H.R. 3974, Trade Adjustment Assistance Modernization Act of 2021
Summary
H.R. 3974, the Trade Adjustment Assistance Modernization Act of 2021, is a bill to extend the trade adjustment assistance program. Blumenauer and other named members of the House of Representatives introduced it on June 17, 2021, and it was referred to the Committee on Ways and Means. The table of contents lists trade adjustment assistance for workers, for firms, for communities and for farmers, other matters, and a health care tax credit. It includes a Community College and Career Training Grant Program and a permanent credit for health insurance costs.
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Cite this document
“H.R. 3974, Trade Adjustment Assistance Modernization Act of 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr3974ih-bills-117hr3974ih/
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I
117TH CONGRESS
1ST SESSION
H. R. 3974
To extend the trade adjustment assistance program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 17, 2021
Mr. BLUMENAUER (for himself, Mr. KILDEE, Ms. DELBENE, Ms. MOORE of
Wisconsin, Mr. KIND, Mr. HORSFORD, Ms. SEWELL, Mr. SCHNEIDER,
Mr. BEYER, Mr. PANETTA, Mr. SUOZZI, Mr. PASCRELL, Ms. CHU, Mr.
EVANS, Mr. DANNY K. DAVIS of Illinois, Ms. PLASKETT, Mr. GOMEZ,
Ms. SÁNCHEZ, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. DOGGETT,
Mr. HIGGINS of New York, Mr. LARSON of Connecticut, and Mr. THOMP-
SON of California) introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To extend the trade adjustment assistance program, and
for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘Trade Adjustment Assistance Modernization Act of
6 2021’’.
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7 (b) TABLE OF CONTENTS.—The table of contents for
8 this Act is as follows:
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Sec. 1. Short title; table of contents.
Sec. 2. Application of provisions relating to trade adjustment assistance.
TITLE I—TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
Sec. 101. Filing petitions.
Sec. 102. Group eligibility requirements.
Sec. 103. Application of determinations of eligibility to workers employed by
successors-in-interest.
Sec. 104. Provision of benefit information to workers.
Sec. 105. Qualifying requirements for workers.
Sec. 106. Modification to trade readjustment allowances.
Sec. 107. Automatic extension of trade readjustment allowances.
Sec. 108. Employment and case management services.
Sec. 109. Training.
Sec. 110. Job search, relocation, and child care allowances.
Sec. 111. Agreements with States.
Sec. 112. Reemployment trade adjustment assistance program.
Sec. 113. Extension of trade adjustment assistance to public agency workers.
Sec. 114. Definitions.
Sec. 115. Subpoena power.
Sec. 116. Data collection with respect to training.
Sec. 117. Sense of Congress.
TITLE II—TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
Sec. 201. Petitions and determinations.
Sec. 202. Approval of adjustment proposals.
Sec. 203. Technical assistance.
Sec. 204. Annual report on trade adjustment assistance for firms.
Sec. 205. Definitions.
Sec. 206. Plan for outreach to potentially eligible firms.
TITLE III—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
Sec. 301. Trade adjustment assistance for communities.
Sec. 302. Community College and Career Training Grant Program.
TITLE IV—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
Sec. 401. Definitions.
Sec. 402. Group eligibility requirements.
Sec. 403. Annual report.
Sec. 404. Benefit information to agricultural commodity producers.
Sec. 405. Qualifying requirements and benefits for agricultural commodity pro-
ducers.
TITLE V—OTHER MATTERS
Sec. 501. Extension of trade adjustment assistance program.
Sec. 502. Applicability of trade adjustment assistance provisions.
TITLE VI—HEALTH CARE TAX CREDIT
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Sec. 601. Permanent credit for health insurance costs.
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1 SEC. 2. APPLICATION OF PROVISIONS RELATING TO TRADE
2 ADJUSTMENT ASSISTANCE.
3 (a) EFFECTIVE DATE; APPLICABILITY.—Except as
4 otherwise provided in this Act, the provisions of chapters
5 2 through 6 of title II of the Trade Act of 1974, as in
6 effect on June 30, 2021, and as amended by this Act,
7 shall—
8 (1) take effect on the date of the enactment of
9 this Act; and
10 (2) apply with respect to petitions for certifi-
11 cation filed under chapter 2, 3, 4, or 6 of title II of
12 the Trade Act of 1974 on or after such date of en-
13 actment.
14 (b) REFERENCE.—Except as otherwise provided in
15 this Act, whenever in this Act an amendment or repeal
16 is expressed in terms of an amendment to, or repeal of,
17 a provision of chapters 2 through 6 of title II of the Trade
18 Act of 1974, the reference shall be considered to be made
19 to a provision of any such chapter, as in effect on June
20 30, 2021.
21 (c) REPEAL OF SNAPBACK.—Section 406 of the
22 Trade Adjustment Assistance Reauthorization Act of
23 2015 (Public Law 114–27; 129 Stat. 379) is repealed.
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1 TITLE I—TRADE ADJUSTMENT
2 ASSISTANCE FOR WORKERS
3 SEC. 101. FILING PETITIONS.
4 Section 221(a)(1) of the Trade Act of 1974 (19
5 U.S.C. 2271(a)(1)) is amended—
6 (1) by amending subparagraph (A) to read as
7 follows:
8 ‘‘(A) One or more workers in the group of
9 workers.’’; and
10 (2) in subparagraph (C)—
11 (A) by striking ‘‘or a State dislocated
12 worker unit’’ and inserting ‘‘a State dislocated
13 worker unit’’; and
14 (B) by adding at the end before the period
15 the following: ‘‘, or workforce intermediaries, in-
16 cluding labor-management organizations that
17 carry out re-employment and training services’’.
18 SEC. 102. GROUP ELIGIBILITY REQUIREMENTS.
19 (a) IN GENERAL.—Section 222(a)(2) of the Trade
20 Act of 1974 (19 U.S.C. 2272(a)(2)) is amended—
21 (1) in subparagraph (A)—
22 (A) in clause (i), by inserting ‘‘or failed to
23 increase’’ after ‘‘absolutely’’; and
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24 (B) in clause (iii)—
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1 (i) by striking ‘‘to the decline’’ and in-
2 serting ‘‘to any decline or absence of in-
3 crease’’; and
4 (ii) by striking ‘‘or’’ at the end;
5 (2) in subparagraph (B)(ii), by striking the pe-
6 riod at the end and inserting ‘‘; or’’; and
7 (3) by adding at the end the following:
8 ‘‘(C)(i) the sales or production, or both, of such
9 firm have decreased;
10 ‘‘(ii)(I) exports of articles produced or services
11 supplied by such workers’ firm have decreased; or
12 ‘‘(II) imports of articles or services necessary
13 for the production of articles or services supplied by
14 such firm have decreased; and
15 ‘‘(iii) the decrease in exports or imports de-
16 scribed in clause (ii) contributed to such workers’
17 separation or threat of separation and to the decline
18 in the sales or production of such firm.’’.
19 (b) REPEAL.—Section 222 of the Trade Act of 1974
20 (19 U.S.C. 2272) is amended—
21 (1) in subsections (a) and (b), by striking ‘‘im-
22 portantly’’ each place it appears; and
23 (2) in subsection (c)—
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24 (A) by striking paragraph (1); and
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1 (B) by redesignating paragraphs (2)
2 through (4) as paragraphs (1) through (3), re-
3 spectively.
4 (c) ELIGIBILITY OF STAFFED WORKERS AND TELE-
5 WORKERS.—Section 222 of the Trade Act of 1974 (19
6 U.S.C. 2272), as amended by subsection (b), is further
7 amended by adding at the end the following:
8 ‘‘(f) TREATMENT OF STAFFED WORKERS AND TELE-
9 WORKERS.—
10 ‘‘(1) IN GENERAL.—For purposes of subsection
11 (a), workers in a firm include staffed workers and
12 teleworkers.
13 ‘‘(2) DEFINITIONS.—In this subsection:
14 ‘‘(A) STAFFED WORKER.—The term
15 ‘staffed worker’ means a worker who performs
16 work under the operational control of a firm
17 that is the subject of a petition filed under sec-
18 tion 221, even if the worker is directly em-
19 ployed by another firm.
20 ‘‘(B) TELEWORKER.—The term ‘tele-
21 worker’ means a worker who works remotely
22 but who reports to the location listed for a firm
23 in a petition filed under section 221.’’.
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1 SEC. 103. APPLICATION OF DETERMINATIONS OF ELIGI-
2 BILITY TO WORKERS EMPLOYED BY SUCCES-
3 SORS-IN-INTEREST.
4 Section 223 of the Trade Act of 1974 (19 U.S.C.
5 2273) is amended by adding at the end the following:
6 ‘‘(f) TREATMENT OF WORKERS OF SUCCESSORS-IN-
7 INTEREST.—If the Secretary certifies a group of workers
8 of a firm as eligible to apply for adjustment assistance
9 under this chapter, a worker of a successor-in-interest to
10 that firm shall be covered by the certification to the same
11 extent as a worker of that firm.’’.
12 SEC. 104. PROVISION OF BENEFIT INFORMATION TO WORK-
13 ERS.
14 Section 225 of the Trade Act of 1974 (19 U.S.C.
15 2275) is amended—
16 (1) in subsection (a), by inserting after the sec-
17 ond sentence the following new sentence: ‘‘The Sec-
18 retary shall make every effort to provide such infor-
19 mation and assistance to workers in their native lan-
20 guage.’’; and
21 (2) in subsection (b)—
22 (A) by redesignating paragraph (2) as
23 paragraph (3);
24 (B) by inserting after paragraph (1) the
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25 following:
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1 ‘‘(2) The Secretary shall provide a second notice to
2 a worker described in paragraph (1) before the worker has
3 exhausted all rights to any unemployment insurance to
4 which the worker is entitled (other than additional com-
5 pensation described in section 231(a)(3)(B) funded by a
6 State and not reimbursed from Federal funds).’’;
7 (C) in paragraph (3), as redesignated by
8 paragraph (1), by inserting ‘‘print or digital’’
9 before ‘‘newspapers’’; and
10 (D) by adding at the end the following:
11 ‘‘(4) For purposes of providing outreach regarding
12 the benefits available under this chapter to workers cov-
13 ered by a certification made under this subchapter, the
14 Secretary may take any necessary actions, including the
15 following:
16 ‘‘(A) Collecting the email addresses and tele-
17 phone numbers of such workers from the employers
18 of such workers to provide outreach to such workers.
19 ‘‘(B) Partnering with the certified or recognized
20 union, a community-based worker organization, or
21 other duly authorized representatives of such work-
22 ers.
23 ‘‘(C) Hiring peer support workers to perform
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24 outreach to other workers covered by that certifi-
25 cation.
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1 ‘‘(D) Using advertising methods and public in-
2 formation campaigns, including social media, in ad-
3 dition to notice published in print or digital news-
4 papers under paragraph (3).’’.
5 SEC. 105. QUALIFYING REQUIREMENTS FOR WORKERS.
6 (a) MODIFICATION OF CONDITIONS.—
7 (1) IN GENERAL.—Section 231(a) of the Trade
8 Act of 1974 (19 U.S.C. 2291(a)) is amended—
9 (A) by striking paragraph (2);
10 (B) by redesignating paragraphs (3), (4),
11 and (5) as paragraphs (2), (3), and (4), respec-
12 tively; and
13 (C) in paragraph (4) (as redesignated), by
14 striking ‘‘paragraphs (1) and (2)’’ each place it
15 appears and inserting ‘‘paragraph (1)’’.
16 (2) CONFORMING AMENDMENTS.—(A) Section
17 232 of the Trade Act of 1974 (19 U.S.C. 2292) is
18 amended by striking ‘‘section 231(a)(3)(B)’’ each
19 place it appears and inserting ‘‘section
20 231(a)(2)(B)’’.
21 (B) Section 233(a) of the Trade Act of 1974
22 (19 U.S.C. 2293(a)) is amended—
23 (i) in paragraph (1), by striking ‘‘section
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24 231(a)(3)(A)’’ and inserting ‘‘section
25 231(a)(2)(A)’’; and
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1 (ii) in paragraph (2)—
2 (I) by striking ‘‘adversely affected em-
3 ployment’’ and all that follows through
4 ‘‘(A) within’’ and inserting ‘‘adversely af-
5 fected employment within’’;
6 (II) by striking ‘‘, and’’ and inserting
7 a period; and
8 (III) by striking subparagraph (B).
9 (b) WAIVERS OF TRAINING REQUIREMENTS.—Sec-
10 tion 231(c)(1) of the Trade Act of 1974 (19 U.S.C.
11 2291(c)(1)) is amended—
12 (1) by redesignating subparagraphs (A), (B),
13 and (C) as subparagraphs (D), (E), and (F), respec-
14 tively; and
15 (2) by inserting before subparagraph (D) (as
16 redesignated) the following:
17 ‘‘(A) RECALL.—The worker has been noti-
18 fied that the worker will be recalled by the firm
19 from which the separation occurred.
20 ‘‘(B) MARKETABLE SKILLS.—The worker
21 possesses marketable skills for suitable employ-
22 ment (as determined pursuant to an assessment
23 of the worker, which may include the profiling
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24 system under section 303(j) of the Social Secu-
25 rity Act (42 U.S.C. 503(j)), carried out in ac-
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1 cordance with guidelines issued by the Sec-
2 retary) and there is a reasonable expectation of
3 employment at equivalent wages in the foresee-
4 able future.
5 ‘‘(C) RETIREMENT.—The worker is within
6 2 years of meeting all requirements for entitle-
7 ment to either—
8 ‘‘(i) old-age insurance benefits under
9 title II of the Social Security Act (42
10 U.S.C. 401 et seq.) (except for application
11 therefor); or
12 ‘‘(ii) a private pension sponsored by
13 an employer or labor organization.’’.
14 SEC. 106. MODIFICATION TO TRADE READJUSTMENT AL-
15 LOWANCES.
16 (a) PAYMENT TO COMPLETE TRAINING.—Section
17 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amend-
18 ed—
19 (1) in subsection (a)—
20 (A) in paragraph (2), by inserting after
21 ‘‘104-week period’’ the following: ‘‘(or, in the
22 case of an adversely affected worker who re-
23 quires a program of prerequisite education or
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24 remedial education (as described in section
25 236(a)(5)(D)) in order to complete training ap-
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1 proved for the worker under section 236, the
2 130-week period)’’;
3 (B) in paragraph (3), by striking ‘‘65 addi-
4 tional weeks in the 78-week period’’ and insert-
5 ing ‘‘78 additional weeks in the 91-week pe-
6 riod’’; and
7 (C) in the flush text, by striking ‘‘78-week
8 period’’ and inserting ‘‘91-week period’’; and
9 (2) by amending subsection (f) to read as fol-
10 lows:
11 ‘‘(f) PAYMENT OF TRADE READJUSTMENT ALLOW-
12 ANCES TO COMPLETE TRAINING.—Notwithstanding any
13 other provision of this section, in order to assist an ad-
14 versely affected worker to complete training approved for
15 the worker under section 236 that includes a program of
16 prerequisite education or remedial education (as described
17 in section 236(a)(5)(D)), and in accordance with regula-
18 tions prescribed by the Secretary, payments may be made
19 as trade readjustment allowances for up to 26 additional
20 weeks in the 26-week period that follows the last week of
21 entitlement to trade readjustment allowances otherwise
22 payable under this chapter.’’.
23 (b) PAYMENT TO WORKERS IN ON-THE-JOB TRAIN-
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24 ING, CUSTOMIZED TRAINING, OR APPRENTICESHIP PRO-
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1 GRAMS.—Section 233(d) of the Trade Act of 1974 (19
2 U.S.C. 2293(d)) is amended to read as follows:
3 ‘‘(d) PAYMENT TO WORKERS IN ON-THE-JOB TRAIN-
4 ING, CUSTOMIZED TRAINING, OR APPRENTICESHIP PRO-
5 GRAMS.—
6 ‘‘(1) IN GENERAL.—Except as provided in para-
7 graph (2) and notwithstanding any other provision
8 of this chapter, a trade readjustment allowance may
9 be paid under this part to an adversely affected
10 worker for any week during which the worker is re-
11 ceiving on-the-job training or customized training, or
12 is participating in a registered apprenticeship pro-
13 gram, under section 236.
14 ‘‘(2) INCOME LIMITATION.—The Secretary shall
15 reduce the amount of the trade readjustment allow-
16 ance otherwise payable to a worker under paragraph
17 (1) to ensure that the sum of the income of the
18 worker from the on-the-job training, customized
19 training, or apprenticeship program described in
20 that paragraph and the trade readjustment allow-
21 ance paid to the worker under that paragraph does
22 not exceed $70,000 during a year.
23 ‘‘(3) ADJUSTMENT OF INCOME LIMITATION FOR
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24 INFLATION.—
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1 ‘‘(A) IN GENERAL.—The Secretary of
2 Labor shall adjust the income limitation under
3 paragraph (2) on October 1, 2021, and at the
4 beginning of each fiscal year thereafter, to re-
5 flect the percentage (if any) of the increase in
6 the average of the Consumer Price Index for
7 the preceding 12-month period compared to the
8 Consumer Price Index for fiscal year 2020.
9 ‘‘(B) SPECIAL RULES FOR CALCULATION
10 OF ADJUSTMENT.—In making an adjustment
11 under subparagraph (A), the Secretary—
12 ‘‘(i) shall round the amount of any in-
13 crease in the Consumer Price Index to the
14 nearest dollar; and
15 ‘‘(ii) may ignore any such increase of
16 less than 1 percent.
17 ‘‘(C) CONSUMER PRICE INDEX DEFINED.—
18 For purposes of this paragraph, the term ‘Con-
19 sumer Price Index’ means the Consumer Price
20 Index for All Urban Consumers published by
21 the Bureau of Labor Statistics of the Depart-
22 ment of Labor.’’.
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1 SEC. 107. AUTOMATIC EXTENSION OF TRADE READJUST-
2 MENT ALLOWANCES.
3 (a) IN GENERAL.—Part I of subchapter B of chapter
4 2 of title II of the Trade Act of 1974 (19 U.S.C. 2291
5 et seq.) is amended by inserting after section 233 the fol-
6 lowing new section:
7 ‘‘SEC. 233A. AUTOMATIC EXTENSION OF TRADE READJUST-
8 MENT ALLOWANCES.
9 ‘‘(a) IN GENERAL.—Notwithstanding the limitations
10 under section 233(a), the Secretary shall extend the period
11 during which trade readjustment allowances are payable
12 to an adversely affected worker who completes training ap-
13 proved under section 236 by the Secretary during a period
14 of heightened unemployment with respect to the State in
15 which such worker seeks benefits, for the shorter of—
16 ‘‘(1) the 26-week period beginning on the date
17 of completion of such training; or
18 ‘‘(2) the period ending on the date on which the
19 adversely affected worker secures employment.
20 ‘‘(b) JOB SEARCH REQUIRED.—A worker shall only
21 be eligible for an extension under subsection (a) if the
22 worker is complying with the job search requirements as-
23 sociated with unemployment insurance in the applicable
24 State.
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25 ‘‘(c) PERIOD OF HEIGHTENED UNEMPLOYMENT DE-
26 FINED.—In this section, the term ‘period of heightened
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1 unemployment’ with respect to a State means a 90-day
2 period during which, in the determination of the Sec-
3 retary, either of the following average rates equals or ex-
4 ceeds 5.5 percent:
5 ‘‘(1) The average rate of total unemployment in
6 such State (seasonally adjusted) for the period con-
7 sisting of the most recent 90 days for which data for
8 all States are published before the close of such pe-
9 riod.
10 ‘‘(2) The average rate of total unemployment in
11 all States (seasonally adjusted) for the period con-
12 sisting of the most recent 90 days for which data for
13 all States are published before the close of such pe-
14 riod.’’.
15 (b) CLERICAL AMENDMENT.—The table of contents
16 for the Trade Act of 1974 is amended by inserting after
17 the item relating to section 233 the following:
‘‘Sec. 233A. Automatic extension of trade readjustment allowances.’’.
18 SEC. 108. EMPLOYMENT AND CASE MANAGEMENT SERV-
19 ICES.
20 Section 235 of the Trade Act of 1974 (19 U.S.C.
21 2295) is amended—
22 (1) in paragraph (3)—
23 (A) by inserting after ‘‘regional areas’’ the
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24 following: ‘‘(including information about reg-
25 istered apprenticeship programs, on-the-job
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1 training opportunities, and other work-based
2 learning opportunities)’’; and
3 (B) by inserting after ‘‘suitable training’’
4 the following: ‘‘, information regarding the
5 track record of a training provider’s ability to
6 successfully place participants into suitable em-
7 ployment’’;
8 (2) by redesignating paragraph (8) as para-
9 graph (9); and
10 (3) by inserting after paragraph (7) the fol-
11 lowing:
12 ‘‘(8) Information related to direct job place-
13 ment, including facilitating the extent to which em-
14 ployers within the community commit to employing
15 workers who would benefit from the employment and
16 case management services under this section.’’.
17 SEC. 109. TRAINING.
18 Section 236(a) of the Trade Act of 1974 (19 U.S.C.
19 2296(a)) is amended—
20 (1) in paragraph (1)(D), by inserting ‘‘, with a
21 demonstrated ability to place participants into em-
22 ployment’’ before the comma at the end;
23 (2) by striking paragraph (3);
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24 (3) by redesignating paragraphs (4) through
25 (11) as paragraphs (3) through (10), respectively;
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1 (4) in paragraph (4) (as redesignated)—
2 (A) in the matter preceding subparagraph
3 (A), by striking ‘‘paragraph (10)’’ and inserting
4 ‘‘paragraph (9)’’;
5 (B) in subparagraph (F), by striking
6 ‘‘paragraph (7)’’ and inserting ‘‘paragraph
7 (6)’’;
8 (C) in subparagraph (G), by striking ‘‘,
9 and’’ and inserting a comma;
10 (D) in subparagraph (H)(ii), by striking
11 the period at the end and inserting ‘‘, and’’;
12 and
13 (E) by adding at the end before the flush
14 text the following:
15 ‘‘(I) pre-apprenticeship training.’’; and
16 (5) in paragraph (9) (as redesignated)—
17 (A) in subparagraph (A), by striking
18 ‘‘paragraph (5)(A)(i)’’ and inserting ‘‘para-
19 graph (4)(A)(i)’’; and
20 (B) in subparagraph (B), by striking
21 ‘‘paragraph (5)(A)(ii)’’ and inserting ‘‘para-
22 graph (4)(A)(ii)’’.
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1 SEC. 110. JOB SEARCH, RELOCATION, AND CHILD CARE AL-
2 LOWANCES.
3 (a) JOB SEARCH ALLOWANCES.—Section 237 of the
4 Trade Act of 1974 (19 U.S.C. 2297) is amended—
5 (1) in subsection (a)(1), by striking ‘‘may use
6 funds made available to the State to carry out sec-
7 tions 235 through 238’’ and inserting ‘‘shall use,
8 from funds made available to the State to carry out
9 sections 235 through 238A, such amounts as may be
10 necessary’’;
11 (2) in subsection (a)(2), in the matter pre-
12 ceding subparagraph (A), by striking ‘‘may grant’’
13 and inserting ‘‘shall grant’’; and
14 (3) in subsection (b)—
15 (A) in paragraph (1), by striking ‘‘not
16 more than 90 percent’’ and inserting ‘‘100 per-
17 cent’’;
18 (B) in paragraph (2), by striking ‘‘$1,250’’
19 and inserting ‘‘$2,000 (subject to adjustment
20 under paragraph (4))’’; and
21 (C) by adding at the end the following:
22 ‘‘(4) ADJUSTMENT OF MAXIMUM ALLOWANCE
23 LIMITATION FOR INFLATION.—
24 ‘‘(A) IN GENERAL.—The Secretary of
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25 Labor shall adjust the maximum allowance limi-
26 tation under paragraph (2) on October 1, 2021,
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1 and at the beginning of each fiscal year there-
2 after, to reflect the percentage (if any) of the
3 increase in the average of the Consumer Price
4 Index for the preceding 12-month period com-
5 pared to the Consumer Price Index for fiscal
6 year 2020.
7 ‘‘(B) SPECIAL RULES FOR CALCULATION
8 OF ADJUSTMENT.—In making an adjustment
9 under subparagraph (A), the Secretary—
10 ‘‘(i) shall round the amount of any in-
11 crease in the Consumer Price Index to the
12 nearest dollar; and
13 ‘‘(ii) may ignore any such increase of
14 less than 1 percent.
15 ‘‘(C) CONSUMER PRICE INDEX DEFINED.—
16 For purposes of this paragraph, the term ‘Con-
17 sumer Price Index’ means the Consumer Price
18 Index for All Urban Consumers published by
19 the Bureau of Labor Statistics of the Depart-
20 ment of Labor.’’.
21 (b) RELOCATION ALLOWANCES.—Section 238 of the
22 Trade Act of 1974 (19 U.S.C. 2298) is amended—
23 (1) in subsection (a)(1), by striking ‘‘may use
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24 funds made available to the State to carry out sec-
25 tions 235 through 238’’ and inserting ‘‘shall use,
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1 from funds made available to the State to carry out
2 sections 235 through 238A, such amounts as may be
3 necessary’’;
4 (2) in subsection (a)(2), in the matter pre-
5 ceding subparagraph (A), by striking ‘‘may be grant-
6 ed’’ and inserting ‘‘shall be granted’’;
7 (3) in subsection (b)—
8 (A) in paragraph (1), by striking ‘‘not
9 more than 90 percent’’ and inserting ‘‘100 per-
10 cent’’; and
11 (B) in paragraph (2), by striking ‘‘$1,250’’
12 and inserting ‘‘$2,000 (subject to adjustment
13 under subsection (d))’’; and
14 (4) by adding at the end the following:
15 ‘‘(d) ADJUSTMENT OF MAXIMUM PAYMENT LIMITA-
16 TION FOR INFLATION.—
17 ‘‘(1) IN GENERAL.—The Secretary of Labor
18 shall adjust the maximum payment limitation under
19 subsection (b)(2) on October 1, 2021, and at the be-
20 ginning of each fiscal year thereafter, to reflect the
21 percentage (if any) of the increase in the average of
22 the Consumer Price Index for the preceding 12-
23 month period compared to the Consumer Price
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24 Index for fiscal year 2020.
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1 ‘‘(2) SPECIAL RULES FOR CALCULATION OF AD-
2 JUSTMENT.—In making an adjustment under para-
3 graph (1), the Secretary—
4 ‘‘(A) shall round the amount of any in-
5 crease in the Consumer Price Index to the near-
6 est dollar; and
7 ‘‘(B) may ignore any such increase of less
8 than 1 percent.
9 ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For
10 purposes of this subsection, the term ‘Consumer
11 Price Index’ means the Consumer Price Index for
12 All Urban Consumers published by the Bureau of
13 Labor Statistics of the Department of Labor.’’.
14 (c) CHILD CARE ALLOWANCES.—
15 (1) IN GENERAL.—Part II of subchapter B of
16 chapter 2 of title II of the Trade Act of 1974 (19
17 U.S.C. 2295 et seq.) is amended by adding at the
18 end the following:
19 ‘‘SEC. 238A. CHILD CARE ALLOWANCES.
20 ‘‘(a) CHILD CARE ALLOWANCES AUTHORIZED.—
21 ‘‘(1) IN GENERAL.—Each State shall use, from
22 funds made available to the State to carry out sec-
23 tions 235 through 238A, such amounts as may be
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24 necessary to allow an adversely affected worker cov-
25 ered by a certification issued under subchapter A of
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1 this chapter to file an application for a child care al-
2 lowance with the Secretary, and the Secretary may
3 grant the child care allowance, subject to the terms
4 and conditions of this section.
5 ‘‘(2) CONDITIONS FOR GRANTING ALLOW-
6 ANCE.—A child care allowance shall be granted if
7 the allowance will assist an adversely affected worker
8 to attend training or seek suitable employment, by
9 providing for the care of one or more of the minor
10 dependents of the worker.
11 ‘‘(b) AMOUNT OF ALLOWANCE.—Any child care al-
12 lowance granted to a worker under subsection (a) shall
13 not exceed $2,000 per minor dependent per year.
14 ‘‘(c) ADJUSTMENT OF MAXIMUM ALLOWANCE LIMI-
15 TATION FOR INFLATION.—
16 ‘‘(1) IN GENERAL.—The Secretary of Labor
17 shall adjust the maximum allowance limitation under
18 subsection (b) on October 1, 2021, and at the begin-
19 ning of each fiscal year thereafter, to reflect the per-
20 centage (if any) of the increase in the average of the
21 Consumer Price Index for the preceding 12-month
22 period compared to the Consumer Price Index for
23 fiscal year 2020.
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1 ‘‘(2) SPECIAL RULES FOR CALCULATION OF AD-
2 JUSTMENT.—In making an adjustment under para-
3 graph (1), the Secretary—
4 ‘‘(A) shall round the amount of any in-
5 crease in the Consumer Price Index to the near-
6 est dollar; and
7 ‘‘(B) may ignore any such increase of less
8 than 1 percent.
9 ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For
10 purposes of this subsection, the term ‘Consumer
11 Price Index’ means the Consumer Price Index for
12 All Urban Consumers published by the Bureau of
13 Labor Statistics of the Department of Labor.’’.
14 (2) CONFORMING AMENDMENTS.—
15 (A) LIMITATIONS ON ADMINISTRATIVE EX-
16 PENSES AND EMPLOYMENT AND CASE MANAGE-
17 MENT SERVICES.—Section 235A of the Trade
18 Act of 1974 (19 U.S.C. 2295a) is amended in
19 the matter preceding paragraph (1) by striking
20 ‘‘through 238’’ and inserting ‘‘through 238A’’.
21 (B) TRAINING.—Section 236(a)(2) of the
22 Trade Act of 1974 (19 U.S.C. 2296(a)(2)) is
23 amended—
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1 (i) in subparagraph (A), by striking
2 ‘‘and 238’’ and inserting ‘‘238, and
3 238A’’;
4 (ii) in subparagraph (B), by striking
5 ‘‘and 238’’ each place it appears and in-
6 serting ‘‘238, and 238A’’;
7 (iii) in subparagraph (C)(i), by strik-
8 ing ‘‘and 238’’ and inserting ‘‘238, and
9 238A’’;
10 (iv) in subparagraph (C)(v), by strik-
11 ing ‘‘and 238’’ and inserting ‘‘238, and
12 238A’’; and
13 (v) in subparagraph (E), by striking
14 ‘‘and 238’’ each place it appears and in-
15 serting ‘‘238, and 238A’’.
16 (C) COLLECTION AND PUBLICATION OF
17 DATA.—Section 249B(b)(6) of the Trade Act of
18 1974 (19 U.S.C. 2323(b)(6)) is amended by
19 striking ‘‘through 238’’ each place it appears
20 and inserting ‘‘through 238A’’.
21 (3) CLERICAL AMENDMENT.—The table of con-
22 tents for the Trade Act of 1974 is amended by add-
23 ing after the item relating to section 238 the fol-
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24 lowing new item:
‘‘Sec. 238A. Child care allowances.’’.
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1 SEC. 111. AGREEMENTS WITH STATES.
2 (a) COORDINATION.—Section 239(f) of the Trade Act
3 of 1974 (19 U.S.C. 2311(f)) is amended—
4 (1) by striking ‘‘(f) Any agreement’’ and insert-
5 ing the following:
6 ‘‘(f)(1) Any agreement’’; and
7 (2) by adding at the end the following:
8 ‘‘(2) Each cooperating State agency shall arrange for
9 training programs to be carried out by entities that—
10 ‘‘(A) have a proven track record in achieving a
11 satisfactory rate of completion and placement in jobs
12 that provides a living wage, basic benefits that in-
13 crease economic security, and develop the skills, net-
14 works, and experiences necessary to advance along a
15 career path;
16 ‘‘(B) work to assist workers from underserved
17 communities to establish a work history, dem-
18 onstrate success in the workplace, and develop the
19 skills that lead to entry into and retention in unsub-
20 sidized employment;
21 ‘‘(C) facilitate joint cooperation between rep-
22 resentatives of workers, employers, and communities,
23 especially in underserved rural and urban regions, to
24 ensure a fair and engaging workplace that balances
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25 the priorities and well-being of workers with the
26 needs of businesses; and
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1 ‘‘(D) have a proven track record in adequately
2 serving individuals who face the greatest barriers to
3 employment, including people with low incomes, peo-
4 ple of color, immigrants, and formerly incarcerated
5 individuals.
6 ‘‘(3) Each cooperating State agency shall seek, in-
7 cluding through agreements and training programs de-
8 scribed in this subsection, to ensure the reemployment of
9 adversely affected workers upon completion of training as
10 described in section 236.’’.
11 (b) ADMINISTRATION.—
12 (1) IN GENERAL.—Section 239(g) of the Trade
13 Act of 1974 (19 U.S.C. 2311(g)) is amended—
14 (A) by redesignating—
15 (i) paragraphs (1) through (4) as
16 paragraphs (3) through (6), respectively;
17 and
18 (ii) paragraph (5) as paragraph (8);
19 (B) by inserting before paragraph (3) (as
20 redesignated) the following:
21 ‘‘(1) review each layoff of more than 5 workers
22 in a firm to determine whether trade played a role
23 in the layoff and whether workers in such firm are
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24 potentially eligible to receive benefits under this
25 chapter,
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1 ‘‘(2) perform outreach to firms to facilitate and
2 assist with filing petitions under section 221 and col-
3 lecting necessary supporting information,’’;
4 (C) in paragraph (3) (as redesignated), by
5 striking ‘‘who applies for unemployment insur-
6 ance of’’ and inserting ‘‘identified under para-
7 graph (1) of unemployment insurance benefits
8 and’’;
9 (D) in paragraph (4) (as redesignated), by
10 inserting ‘‘and assist with’’ after ‘‘facilitate’’;
11 (E) in paragraph (6) (as redesignated), by
12 striking ‘‘and’’ at the end;
13 (F) by inserting after paragraph (6) (as
14 redesignated) the following:
15 ‘‘(7) perform outreach to workers from under-
16 served communities and to firms that employ a ma-
17 jority or a substantial percentage of workers from
18 underserved communities and develop a plan, in con-
19 sultation with the Secretary, for addressing common
20 barriers to receiving services that such workers have
21 faced,’’;
22 (G) in paragraph (8) (as redesignated), by
23 striking ‘‘funds provided to carry out this chap-
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24 ter are insufficient to make such services avail-
25 able, make arrangements to make such services
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1 available through other Federal programs’’ and
2 inserting ‘‘support services are needed beyond
3 what this chapter can provide, make arrange-
4 ments to coordinate such services available
5 through other Federal programs’’; and
6 (H) by adding at the end the following:
7 ‘‘(9) develop a strategy to engage with local
8 workforce development institutions, including local
9 community colleges and other educational institu-
10 tions, and
11 ‘‘(10) develop a comprehensive strategy to pro-
12 vide agency staffing to support the requirements of
13 paragraphs (1) through (9).’’.
14 (2) LIMITATIONS ON ADMINISTRATIVE EX-
15 PENSES AND EMPLOYMENT AND CASE MANAGEMENT
16 SERVICES.—Section 235A of the Trade Act of 1974
17 (19 U.S.C. 2295a) is amended—
18 (A) by striking ‘‘Of the funds’’ and insert-
19 ing ‘‘(a) IN GENERAL.—Of the funds’’; and
20 (B) by adding at the end the following:
21 ‘‘(b) CLARIFICATION.—Activities described in para-
22 graphs (1) through (9) of section 239(g) shall not be con-
23 sidered to be activities relating to the administration of
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24 the trade adjustment assistance for workers program for
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1 purposes of the limitation on administrative expenses
2 under subsection (a)(1).’’.
3 (c) PERFORMANCE MEASURES.—Section 239(j)(2) of
4 the Trade Act of 1974 (19 U.S.C. 2311(j)(2)) is amend-
5 ed—
6 (1) by amending subparagraph (B) to read as
7 follows:
8 ‘‘(B) ADDITIONAL INDICATORS AND ANA-
9 LYTICS.—The Secretary and a cooperating
10 State or cooperating State agency—
11 ‘‘(i) shall conduct a comparative anal-
12 ysis between the median earnings of work-
13 ers described in subparagraph (A)(i)(I)
14 and the distributions of earnings across
15 the workforce in the affected economic re-
16 gion; and
17 ‘‘(ii) may agree upon additional indi-
18 cators of performance for the trade adjust-
19 ment assistance program under this chap-
20 ter, as appropriate.’’; and
21 (2) by adding at the end the following:
22 ‘‘(C) DASHBOARD.—The Secretary shall
23 require each cooperating State and cooperating
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24 State agency to perform workforce analytics for
25 the purpose of creating a dashboard that in-
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1 cludes different measures of job quality for re-
2 employment and training activities provided
3 under this chapter.’’.
4 (d) STAFFING.—Section 239 of the Trade Act of
5 1974 (19 U.S.C. 2311) is amended by striking subsection
6 (k) and inserting the following:
7 ‘‘(k) STAFFING.—An agreement entered into under
8 this section shall provide that the cooperating State or co-
9 operating State agency shall require that any individual
10 engaged in functions to carry out the trade adjustment
11 assistance program under this chapter shall be a State em-
12 ployee covered by a merit system of personnel administra-
13 tion.’’.
14 SEC. 112. REEMPLOYMENT TRADE ADJUSTMENT ASSIST-
15 ANCE PROGRAM.
16 Section 246(a) of the Trade Act of 1974 (19 U.S.C.
17 2318(a)) is amended—
18 (1) in paragraph (3)(B)(ii), by striking
19 ‘‘$50,000’’ and inserting ‘‘$70,000 (subject to ad-
20 justment under paragraph (8))’’;
21 (2) in paragraph (4)(A), by striking ‘‘the earlier
22 of’’ and all that follows and inserting ‘‘the date on
23 which the worker obtains reemployment described in
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24 paragraph (3)(B).’’;
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1 (3) in paragraph (5)(B)(i), by striking
2 ‘‘$10,000’’ and inserting ‘‘$20,000 (subject to ad-
3 justment under paragraph (8))’’; and
4 (4) by adding at the end the following:
5 ‘‘(8) ADJUSTMENT OF SALARY LIMITATION AND
6 TOTAL AMOUNT OF PAYMENTS FOR INFLATION.—
7 ‘‘(A) IN GENERAL.—The Secretary of
8 Labor shall adjust the salary limitation under
9 paragraph (3)(B)(ii) and the amount under
10 paragraph (5)(B)(i) on October 1, 2021, and at
11 the beginning of each fiscal year thereafter, to
12 reflect the percentage (if any) of the increase in
13 the average of the Consumer Price Index for
14 the preceding 12-month period compared to the
15 Consumer Price Index for fiscal year 2020.
16 ‘‘(B) SPECIAL RULES FOR CALCULATION
17 OF ADJUSTMENT.—In making an adjustment
18 under subparagraph (A), the Secretary—
19 ‘‘(i) shall round the amount of any in-
20 crease in the Consumer Price Index to the
21 nearest dollar; and
22 ‘‘(ii) may ignore any such increase of
23 less than 1 percent.
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24 ‘‘(C) CONSUMER PRICE INDEX DEFINED.—
25 For purposes of this paragraph, the term ‘Con-
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1 sumer Price Index’ means the Consumer Price
2 Index for All Urban Consumers published by
3 the Bureau of Labor Statistics of the Depart-
4 ment of Labor.’’.
5 SEC. 113. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE
6 TO PUBLIC AGENCY WORKERS.
7 (a) DEFINITIONS.—Section 247 of the Trade Act of
8 1974 (19 U.S.C. 2319) is amended—
9 (1) in paragraph (3)—
10 (A) in the matter preceding subparagraph
11 (A), by striking ‘‘The’’ and inserting ‘‘Subject
12 to section 222(d)(5), the’’; and
13 (B) in subparagraph (A), by striking ‘‘or
14 service sector firm’’ and inserting ‘‘, service sec-
15 tor firm, or public agency’’; and
16 (2) by adding at the end the following:
17 ‘‘(20) The term ‘public agency’ means a depart-
18 ment or agency of a State or local government or of
19 the Federal Government.’’.
20 (b) GROUP ELIGIBILITY REQUIREMENTS.—Section
21 222 of the Trade Act of 1974 (19 U.S.C. 2272), as
22 amended by subsections (b) and (c) of section 102, is fur-
23 ther amended—
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1 (1) by redesignating subsections (c), (d), (e),
2 and (f) as subsections (d), (e), (f), and (g), respec-
3 tively;
4 (2) by inserting after subsection (b) the fol-
5 lowing:
6 ‘‘(c) ADVERSELY AFFECTED WORKERS IN PUBLIC
7 AGENCIES.—A group of workers in a public agency shall
8 be certified by the Secretary as eligible to apply for adjust-
9 ment assistance under this chapter pursuant to a petition
10 filed under section 221 if the Secretary determines that—
11 ‘‘(1) a significant number or proportion of the
12 workers in the public agency have become totally or
13 partially separated, or are threatened to become to-
14 tally or partially separated;
15 ‘‘(2) the public agency has acquired from a for-
16 eign country services like or directly competitive with
17 services which are supplied by such agency; and
18 ‘‘(3) the acquisition of services described in
19 paragraph (2) contributed to such workers’ separa-
20 tion or threat of separation.’’;
21 (3) in subsection (d) (as redesignated), by add-
22 ing at the end the following:
23 ‘‘(5) REFERENCE TO FIRM.—For purposes of
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24 subsections (a) and (b), the term ‘firm’ does not in-
25 clude a public agency.’’; and
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1 (4) in paragraph (2) of subsection (e) (as redes-
2 ignated), by striking ‘‘subsection (a) or (b)’’ and in-
3 serting ‘‘subsection (a), (b), or (c)’’.
4 SEC. 114. DEFINITIONS.
5 (a) EXTENSION OF ADJUSTMENT ASSISTANCE FOR
6 WORKERS TO TERRITORIES.—Section 247(7) of the
7 Trade Act of 1974 (19 U.S.C. 2319(7)) is amended—
8 (1) by inserting ‘‘, Guam, the Virgin Islands of
9 the United States, American Samoa, the Common-
10 wealth of the Northern Mariana Islands,’’ after
11 ‘‘District of Columbia’’; and
12 (2) by striking ‘‘such Commonwealth.’’ and in-
13 serting ‘‘such territories.’’.
14 (b) UNDERSERVED COMMUNITY.—Section 247 of the
15 Trade Act of 1974 (19 U.S.C. 2319), as amended by sec-
16 tion 113(a), is further amended by adding at the end the
17 following:
18 ‘‘(21) The term ‘underserved community’
19 means a community with populations sharing a par-
20 ticular characteristic that have been systematically
21 denied a full opportunity to participate in aspects of
22 economic, social, or civic life, such as Black, Latino,
23 and Indigenous and Native American persons, Asian
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1 color, and other populations otherwise adversely af-
2 fected by persistent poverty or inequality.’’.
3 SEC. 115. SUBPOENA POWER.
4 Section 249 of the Trade Act of 1974 (19 U.S.C.
5 2321) is amended—
6 (1) in subsection (a), by adding at the end the
7 following: ‘‘The authority under the preceding sen-
8 tence includes the authority of States to require, by
9 subpoena, a firm to provide information on workers
10 employed by, or totally or partially separated from,
11 the firm that is necessary to make a determination
12 under this chapter or to provide outreach to work-
13 ers, including the names and address of workers.’’;
14 and
15 (2) by adding at the end the following:
16 ‘‘(c) ENFORCEMENT OF SUBPOENAS BY STATES.—
17 A State may enforce compliance with a subpoena issued
18 under subsection (a)—
19 ‘‘(1) as provided for under State law; and
20 ‘‘(2) by petitioning an appropriate United
21 States district court for an order requiring compli-
22 ance with the subpoena.’’.
23 SEC. 116. DATA COLLECTION WITH RESPECT TO TRAINING.
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24 Section 249B of the Trade Act of 1974 (19 U.S.C.
25 2323) is amended—
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1 (1) in subsection (b)—
2 (A) in paragraph (1)—
3 (i) in subparagraph (B), by adding at
4 the end before the period the following: ‘‘,
5 and the relevant demographic information
6 (including race, ethnicity, gender, income
7 level, and age) regarding such workers’’;
8 and
9 (ii) in subparagraph (C)—
10 (I) by redesignating clauses (i)
11 and (ii) as clauses (ii) and (iii), re-
12 spectively; and
13 (II) by inserting before clause
14 (ii), as so redesignated, the following:
15 ‘‘(i) the country or countries in which
16 increased imports, shifts in production,
17 and other bases of eligibilities under sec-
18 tion 222 originated;’’;
19 (B) in paragraph (4)(B), by inserting
20 ‘‘training provider,’’ after ‘‘age,’’; and
21 (C) by adding at the end the following:
22 ‘‘(7) DATA ON INDIVIDUAL PETITIONS.—
23 ‘‘(A) IN GENERAL.—The following infor-
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24 mation with respect to each petition filed under
25 this chapter:
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1 ‘‘(i) The petition number.
2 ‘‘(ii) The names of the petitioner,
3 firm, and certified or recognized union or
4 other duly authorized representatives of
5 the group of workers.
6 ‘‘(iii) The names of the city and State
7 in which the firm is located.
8 ‘‘(iv) A description of the articles pro-
9 duced or services supplied by the firm.
10 ‘‘(v) The classification of the firm
11 under the North American Industry Classi-
12 fication System or the Standard Industrial
13 Classification.
14 ‘‘(vi) The relevant demographic infor-
15 mation (including race, ethnicity, gender,
16 income level, and age) regarding the work-
17 ers.
18 ‘‘(vii) The determination of the Sec-
19 retary to certify or deny the petition, in-
20 cluding the basis for the determination.
21 ‘‘(viii) If the petition was certified—
22 ‘‘(I) the country or countries in
23 which increased imports, shifts in pro-
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24 duction, or other bases of eligibilities
25 under section 222 originated; and
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1 ‘‘(II) the number of workers cov-
2 ered by the petition, the number of
3 workers who received benefits, and the
4 median earnings of workers upon
5 completion of training or receiving
6 other benefits under this chapter.
7 ‘‘(B) FORMAT.—The data collected and re-
8 ported under this paragraph shall be made
9 available to the public, in a searchable format
10 by each type of information required by clauses
11 (i) through (vii), with an option to receive
12 search results in an electronic spreadsheet for-
13 mat.’’; and
14 (2) in subsection (d)—
15 (A) in paragraph (2), by striking ‘‘and’’ at
16 the end;
17 (B) by redesignating paragraph (3) as
18 paragraph (4); and
19 (C) by inserting after paragraph (2) the
20 following:
21 ‘‘(3) information on compliance with section
22 239(g) and on the Secretary’s efforts to identify best
23 practices and support the development of proactive
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24 outreach programs in each State; and’’.
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1 SEC. 117. SENSE OF CONGRESS.
2 It is the sense of Congress that, in administering the
3 trade adjustment assistance program under chapter 2 of
4 title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.),
5 a State should—
6 (1) prioritize providing training that leads to
7 employment outcomes that replace 100 percent of an
8 adversely affected worker’s wages;
9 (2) steer workers toward training that leads to
10 a livable wage and sustainable employment; and
11 (3) prioritize assistance for underserved com-
12 munities to promote equitable and inclusive eco-
13 nomic benefits for all workers.
14 TITLE II—TRADE ADJUSTMENT
15 ASSISTANCE FOR FIRMS
16 SEC. 201. PETITIONS AND DETERMINATIONS.
17 Section 251 of the Trade Act of 1974 (19 U.S.C.
18 2341) is amended—
19 (1) in the second sentence of subsection (a), by
20 striking ‘‘Upon’’ and inserting ‘‘Not later than 5
21 days after’’;
22 (2) by amending subsection (c) to read as fol-
23 lows:
24 ‘‘(c)(1) The Secretary shall certify a firm (including
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25 any agricultural firm or service sector firm) as eligible to
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1 apply for adjustment assistance under this chapter if the
2 Secretary determines—
3 ‘‘(A)(i) that a significant number or proportion
4 of the workers in such firm have become totally or
5 partially separated, or are threatened to become to-
6 tally or partially separated, or
7 ‘‘(ii) that—
8 ‘‘(I) sales or production, or both, of the
9 firm have decreased absolutely or failed to in-
10 crease,
11 ‘‘(II) sales or production, or both, of an ar-
12 ticle or service that accounted for not less than
13 25 percent of the total sales or production of
14 the firm during the 12-month period preceding
15 the most recent 12-month period for which date
16 are available have decreased absolutely or failed
17 to increase,
18 ‘‘(III) sales or production, or both, of the
19 firm during the most recent 12-month period
20 for which data are available have decreased or
21 failed to increase compared to—
22 ‘‘(aa) the average annual sales or pro-
23 duction for the firm during the 24-month
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24 period preceding that 12-month period, or
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1 ‘‘(bb) the average annual sales or pro-
2 duction for the firm during the 36-month
3 period preceding that 12-month period,
4 and
5 ‘‘(IV) sales or production, or both, of an
6 article or service that accounted for not less
7 than 25 percent of the total sales or production
8 of the firm during the most recent 12-month
9 period for which data are available have de-
10 creased or failed to increase compared to—
11 ‘‘(aa) the average annual sales or pro-
12 duction for the article or service during the
13 24-month period preceding that 12-month
14 period, or
15 ‘‘(bb) the average annual sales or pro-
16 duction for the article or service during the
17 36-month period preceding that 12-month
18 period, and
19 ‘‘(B)(i) increases of imports of articles or serv-
20 ices like or directly competitive with articles which
21 are produced or services which are supplied by such
22 firm contributed to such total or partial separation,
23 or threat thereof, and to such decline or failure to
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24 increase in sales or production, or
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1 ‘‘(ii) decreases in exports of articles produced or
2 services supplied by such firm, or imports of articles
3 or services necessary for the production of articles or
4 services supplied by such firm, contributed to such
5 total or partial separation, or threat thereof, and to
6 such decline in sales or production.
7 ‘‘(2) For purposes of paragraph (1)(B):
8 ‘‘(A) Any firm which engages in exploration or
9 drilling for oil or natural gas shall be considered to
10 be a firm producing oil or natural gas.
11 ‘‘(B) Any firm that engages in exploration or
12 drilling for oil or natural gas, or otherwise produces
13 oil or natural gas, shall be considered to be pro-
14 ducing articles directly competitive with imports of
15 oil and with imports of natural gas.’’; and
16 (3) in subsection (d)—
17 (A) by striking ‘‘this section,’’ and insert-
18 ing ‘‘this section.’’; and
19 (B) by striking ‘‘but in any event’’ and all
20 that follows and inserting the following: ‘‘If the
21 Secretary does not make a determination with
22 respect to a petition within 55 days after the
23 date on which an investigation is initiated
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24 under subsection (a) with respect to the peti-
25 tion, the Secretary shall be deemed to have cer-
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1 tified the firm as eligible to apply for adjust-
2 ment assistance under this chapter.’’.
3 SEC. 202. APPROVAL OF ADJUSTMENT PROPOSALS.
4 Section 252 of the Trade Act of 1974 (19 U.S.C.
5 2342) is amended—
6 (1) in subsection (a), by adding at the end be-
7 fore the period the following: ‘‘and an assessment of
8 the potential employment outcomes of such pro-
9 posal’’; and
10 (2) in subsection (b), by striking ‘‘gives ade-
11 quate consideration to’’ and inserting ‘‘is in’’.
12 SEC. 203. TECHNICAL ASSISTANCE.
13 Section 253 of the Trade Act of 1974 (19 U.S.C.
14 2343) is amended—
15 (1) in subsection (a)(3), by adding at the end
16 before the period the following: ‘‘, including assist-
17 ance to provide skills training programs to employ-
18 ees of the firm’’; and
19 (2) by adding at the end the following:
20 ‘‘(c) AMOUNT OF ASSISTANCE.—
21 ‘‘(1) IN GENERAL.—A firm may receive tech-
22 nical assistance under this chapter with respect to
23 the firm’s economic adjustment proposal in an
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24 amount not to exceed $300,000, subject to adjust-
25 ment under paragraph (2).
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1 ‘‘(2) ADJUSTMENT OF SALARY LIMITATION FOR
2 INFLATION.—
3 ‘‘(A) IN GENERAL.—The Secretary of
4 Commerce shall adjust the technical assistance
5 limitation under paragraph (1) on October 1,
6 2021, and at the beginning of each fiscal year
7 thereafter, to reflect the percentage (if any) of
8 the increase in the average of the Consumer
9 Price Index for the preceding 12-month period
10 compared to the Consumer Price Index for fis-
11 cal year 2020.
12 ‘‘(B) SPECIAL RULES FOR CALCULATION
13 OF ADJUSTMENT.—In making an adjustment
14 under subparagraph (A), the Secretary—
15 ‘‘(i) shall round the amount of any in-
16 crease in the Consumer Price Index to the
17 nearest dollar; and
18 ‘‘(ii) may ignore any such increase of
19 less than 1 percent.
20 ‘‘(C) CONSUMER PRICE INDEX DEFINED.—
21 For purposes of this paragraph, the term ‘Con-
22 sumer Price Index’ means the Consumer Price
23 Index for All Urban Consumers published by
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24 the Bureau of Labor Statistics of the Depart-
25 ment of Labor.’’.
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1 SEC. 204. ANNUAL REPORT ON TRADE ADJUSTMENT AS-
2 SISTANCE FOR FIRMS.
3 Section 255A(a) of the Trade Act of 1974 (19 U.S.C.
4 2345a(a)) is amended—
5 (1) in paragraphs (11) and (12) by inserting
6 ‘‘wages,’’ before ‘‘and productivity’’ each place it ap-
7 pears; and
8 (2) by adding at the end the following:
9 ‘‘(20) The demographic information of firm
10 ownership of firms that inquired, applied, or were
11 approved for the program, including whether the
12 firm is owned by individuals from underserved com-
13 munities.
14 ‘‘(21) The demographic information of employ-
15 ees from firms that inquired, applied, or were ap-
16 proved for the program, including whether those em-
17 ployees are from underserved communities.’’.
18 SEC. 205. DEFINITIONS.
19 Section 259 of the Trade Act of 1974 (19 U.S.C.
20 2351) is amended by adding at the end the following:
21 ‘‘(3) UNDERSERVED COMMUNITY.—The term
22 ‘underserved community’ has the meaning given that
23 term in section 247.’’.
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1 SEC. 206. PLAN FOR OUTREACH TO POTENTIALLY ELIGI-
2 BLE FIRMS.
3 Chapter 3 of title II of the Trade Act of 1974 (19
4 U.S.C. 2341 et seq.) is amended by adding at the end
5 the following:
6 ‘‘SEC. 263. PLAN FOR OUTREACH TO POTENTIALLY ELIGI-
7 BLE FIRMS.
8 ‘‘(a) IN GENERAL.—The Secretary shall develop a
9 plan to provide outreach to firms that may be eligible for
10 adjustment assistance under this chapter.
11 ‘‘(b) MATTERS TO BE INCLUDED.—The plan re-
12 quired by paragraph (1) shall include the following:
13 ‘‘(1) Outreach to the United States Inter-
14 national Trade Commission and to such firms in in-
15 dustries with increased imports identified in the
16 Commission’s annual report regarding the operation
17 of the trade agreements program under section
18 163(c).
19 ‘‘(2) Outreach to such firms in the service sec-
20 tor.
21 ‘‘(3) Coordination with the Small Business Ad-
22 ministration to identify such firms that are small
23 businesses.
24 ‘‘(4) Outreach to such firms that are minority-
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25 or women-owned firms.
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1 ‘‘(5) Outreach to such firms that employ a ma-
2 jority or a substantial percentage of workers from
3 underserved communities.
4 ‘‘(c) UPDATES.—The Secretary shall update the plan
5 required under this section on an annual basis.
6 ‘‘(d) SUBMISSION TO CONGRESS.—The Secretary
7 shall submit the plan and each update to the plan required
8 under this section to Congress.’’.
9 TITLE III—TRADE ADJUSTMENT
10 ASSISTANCE FOR COMMUNITIES
11 SEC. 301. TRADE ADJUSTMENT ASSISTANCE FOR COMMU-
12 NITIES.
13 (a) PURPOSE.—The purpose of this section and the
14 amendments made by this section is to provide assistance
15 to communities impacted by trade through—
16 (1) the coordination of Federal, State, regional,
17 and local resources;
18 (2) the creation of community-based develop-
19 ment strategies; and
20 (3) the development and provision of programs
21 that meet the training needs of workers covered by
22 certifications under section 223 of the Trade Act of
23 1974 (19 U.S.C. 2273) (as amended by section
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24 103).
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1 (b) IN GENERAL.—Chapter 4 of title II of the Trade
2 Act of 1974 (19 U.S.C. 2371 et seq.) is amended—
3 (1) by inserting after the chapter heading the
4 following:
5 ‘‘Subchapter B—Community College and
6 Career Training Grant Program’’;
7 (2) by redesignating sections 271 and 272 as
8 sections 279 and 279A, respectively; and
9 (3) by inserting before subchapter B (as des-
10 ignated by paragraph (1)) the following:
11 ‘‘Subchapter A—Trade Adjustment Assistance
12 for Communities
13 ‘‘SEC. 271. DEFINITIONS.
14 ‘‘In this subchapter:
15 ‘‘(1) AGRICULTURAL COMMODITY PRODUCER.—
16 The term ‘agricultural commodity producer’ has the
17 meaning given that term in section 291.
18 ‘‘(2) COMMUNITY.—The term ‘community’
19 means a city, county, or other political subdivision of
20 a State or a consortium of political subdivisions of
21 a State.
22 ‘‘(3) ELIGIBLE COMMUNITY.—The term ‘eligible
23 community’ means a community that the Secretary
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24 has determined under section 273(b)(1) is eligible to
25 apply for assistance under this subchapter.
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1 ‘‘(4) SECRETARY.—The term ‘Secretary’ means
2 the Secretary of Commerce.
3 ‘‘(5) UNDERSERVED COMMUNITY.—The term
4 ‘underserved community’ has the meaning given that
5 term in section 247.
6 ‘‘SEC. 272. ESTABLISHMENT OF TRADE ADJUSTMENT AS-
7 SISTANCE FOR COMMUNITIES PROGRAM.
8 ‘‘The Secretary, acting through the Assistant Sec-
9 retary for Economic Development, shall, not later than 90
10 days after the date of the enactment of this subchapter,
11 establish a program to provide communities impacted by
12 trade with assistance in accordance with the requirements
13 of this subchapter.
14 ‘‘SEC. 273. ELIGIBILITY; NOTIFICATION.
15 ‘‘(a) PETITION.—
16 ‘‘(1) IN GENERAL.—Except as provided in para-
17 graph (2), a community may submit to the Secretary
18 a petition for a determination under subsection
19 (b)(1) that the community is eligible to apply for as-
20 sistance under this subchapter if—
21 ‘‘(A) on or after the date of the enactment
22 of this subchapter, one or more certifications
23 described in paragraph (3) of subsection (b) are
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24 made with respect to the community; and
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1 ‘‘(B) the community submits the petition
2 not later than 180 days after the date on which
3 the most recent such certification is made.
4 ‘‘(2) SPECIAL RULE.—In the case of a commu-
5 nity with respect to which one or more certifications
6 described in paragraph (3) of subsection (b) were
7 made on or after January 1, 1994, and before the
8 date of the enactment of this subchapter, the com-
9 munity may, not later than December 31, 2022, sub-
10 mit to the Secretary a petition for a determination
11 under subsection (b)(1) that the community is eligi-
12 ble to apply for assistance under this subchapter.
13 ‘‘(3) NOTIFICATION OF ELIGIBILITY.—If one or
14 more certifications described in paragraph (3) of
15 subsection (b) are made with respect to a commu-
16 nity, the Secretary shall, concurrently with each
17 such certification, notify the community and the
18 Governor of the State in which the community is lo-
19 cated of the ability of the community—
20 ‘‘(A) to submit to the Secretary a petition
21 under this subsection; and
22 ‘‘(B) to receive technical assistance under
23 paragraph (4) in developing the petition.
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24 ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary
25 shall, subject to the availability of appropriations,
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1 offer assistance in preparing a petition under this
2 subsection to any community that requests such as-
3 sistance.
4 ‘‘(b) AFFIRMATIVE DETERMINATION.—
5 ‘‘(1) IN GENERAL.—The Secretary shall make a
6 determination that a community is eligible to apply
7 for assistance under this subchapter if the Secretary
8 determines that the community is a community im-
9 pacted by trade in accordance with paragraph (2).
10 ‘‘(2) COMMUNITY IMPACTED BY TRADE.—A
11 community is a community impacted by trade if—
12 ‘‘(A) one or more certifications described
13 in paragraph (3) are made with respect to the
14 community; and
15 ‘‘(B) the community—
16 ‘‘(i) has a per capita income of 80
17 percent or less of the national average;
18 ‘‘(ii) has a history of economic dis-
19 tress and long-term unemployment, as de-
20 termined by the Secretary; or
21 ‘‘(iii) is significantly affected by the
22 threat to, or the loss of, jobs associated
23 with any such certification, as determined
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24 by the Secretary.
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1 ‘‘(3) CERTIFICATION DESCRIBED.—A certifi-
2 cation described in this paragraph is a certifi-
3 cation—
4 ‘‘(A) by the Secretary of Labor that a
5 group of workers located in the community is
6 eligible to apply for assistance under section
7 223;
8 ‘‘(B) by the Secretary of Commerce that a
9 firm located in the community is eligible to
10 apply for adjustment assistance under section
11 251; or
12 ‘‘(C) by the Secretary of Agriculture that
13 a group of agricultural commodity producers lo-
14 cated in the community is eligible to apply for
15 adjustment assistance under section 293.
16 ‘‘(c) NOTIFICATION TO COMMUNITY.—Upon making
17 a determination under subsection (b)(1) that a community
18 is eligible to apply for assistance under this subchapter,
19 the Secretary shall promptly notify the community and the
20 Governor of the State in which the community is located—
21 ‘‘(1) of the determination;
22 ‘‘(2) of the applicable provisions of this sub-
23 chapter, including of the means for obtaining assist-
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1 ‘‘(3) of the means for obtaining assistance that
2 may be available to the community under other pro-
3 visions of law; and
4 ‘‘(4) of the availability to the community of
5 technical assistance under subsection (a) (4) in de-
6 veloping its petition for assistance under this sub-
7 chapter.
8 ‘‘SEC. 274. GRANTS TO ELIGIBLE COMMUNITIES.
9 ‘‘(a) IN GENERAL.—The Secretary shall, subject to
10 the availability of appropriations, award a grant under
11 this section to an eligible community to assist the commu-
12 nity in carrying out projects included in a strategic plan
13 developed by the community under section 275.
14 ‘‘(b) APPLICATION.—
15 ‘‘(1) IN GENERAL.—An eligible community
16 seeking to receive a grant under this section shall
17 submit to the Secretary an application that con-
18 tains—
19 ‘‘(A) the strategic plan developed by the
20 community under section 275 that is approved
21 by the Secretary under such section; and
22 ‘‘(B) a description of the projects included
23 in the strategic plan.
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24 ‘‘(2) COORDINATION.—If an eligible institution
25 (as such term is defined in section 279) located in
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1 an eligible community is seeking a grant under sec-
2 tion 279 at the same time the community is seeking
3 a grant under this section—
4 ‘‘(A) the Secretary, upon receipt of such
5 information from the Secretary of Labor as re-
6 quired under section 279(e), shall notify the
7 community that the institution is seeking a
8 grant under section 279; and
9 ‘‘(B) the community shall include in the
10 application to be submitted under this sub-
11 section, in coordination with the institution, a
12 description of how the community will integrate
13 projects included in the strategic plan with the
14 specific project for which the institution sub-
15 mits the grant proposal under section 279.
16 ‘‘(c) LIMITATION.—The total amount of grants
17 awarded to an eligible community under this section for
18 each of the fiscal years 2022 through 2026 may not exceed
19 $25,000,000.
20 ‘‘(d) PRIORITY.—The Secretary shall, in awarding
21 grants under this section, give priority to eligible commu-
22 nities that have a history of economic distress and long-
23 term unemployment, as determined by the Secretary.
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24 ‘‘(e) GEOGRAPHIC DIVERSITY.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall, in
2 awarding grants under this section, ensure that
3 grants are provided to communities from geographi-
4 cally diverse areas.
5 ‘‘(2) GEOGRAPHIC REGION REQUIREMENT.—
6 The Secretary shall, in meeting the requirement
7 under paragraph (1), award a grant under this sec-
8 tion for each of the fiscal years 2022 through 2026
9 to at least one community located in each geographic
10 region for which regional offices of the Economic
11 Development Administration of the Department of
12 Commerce are responsible.
13 ‘‘(f) REPORT BY ELIGIBLE COMMUNITY.—
14 ‘‘(1) IN GENERAL.—The Secretary shall require
15 an eligible community that receives a grant under
16 this section to submit to the Secretary a report that
17 describes how funding under the grant is being allo-
18 cated and implemented in furtherance of projects in-
19 cluded in the strategic plan developed by the com-
20 munity under section 275.
21 ‘‘(2) TIMING.—The report required by this sub-
22 section shall be submitted not later than 180 days
23 after the eligible community initiates projects in-
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1 thereafter during the period in which the community
2 is carrying out such projects.
3 ‘‘(g) REPORT BY SECRETARY.—Not later than March
4 1, 2023, and annually thereafter for four years, the Sec-
5 retary shall submit to the Committee on Ways and Means
6 of the House of Representatives and the Committee on
7 Finance of the Senate for the preceding fiscal year a re-
8 port describing—
9 ‘‘(1) each grant awarded under this section to
10 an eligible community; and
11 ‘‘(2) the impact of such grant on the commu-
12 nity, including the information contained in the re-
13 ports submitted to the Secretary under subsection
14 (e).
15 ‘‘SEC. 275. STRATEGIC PLANS.
16 ‘‘(a) IN GENERAL.—An eligible community that seeks
17 to receive a grant under section 274 shall develop a stra-
18 tegic plan to achieve economic adjustment to the impact
19 of trade in accordance with the requirements of this sec-
20 tion.
21 ‘‘(b) CONSULTATION.—
22 ‘‘(1) IN GENERAL.—To the extent practicable,
23 an eligible community shall consult with the entities
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24 described in paragraph (2) in developing the stra-
25 tegic plan.
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1 ‘‘(2) ENTITIES DESCRIBED.—The entities de-
2 scribed in this paragraph are public and private en-
3 tities located in or serving the eligible community,
4 including—
5 ‘‘(A) local, county, or State government
6 agencies;
7 ‘‘(B) firms, including small- and medium-
8 sized firms;
9 ‘‘(C) local workforce investment boards;
10 ‘‘(D) labor organizations, including State
11 labor federations and labor-management initia-
12 tives, representing workers in the community;
13 ‘‘(E) educational institutions, local edu-
14 cational agencies, and other training providers;
15 and
16 ‘‘(F) local civil rights organizations and
17 community-based organizations, including orga-
18 nizations representing underserved commu-
19 nities.
20 ‘‘(c) CONTENTS.—The strategic plan shall, at a min-
21 imum, contain the following:
22 ‘‘(1) A description and analysis of the capacity
23 of the eligible community to achieve economic ad-
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24 justment to the impact of trade.
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1 ‘‘(2) An analysis of the economic development
2 challenges and opportunities facing the community,
3 including the strengths and weaknesses of the econ-
4 omy of the community.
5 ‘‘(3) An assessment of—
6 ‘‘(A) the commitment of the community to
7 carry out the strategic plan on a long-term
8 basis;
9 ‘‘(B) the participation and input of mem-
10 bers of the community who are dislocated from
11 employment due to the impact of trade; and
12 ‘‘(C) the extent to which underserved com-
13 munities have been impacted by trade.
14 ‘‘(4) A description of how underserved commu-
15 nities will benefit from the strategic plan.
16 ‘‘(5) A description of the role of the entities de-
17 scribed in subsection (b)(2) in developing the stra-
18 tegic plan.
19 ‘‘(6) A description of projects under the stra-
20 tegic plan to facilitate the community’s economic ad-
21 justment to the impact of trade, including projects
22 to—
23 ‘‘(A) develop public facilities, public serv-
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24 ices, jobs, and businesses;
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1 ‘‘(B) provide for the demolition of vacant
2 or abandoned commercial, industrial, or resi-
3 dential property;
4 ‘‘(C) remediate environmental contamina-
5 tion;
6 ‘‘(D) establish or support land banks;
7 ‘‘(E) support energy conservation; and
8 ‘‘(F) support historic preservation.
9 ‘‘(7) A strategy for continuing the community’s
10 economic adjustment to the impact of trade after the
11 completion of such projects.
12 ‘‘(8) A description of the educational and train-
13 ing programs and the potential employment opportu-
14 nities available to workers in the community, includ-
15 ing for workers under the age of 25, and the future
16 employment needs of the community.
17 ‘‘(9) An assessment of—
18 ‘‘(A) the cost of implementing the strategic
19 plan; and
20 ‘‘(B) the timing of funding required by the
21 community to implement the strategic plan.
22 ‘‘(10) A description of the methods of financing
23 to be used to implement the strategic plan, includ-
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24 ing—
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1 ‘‘(A) a grant received under section 274 or
2 under other authorities;
3 ‘‘(B) a loan, including the establishment of
4 a revolving loan fund; or
5 ‘‘(C) other types of financing.
6 ‘‘(11) An assessment of how the community will
7 address unemployment among agricultural com-
8 modity producers, if applicable.
9 ‘‘(d) TECHNICAL ASSISTANCE.—
10 ‘‘(1) IN GENERAL.—The Secretary shall, sub-
11 ject to the availability of appropriations, offer assist-
12 ance in developing a strategic plan under this sec-
13 tion to any eligible community that requests such as-
14 sistance.
15 ‘‘(2) AVAILABILITY OF AMOUNTS APPRO-
16 PRIATED.—The Secretary may make available not
17 more than $50,000,000 of the amounts appropriated
18 pursuant to the authorization of appropriations
19 under section 277(c) for each of the fiscal years
20 2022 through 2026 to provide assistance to commu-
21 nities under this subsection.
22 ‘‘(e) APPROVAL.—The Secretary shall approve the
23 strategic plan developed by an eligible community under
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24 this section if the Secretary determines that the strategic
25 plan meets the requirements of this section.
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1 ‘‘SEC. 276. COORDINATION OF FEDERAL RESPONSE AND
2 OTHER ADDITIONAL TECHNICAL ASSIST-
3 ANCE.
4 ‘‘(a) IN GENERAL.—The Secretary shall coordinate
5 the Federal response with respect to an eligible community
6 that is awarded a grant under section 274 to carry out
7 the community’s strategic plan developed under section
8 275 by—
9 ‘‘(1) identifying and consulting, as appropriate,
10 with—
11 ‘‘(A) the Department of Agriculture, the
12 Department of Defense, the Department of
13 Education, the Department of Energy, the De-
14 partment of Labor, the Department of Housing
15 and Urban Development, the Department of
16 Health and Human Services, the Small Busi-
17 ness Administration, the Department of the
18 Treasury; and
19 ‘‘(B) any other Federal, State, regional, or
20 local government agency, if appropriate;
21 ‘‘(2) assisting the community to access assist-
22 ance from other available Federal sources as nec-
23 essary to fulfil the community’s strategic plan devel-
24 oped under section 275; and
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25 ‘‘(3) ensuring that such assistance is provided
26 in a targeted, integrated manner.
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1 ‘‘(b) ADDITIONAL TECHNICAL ASSISTANCE.—In ad-
2 dition to the coordination and assistance described in sub-
3 section (a), the Secretary shall, subject to the availability
4 of appropriations, provide technical assistance for commu-
5 nities—
6 ‘‘(1) to identify significant impediments to eco-
7 nomic development that result from the impact of
8 trade on the community, including in the course of
9 developing a strategic plan under section 275; and
10 ‘‘(2) to access assistance under other available
11 sources, including State, local, or private sources by
12 carrying out projects that diversify and strengthen
13 the economy in the community.
14 ‘‘SEC. 277. GENERAL PROVISIONS.
15 ‘‘(a) REGULATIONS.—
16 ‘‘(1) IN GENERAL.—The Secretary shall, sub-
17 ject to paragraph (3), promulgate such regulations
18 as may be necessary to carry out this subchapter, in-
19 cluding—
20 ‘‘(A) administering the awarding of grants
21 under section 274, including establishing guide-
22 lines for the submission and evaluation of grant
23 applications under such section; and
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1 ‘‘(B) establishing guidelines for the evalua-
2 tion of strategic plans developed under section
3 275.
4 ‘‘(2) CONSULTATIONS.—The Secretary shall
5 consult with the Committee on Ways and Means of
6 the House of Representatives and the Committee on
7 Finance of the Senate not later than 90 days prior
8 to promulgating any final rule or regulation under
9 this subsection.
10 ‘‘(3) RELATIONSHIP TO EXISTING REGULA-
11 TIONS.—The Secretary, to the maximum extent
12 practicable, shall—
13 ‘‘(A) rely on and apply regulations promul-
14 gated to carry out other economic development
15 programs of the Department of Commerce for
16 purposes of carrying out this subchapter; and
17 ‘‘(B) provide guidance regarding the man-
18 ner and extent to which such other economic
19 development programs relate to this subchapter.
20 ‘‘(b) PERSONNEL; RESOURCES.—The Secretary
21 shall—
22 ‘‘(1) designate such staff as may be necessary
23 to provide sufficiently individualized assistance to
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24 each eligible community that seeks technical assist-
25 ance under section 273(a)(4), 275(d), or 276(b) to
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1 develop and implement its strategic plan under sec-
2 tion 275; and
3 ‘‘(2) designate such staff and allocate such ex-
4 isting resources as may be necessary to carry out
5 this subchapter.
6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
7 ‘‘(1) IN GENERAL.—There is authorized to be
8 appropriated to the Secretary $1,000,000,000 for
9 each of the fiscal years 2022 through 2026 to carry
10 out this subchapter.
11 ‘‘(2) AVAILABILITY.—Amounts appropriated
12 pursuant to the authorization of appropriations
13 under this subsection—
14 ‘‘(A) shall remain available until expended;
15 and
16 ‘‘(B) shall be used to supplement, and not
17 supplant, other Federal, State, regional, and
18 local government funds made available to pro-
19 vide economic development assistance for com-
20 munities.’’.
21 (c) CLERICAL AMENDMENT.—The table of contents
22 for the Trade Act of 1974 is amended by striking the
23 items relating to chapter 4 of title II and inserting the
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24 following:
‘‘CHAPTER 4—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
‘‘SUBCHAPTER A—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
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‘‘Sec. 271. Definitions.
‘‘Sec. 272. Establishment of trade adjustment assistance for communities pro-
gram.
‘‘Sec. 273. Eligibility; notification.
‘‘Sec. 274. Grants to eligible communities.
‘‘Sec. 275. Strategic plans.
‘‘Sec. 276. Coordination of Federal response and other additional technical as-
sistance.
‘‘Sec. 277. General provisions.
‘‘SUBCHAPTER B—COMMUNITY COLLEGE AND CAREER TRAINING GRANT
PROGRAM
‘‘Sec. 279. Community College and Career Training Grant Program.
‘‘Sec. 279A. Authorization of appropriations.’’.
1 SEC. 302. COMMUNITY COLLEGE AND CAREER TRAINING
2 GRANT PROGRAM.
3 Section 279 of the Trade Act of 1974 (as redesig-
4 nated by section 301) is amended—
5 (1) by redesignating subsection (e) as sub-
6 section (f); and
7 (2) by inserting after subsection (d) the fol-
8 lowing:
9 ‘‘(e) NOTIFICATION.—Upon receipt of a grant pro-
10 posal from an eligible institution seeking to receive a grant
11 under this section, the Secretary shall notify the Secretary
12 of Commerce that such grant proposal has been received
13 for purposes of assisting an eligible community (as such
14 term is defined in section 271) in which such institution
15 is located in applying for a grant under section 274.’’.
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1 TITLE IV—TRADE ADJUSTMENT
2 ASSISTANCE FOR FARMERS
3 SEC. 401. DEFINITIONS.
4 Section 291 of the Trade Act of 1974 (19 U.S.C.
5 2401) is amended—
6 (1) by striking paragraph (3);
7 (2) by redesignating paragraphs (4) through
8 (7) as paragraphs (3) through (6), respectively; and
9 (3) by adding at the end the following:
10 ‘‘(7) UNDERSERVED COMMUNITY.—The term
11 ‘underserved community’ has the meaning given that
12 term in section 247.’’.
13 SEC. 402. GROUP ELIGIBILITY REQUIREMENTS.
14 Section 292 of the Trade Act of 1974 (19 U.S.C.
15 2401a) is amended—
16 (1) in subsection (c)—
17 (A) by striking ‘‘85 percent of’’ each place
18 it appears;
19 (B) in paragraph (2), by striking ‘‘and’’ at
20 the end;
21 (C) in paragraph (3)—
22 (i) by striking ‘‘importantly’’; and
23 (ii) by striking the period at the end
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24 and inserting a semicolon; and
25 (D) by adding at the end the following:
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1 ‘‘(4) the volume of exports of the agricultural
2 commodity produced by the group in the marketing
3 year with respect to which the group files the peti-
4 tion decreased compared to the average volume of
5 such exports during the 3 marketing years preceding
6 such marketing year; and
7 ‘‘(5) the decrease in such exports contributed to
8 the decrease in the national average price, quantity
9 of production, or value of production of, or cash re-
10 ceipts for, the agricultural commodity, as described
11 in paragraph (1).’’; and
12 (2) in subsection (e)(3), by adding at the end
13 before the period the following: ‘‘or exports’’.
14 SEC. 403. ANNUAL REPORT.
15 Section 293(d) (19 U.S.C. 2401b(d)) of the Trade
16 Act of 1974 is amended by adding at the end the fol-
17 lowing:
18 ‘‘(20) Data or information on the success of the
19 program in assisting agricultural commodity pro-
20 ducers to become more competitive.
21 ‘‘(21) The demographic information (including
22 race, ethnicity, gender, income level, and age) of ag-
23 ricultural commodity producers, including whether
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24 those producers are from underserved commu-
25 nities.’’.
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1 SEC. 404. BENEFIT INFORMATION TO AGRICULTURAL COM-
2 MODITY PRODUCERS.
3 Section 295(a) of the Trade Act of 1974 (19 U.S.C.
4 2401d(a)) is amended by adding at the end the following:
5 ‘‘The Secretary shall develop a plan to conduct targeted
6 outreach and offer assistance to agricultural commodity
7 producers from underserved communities’’.
8 SEC. 405. QUALIFYING REQUIREMENTS AND BENEFITS FOR
9 AGRICULTURAL COMMODITY PRODUCERS.
10 Section 296 of the Trade Act of 1974 (19 U.S.C.
11 2401e) is amended—
12 (1) in subsection (a)(1)(A), by striking ‘‘90
13 days’’ and inserting ‘‘120 days’’;
14 (2) in subsection (b)—
15 (A) in paragraph (3)(B), by striking
16 ‘‘$4,000’’ and inserting ‘‘$12,000’’; and
17 (B) in paragraph (4)(C), by striking
18 ‘‘$8,000’’ and inserting ‘‘$24,000’’;
19 (3) in subsection (c), by striking ‘‘$12,000’’ and
20 inserting ‘‘$36,000’’; and
21 (4) by adding at the end the following new sub-
22 section:
23 ‘‘(e) ADJUSTMENTS FOR INFLATION.—
24 ‘‘(1) IN GENERAL.—The Secretary of Agri-
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25 culture shall adjust each dollar amount limitation
26 described in this section on October 1, 2021, and at
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1 the beginning of each fiscal year thereafter, to re-
2 flect the percentage (if any) of the increase in the
3 average of the Consumer Price Index for the pre-
4 ceding 12-month period compared to the Consumer
5 Price Index for fiscal year 2020.
6 ‘‘(2) SPECIAL RULES FOR CALCULATION OF AD-
7 JUSTMENT.—In making an adjustment under para-
8 graph (1), the Secretary—
9 ‘‘(A) shall round the amount of any in-
10 crease in the Consumer Price Index to the near-
11 est dollar; and
12 ‘‘(B) may ignore any such increase of less
13 than 1 percent.
14 ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For
15 purposes of this subsection, the term ‘Consumer
16 Price Index’ means the Consumer Price Index for
17 All Urban Consumers published by the Bureau of
18 Labor Statistics of the Department of Labor.’’.
19 TITLE V—OTHER MATTERS
20 SEC. 501. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE
21 PROGRAM.
22 (a) EXTENSION OF TERMINATION PROVISIONS.—
23 Section 285 of the Trade Act of 1974 (19 U.S.C. 2271
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24 note) is amended by striking ‘‘2021’’ each place it appears
25 and inserting ‘‘2028’’.
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1 (b) TRAINING FUNDS.—Section 236(a)(2)(A) of the
2 Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)), as amend-
3 ed by section 110(c)(2)(B), is further amended—
4 (1) by striking ‘‘shall not exceed $450,000,000’’
5 and inserting the following: ‘‘shall not exceed—
6 ‘‘(i) $450,000,000’’;
7 (2) by striking the period at the end and insert-
8 ing ‘‘; and’’; and
9 (3) by adding at the end the following:
10 ‘‘(ii) $1,000,000,000 for each of the fiscal years 2022
11 through 2028.’’.
12 (c) REEMPLOYMENT TRADE ADJUSTMENT ASSIST-
13 ANCE.—Section 246(b)(1) of the Trade Act of 1974 (19
14 U.S.C. 2318(b)(1)) is amended by striking ‘‘2021’’ and
15 inserting ‘‘2028’’.
16 (d) AUTHORIZATIONS OF APPROPRIATIONS.—
17 (1) TRADE ADJUSTMENT ASSISTANCE FOR
18 WORKERS.—Section 245(a) of the Trade Act of
19 1974 (19 U.S.C. 2317(a)) is amended by striking
20 ‘‘2021’’ and inserting ‘‘2028’’.
21 (2) TRADE ADJUSTMENT ASSISTANCE FOR
22 FIRMS.—Section 255(a) of the Trade Act of 1974
23 (19 U.S.C. 2345(a)) is amended in the first sentence
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24 by adding at the end before the period the following:
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1 ‘‘and $50,000,000 for each of the fiscal years 2022
2 through 2028’’.
3 (3) TRADE ADJUSTMENT ASSISTANCE FOR COM-
4 MUNITY COLLEGES AND CAREER TRAINING.—Sub-
5 section (b) section 279A of the Trade Act of 1974
6 (as redesignated by section 301) is amended—
7 (A) by striking ‘‘$500,000,000 for each of
8 fiscal years 2011, 2012, 2013, and 2014’’ and
9 inserting ‘‘$1,300,000,000 for each of fiscal
10 years 2022 through 2028’’; and
11 (B) by striking ‘‘section 271(a)(2)’’ and in-
12 serting ‘‘section 279(a)(2)’’.
13 (4) TRADE ADJUSTMENT ASSISTANCE FOR
14 FARMERS.—Section 298(a) of the Trade Act of 1974
15 (19 U.S.C. 2401g(a)) is amended by striking
16 ‘‘2021’’ and inserting ‘‘2028’’.
17 SEC. 502. APPLICABILITY OF TRADE ADJUSTMENT ASSIST-
18 ANCE PROVISIONS.
19 (a) WORKERS CERTIFIED BEFORE DATE OF ENACT-
20 MENT.—
21 (1) IN GENERAL.—Except as provided in para-
22 graphs (2) and (3), a worker certified as eligible for
23 adjustment assistance under section 222 of the
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24 Trade Act of 1974 before the date of the enactment
25 of this Act shall be eligible, on and after such date
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1 of enactment, to receive benefits only under the pro-
2 visions of chapter 2 of title II of the Trade Act of
3 1974, as in effect on such date of enactment, or as
4 such provisions may be amended after such date of
5 enactment.
6 (2) COMPUTATION OF MAXIMUM BENEFITS.—
7 Benefits received by a worker described in para-
8 graph (1) under chapter 2 of title II of the Trade
9 Act of 1974 before the date of the enactment of this
10 Act shall be included in any determination of the
11 maximum benefits for which the worker is eligible
12 under the provisions of chapter 2 of title II of the
13 Trade Act of 1974, as in effect on the date of the
14 enactment of this Act, or as such provisions may be
15 amended after such date of enactment.
16 (3) AUTHORITY TO MAKE ADJUSTMENTS TO
17 BENEFITS.—Notwithstanding any provision of chap-
18 ter 2 of title II of the Trade Act of 1974, for the
19 90-day period beginning on the date of the enact-
20 ment of this Act, the Secretary is authorized to
21 make any adjustments to benefits to workers de-
22 scribed in paragraph (1) that the Secretary deter-
23 mines to be necessary and appropriate in applying
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24 and administering the provisions of such chapter 2,
25 as in effect on the date of the enactment of this Act,
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1 or as such provisions may be amended after such
2 date of enactment, in a manner that ensures parity
3 of treatment between the benefits of such workers
4 and the benefits of workers certified after such date
5 of enactment.
6 (b) WORKERS NOT CERTIFIED PURSUANT TO CER-
7 TAIN PETITIONS FILED BEFORE DATE OF ENACT-
8 MENT.—
9 (1) CERTIFICATIONS OF WORKERS NOT CER-
10 TIFIED BEFORE DATE OF ENACTMENT.—
11 (A) CRITERIA IF A DETERMINATION HAS
12 NOT BEEN MADE.—If, as of the date of the en-
13 actment of this Act, the Secretary of Labor has
14 not made a determination with respect to
15 whether to certify a group of workers as eligible
16 to apply for adjustment assistance under sec-
17 tion 222 of the Trade Act of 1974 pursuant to
18 a petition described in subparagraph (C), the
19 Secretary shall make that determination based
20 on the requirements of section 222 of the Trade
21 Act of 1974, as in effect on such date of enact-
22 ment.
23 (B) RECONSIDERATION OF DENIALS OF
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24 CERTIFICATIONS.—If, before the date of the en-
25 actment of this Act, the Secretary made a de-
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1 termination not to certify a group of workers as
2 eligible to apply for adjustment assistance
3 under section 222 of the Trade Act of 1974
4 pursuant to a petition described in subpara-
5 graph (C), the Secretary shall—
6 (i) reconsider that determination; and
7 (ii) if the group of workers meets the
8 requirements of section 222 of the Trade
9 Act of 1974, as in effect on such date of
10 enactment, certify the group of workers as
11 eligible to apply for adjustment assistance.
12 (C) PETITION DESCRIBED.—A petition de-
13 scribed in this subparagraph is a petition for a
14 certification of eligibility for a group of workers
15 filed under section 221 of the Trade Act of
16 1974 on or after January 1, 2021, and before
17 the date of the enactment of this Act.
18 (2) ELIGIBILITY FOR BENEFITS.—
19 (A) IN GENERAL.—Except as provided in
20 subparagraph (B), a worker certified as eligible
21 to apply for adjustment assistance under sec-
22 tion 222 of the Trade Act of 1974 pursuant to
23 a petition described in paragraph (1)(C) shall
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24 be eligible, on and after the date of the enact-
25 ment of this Act, to receive benefits only under
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1 the provisions of chapter 2 of title II of the
2 Trade Act of 1974, as in effect on such date of
3 enactment, or as such provisions may be
4 amended after such date of enactment.
5 (B) COMPUTATION OF MAXIMUM BENE-
6 FITS.—Benefits received by a worker described
7 in paragraph (1) under chapter 2 of title II of
8 the Trade Act of 1974 before the date of the
9 enactment of this Act shall be included in any
10 determination of the maximum benefits for
11 which the worker is eligible under the provisions
12 of chapter 2 of title II of the Trade Act of
13 1974, as in effect on the date of the enactment
14 of this Act, or as such provisions may be
15 amended after such date of enactment.
16 (c) CONFORMING AMENDMENTS.—
17 (1) TRADE ACT OF 2002.—Section 151 of the
18 Trade Act of 2002 (19 U.S.C. note prec. 2271) is
19 amended by striking subsections (a), (b), and (c).
20 (2) TRADE AND GLOBALIZATION ADJUSTMENT
21 ASSISTANCE ACT OF 2009.—Section 1891 of the
22 Trade and Globalization Adjustment Assistance Act
23 of 2009 (19 U.S.C. 2271 note) is repealed.
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1 (3) TRADE ADJUSTMENT ASSISTANCE EXTEN-
2 SION ACT OF 2011.—The Trade Adjustment Assist-
3 ance Extension Act of 2011 is amended—
4 (A) in section 201 (19 U.S.C. note prec.
5 2271), by striking subsections (b) and (c); and
6 (B) in section 231(a) (19 U.S.C. 2271
7 note), by striking paragraphs (1)(B) and (2).
8 (4) TRADE ADJUSTMENT ASSISTANCE REAU-
9 THORIZATION ACT OF 2015.—The Trade Adjustment
10 Assistance Reauthorization Act of 2015 is amend-
11 ed—
12 (A) in section 402 (19 U.S.C. note prec.
13 2271), by striking subsections (b) and (c); and
14 (B) in section 405(a)(1) (19 U.S.C.
15 2319(a)(1)), by striking subparagraph (B).
16 (d) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.—
17 (1) CERTIFICATION OF FIRMS NOT CERTIFIED
18 BEFORE DATE OF ENACTMENT.—
19 (A) CRITERIA IF A DETERMINATION HAS
20 NOT BEEN MADE.—If, as of the date of the en-
21 actment of this Act, the Secretary of Commerce
22 has not made a determination with respect to
23 whether to certify a firm as eligible to apply for
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24 adjustment assistance under section 251 of the
25 Trade Act of 1974 pursuant to a petition de-
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1 scribed in subparagraph (C), the Secretary shall
2 make that determination based on the require-
3 ments of section 251 of the Trade Act of 1974,
4 as in effect on such date of enactment.
5 (B) RECONSIDERATION OF DENIAL OF
6 CERTAIN PETITIONS.—If, before the date of the
7 enactment of this Act, the Secretary made a de-
8 termination not to certify a firm as eligible to
9 apply for adjustment assistance under section
10 251 of the Trade Act of 1974 pursuant to a pe-
11 tition described in subparagraph (C), the Sec-
12 retary shall—
13 (i) reconsider that determination; and
14 (ii) if the firm meets the requirements
15 of section 251 of the Trade Act of 1974,
16 as in effect on such date of enactment, cer-
17 tify the firm as eligible to apply for adjust-
18 ment assistance.
19 (C) PETITION DESCRIBED.—A petition de-
20 scribed in this subparagraph is a petition for a
21 certification of eligibility filed by a firm or its
22 representative under section 251 of the Trade
23 Act of 1974 on or after January 1, 2021, and
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24 before the date of the enactment of this Act.
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1 (2) CERTIFICATION OF FIRMS THAT DID NOT
2 SUBMIT PETITIONS BETWEEN JANUARY 1, 2021, AND
3 DATE OF ENACTMENT.—
4 (A) IN GENERAL.—The Secretary of Com-
5 merce shall certify a firm described in subpara-
6 graph (B) as eligible to apply for adjustment
7 assistance under section 251 of the Trade Act
8 of 1974, as in effect on the date of the enact-
9 ment of this Act, if the firm or its representa-
10 tive files a petition for a certification of eligi-
11 bility under section 251 of the Trade Act of
12 1974 not later than 90 days after such date of
13 enactment.
14 (B) FIRM DESCRIBED.—A firm described
15 in this subparagraph is a firm that the Sec-
16 retary determines would have been certified as
17 eligible to apply for adjustment assistance if—
18 (i) the firm or its representative had
19 filed a petition for a certification of eligi-
20 bility under section 251 of the Trade Act
21 of 1974 on a date during the period begin-
22 ning on January 1, 2021, and ending on
23 the day before the date of the enactment
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24 of this Act; and
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1 (ii) the provisions of chapter 3 of title
2 II of the Trade Act of 1974, as in effect
3 on such date of enactment, had been in ef-
4 fect on that date during the period de-
5 scribed in clause (i).
6 TITLE VI—HEALTH CARE TAX
7 CREDIT
8 SEC. 601. PERMANENT CREDIT FOR HEALTH INSURANCE
9 COSTS.
10 (a) IN GENERAL.—Subparagraph (B) of section
11 35(b)(1) of the Internal Revenue Code of 1986 is amended
12 by striking ‘‘, and before January 1, 2022’’ and inserting
13 a period.
14 (b) INCREASE IN CREDIT PERCENTAGE.—Subsection
15 (a) of section 35 of the Internal Revenue Code of 1986
16 is amended by striking ‘‘72.5 percent’’ and inserting ‘‘80
17 percent’’.
18 (c) CONFORMING AMENDMENTS.—Subsections (b)
19 and (e)(1) of section 7527 of the Internal Revenue Code
20 of 1986 are each amended by striking ‘‘72.5 percent’’ and
21 inserting ‘‘80 percent’’.
22 (d) EFFECTIVE DATE.—The amendments made by
23 this section shall apply to coverage months beginning after
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24 December 31, 2021.
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