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S. 2218, 117th Congress — To Expand the Trade Adjustment Assistance for Workers Program

Summary

S. 2218 is a Senate bill introduced June 24, 2021 by Stabenow, for herself and Peters, to expand the trade adjustment assistance for workers program, and for other purposes. It was referred to the Committee on Finance. The table of contents lists Title I, the trade adjustment assistance program, with Subtitle A on petitions and determinations, whose sections cover filing petitions, group eligibility requirements, and eligibility of staffed workers and teleworkers.

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Congressional materials
Document type
Bills Bills 117S2218Is Bills 117S2218Is
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Bills Bills 117S2218Is Bills 117S2218Is

Cite this document

“S. 2218, 117th Congress — To Expand the Trade Adjustment Assistance for Workers Program.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s2218is-bills-117s2218is/, SHA-256 0aa8ebbd718047f57e26fdddd6ec03f26d82b0bf225a1777c60294c9d6baf7e1.

Full text

                                                                                                                                                                           II




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                                S. 2218
                                                                            To expand the trade adjustment assistance for workers program, and for
                                                                                                       other purposes.




                                                                                    IN THE SENATE OF THE UNITED STATES
                                                                                                      JUNE 24, 2021
                                                                          Ms. STABENOW (for herself and Mr. PETERS) introduced the following bill;
                                                                               which was read twice and referred to the Committee on Finance




                                                                                                                   A BILL
                                                                              To expand the trade adjustment assistance for workers
                                                                                        program, and for other purposes.

                                                                          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 For Workers Reauthoriza-
                                                                          6 tion Act of 2021’’.
                                                                          7               (b) TABLE OF CONTENTS.—The table of contents for
                                                                          8 this Act is as follows:
                                                                                   Sec. 1. Short title; table of contents.




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                                                                                           TITLE I—TRADE ADJUSTMENT ASSISTANCE PROGRAM

                                                                                                            Subtitle A—Petitions and Determinations



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                                                                                   Sec. 101. Filing petitions.
                                                                                   Sec. 102. Group eligibility requirements.
                                                                                   Sec. 103. Eligibility of staffed workers and teleworkers.
                                                                                   Sec. 104. Application of determinations of eligibility to workers employed by
                                                                                                    successors-in-interest.
                                                                                   Sec. 105. Notifications to political subdivisions of certain certifications.
                                                                                   Sec. 106. Pilot program for expanded eligibility.
                                                                                   Sec. 107. Provision of benefit information to workers.

                                                                                                                  Subtitle B—Program Benefits

                                                                                   Sec. 111. Modification of qualifying requirements for workers.
                                                                                   Sec. 112. Modifications to trade readjustment allowances.
                                                                                   Sec. 113. Automatic extension of trade readjustment allowances.
                                                                                   Sec. 114. Employment and case management services.
                                                                                   Sec. 115. Training for workers.

                                                                                                                    Subtitle C—Other Matters

                                                                                   Sec. 121. Agreements with States.
                                                                                   Sec. 122. Eligibility criteria for reemployment trade adjustment assistance.
                                                                                   Sec. 123. Subpoena power.
                                                                                   Sec. 124. Data collection with respect to training.

                                                                                                                 Subtitle D—General Provisions

                                                                                   Sec. 131. Extension of trade adjustment assistance program.
                                                                                   Sec. 132. Applicability of trade adjustment assistance provisions.
                                                                                   Sec. 133. Sense of Congress.

                                                                                         TITLE II—AMENDMENTS TO WORKER ADJUSTMENT AND
                                                                                                   RETRAINING NOTIFICATION ACT

                                                                                   Sec. 201. Worker Adjustment and Retraining Notification Act.

                                                                                                       TITLE III—HEALTH CARE TAX CREDIT

                                                                                   Sec. 301. Permanent credit for health insurance costs.

                                                                          1           TITLE I—TRADE ADJUSTMENT
                                                                          2              ASSISTANCE PROGRAM
                                                                          3              Subtitle A—Petitions and
                                                                          4                  Determinations
                                                                          5        SEC. 101. FILING PETITIONS.

                                                                          6               Section 221(a)(1) of the Trade Act of 1974 (19
                                                                          7 U.S.C. 2271(a)(1)) is amended—




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                                                                          8                        (1) by amending subparagraph (A) to read as
                                                                          9               follows:
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                                                                          1                        ‘‘(A) One or more workers in the group of
                                                                          2               workers.’’; and
                                                                          3                        (2) in subparagraph (C)—
                                                                          4                                 (A) by striking ‘‘or a State dislocated
                                                                          5                        worker unit’’ and inserting ‘‘a State dislocated
                                                                          6                        worker unit’’; and
                                                                          7                                 (B) by adding at the end before the period
                                                                          8                        the following: ‘‘, or workforce intermediaries, in-
                                                                          9                        cluding labor-management organizations that
                                                                       10                          carry out re-employment and training services’’.
                                                                       11          SEC. 102. GROUP ELIGIBILITY REQUIREMENTS.

                                                                       12                 (a) IN GENERAL.—Section 222(a)(2) of the Trade
                                                                       13 Act of 1974 (19 U.S.C. 2272(a)(2)) is amended—
                                                                       14                          (1) in subparagraph (A)—
                                                                       15                                   (A) in clause (i), by inserting ‘‘or failed to
                                                                       16                          increase’’ after ‘‘absolutely’’; and
                                                                       17                                   (B) in clause (iii)—
                                                                       18                                           (i) by striking ‘‘to the decline’’ and in-
                                                                       19                                   serting ‘‘to any decline or absence of in-
                                                                       20                                   crease’’; and
                                                                       21                                           (ii) by striking ‘‘or’’ at the end;
                                                                       22                          (2) in subparagraph (B)(ii), by striking the pe-
                                                                       23                 riod at the end and inserting ‘‘; or’’; and
                                                                       24                          (3) by adding at the end the following:



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                                                                          1                        ‘‘(C)(i) the sales or production, or both, of such
                                                                          2               firm have decreased;
                                                                          3                        ‘‘(ii)(I) exports of articles produced or services
                                                                          4               supplied by such workers’ firm have decreased; or
                                                                          5                        ‘‘(II) imports of articles or services necessary
                                                                          6               for the production of articles or services supplied by
                                                                          7               such firm have decreased; and
                                                                          8                        ‘‘(iii) the decrease in exports or imports de-
                                                                          9               scribed in clause (ii) contributed to such workers’
                                                                       10                 separation or threat of separation and to the decline
                                                                       11                 in the sales or production of such firm.’’.
                                                                       12                 (b) REPEAL.—Section 222 of the Trade Act of 1974
                                                                       13 (19 U.S.C. 2272) is amended—
                                                                       14                          (1) in subsections (a) and (b), by striking ‘‘im-
                                                                       15                 portantly’’ each place it appears; and
                                                                       16                          (2) in subsection (c)—
                                                                       17                                    (A) by striking paragraph (1); and
                                                                       18                                    (B)        by     redesignating                 paragraphs    (2)
                                                                       19                          through (4) as paragraphs (1) through (3), re-
                                                                       20                          spectively.
                                                                       21          SEC. 103. ELIGIBILITY OF STAFFED WORKERS AND TELE-

                                                                       22                                   WORKERS.

                                                                       23                 Section 222 of the Trade Act of 1974 (19 U.S.C.
                                                                       24 2272) is amended by adding at the end the following:



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                                                                          1              ‘‘(f) TREATMENT OF STAFFED WORKERS AND TELE-
                                                                          2        WORKERS.—

                                                                          3                       ‘‘(1) IN GENERAL.—For purposes of subsection
                                                                          4              (a), workers in a firm include staffed workers and
                                                                          5              teleworkers.
                                                                          6                       ‘‘(2) DEFINITIONS.—In this subsection:
                                                                          7                                 ‘‘(A)        STAFFED                 WORKER.—The                term
                                                                          8                       ‘staffed worker’ means a worker who performs
                                                                          9                       work under the operational control of a firm
                                                                       10                         that is the subject of a petition filed under sec-
                                                                       11                         tion 221, even if the worker is directly em-
                                                                       12                         ployed by another firm.
                                                                       13                                   ‘‘(B)        TELEWORKER.—The                             term   ‘tele-
                                                                       14                         worker’ means a worker who works remotely
                                                                       15                         but who reports to the location listed for a firm
                                                                       16                         in a petition filed under section 221.’’.
                                                                       17          SEC. 104. APPLICATION OF DETERMINATIONS OF ELIGI-

                                                                       18                                  BILITY TO WORKERS EMPLOYED BY SUCCES-

                                                                       19                                  SORS-IN-INTEREST.

                                                                       20                Section 223 of the Trade Act of 1974 (19 U.S.C.
                                                                       21 2273) is further amended by adding at the end the fol-
                                                                       22 lowing:
                                                                       23                ‘‘(f) TREATMENT OF WORKERS OF SUCCESSORS-IN-
                                                                       24 INTEREST.—If the Secretary certifies a group of workers



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                                                                       25 of a firm as eligible to apply for adjustment assistance


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                                                                          1 under this chapter, a worker of a successor-in-interest to
                                                                          2 that firm shall be covered by the certification to the same
                                                                          3 extent as a worker of that firm.’’.
                                                                          4        SEC. 105. NOTIFICATIONS TO POLITICAL SUBDIVISIONS OF

                                                                          5                                 CERTAIN CERTIFICATIONS.

                                                                          6               Section 223 of the Trade Act of 1974 (19 U.S.C.
                                                                          7 2273), as amended by section 104, is further amended by
                                                                          8 adding at the end the following:
                                                                          9               ‘‘(g) NOTIFICATIONS TO POLITICAL SUBDIVISIONS
                                                                       10          OF CERTAIN CERTIFICATIONS.—

                                                                       11                          ‘‘(1) NOTIFICATION TO SECRETARY OF COM-
                                                                       12                 MERCE.—Upon                     issuing a certification or certifi-
                                                                       13                 cations of eligibility under subsection (a) pursuant
                                                                       14                 to one or more petitions filed under section 221 cov-
                                                                       15                 ering more than 1,000 workers within a political
                                                                       16                 subdivision during a calendar year, the Secretary
                                                                       17                 shall notify the Secretary of Commerce.
                                                                       18                          ‘‘(2) NOTIFICATION                          TO    POLITICAL             SUBDIVI-

                                                                       19                 SIONS.—Upon                   receiving a notification under para-
                                                                       20                 graph (1) with respect to a political subdivision, the
                                                                       21                 Secretary of Commerce, acting through the Assist-
                                                                       22                 ant Secretary of Commerce for Economic Develop-
                                                                       23                 ment, shall—
                                                                       24                                    ‘‘(A) notify the political subdivision of eco-



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                                                                       25                          nomic assistance grants, loans, and other finan-


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                                                                          1                        cial assistance available from the Economic De-
                                                                          2                        velopment Administration; and
                                                                          3                                 ‘‘(B) if the political subdivision applies for
                                                                          4                        any such assistance and meets the requirements
                                                                          5                        for receiving the assistance, provide the political
                                                                          6                        subdivision with priority for receiving that as-
                                                                          7                        sistance.’’.
                                                                          8        SEC. 106. PILOT PROGRAM FOR EXPANDED ELIGIBILITY.

                                                                          9               Section 223 of the Trade Act of 1974 (19 U.S.C.
                                                                       10 2273), as amended by section 105, is further amended by
                                                                       11 adding at the end the following:
                                                                       12                 ‘‘(h) PILOT PROGRAM                              FOR         EXPANDED ELIGI-
                                                                       13          BILITY.—

                                                                       14                          ‘‘(1) IN GENERAL.—The Secretary of Labor
                                                                       15                 may establish a pilot program under which the Sec-
                                                                       16                 retary may certify under subsection (a) as eligible to
                                                                       17                 apply for adjustment assistance under this sub-
                                                                       18                 chapter groups of workers who do not meet the eligi-
                                                                       19                 bility requirements under section 222.
                                                                       20                          ‘‘(2) REQUIREMENT.—The Secretary may not
                                                                       21                 provide to workers covered by a certification of eligi-
                                                                       22                 bility under paragraph (1) benefits that are reduced
                                                                       23                 relative to the benefits received by other workers
                                                                       24                 under this subchapter.



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                                                                          1                        ‘‘(3) NOTIFICATION TO CONGRESS.—Before im-
                                                                          2               plementing the pilot program under paragraph (1),
                                                                          3               the Secretary shall submit to Congress a report that
                                                                          4               includes—
                                                                          5                                  ‘‘(A) a detailed plan for the program; and
                                                                          6                                  ‘‘(B) a justification for each requirement
                                                                          7                        under section 222 to be waived under the pro-
                                                                          8                        gram.
                                                                          9                        ‘‘(4) TERMINATION.—The pilot program under
                                                                       10                 paragraph (1) shall terminate at such time as the
                                                                       11                 Secretary considers appropriate.
                                                                       12                          ‘‘(5) REPORT REQUIRED.—Not later than 90
                                                                       13                 days after the termination under paragraph (4) of
                                                                       14                 the pilot program under paragraph (1), the Sec-
                                                                       15                 retary shall submit to Congress a report on the out-
                                                                       16                 comes for the workers who participated in the pro-
                                                                       17                 gram.’’.
                                                                       18          SEC. 107. PROVISION OF BENEFIT INFORMATION TO WORK-

                                                                       19                                   ERS.

                                                                       20                 Section 225 of the Trade Act of 1974 (19 U.S.C.
                                                                       21 2275) is amended—
                                                                       22                          (1) in subsection (a), by inserting after the sec-
                                                                       23                 ond sentence the following new sentence: ‘‘The Sec-
                                                                       24                 retary shall make every effort to provide such infor-



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                                                                          1              mation and assistance to workers in their native lan-
                                                                          2              guage.’’; and
                                                                          3                       (2) in subsection (b)—
                                                                          4                                (A) by redesignating paragraph (2) as
                                                                          5                       paragraph (3);
                                                                          6                                (B) by inserting after paragraph (1) the
                                                                          7                       following:
                                                                          8              ‘‘(2) The Secretary shall provide a second notice to
                                                                          9 a worker described in paragraph (1) before the worker has
                                                                       10 exhausted all rights to any unemployment insurance to
                                                                       11 which the worker is entitled (other than additional com-
                                                                       12 pensation described in section 231(a)(3)(B) funded by a
                                                                       13 State and not reimbursed from Federal funds).’’;
                                                                       14                                  (C) in paragraph (3), as redesignated by
                                                                       15                         subparagraph (A), by inserting ‘‘print or dig-
                                                                       16                         ital’’ before ‘‘newspapers’’; and
                                                                       17                                  (D) by adding at the end the following:
                                                                       18                ‘‘(4) For purposes of providing outreach regarding
                                                                       19 the benefits available under this chapter to workers cov-
                                                                       20 ered by a certification made under this subchapter, the
                                                                       21 Secretary may take any necessary actions, including the
                                                                       22 following:
                                                                       23                         ‘‘(A) Collecting the email addresses and tele-
                                                                       24                phone numbers of such workers from the employers



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                                                                       25                of such workers to provide outreach to such workers.


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                                                                          1                       ‘‘(B) Partnering with the certified or recognized
                                                                          2              union, a community-based worker organization, or
                                                                          3              other duly authorized representatives of such work-
                                                                          4              ers.
                                                                          5                       ‘‘(C) Hiring peer support workers to perform
                                                                          6              outreach to other workers covered by that certifi-
                                                                          7              cation.
                                                                          8                       ‘‘(D) Using advertising methods and public in-
                                                                          9              formation campaigns, including social media, in ad-
                                                                       10                dition to notice published in print or digital news-
                                                                       11                papers under paragraph (3).’’.
                                                                       12                Subtitle B—Program Benefits
                                                                       13          SEC. 111. MODIFICATION OF QUALIFYING REQUIREMENTS

                                                                       14                                  FOR WORKERS.

                                                                       15                (a) IN GENERAL.—Section 231(a) of the Trade Act
                                                                       16 of 1974 (19 U.S.C. 2291(a)) is amended—
                                                                       17                         (1) by striking paragraph (2);
                                                                       18                         (2) by redesignating paragraphs (3), (4), and
                                                                       19                (5) as paragraphs (2), (3), and (4), respectively; and
                                                                       20                         (3) in paragraph (4), as redesignated by para-
                                                                       21                graph (2), by striking ‘‘paragraphs (1) and (2)’’
                                                                       22                each place it appears and inserting ‘‘paragraph (1)’’.
                                                                       23                (b) CONFORMING AMENDMENTS.—
                                                                       24                         (1) WEEKLY AMOUNTS.—Section 232 of the



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                                                                       25                Trade Act of 1974 (19 U.S.C. 2292) is amended by


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                                                                          1              striking ‘‘section 231(a)(3)(B)’’ each place it ap-
                                                                          2              pears and inserting ‘‘section 231(a)(2)(B)’’.
                                                                          3                       (2) LIMITATIONS.—Section 233(a) of the Trade
                                                                          4              Act of 1974 (19 U.S.C. 2293(a)) is amended—
                                                                          5                                 (A) in paragraph (1), by striking ‘‘section
                                                                          6                       231(a)(3)(A)’’                       and          inserting             ‘‘section
                                                                          7                       231(a)(2)(A)’’; and
                                                                          8                                 (B) in paragraph (2)—
                                                                          9                                        (i) by striking ‘‘adversely affected em-
                                                                       10                                   ployment’’ and all that follows through
                                                                       11                                   ‘‘(A) within’’ and inserting ‘‘adversely af-
                                                                       12                                   fected employment within’’;
                                                                       13                                          (ii) by striking ‘‘, and’’ and inserting
                                                                       14                                   a period; and
                                                                       15                                          (iii) by striking subparagraph (B).
                                                                       16          SEC. 112. MODIFICATIONS TO TRADE READJUSTMENT AL-

                                                                       17                                  LOWANCES.

                                                                       18                (a) PAYMENT TO COMPLETE TRAINING.—Section
                                                                       19 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amend-
                                                                       20 ed—
                                                                       21                         (1) in subsection (a)—
                                                                       22                                   (A) in paragraph (2), by inserting after
                                                                       23                         ‘‘104-week period’’ the following: ‘‘(or, in the
                                                                       24                         case of an adversely affected worker who re-



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                                                                       25                         quires a program of prerequisite education or


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                                                                          1                       remedial education (as described in section
                                                                          2                       236(a)(5)(D)) in order to complete training ap-
                                                                          3                       proved for the worker under section 236, the
                                                                          4                       130-week period)’’;
                                                                          5                                (B) in paragraph (3), by striking ‘‘65 addi-
                                                                          6                       tional weeks in the 78-week period’’ and insert-
                                                                          7                       ing ‘‘78 additional weeks in the 91-week pe-
                                                                          8                       riod’’; and
                                                                          9                                (C) in the flush text, by striking ‘‘78-week
                                                                       10                         period’’ and inserting ‘‘91-week period’’; and
                                                                       11                         (2) by amending subsection (f) to read as fol-
                                                                       12                lows:
                                                                       13                ‘‘(f) PAYMENT OF TRADE READJUSTMENT ALLOW-
                                                                       14          ANCES TO COMPLETE TRAINING.—Notwithstanding any

                                                                       15 other provision of this section, in order to assist an ad-
                                                                       16 versely affected worker to complete training approved for
                                                                       17 the worker under section 236 that includes a program of
                                                                       18 prerequisite education or remedial education (as described
                                                                       19 in section 236(a)(5)(D)), and in accordance with regula-
                                                                       20 tions prescribed by the Secretary, payments may be made
                                                                       21 as trade readjustment allowances for up to 26 additional
                                                                       22 weeks in the 26-week period that follows the last week of
                                                                       23 entitlement to trade readjustment allowances otherwise
                                                                       24 payable under this chapter.’’.



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                                                                          1               (b) PAYMENT TO WORKERS IN ON-THE-JOB TRAIN-
                                                                          2        ING, CUSTOMIZED TRAINING, OR APPRENTICESHIP PRO-

                                                                          3        GRAMS.—Section 233(d) of the Trade Act of 1974 (19

                                                                          4 U.S.C. 2293(d)) is amended to read as follows:
                                                                          5               ‘‘(d) PAYMENT TO WORKERS IN ON-THE-JOB TRAIN-
                                                                          6        ING, CUSTOMIZED TRAINING, OR APPRENTICESHIP PRO-

                                                                          7        GRAMS.—

                                                                          8                        ‘‘(1) IN GENERAL.—Except as provided in para-
                                                                          9               graph (2) and notwithstanding any other provision
                                                                       10                 of this chapter, a trade readjustment allowance may
                                                                       11                 be paid under this part to an adversely affected
                                                                       12                 worker for any week during which the worker is re-
                                                                       13                 ceiving on-the-job training or customized training, or
                                                                       14                 is participating in a registered apprenticeship pro-
                                                                       15                 gram, under section 236.
                                                                       16                          ‘‘(2) INCOME LIMITATION.—The Secretary shall
                                                                       17                 reduce the amount of the trade readjustment allow-
                                                                       18                 ance otherwise payable to a worker under paragraph
                                                                       19                 (1) to ensure that the sum of the income of the
                                                                       20                 worker from the on-the-job training, customized
                                                                       21                 training, or apprenticeship program described in
                                                                       22                 that paragraph and the trade readjustment allow-
                                                                       23                 ance paid to the worker under that paragraph does
                                                                       24                 not exceed $55,000 during a year.



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                                                                          1                       ‘‘(3) ADJUSTMENT OF INCOME LIMITATION FOR
                                                                          2              INFLATION.—

                                                                          3                                ‘‘(A) IN               GENERAL.—The                     Secretary of
                                                                          4                       Labor shall adjust the income limitation under
                                                                          5                       paragraph (2) on October 1, 2021, and at the
                                                                          6                       beginning of each fiscal year thereafter, to re-
                                                                          7                       flect the percentage (if any) of the increase in
                                                                          8                       the average of the Consumer Price Index for
                                                                          9                       the preceding 12-month period compared to the
                                                                       10                         Consumer Price Index for fiscal year 2020.
                                                                       11                                  ‘‘(B) SPECIAL RULES FOR CALCULATION
                                                                       12                         OF ADJUSTMENT.—In                            making an adjustment
                                                                       13                         under subparagraph (A), the Secretary—
                                                                       14                                          ‘‘(i) shall round the amount of any in-
                                                                       15                                  crease in the Consumer Price Index to the
                                                                       16                                  nearest dollar; and
                                                                       17                                          ‘‘(ii) may ignore any such increase of
                                                                       18                                  less than 1 percent.
                                                                       19                                  ‘‘(C) CONSUMER PRICE INDEX DEFINED.—
                                                                       20                         For purposes of this paragraph, the term ‘Con-
                                                                       21                         sumer Price Index’ means the Consumer Price
                                                                       22                         Index for All Urban Consumers published by
                                                                       23                         the Bureau of Labor Statistics of the Depart-
                                                                       24                         ment of Labor.’’.



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                                                                          1        SEC. 113. 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 the 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 be eli-
                                                                       21 gible for an extension under subsection (a) only 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               the 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. 114. 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. 115. TRAINING FOR WORKERS.

                                                                       18                 Section 236 of the Trade Act of 1974 (19 U.S.C.
                                                                       19 2296) is amended—
                                                                       20                          (1) in subsection (a)—
                                                                       21                                   (A) in paragraph (1)—
                                                                       22                                           (i) by striking subparagraph (A);
                                                                       23                                           (ii) by redesignating subparagraphs
                                                                       24                                   (B) through (F) as subparagraphs (A)



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                                                                       25                                   through (E), respectively; and


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                                                                          1                                        (iii) in subparagraph (C), as redesig-
                                                                          2                                nated by clause (ii), by inserting ‘‘, with a
                                                                          3                                demonstrated ability to place participants
                                                                          4                                into employment’’ before the comma at the
                                                                          5                                end;
                                                                          6                                (B) in paragraph (2)(A)—
                                                                          7                                        (i) by striking ‘‘shall not exceed
                                                                          8                                $450,000,000’’ and inserting the following:
                                                                          9                                ‘‘shall not exceed—
                                                                       10                         ‘‘(i) $450,000,000’’;
                                                                       11                                          (ii) by striking the period at the end
                                                                       12                                  and inserting ‘‘; and’’; and
                                                                       13                                          (iii) by adding at the end the fol-
                                                                       14                                  lowing:
                                                                       15                         ‘‘(ii) $1,000,000,000 for each of fiscal years
                                                                       16                2022 through 2028.’’;
                                                                       17                                  (C) by striking paragraph (3);
                                                                       18                                  (D)         by     redesignating                 paragraphs    (4)
                                                                       19                         through (11) as paragraphs (3) through (10),
                                                                       20                         respectively;
                                                                       21                                  (E) in subparagraph (E) of paragraph (4),
                                                                       22                         as redesignated by subparagraph (D), by insert-
                                                                       23                         ing ‘‘, including a pre-apprenticeship program,’’
                                                                       24                         after ‘‘coursework’’;



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                                                                          1                                 (F) in subparagraph (B) of paragraph (8),
                                                                          2                        as so redesignated—
                                                                          3                                         (i) in clause (i), by striking ‘‘para-
                                                                          4                                 graph (1)(E)’’ and inserting ‘‘paragraph
                                                                          5                                 (1)(D)’’; and
                                                                          6                                         (ii) in clause (ii), by striking ‘‘para-
                                                                          7                                 graph (1)(F)’’ and inserting ‘‘paragraph
                                                                          8                                 (1)(E)’’; and
                                                                          9                                 (G) in paragraph (9), as so redesignated—
                                                                       10                                           (i) in subparagraph (A), by striking
                                                                       11                                   ‘‘paragraph (5)(A)(i)’’ and inserting ‘‘para-
                                                                       12                                   graph (4)(A)(i)’’; and
                                                                       13                                           (ii) in subparagraph (B), by striking
                                                                       14                                   ‘‘paragraph                 (5)(A)(ii)’’               and     inserting
                                                                       15                                   ‘‘paragraph (4)(A)(ii)’’;
                                                                       16                          (2) in subsection (c)(3)(B), by striking ‘‘, but
                                                                       17                 may not exceed 104 weeks in any case’’;
                                                                       18                          (3) by striking subsection (e);
                                                                       19                          (4) by redesignating subsections (f) and (g) as
                                                                       20                 subsections (e) and (f), respectively; and
                                                                       21                          (5) by adding at the end the following:
                                                                       22                 ‘‘(g) REIMBURSEMENT FOR OUT-OF-POCKET TRAIN-
                                                                       23          ING EXPENSES.—If the Secretary approves training for

                                                                       24 a worker under paragraph (1) of subsection (a), the Sec-



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                                                                          1 penses relating to training programs described in para-
                                                                          2 graph (4) of that subsection that were incurred by the
                                                                          3 worker on and after the date of the worker’s total or par-
                                                                          4 tial separation and before the date on which the certifi-
                                                                          5 cation of eligibility under section 222 that covers the work-
                                                                          6 er is issued.
                                                                          7               ‘‘(h) PRE-APPRENTICESHIP DEFINED.—For pur-
                                                                          8 poses of subsection (a)(4)(D), the term ‘pre-apprentice-
                                                                          9 ship’, with respect to a program, means an initiative or
                                                                       10 set of strategies that is designed to prepare individuals
                                                                       11 to enter and succeed in an apprenticeship program reg-
                                                                       12 istered under the Act of August 16, 1937 (commonly
                                                                       13 known as the ‘National Apprenticeship Act’; 50 Stat. 664,
                                                                       14 chapter 663; 29 U.S.C. 50 et seq.).’’.
                                                                       15                        Subtitle C—Other Matters
                                                                       16          SEC. 121. AGREEMENTS WITH STATES.

                                                                       17                 (a) COORDINATION.—Section 239(f) of the Trade Act
                                                                       18 of 1974 (19 U.S.C. 2311(f)) is amended—
                                                                       19                          (1) by striking ‘‘(f) Any agreement’’ and insert-
                                                                       20                 ing the following:
                                                                       21                 ‘‘(f)(1) Any agreement’’; and
                                                                       22                          (2) by adding at the end the following:
                                                                       23                 ‘‘(2) Each cooperating State agency shall arrange for
                                                                       24 training programs to be carried out by entities that—



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                                                                          1                       ‘‘(A) have a proven track record in achieving a
                                                                          2              satisfactory rate of completion and placement in jobs
                                                                          3              that provides a living wage, basic benefits that in-
                                                                          4              crease economic security, and develop the skills, net-
                                                                          5              works, and experiences necessary to advance along a
                                                                          6              career path;
                                                                          7                       ‘‘(B) work to assist workers from underserved
                                                                          8              communities to establish a work history, dem-
                                                                          9              onstrate success in the workplace, and develop the
                                                                       10                skills that lead to entry into and retention in unsub-
                                                                       11                sidized employment;
                                                                       12                         ‘‘(C) facilitate joint cooperation between rep-
                                                                       13                resentatives of workers, employers, and communities,
                                                                       14                especially in underserved rural and urban regions, to
                                                                       15                ensure a fair and engaging workplace that balances
                                                                       16                the priorities and well-being of workers with the
                                                                       17                needs of businesses; and
                                                                       18                         ‘‘(D) have a proven track record in adequately
                                                                       19                serving individuals who face the greatest barriers to
                                                                       20                employment, including people with low incomes, peo-
                                                                       21                ple of color, immigrants, and formerly incarcerated
                                                                       22                individuals.
                                                                       23                ‘‘(3) Each cooperating State agency shall seek, in-
                                                                       24 cluding through agreements and training programs de-



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                                                                          1 adversely affected workers upon completion of training as
                                                                          2 described in section 236.’’.
                                                                          3              (b) ADMINISTRATION.—
                                                                          4                       (1) IN GENERAL.—Section 239(g) of the Trade
                                                                          5              Act of 1974 (19 U.S.C. 2311(g)) is amended—
                                                                          6                                (A) by redesignating—
                                                                          7                                        (i) paragraphs (1) through (4) as
                                                                          8                                paragraphs (3) through (6), respectively;
                                                                          9                                and
                                                                       10                                          (ii) paragraph (5) as paragraph (8);
                                                                       11                                  (B) by inserting before paragraph (3), as
                                                                       12                         redesignated by subparagraph (A), the fol-
                                                                       13                         lowing:
                                                                       14                         ‘‘(1) review each layoff of more than 5 workers
                                                                       15                in a firm to determine whether trade played a role
                                                                       16                in the layoff and whether workers in such firm are
                                                                       17                potentially eligible to receive benefits under this
                                                                       18                chapter,
                                                                       19                         ‘‘(2) perform outreach to firms to facilitate and
                                                                       20                assist with filing petitions under section 221 and col-
                                                                       21                lecting necessary supporting information,’’;
                                                                       22                                  (C) in paragraph (3), as so redesignated,
                                                                       23                         by striking ‘‘who applies for unemployment in-
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                                                                          1                       paragraph (1) of unemployment insurance bene-
                                                                          2                       fits and’’;
                                                                          3                                (D) in paragraph (4), as so redesignated,
                                                                          4                       by inserting ‘‘and assist with’’ after ‘‘facilitate’’;
                                                                          5                                (E) in paragraph (6), as so redesignated,
                                                                          6                       by striking ‘‘and’’ at the end;
                                                                          7                                (F) by inserting after paragraph (6), as so
                                                                          8                       redesignated, the following:
                                                                          9                       ‘‘(7) perform outreach to workers from under-
                                                                       10                served communities and to firms that employ a ma-
                                                                       11                jority or a substantial percentage of workers from
                                                                       12                underserved communities and develop a plan, in con-
                                                                       13                sultation with the Secretary, for addressing common
                                                                       14                barriers to receiving services that such workers have
                                                                       15                faced,’’;
                                                                       16                                  (G) in paragraph (8), as so redesignated,
                                                                       17                         by striking ‘‘funds provided to carry out this
                                                                       18                         chapter are insufficient to make such services
                                                                       19                         available, make arrangements to make such
                                                                       20                         services available through other Federal pro-
                                                                       21                         grams.’’ and inserting ‘‘support services are
                                                                       22                         needed beyond what may be provided under this
                                                                       23                         chapter, make arrangements to coordinate such
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                                                                          1                                (H) by adding at the end the following:
                                                                          2                       ‘‘(9) develop a strategy to engage with local
                                                                          3              workforce development institutions, including local
                                                                          4              community colleges and other educational institu-
                                                                          5              tions, and
                                                                          6                       ‘‘(10) develop a comprehensive strategy to pro-
                                                                          7              vide agency staffing to support the requirements of
                                                                          8              paragraphs (1) through (9).’’.
                                                                          9                       (2) LIMITATIONS                       ON        ADMINISTRATIVE          EX-

                                                                       10                PENSES AND EMPLOYMENT AND CASE MANAGEMENT

                                                                       11                SERVICES.—Section 235A of the Trade Act of 1974

                                                                       12                (19 U.S.C. 2295a) is amended—
                                                                       13                                  (A) by striking ‘‘Of the funds’’ and insert-
                                                                       14                         ing ‘‘(a) IN GENERAL.—Of the funds’’; and
                                                                       15                                  (B) by adding at the end the following:
                                                                       16                ‘‘(b) CLARIFICATION.—Activities described in para-
                                                                       17 graphs (1) through (9) of section 239(g) shall not be con-
                                                                       18 sidered to be activities relating to the administration of
                                                                       19 the trade adjustment assistance for workers program for
                                                                       20 purposes of the limitation on administrative expenses
                                                                       21 under subsection (a)(1).’’.
                                                                       22                (c) PERFORMANCE MEASURES.—Section 239(j)(2) of
                                                                       23 the Trade Act of 1974 (19 U.S.C. 2311(j)(2)) is amend-
                                                                       24 ed—



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                                                                          1                       (1) by amending subparagraph (B) to read as
                                                                          2              follows:
                                                                          3                                ‘‘(B) ADDITIONAL INDICATORS AND ANA-
                                                                          4                       LYTICS.—The                     Secretary and a cooperating
                                                                          5                       State or cooperating State agency—
                                                                          6                                        ‘‘(i) shall conduct a comparative anal-
                                                                          7                                ysis between the median earnings of work-
                                                                          8                                ers described in subparagraph (A)(i)(I)
                                                                          9                                and the distributions of earnings across
                                                                       10                                  the workforce in the affected economic re-
                                                                       11                                  gion; and
                                                                       12                                          ‘‘(ii) may agree upon additional indi-
                                                                       13                                  cators of performance for the trade adjust-
                                                                       14                                  ment assistance program under this chap-
                                                                       15                                  ter, as appropriate.’’; and
                                                                       16                         (2) by adding at the end the following:
                                                                       17                                  ‘‘(C) DASHBOARD.—The Secretary shall
                                                                       18                         require each cooperating State and cooperating
                                                                       19                         State agency to perform workforce analytics for
                                                                       20                         the purpose of creating a dashboard that in-
                                                                       21                         cludes different measures of job quality for re-
                                                                       22                         employment and training activities provided
                                                                       23                         under this chapter.’’.




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                                                                          1              (d) STAFFING.—Section 239 of the Trade Act of
                                                                          2 1974 (19 U.S.C. 2311) is amended by striking subsection
                                                                          3 (k) and inserting the following:
                                                                          4              ‘‘(k) STAFFING.—An agreement entered into under
                                                                          5 this section shall provide that the cooperating State or co-
                                                                          6 operating State agency shall require that any individual
                                                                          7 engaged in functions to carry out the trade adjustment
                                                                          8 assistance program under this chapter shall be a State em-
                                                                          9 ployee covered by a merit system of personnel administra-
                                                                       10 tion.’’.
                                                                       11          SEC. 122. ELIGIBILITY CRITERIA FOR REEMPLOYMENT

                                                                       12                                  TRADE ADJUSTMENT ASSISTANCE.

                                                                       13                (a) IN GENERAL.—Section 246(a) of the Trade Act
                                                                       14 of 1974 (19 U.S.C. 2318(a)) is amended—
                                                                       15                         (1)       in         paragraph              (3)(B)(ii),           by    striking
                                                                       16                ‘‘$50,000’’ and inserting ‘‘$55,000’’;
                                                                       17                         (2) in paragraph (4)(A), by striking ‘‘the earlier
                                                                       18                of’’ and all that follows and inserting ‘‘the date on
                                                                       19                which the worker obtains reemployment described in
                                                                       20                paragraph (3)(B).’’; and
                                                                       21                         (3) by adding at the end the following:
                                                                       22                         ‘‘(8) ADJUSTMENT OF SALARY LIMITATION AND
                                                                       23                TOTAL AMOUNT OF PAYMENTS FOR INFLATION.—

                                                                       24                                   ‘‘(A) IN              GENERAL.—The                     Secretary of



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                                                                          1                       paragraph (3)(B)(ii) and the amount under
                                                                          2                       paragraph (5)(B)(i) on October 1, 2021, and at
                                                                          3                       the beginning of each fiscal year thereafter, to
                                                                          4                       reflect the percentage (if any) of the increase in
                                                                          5                       the average of the Consumer Price Index for
                                                                          6                       the preceding 12-month period compared to the
                                                                          7                       Consumer Price Index for fiscal year 2020.
                                                                          8                                ‘‘(B) SPECIAL RULES FOR CALCULATION
                                                                          9                       OF ADJUSTMENT.—In                            making an adjustment
                                                                       10                         under subparagraph (A), the Secretary—
                                                                       11                                          ‘‘(i) shall round the amount of any in-
                                                                       12                                  crease in the Consumer Price Index to the
                                                                       13                                  nearest dollar; and
                                                                       14                                          ‘‘(ii) may ignore any such increase of
                                                                       15                                  less than 1 percent.
                                                                       16                                  ‘‘(C) CONSUMER PRICE INDEX DEFINED.—
                                                                       17                         For purposes of this paragraph, the term ‘Con-
                                                                       18                         sumer Price Index’ means the Consumer Price
                                                                       19                         Index for All Urban Consumers published by
                                                                       20                         the Bureau of Labor Statistics of the Depart-
                                                                       21                         ment of Labor.’’.
                                                                       22                (b) PILOT PROGRAM FOR EXPANDED ELIGIBILITY.—
                                                                       23 Section 246 of the Trade Act of 1974 (19 U.S.C. 2318)
                                                                       24 is amended by adding at the end the following:



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                                                                          1              ‘‘(c) PILOT PROGRAM                              FOR         EXPANDED ELIGI-
                                                                          2        BILITY.—

                                                                          3                       ‘‘(1) IN GENERAL.—The Secretary may estab-
                                                                          4              lish a pilot program under which the Secretary may
                                                                          5              provide benefits under paragraph (2) of subsection
                                                                          6              (a) to workers younger than 50 years of age who
                                                                          7              otherwise meet the eligibility requirements set forth
                                                                          8              in paragraph (3) of that subsection.
                                                                          9                       ‘‘(2) REQUIREMENT.—The Secretary may not
                                                                       10                provide to workers under paragraph (1) benefits that
                                                                       11                are reduced relative to the benefits received by other
                                                                       12                workers under this section.
                                                                       13                         ‘‘(3) NOTIFICATION TO CONGRESS.—Before im-
                                                                       14                plementing the pilot program under paragraph (1),
                                                                       15                the Secretary shall submit to Congress a report that
                                                                       16                includes a detailed plan for the program.
                                                                       17                         ‘‘(4) TERMINATION.—The pilot program under
                                                                       18                paragraph (1) shall terminate at such time as the
                                                                       19                Secretary considers appropriate.
                                                                       20                         ‘‘(5) REPORT REQUIRED.—Not later than 90
                                                                       21                days after the termination under paragraph (4) of
                                                                       22                the pilot program under paragraph (1), the Sec-
                                                                       23                retary shall submit to Congress a report on the out-
                                                                       24                comes for the workers who participated in the pro-



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                                                                          1        SEC. 123. SUBPOENA POWER.

                                                                          2               Section 249 of the Trade Act of 1974 (19 U.S.C.
                                                                          3 2321) is amended—
                                                                          4                        (1) in subsection (a), by adding at the end the
                                                                          5               following: ‘‘That authority includes the authority of
                                                                          6               States to require, by subpoena, a firm to provide in-
                                                                          7               formation on workers employed by, or totally or par-
                                                                          8               tially separated from, the firm that is necessary to
                                                                          9               make a determination under this chapter or to pro-
                                                                       10                 vide outreach to workers, including the names and
                                                                       11                 address of workers.’’; and
                                                                       12                          (2) by adding at the end the following:
                                                                       13                 ‘‘(c) ENFORCEMENT OF SUBPOENAS BY STATES.—
                                                                       14 A State may enforce compliance with a subpoena issued
                                                                       15 under subsection (a)—
                                                                       16                          ‘‘(1) as provided for under State law; and
                                                                       17                          ‘‘(2) by petitioning an appropriate United
                                                                       18                 States district court for an order requiring compli-
                                                                       19                 ance with the subpoena.’’.
                                                                       20          SEC. 124. DATA COLLECTION WITH RESPECT TO TRAINING.

                                                                       21                 Section 249B of the Trade Act of 1974 (19 U.S.C.
                                                                       22 2323) is amended—
                                                                       23                          (1) in subsection (b)—
                                                                       24                                   (A) in paragraph (1)—




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                                                                       25                                           (i) in subparagraph (B), by adding at
                                                                       26                                   the end before the period the following: ‘‘,
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                                                                          1                                and the relevant demographic information
                                                                          2                                (including race, ethnicity, gender, income
                                                                          3                                level, and age) regarding such workers’’;
                                                                          4                                        (ii) in subparagraph (C)—
                                                                          5                                                 (I) by redesignating clauses (i)
                                                                          6                                        and (ii) as clauses (ii) and (iii), re-
                                                                          7                                        spectively; and
                                                                          8                                                 (II) by inserting before clause
                                                                          9                                        (ii), as so redesignated, the following:
                                                                       10                                          ‘‘(i) the country or countries in which
                                                                       11                                  increased imports, shifts in production,
                                                                       12                                  and other bases of eligibilities under sec-
                                                                       13                                  tion 222 originated;’’;
                                                                       14                                  (B) in paragraph (4)(B), by inserting
                                                                       15                         ‘‘training provider,’’ after ‘‘age,’’; and
                                                                       16                                  (C) by adding at the end the following:
                                                                       17                         ‘‘(7) DATA ON INDIVIDUAL PETITIONS.—
                                                                       18                                  ‘‘(A) IN GENERAL.—The following infor-
                                                                       19                         mation with respect to each petition filed under
                                                                       20                         this chapter:
                                                                       21                                          ‘‘(i) The petition number.
                                                                       22                                          ‘‘(ii) The names of the petitioner,
                                                                       23                                  firm, and certified or recognized union or
                                                                       24                                  other duly authorized representatives of



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                                                                       25                                  the group of workers.


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                                                                          1                                        ‘‘(iii) The names of the city and State
                                                                          2                                in which the firm is located.
                                                                          3                                        ‘‘(iv) A description of the articles pro-
                                                                          4                                duced or services supplied by the firm.
                                                                          5                                        ‘‘(v) The classification of the firm
                                                                          6                                under the North American Industry Classi-
                                                                          7                                fication System or the Standard Industrial
                                                                          8                                Classification.
                                                                          9                                        ‘‘(vi) The relevant demographic infor-
                                                                       10                                  mation (including race, ethnicity, gender,
                                                                       11                                  income level, and age) regarding the work-
                                                                       12                                  ers.
                                                                       13                                          ‘‘(vii) The determination of the Sec-
                                                                       14                                  retary to certify or deny the petition, in-
                                                                       15                                  cluding the basis for the determination.
                                                                       16                                          ‘‘(viii) If the petition was certified—
                                                                       17                                                   ‘‘(I) the country or countries in
                                                                       18                                          which increased imports, shifts in pro-
                                                                       19                                          duction, or other bases of eligibilities
                                                                       20                                          under section 222 originated; and
                                                                       21                                                   ‘‘(II) the number of workers cov-
                                                                       22                                          ered by the petition, the number of
                                                                       23                                          workers who received benefits, and the
                                                                       24                                          median earnings of workers upon



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                                                                          1                                         completion of training or receiving
                                                                          2                                         other benefits under this chapter.
                                                                          3                                  ‘‘(B) FORMAT.—The data collected and re-
                                                                          4                        ported under this paragraph shall be made
                                                                          5                        available to the public, in a searchable format
                                                                          6                        by each type of information required by clauses
                                                                          7                        (i) through (vii), with an option to receive
                                                                          8                        search results in an electronic spreadsheet for-
                                                                          9                        mat.’’; and
                                                                       10                          (2) in subsection (d)—
                                                                       11                                    (A) in paragraph (2), by striking ‘‘; and’’
                                                                       12                          and inserting a semicolon;
                                                                       13                                    (B) by redesignating paragraph (3) as
                                                                       14                          paragraph (4); and
                                                                       15                                    (C) by inserting after paragraph (2) the
                                                                       16                          following:
                                                                       17                          ‘‘(3) information on compliance with section
                                                                       18                 239(g) and on the Secretary’s efforts to identify best
                                                                       19                 practices and support the development of proactive
                                                                       20                 outreach programs in each State; and’’.
                                                                       21               Subtitle D—General Provisions
                                                                       22          SEC. 131. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE

                                                                       23                                   PROGRAM.

                                                                       24                 (a) REPEAL OF TERMINATION PROVISION.—



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                                                                          1                        (1) IN GENERAL.—Section 285 of the Trade
                                                                          2               Act of 1974 (19 U.S.C. 2271 note) is repealed.
                                                                          3                        (2) CLERICAL AMENDMENT.—The table of con-
                                                                          4               tents for the Trade Act of 1974 is amended by strik-
                                                                          5               ing the item relating to section 285.
                                                                          6               (b) REPEAL OF SNAPBACK PROVISION.—Section 406
                                                                          7 of the Trade Adjustment Assistance Reauthorization Act
                                                                          8 of 2015 (Public Law 114–27; 129 Stat. 379) is repealed.
                                                                          9               (c) REEMPLOYMENT TRADE ADJUSTMENT ASSIST-
                                                                       10          ANCE.—Section 246(b)(1) of the Trade Act of 1974 (19

                                                                       11 U.S.C. 2318(b)(1)) is amended by striking ‘‘June 30,
                                                                       12 2021’’ and inserting ‘‘September 30, 2028’’.
                                                                       13                 (d) AUTHORIZATIONS OF APPROPRIATIONS.—
                                                                       14                          (1) TRADE                 ADJUSTMENT                    ASSISTANCE      FOR

                                                                       15                 WORKERS.—Section                         245(a) of the Trade Act of
                                                                       16                 1974 (19 U.S.C. 2317(a)) is amended by striking
                                                                       17                 ‘‘June 30, 2021’’ and inserting ‘‘September 30,
                                                                       18                 2028’’.
                                                                       19                          (2) TRADE                 ADJUSTMENT                    ASSISTANCE      FOR

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

                                                                       21                 (19 U.S.C. 2345(a)) is amended by striking ‘‘2021’’
                                                                       22                 and inserting ‘‘2028’’.




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                                                                          1        SEC. 132. APPLICABILITY OF TRADE ADJUSTMENT ASSIST-

                                                                          2                                 ANCE PROVISIONS.

                                                                          3               (a) WORKERS CERTIFIED BEFORE DATE OF ENACT-
                                                                          4        MENT.—

                                                                          5                        (1) IN GENERAL.—Except as provided in para-
                                                                          6               graphs (2) and (3), a worker certified as eligible for
                                                                          7               adjustment assistance under section 222 of the
                                                                          8               Trade Act of 1974 before the date of the enactment
                                                                          9               of this Act shall be eligible, on and after such date
                                                                       10                 of enactment, to receive benefits only under the pro-
                                                                       11                 visions of chapter 2 of title II of the Trade Act of
                                                                       12                 1974, as in effect on such date of enactment, or as
                                                                       13                 such provisions may be amended after such date of
                                                                       14                 enactment.
                                                                       15                          (2) COMPUTATION OF MAXIMUM BENEFITS.—
                                                                       16                 Benefits received by a worker described in para-
                                                                       17                 graph (1) under chapter 2 of title II of the Trade
                                                                       18                 Act of 1974 before the date of the enactment of this
                                                                       19                 Act shall be included in any determination of the
                                                                       20                 maximum benefits for which the worker is eligible
                                                                       21                 under the provisions of chapter 2 of title II of the
                                                                       22                 Trade Act of 1974, as in effect on the date of the
                                                                       23                 enactment of this Act, or as such provisions may be
                                                                       24                 amended after such date of enactment.




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                                                                       25                          (3) AUTHORITY TO MAKE ADJUSTMENTS TO
                                                                       26                 BENEFITS.—Notwithstanding any provision of chap-

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                                                                          1               ter 2 of title II of the Trade Act of 1974, for the
                                                                          2               90-day period beginning on the date of the enact-
                                                                          3               ment of this Act, the Secretary is authorized to
                                                                          4               make any adjustments to benefits to workers de-
                                                                          5               scribed in paragraph (1) that the Secretary deter-
                                                                          6               mines to be necessary and appropriate in applying
                                                                          7               and administering the provisions of such chapter 2,
                                                                          8               as in effect on the date of the enactment of this Act,
                                                                          9               or as such provisions may be amended after such
                                                                       10                 date of enactment, in a manner that ensures parity
                                                                       11                 of treatment between the benefits of such workers
                                                                       12                 and the benefits of workers certified after such date
                                                                       13                 of enactment.
                                                                       14                 (b) WORKERS NOT CERTIFIED PURSUANT TO CER-
                                                                       15          TAIN         PETITIONS FILED BEFORE DATE                                          OF   ENACT-
                                                                       16          MENT.—

                                                                       17                         (1) CERTIFICATIONS OF WORKERS NOT CER-
                                                                       18                 TIFIED 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 Labor has
                                                                       22                         not made a determination with respect to
                                                                       23                         whether to certify a group of workers as eligible
                                                                       24                         to apply for adjustment assistance under sec-



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                                                                       25                         tion 222 of the Trade Act of 1974 pursuant to


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                                                                          1                       a petition described in subparagraph (C), the
                                                                          2                       Secretary shall make that determination based
                                                                          3                       on the requirements of section 222 of the Trade
                                                                          4                       Act of 1974, as in effect on such date of enact-
                                                                          5                       ment.
                                                                          6                                (B) RECONSIDERATION                             OF DENIALS OF

                                                                          7                       CERTIFICATIONS.—If, before the date of the en-

                                                                          8                       actment of this Act, the Secretary made a de-
                                                                          9                       termination not to certify a group of workers as
                                                                       10                         eligible to apply for adjustment assistance
                                                                       11                         under section 222 of the Trade Act of 1974
                                                                       12                         pursuant to a petition described in subpara-
                                                                       13                         graph (C), the Secretary shall—
                                                                       14                                          (i) reconsider that determination; and
                                                                       15                                          (ii) if the group of workers meets the
                                                                       16                                  requirements of section 222 of the Trade
                                                                       17                                  Act of 1974, as in effect on such date of
                                                                       18                                  enactment, certify the group of workers as
                                                                       19                                  eligible to apply for adjustment assistance.
                                                                       20                                  (C) PETITION DESCRIBED.—A petition de-
                                                                       21                         scribed in this subparagraph is a petition for a
                                                                       22                         certification of eligibility for a group of workers
                                                                       23                         filed under section 221 of the Trade Act of
                                                                       24                         1974 on or after January 1, 2021, and before



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                                                                       25                         the date of the enactment of this Act.


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                                                                          1                       (2) ELIGIBILITY FOR BENEFITS.—
                                                                          2                                (A) IN GENERAL.—Except as provided in
                                                                          3                       subparagraph (B), a worker certified as eligible
                                                                          4                       to apply for adjustment assistance under sec-
                                                                          5                       tion 222 of the Trade Act of 1974 pursuant to
                                                                          6                       a petition described in paragraph (1)(C) shall
                                                                          7                       be eligible, on and after the date of the enact-
                                                                          8                       ment of this Act, to receive benefits only under
                                                                          9                       the provisions of chapter 2 of title II of the
                                                                       10                         Trade Act of 1974, as in effect on such date of
                                                                       11                         enactment, or as such provisions may be
                                                                       12                         amended after such date of enactment.
                                                                       13                                  (B) COMPUTATION                         OF MAXIMUM BENE-

                                                                       14                         FITS.—Benefits received by a worker described

                                                                       15                         in paragraph (1) under chapter 2 of title II of
                                                                       16                         the Trade Act of 1974 before the date of the
                                                                       17                         enactment of this Act shall be included in any
                                                                       18                         determination of the maximum benefits for
                                                                       19                         which the worker is eligible under the provisions
                                                                       20                         of chapter 2 of title II of the Trade Act of
                                                                       21                         1974, as in effect on the date of the enactment
                                                                       22                         of this Act, or as such provisions may be
                                                                       23                         amended after such date of enactment.




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                                                                          1        SEC. 133. 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; and
                                                                          9                        (2) steer workers toward training that leads to
                                                                       10                 a livable wage and sustainable employment.
                                                                       11 TITLE   II—AMENDMENTS   TO
                                                                       12    WORKER ADJUSTMENT AND
                                                                       13    RETRAINING NOTIFICATION
                                                                       14    ACT
                                                                       15          SEC. 201. WORKER ADJUSTMENT AND RETRAINING NOTIFI-

                                                                       16                                   CATION ACT.

                                                                       17                 (a) AVAILABILITY OF TRADE ADJUSTMENT ASSIST-
                                                                       18          ANCE.—Section 3(a) of the Worker Adjustment and Re-

                                                                       19 training Notification Act (29 U.S.C. 2102(a)) is amend-
                                                                       20 ed—
                                                                       21                          (1) in the first sentence—
                                                                       22                                    (A) by redesignating paragraphs (1) and
                                                                       23                          (2) as subparagraphs (A) and (B), respectively;
                                                                       24                          and




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                                                                       25                                    (B) by striking ‘‘An employer’’ and insert-
                                                                       26                          ing ‘‘(1) An employer’’;
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                                                                          1                        (2) in the second sentence, by striking ‘‘If
                                                                          2               there’’ and inserting the following:
                                                                          3               ‘‘(2) If there’’; and
                                                                          4                        (3) by adding at the end the following:
                                                                          5               ‘‘(3) If the plant closing or mass layoff involved is
                                                                          6 caused by conditions described in section 222(a)(2) of the
                                                                          7 Trade Act of 1974 (19 U.S.C. 2272(a)(2)), then, in serv-
                                                                          8 ing notice under paragraph (1)(A), the employer shall in-
                                                                          9 clude in the notice information on the availability of ad-
                                                                       10 justment assistance under chapter 2 of title II of the
                                                                       11 Trade Act of 1974 (19 U.S.C. 2271 et seq.) for eligible
                                                                       12 workers.’’.
                                                                       13                 (b) NOTICE REQUIREMENTS RELATING TO SHIFTS
                                                                       14          IN PRODUCTION.—Section 3 of the Worker Adjustment

                                                                       15 and Retraining Notification Act (29 U.S.C. 2102) is
                                                                       16 amended—
                                                                       17                          (1) in subsection (d), by striking ‘‘(2) or (3)’’
                                                                       18                 and inserting ‘‘(4)(A) or (5)’’; and
                                                                       19                          (2) by adding at the end the following:
                                                                       20                 ‘‘(e) STATEMENT RELATING TO SHIFTS IN PRODUC-
                                                                       21          TION OF ARTICLES OR SUPPLY OF SERVICES.—(1) If the

                                                                       22 plant closing or mass layoff involved is caused by condi-
                                                                       23 tions described in section 222(a)(2)(B) of the Trade Act
                                                                       24 of 1974 (19 U.S.C. 2272(a)(2)(B)), then, in serving notice



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                                                                          1 under subsection (a), the employer shall include in the no-
                                                                          2 tice a statement that the closing or layoff was so caused.
                                                                          3              ‘‘(2) Each State that receives a notice under sub-
                                                                          4 section (a) that includes a statement described in para-
                                                                          5 graph (1) shall notify the Secretary of that receipt, imme-
                                                                          6 diately file a petition under subsection (a)(1) of section
                                                                          7 221 of the Trade Act of 1974 (19 U.S.C. 2271) on behalf
                                                                          8 of that group of workers, and act as the petitioner for
                                                                          9 that petition under this chapter.
                                                                       10                ‘‘(3) If the Secretary receives a petition under para-
                                                                       11 graph (2) regarding a plant closing or mass layoff affect-
                                                                       12 ing a group of workers, the Secretary shall—
                                                                       13                         ‘‘(A) immediately initiate an investigation under
                                                                       14                subsection (a)(3) of that section 221;
                                                                       15                         ‘‘(B) immediately waive the requirements for a
                                                                       16                hearing under subsection (b) of that section 221;
                                                                       17                and
                                                                       18                         ‘‘(C) unless the Secretary issues a determina-
                                                                       19                tion that includes substantial evidence that the peti-
                                                                       20                tion has not met the requirements of paragraph (1)
                                                                       21                or (2)(B) of section 222(a) of the Trade Act of 1974
                                                                       22                (19 U.S.C. 2272(a)) within 20 days after receipt of
                                                                       23                the petition—
                                                                       24                                  ‘‘(i) certify the group of workers under sec-



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                                                                       25                         tion 222 of that Act (19 U.S.C. 2272); or


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                                                                          1                                 ‘‘(ii) be considered to have issued such cer-
                                                                          2                        tification on the 21st day after receipt of the
                                                                          3                        petition.
                                                                          4               ‘‘(4) Even after the Secretary issues such a certifi-
                                                                          5 cation for a group of workers at a firm under paragraph
                                                                          6 (3)(C), the Secretary may conduct an investigation under
                                                                          7 subsection (a)(3) of that section 221 to identify additional
                                                                          8 groups of workers who may be eligible for benefits under
                                                                          9 this chapter.
                                                                       10                 ‘‘(f) NOTIFICATION OF DOWNSTREAM PRODUCERS
                                                                       11          AND SUPPLIERS.—On certification of a group of workers

                                                                       12 as described in subsection (e)(3)(C), the Secretary, in con-
                                                                       13 junction with the State in which the site of employment
                                                                       14 involved is located, shall—
                                                                       15                          ‘‘(1) endeavor to identify downstream producers
                                                                       16                 and suppliers as defined in section 222(c) of the
                                                                       17                 Trade Act of 1974 (19 U.S.C. 2272(c)) that are po-
                                                                       18                 tentially impacted by the plant closing or mass layoff
                                                                       19                 involved;
                                                                       20                          ‘‘(2) provide to such producers and suppliers—
                                                                       21                                   ‘‘(A) concerning benefits available under
                                                                       22                          chapter 2 of title II of the Trade Act of 1974
                                                                       23                          (19 U.S.C. 2271 et seq.), a description of the
                                                                       24                          benefits, of the means for filing a petition and



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                                                                          1                        applying for such benefits, and of the avail-
                                                                          2                        ability of assistance in filing the petition; and
                                                                          3                                 ‘‘(B) concerning benefits available under
                                                                          4                        chapter 3 of that title (19 U.S.C. 2341 et seq.),
                                                                          5                        the description specified in subparagraph (A);
                                                                          6                        and
                                                                          7                        ‘‘(3) direct the producers and suppliers to pro-
                                                                          8               vide to their workers the description specified in
                                                                          9               paragraph (2)(A), concerning benefits described in
                                                                       10                 paragraph (2)(A).
                                                                       11                 ‘‘(g) STATE TRANSMITTAL                                   OF       NOTICES.—Each
                                                                       12 State that receives 1 or more notices described in sub-
                                                                       13 section (a)(2) during a calendar quarter shall, not later
                                                                       14 than 10 days after the end of the quarter, transmit the
                                                                       15 notices to the Secretary.’’.
                                                                       16                 (c) ADMINISTRATIVE ENFORCEMENT                                              AND   DATA-
                                                                       17          BASE.—Section 5 of the Worker Adjustment and Retrain-

                                                                       18 ing Notification Act (29 U.S.C. 2104) is amended—
                                                                       19                          (1) by redesignating subsection (b) as sub-
                                                                       20                 section (d); and
                                                                       21                          (2) by inserting after subsection (a) the fol-
                                                                       22                 lowing:
                                                                       23                 ‘‘(b) ADMINISTRATIVE ENFORCEMENT.—(1) The
                                                                       24 Secretary may impose a fine on any employer who orders



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                                                                       25 a plant closing or mass layoff in violation of section 3.


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                                                                          1              ‘‘(2) The Secretary shall deposit the fines in an ac-
                                                                          2 count. Funds in the account shall be available to States,
                                                                          3 without appropriation, for an activity authorized under
                                                                          4 subchapter B of chapter 2 of title II of the Trade Act
                                                                          5 of 1974 (19 U.S.C. 2291 et seq.).
                                                                          6              ‘‘(c) DATABASE.—
                                                                          7                       ‘‘(1) IN GENERAL.—The Secretary shall estab-
                                                                          8              lish and maintain a database, available to the public,
                                                                          9              of notices served under section 3(a).
                                                                       10                         ‘‘(2) FEATURES.—In carrying out paragraph
                                                                       11                (1), the Secretary shall ensure that all such notices
                                                                       12                are accessible and searchable by including in the
                                                                       13                database—
                                                                       14                                  ‘‘(A) a link to the notices, or files con-
                                                                       15                         taining the notices in portable document for-
                                                                       16                         mat; and
                                                                       17                                  ‘‘(B) an interactive map and search tool
                                                                       18                         that is capable of—
                                                                       19                                          ‘‘(i) sorting the notices, by date and
                                                                       20                                  region of the plant closings and mass lay-
                                                                       21                                  offs described in the notices; and
                                                                       22                                          ‘‘(ii) enabling the user to locate plant
                                                                       23                                  closings and mass layoffs of various sizes,
                                                                       24                                  in terms of numbers of employees affected.



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                                                                       25                         ‘‘(3) OTHER INFORMATION.—


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                                                                          1                                  ‘‘(A) IN GENERAL.—The Secretary shall
                                                                          2                        ensure that the database includes, for each such
                                                                          3                        notice, information on the political subdivision,
                                                                          4                        county, and local area where the plant closing
                                                                          5                        or mass layoff takes place, the number of af-
                                                                          6                        fected workers, the date of the notice, the date
                                                                          7                        of the beginning of the plant closing or mass
                                                                          8                        layoff, and the North American Industry Classi-
                                                                          9                        fication System code for the affected industry.
                                                                       10                                    ‘‘(B) DEFINITION.—In this paragraph, the
                                                                       11                          term ‘local area’ has the meaning given the
                                                                       12                          term in section 3 of the Workforce Innovation
                                                                       13                          and Opportunity Act (29 U.S.C. 3102).’’.
                                                                       14                 (d) REPORT ON PLANT CLOSINGS AND MASS LAY-
                                                                       15          OFFS.—The Worker Adjustment and Retraining Notifica-

                                                                       16 tion Act is amended by inserting after section 10 (29
                                                                       17 U.S.C. 2109) the following:
                                                                       18          ‘‘SEC. 10A. REPORT ON PLANT CLOSINGS AND MASS LAY-

                                                                       19                                   OFFS.

                                                                       20                 ‘‘The Secretary shall annually prepare, submit to
                                                                       21 Congress, and make available to the public, a report that
                                                                       22 specifies, for the year involved—
                                                                       23                          ‘‘(1) the number of plant closings and mass lay-
                                                                       24                 offs that occurred, for which employers were subject



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                                                                       25                 to the notification requirements of section 3; and


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                                                                          1                       ‘‘(2) the number of such plant closings and
                                                                          2              mass layoffs for which employers met the require-
                                                                          3              ments.’’.
                                                                          4              (e) CONFORMING AMENDMENTS.—
                                                                          5                       (1) WORKER ADJUSTMENT AND RETRAINING
                                                                          6              NOTIFICATION ACT.—Sections                                  8(a) and 11 of the
                                                                          7              Worker Adjustment and Retraining Notification Act
                                                                          8              (29 U.S.C. 2107(a), 2101 note) are amended by
                                                                          9              striking ‘‘of Labor’’.
                                                                       10                         (2) TRADE ACT OF 1974.—Section 223(a) of the
                                                                       11                Trade Act of 1974 (19 U.S.C. 2273(a)) is amended
                                                                       12                by       inserting            ‘‘(except          as       provided               in   section
                                                                       13                3(e)(3)(C) of the Worker Adjustment and Retrain-
                                                                       14                ing Notification Act (29 U.S.C. 2102(e)(3)(C)))’’
                                                                       15                after ‘‘40 days’’.
                                                                       16             TITLE III—HEALTH CARE TAX
                                                                       17                       CREDIT
                                                                       18          SEC. 301. PERMANENT CREDIT FOR HEALTH INSURANCE

                                                                       19                                  COSTS.

                                                                       20                (a) IN GENERAL.—Subparagraph (B) of section
                                                                       21 35(b)(1) of the Internal Revenue Code of 1986 is amended
                                                                       22 by striking ‘‘, and before January 1, 2022’’.
                                                                       23                (b) INCREASE IN CREDIT PERCENTAGE.—Subsection
                                                                       24 (a) of section 35 of the Internal Revenue Code of 1986



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                                                                          1 is amended by striking ‘‘72.5 percent’’ and inserting ‘‘80
                                                                          2 percent’’.
                                                                          3              (c) CONFORMING AMENDMENTS.—Subsections (b)
                                                                          4 and (e)(1) of section 7527 of the Internal Revenue Code
                                                                          5 of 1986 are each amended by striking ‘‘72.5 percent’’ and
                                                                          6 inserting ‘‘80 percent’’.
                                                                          7              (d) EFFECTIVE DATE.—The amendments made by
                                                                          8 this section shall apply to coverage months beginning after
                                                                          9 December 31, 2021.
                                                                                                                                  Æ




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