of 1974 (19 U.S.C. 2271 et seq.), a State should--
(1) prioritize providing training that leads to employment
outcomes that replace 100 percent of an adversely affected
worker's wages; and
(2) steer workers toward training that leads to a livable
wage and sustainable employment.
TITLE II--AMENDMENTS TO WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
ACT
SEC. 201. WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT.
(a) Availability of Trade Adjustment Assistance.--Section 3(a) of
the Worker Adjustment and Retraining Notification Act (29 U.S.C.
2102(a)) is amended--
(1) in the first sentence--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(B) by striking ``An employer'' and inserting ``(1)
An employer'';
(2) in the second sentence, by striking ``If there'' and
inserting the following:
``(2) If there''; and
(3) by adding at the end the following:
``(3) If the plant closing or mass layoff involved is caused by
conditions described in section 222(a)(2) of the Trade Act of 1974 (19
U.S.C. 2272(a)(2)), then, in serving notice under paragraph (1)(A), the
employer shall include in the notice information on the availability of
adjustment assistance under chapter 2 of title II of the Trade Act of
1974 (19 U.S.C. 2271 et seq.) for eligible workers.''.
(b) Notice Requirements Relating to Shifts in Production.--Section
3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C.
2102) is amended--
(1) in subsection (d), by striking ``(2) or (3)'' and
inserting ``(4)(A) or (5)''; and
(2) by adding at the end the following:
``(e) Statement Relating to Shifts in Production of Articles or
Supply of Services.--(1) If the plant closing or mass layoff involved
is caused by conditions described in section 222(a)(2)(B) of the Trade
Act of 1974 (19 U.S.C. 2272(a)(2)(B)), then, in serving notice under
subsection (a), the employer shall include in the notice a statement
that the closing or layoff was so caused.
``(2) Each State that receives a notice under subsection (a) that
includes a statement described in paragraph (1) shall notify the
Secretary of that receipt, immediately file a petition under subsection
(a)(1) of section 221 of the Trade Act of 1974 (19 U.S.C. 2271) on
behalf of that group of workers, and act as the petitioner for that
petition under this chapter.
``(3) If the Secretary receives a petition under paragraph (2)
regarding a plant closing or mass layoff affecting a group of workers,
the Secretary shall--
``(A) immediately initiate an investigation under
subsection (a)(3) of that section 221;
``(B) immediately waive the requirements for a hearing
under subsection (b) of that section 221; and
``(C) unless the Secretary issues a determination that
includes substantial evidence that the petition has not met the
requirements of paragraph (1) or (2)(B) of section 222(a) of
the Trade Act of 1974 (19 U.S.C. 2272(a)) within 20 days after
receipt of the petition--
``(i) certify the group of workers under section
222 of that Act (19 U.S.C. 2272); or
``(ii) be considered to have issued such
certification on the 21st day after receipt of the
petition.
``(4) Even after the Secretary issues such a certification for a
group of workers at a firm under paragraph (3)(C), the Secretary may
conduct an investigation under subsection (a)(3) of that section 221 to
identify additional groups of workers who may be eligible for benefits
under this chapter.
``(f) Notification of Downstream Producers and Suppliers.--On
certification of a group of workers as described in subsection
(e)(3)(C), the Secretary, in conjunction with the State in which the
site of employment involved is located, shall--
``(1) endeavor to identify downstream producers and
suppliers as defined in section 222(c) of the Trade Act of 1974
(19 U.S.C. 2272(c)) that are potentially impacted by the plant
closing or mass layoff involved;
``(2) provide to such producers and suppliers--
``(A) concerning benefits available under chapter 2
of title II of the Trade Act of 1974 (19 U.S.C. 2271 et
seq.), a description of the benefits, of the means for
filing a petition and applying for such benefits, and
of the availability of assistance in filing the
petition; and
``(B) concerning benefits available under chapter 3
of that title (19 U.S.C. 2341 et seq.), the description
specified in subparagraph (A); and
``(3) direct the producers and suppliers to provide to
their workers the description specified in paragraph (2)(A),
concerning benefits described in paragraph (2)(A).
``(g) State Transmittal of Notices.--Each State that receives 1 or
more notices described in subsection (a)(2) during a calendar quarter
shall, not later than 10 days after the end of the quarter, transmit
the notices to the Secretary.''.
(c) Administrative Enforcement and Database.--Section 5 of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104) is
amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by inserting after subsection (a) the following:
``(b) Administrative Enforcement.--(1) The Secretary may impose a
fine on any employer who orders a plant closing or mass layoff in
violation of section 3.
``(2) The Secretary shall deposit the fines in an account. Funds in
the account shall be available to States, without appropriation, for an
activity authorized under subchapter B of chapter 2 of title II of the
Trade Act of 1974 (19 U.S.C. 2291 et seq.).
``(c) Database.--
``(1) In general.--The Secretary shall establish and
maintain a database, available to the public, of notices served
under section 3(a).
``(2) Features.--In carrying out paragraph (1), the
Secretary shall ensure that all such notices are accessible and
searchable by including in the database--
``(A) a link to the notices, or files containing
the notices in portable document format; and
``(B) an interactive map and search tool that is
capable of--
``(i) sorting the notices, by date and
region of the plant closings and mass layoffs
described in the notices; and
``(ii) enabling the user to locate plant
closings and mass layoffs of various sizes, in
terms of numbers of employees affected.
``(3) Other information.--
``(A) In general.--The Secretary shall ensure that
the database includes, for each such notice,
information on the political subdivision, county, and
local area where the plant closing or mass layoff takes
place, the number of affected workers, the date of the
notice, the date of the beginning of the plant closing
or mass layoff, and the North American Industry
Classification System code for the affected industry.
``(B) Definition.--In this paragraph, the term
`local area' has the meaning given the term in section
3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).''.
(d) Report on Plant Closings and Mass Layoffs.--The Worker
Adjustment and Retraining Notification Act is amended by inserting
after section 10 (29 U.S.C. 2109) the following:
``SEC. 10A. REPORT ON PLANT CLOSINGS AND MASS LAYOFFS.
``The Secretary shall annually prepare, submit to Congress, and
make available to the public, a report that specifies, for the year
involved--
``(1) the number of plant closings and mass layoffs that
occurred, for which employers were subject to the notification
requirements of section 3; and
``(2) the number of such plant closings and mass layoffs
for which employers met the requirements.''.
(e) Conforming Amendments.--
(1) Worker adjustment and retraining notification act.--
Sections 8(a) and 11 of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2107(a), 2101 note) are amended by
striking ``of Labor''.
(2) Trade act of 1974.--Section 223(a) of the Trade Act of
1974 (19 U.S.C. 2273(a)) is amended by inserting ``(except as
provided in section 3(e)(3)(C) of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2102(e)(3)(C)))'' after
``40 days''.
TITLE III--HEALTH CARE TAX CREDIT
SEC. 301. PERMANENT CREDIT FOR HEALTH INSURANCE COSTS.
(a) In General.--Subparagraph (B) of section 35(b)(1) of the
Internal Revenue Code of 1986 is amended by striking ``, and before
January 1, 2022''.
(b) Increase in Credit Percentage.--Subsection (a) of section 35 of
the Internal Revenue Code of 1986 is amended by striking ``72.5
percent'' and inserting ``80 percent''.
(c) Conforming Amendments.--Subsections (b) and (e)(1) of section
7527 of the Internal Revenue Code of 1986 are each amended by striking
``72.5 percent'' and inserting ``80 percent''.
(d) Effective Date.--The amendments made by this section shall
apply to coverage months beginning after December 31, 2021.
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