[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2218 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2218

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2021

  Ms. Stabenow (for herself and Mr. Peters) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Adjustment 
Assistance For Workers Reauthorization Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--TRADE ADJUSTMENT ASSISTANCE PROGRAM

                Subtitle A--Petitions and Determinations

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

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

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

Sec. 131. Extension of trade adjustment assistance program.
Sec. 132. Applicability of trade adjustment assistance provisions.
Sec. 133. Sense of Congress.
 TITLE II--AMENDMENTS TO WORKER ADJUSTMENT AND RETRAINING NOTIFICATION 
                                  ACT

Sec. 201. Worker Adjustment and Retraining Notification Act.
                   TITLE III--HEALTH CARE TAX CREDIT

Sec. 301. Permanent credit for health insurance costs.

              TITLE I--TRADE ADJUSTMENT ASSISTANCE PROGRAM

                Subtitle A--Petitions and Determinations

SEC. 101. FILING PETITIONS.

    Section 221(a)(1) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1)) 
is amended--
            (1) by amending subparagraph (A) to read as follows:
            ``(A) One or more workers in the group of workers.''; and
            (2) in subparagraph (C)--
                    (A) by striking ``or a State dislocated worker 
                unit'' and inserting ``a State dislocated worker 
                unit''; and
                    (B) by adding at the end before the period the 
                following: ``, or workforce intermediaries, including 
                labor-management organizations that carry out re-
                employment and training services''.

SEC. 102. GROUP ELIGIBILITY REQUIREMENTS.

    (a) In General.--Section 222(a)(2) of the Trade Act of 1974 (19 
U.S.C. 2272(a)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by inserting ``or failed to 
                increase'' after ``absolutely''; and
                    (B) in clause (iii)--
                            (i) by striking ``to the decline'' and 
                        inserting ``to any decline or absence of 
                        increase''; and
                            (ii) by striking ``or'' at the end;
            (2) in subparagraph (B)(ii), by striking the period at the 
        end and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(C)(i) the sales or production, or both, of such firm 
        have decreased;
            ``(ii)(I) exports of articles produced or services supplied 
        by such workers' firm have decreased; or
            ``(II) imports of articles or services necessary for the 
        production of articles or services supplied by such firm have 
        decreased; and
            ``(iii) the decrease in exports or imports described in 
        clause (ii) contributed to such workers' separation or threat 
        of separation and to the decline in the sales or production of 
        such firm.''.
    (b) Repeal.--Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) 
is amended--
            (1) in subsections (a) and (b), by striking ``importantly'' 
        each place it appears; and
            (2) in subsection (c)--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) through (4) as 
                paragraphs (1) through (3), respectively.

SEC. 103. ELIGIBILITY OF STAFFED WORKERS AND TELEWORKERS.

    Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended by 
adding at the end the following:
    ``(f) Treatment of Staffed Workers and Teleworkers.--
            ``(1) In general.--For purposes of subsection (a), workers 
        in a firm include staffed workers and teleworkers.
            ``(2) Definitions.--In this subsection:
                    ``(A) Staffed worker.--The term `staffed worker' 
                means a worker who performs work under the operational 
                control of a firm that is the subject of a petition 
                filed under section 221, even if the worker is directly 
                employed by another firm.
                    ``(B) Teleworker.--The term `teleworker' means a 
                worker who works remotely but who reports to the 
                location listed for a firm in a petition filed under 
                section 221.''.

SEC. 104. APPLICATION OF DETERMINATIONS OF ELIGIBILITY TO WORKERS 
              EMPLOYED BY SUCCESSORS-IN-INTEREST.

    Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is further 
amended by adding at the end the following:
    ``(f) Treatment of Workers of Successors-in-Interest.--If the 
Secretary certifies a group of workers of a firm as eligible to apply 
for adjustment assistance under this chapter, a worker of a successor-
in-interest to that firm shall be covered by the certification to the 
same extent as a worker of that firm.''.

SEC. 105. NOTIFICATIONS TO POLITICAL SUBDIVISIONS OF CERTAIN 
              CERTIFICATIONS.

    Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended 
by section 104, is further amended by adding at the end the following:
    ``(g) Notifications to Political Subdivisions of Certain 
Certifications.--
            ``(1) Notification to secretary of commerce.--Upon issuing 
        a certification or certifications of eligibility under 
        subsection (a) pursuant to one or more petitions filed under 
        section 221 covering more than 1,000 workers within a political 
        subdivision during a calendar year, the Secretary shall notify 
        the Secretary of Commerce.
            ``(2) Notification to political subdivisions.--Upon 
        receiving a notification under paragraph (1) with respect to a 
        political subdivision, the Secretary of Commerce, acting 
        through the Assistant Secretary of Commerce for Economic 
        Development, shall--
                    ``(A) notify the political subdivision of economic 
                assistance grants, loans, and other financial 
                assistance available from the Economic Development 
                Administration; and
                    ``(B) if the political subdivision applies for any 
                such assistance and meets the requirements for 
                receiving the assistance, provide the political 
                subdivision with priority for receiving that 
                assistance.''.

SEC. 106. PILOT PROGRAM FOR EXPANDED ELIGIBILITY.

    Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended 
by section 105, is further amended by adding at the end the following:
    ``(h) Pilot Program for Expanded Eligibility.--
            ``(1) In general.--The Secretary of Labor may establish a 
        pilot program under which the Secretary may certify under 
        subsection (a) as eligible to apply for adjustment assistance 
        under this subchapter groups of workers who do not meet the 
        eligibility requirements under section 222.
            ``(2) Requirement.--The Secretary may not provide to 
        workers covered by a certification of eligibility under 
        paragraph (1) benefits that are reduced relative to the 
        benefits received by other workers under this subchapter.
            ``(3) Notification to congress.--Before implementing the 
        pilot program under paragraph (1), the Secretary shall submit 
        to Congress a report that includes--
                    ``(A) a detailed plan for the program; and
                    ``(B) a justification for each requirement under 
                section 222 to be waived under the program.
            ``(4) Termination.--The pilot program under paragraph (1) 
        shall terminate at such time as the Secretary considers 
        appropriate.
            ``(5) Report required.--Not later than 90 days after the 
        termination under paragraph (4) of the pilot program under 
        paragraph (1), the Secretary shall submit to Congress a report 
        on the outcomes for the workers who participated in the 
        program.''.

SEC. 107. PROVISION OF BENEFIT INFORMATION TO WORKERS.

    Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is amended--
            (1) in subsection (a), by inserting after the second 
        sentence the following new sentence: ``The Secretary shall make 
        every effort to provide such information and assistance to 
        workers in their native language.''; and
            (2) in subsection (b)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following:
    ``(2) The Secretary shall provide a second notice to a worker 
described in paragraph (1) before the worker has exhausted all rights 
to any unemployment insurance to which the worker is entitled (other 
than additional compensation described in section 231(a)(3)(B) funded 
by a State and not reimbursed from Federal funds).'';
                    (C) in paragraph (3), as redesignated by 
                subparagraph (A), by inserting ``print or digital'' 
                before ``newspapers''; and
                    (D) by adding at the end the following:
    ``(4) For purposes of providing outreach regarding the benefits 
available under this chapter to workers covered by a certification made 
under this subchapter, the Secretary may take any necessary actions, 
including the following:
            ``(A) Collecting the email addresses and telephone numbers 
        of such workers from the employers of such workers to provide 
        outreach to such workers.
            ``(B) Partnering with the certified or recognized union, a 
        community-based worker organization, or other duly authorized 
        representatives of such workers.
            ``(C) Hiring peer support workers to perform outreach to 
        other workers covered by that certification.
            ``(D) Using advertising methods and public information 
        campaigns, including social media, in addition to notice 
        published in print or digital newspapers under paragraph 
        (3).''.

                      Subtitle B--Program Benefits

SEC. 111. MODIFICATION OF QUALIFYING REQUIREMENTS FOR WORKERS.

    (a) In General.--Section 231(a) of the Trade Act of 1974 (19 U.S.C. 
2291(a)) is amended--
            (1) by striking paragraph (2);
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (2), (3), and (4), respectively; and
            (3) in paragraph (4), as redesignated by paragraph (2), by 
        striking ``paragraphs (1) and (2)'' each place it appears and 
        inserting ``paragraph (1)''.
    (b) Conforming Amendments.--
            (1) Weekly amounts.--Section 232 of the Trade Act of 1974 
        (19 U.S.C. 2292) is amended by striking ``section 
        231(a)(3)(B)'' each place it appears and inserting ``section 
        231(a)(2)(B)''.
            (2) Limitations.--Section 233(a) of the Trade Act of 1974 
        (19 U.S.C. 2293(a)) is amended--
                    (A) in paragraph (1), by striking ``section 
                231(a)(3)(A)'' and inserting ``section 231(a)(2)(A)''; 
                and
                    (B) in paragraph (2)--
                            (i) by striking ``adversely affected 
                        employment'' and all that follows through ``(A) 
                        within'' and inserting ``adversely affected 
                        employment within'';
                            (ii) by striking ``, and'' and inserting a 
                        period; and
                            (iii) by striking subparagraph (B).

SEC. 112. MODIFICATIONS TO TRADE READJUSTMENT ALLOWANCES.

    (a) Payment To Complete Training.--Section 233 of the Trade Act of 
1974 (19 U.S.C. 2293) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by inserting after ``104-week 
                period'' the following: ``(or, in the case of an 
                adversely affected worker who requires a program of 
                prerequisite education or remedial education (as 
                described in section 236(a)(5)(D)) in order to complete 
                training approved for the worker under section 236, the 
                130-week period)'';
                    (B) in paragraph (3), by striking ``65 additional 
                weeks in the 78-week period'' and inserting ``78 
                additional weeks in the 91-week period''; and
                    (C) in the flush text, by striking ``78-week 
                period'' and inserting ``91-week period''; and
            (2) by amending subsection (f) to read as follows:
    ``(f) Payment of Trade Readjustment Allowances To Complete 
Training.--Notwithstanding any other provision of this section, in 
order to assist an adversely affected worker to complete training 
approved for the worker under section 236 that includes a program of 
prerequisite education or remedial education (as described in section 
236(a)(5)(D)), and in accordance with regulations prescribed by the 
Secretary, payments may be made as trade readjustment allowances for up 
to 26 additional weeks in the 26-week period that follows the last week 
of entitlement to trade readjustment allowances otherwise payable under 
this chapter.''.
    (b) Payment to Workers in On-the-Job Training, Customized Training, 
or Apprenticeship Programs.--Section 233(d) of the Trade Act of 1974 
(19 U.S.C. 2293(d)) is amended to read as follows:
    ``(d) Payment to Workers in On-the-Job Training, Customized 
Training, or Apprenticeship Programs.--
            ``(1) In general.--Except as provided in paragraph (2) and 
        notwithstanding any other provision of this chapter, a trade 
        readjustment allowance may be paid under this part to an 
        adversely affected worker for any week during which the worker 
        is receiving on-the-job training or customized training, or is 
        participating in a registered apprenticeship program, under 
        section 236.
            ``(2) Income limitation.--The Secretary shall reduce the 
        amount of the trade readjustment allowance otherwise payable to 
        a worker under paragraph (1) to ensure that the sum of the 
        income of the worker from the on-the-job training, customized 
        training, or apprenticeship program described in that paragraph 
        and the trade readjustment allowance paid to the worker under 
        that paragraph does not exceed $55,000 during a year.
            ``(3) Adjustment of income limitation for inflation.--
                    ``(A) In general.--The Secretary of Labor shall 
                adjust the income limitation under paragraph (2) on 
                October 1, 2021, and at the beginning of each fiscal 
                year thereafter, to reflect the percentage (if any) of 
                the increase in the average of the Consumer Price Index 
                for the preceding 12-month period compared to the 
                Consumer Price Index for fiscal year 2020.
                    ``(B) Special rules for calculation of 
                adjustment.--In making an adjustment under subparagraph 
                (A), the Secretary--
                            ``(i) shall round the amount of any 
                        increase in the Consumer Price Index to the 
                        nearest dollar; and
                            ``(ii) may ignore any such increase of less 
                        than 1 percent.
                    ``(C) Consumer price index defined.--For purposes 
                of this paragraph, the term `Consumer Price Index' 
                means the Consumer Price Index for All Urban Consumers 
                published by the Bureau of Labor Statistics of the 
                Department of Labor.''.

SEC. 113. AUTOMATIC EXTENSION OF TRADE READJUSTMENT ALLOWANCES.

    (a) In General.--Part I of subchapter B of chapter 2 of title II of 
the Trade Act of 1974 (19 U.S.C. 2291 et seq.) is amended by inserting 
after section 233 the following new section:

``SEC. 233A. AUTOMATIC EXTENSION OF TRADE READJUSTMENT ALLOWANCES.

    ``(a) In General.--Notwithstanding the limitations under section 
233(a), the Secretary shall extend the period during which trade 
readjustment allowances are payable to an adversely affected worker who 
completes training approved under section 236 by the Secretary during a 
period of heightened unemployment with respect to the State in which 
the worker seeks benefits, for the shorter of--
            ``(1) the 26-week period beginning on the date of 
        completion of such training; or
            ``(2) the period ending on the date on which the adversely 
        affected worker secures employment.
    ``(b) Job Search Required.--A worker shall be eligible for an 
extension under subsection (a) only if the worker is complying with the 
job search requirements associated with unemployment insurance in the 
applicable State.
    ``(c) Period of Heightened Unemployment Defined.--In this section, 
the term `period of heightened unemployment' with respect to a State 
means a 90-day period during which, in the determination of the 
Secretary, either of the following average rates equals or exceeds 5.5 
percent:
            ``(1) The average rate of total unemployment in the State 
        (seasonally adjusted) for the period consisting of the most 
        recent 90 days for which data for all States are published 
        before the close of such period.
            ``(2) The average rate of total unemployment in all States 
        (seasonally adjusted) for the period consisting of the most 
        recent 90 days for which data for all States are published 
        before the close of such period.''.
    (b) Clerical Amendment.--The table of contents for the Trade Act of 
1974 is amended by inserting after the item relating to section 233 the 
following:

``Sec. 233A. Automatic extension of trade readjustment allowances.''.

SEC. 114. EMPLOYMENT AND CASE MANAGEMENT SERVICES.

     Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended--
            (1) in paragraph (3)--
                    (A) by inserting after ``regional areas'' the 
                following: ``(including information about registered 
                apprenticeship programs, on-the-job training 
                opportunities, and other work-based learning 
                opportunities)''; and
                    (B) by inserting after ``suitable training'' the 
                following: ``, information regarding the track record 
                of a training provider's ability to successfully place 
                participants into suitable employment'';
            (2) by redesignating paragraph (8) as paragraph (9); and
            (3) by inserting after paragraph (7) the following:
            ``(8) Information related to direct job placement, 
        including facilitating the extent to which employers within the 
        community commit to employing workers who would benefit from 
        the employment and case management services under this 
        section.''.

SEC. 115. TRAINING FOR WORKERS.

    Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraph (A);
                            (ii) by redesignating subparagraphs (B) 
                        through (F) as subparagraphs (A) through (E), 
                        respectively; and
                            (iii) in subparagraph (C), as redesignated 
                        by clause (ii), by inserting ``, with a 
                        demonstrated ability to place participants into 
                        employment'' before the comma at the end;
                    (B) in paragraph (2)(A)--
                            (i) by striking ``shall not exceed 
                        $450,000,000'' and inserting the following: 
                        ``shall not exceed--
            ``(i) $450,000,000'';
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(ii) $1,000,000,000 for each of fiscal years 2022 through 
        2028.'';
                    (C) by striking paragraph (3);
                    (D) by redesignating paragraphs (4) through (11) as 
                paragraphs (3) through (10), respectively;
                    (E) in subparagraph (E) of paragraph (4), as 
                redesignated by subparagraph (D), by inserting ``, 
                including a pre-apprenticeship program,'' after 
                ``coursework'';
                    (F) in subparagraph (B) of paragraph (8), as so 
                redesignated--
                            (i) in clause (i), by striking ``paragraph 
                        (1)(E)'' and inserting ``paragraph (1)(D)''; 
                        and
                            (ii) in clause (ii), by striking 
                        ``paragraph (1)(F)'' and inserting ``paragraph 
                        (1)(E)''; and
                    (G) in paragraph (9), as so redesignated--
                            (i) in subparagraph (A), by striking 
                        ``paragraph (5)(A)(i)'' and inserting 
                        ``paragraph (4)(A)(i)''; and
                            (ii) in subparagraph (B), by striking 
                        ``paragraph (5)(A)(ii)'' and inserting 
                        ``paragraph (4)(A)(ii)'';
            (2) in subsection (c)(3)(B), by striking ``, but may not 
        exceed 104 weeks in any case'';
            (3) by striking subsection (e);
            (4) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively; and
            (5) by adding at the end the following:
    ``(g) Reimbursement for Out-of-Pocket Training Expenses.--If the 
Secretary approves training for a worker under paragraph (1) of 
subsection (a), the Secretary may reimburse the worker for out-of-
pocket expenses relating to training programs described in paragraph 
(4) of that subsection that were incurred by the worker on and after 
the date of the worker's total or partial separation and before the 
date on which the certification of eligibility under section 222 that 
covers the worker is issued.
    ``(h) Pre-Apprenticeship Defined.--For purposes of subsection 
(a)(4)(D), the term `pre-apprenticeship', with respect to a program, 
means an initiative or set of strategies that is designed to prepare 
individuals to enter and succeed in an apprenticeship program 
registered under the Act of August 16, 1937 (commonly known as the 
`National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 
et seq.).''.

                       Subtitle C--Other Matters

SEC. 121. AGREEMENTS WITH STATES.

    (a) Coordination.--Section 239(f) of the Trade Act of 1974 (19 
U.S.C. 2311(f)) is amended--
            (1) by striking ``(f) Any agreement'' and inserting the 
        following:
    ``(f)(1) Any agreement''; and
            (2) by adding at the end the following:
    ``(2) Each cooperating State agency shall arrange for training 
programs to be carried out by entities that--
            ``(A) have a proven track record in achieving a 
        satisfactory rate of completion and placement in jobs that 
        provides a living wage, basic benefits that increase economic 
        security, and develop the skills, networks, and experiences 
        necessary to advance along a career path;
            ``(B) work to assist workers from underserved communities 
        to establish a work history, demonstrate success in the 
        workplace, and develop the skills that lead to entry into and 
        retention in unsubsidized employment;
            ``(C) facilitate joint cooperation between representatives 
        of workers, employers, and communities, especially in 
        underserved rural and urban regions, to ensure a fair and 
        engaging workplace that balances the priorities and well-being 
        of workers with the needs of businesses; and
            ``(D) have a proven track record in adequately serving 
        individuals who face the greatest barriers to employment, 
        including people with low incomes, people of color, immigrants, 
        and formerly incarcerated individuals.
    ``(3) Each cooperating State agency shall seek, including through 
agreements and training programs described in this subsection, to 
ensure the reemployment of adversely affected workers upon completion 
of training as described in section 236.''.
    (b) Administration.--
            (1) In general.--Section 239(g) of the Trade Act of 1974 
        (19 U.S.C. 2311(g)) is amended--
                    (A) by redesignating--
                            (i) paragraphs (1) through (4) as 
                        paragraphs (3) through (6), respectively; and
                            (ii) paragraph (5) as paragraph (8);
                    (B) by inserting before paragraph (3), as 
                redesignated by subparagraph (A), the following:
            ``(1) review each layoff of more than 5 workers in a firm 
        to determine whether trade played a role in the layoff and 
        whether workers in such firm are potentially eligible to 
        receive benefits under this chapter,
            ``(2) perform outreach to firms to facilitate and assist 
        with filing petitions under section 221 and collecting 
        necessary supporting information,'';
                    (C) in paragraph (3), as so redesignated, by 
                striking ``who applies for unemployment insurance of'' 
                and inserting ``identified under paragraph (1) of 
                unemployment insurance benefits and'';
                    (D) in paragraph (4), as so redesignated, by 
                inserting ``and assist with'' after ``facilitate'';
                    (E) in paragraph (6), as so redesignated, by 
                striking ``and'' at the end;
                    (F) by inserting after paragraph (6), as so 
                redesignated, the following:
            ``(7) perform outreach to workers from underserved 
        communities and to firms that employ a majority or a 
        substantial percentage of workers from underserved communities 
        and develop a plan, in consultation with the Secretary, for 
        addressing common barriers to receiving services that such 
        workers have faced,'';
                    (G) in paragraph (8), as so redesignated, by 
                striking ``funds provided to carry out this chapter are 
                insufficient to make such services available, make 
                arrangements to make such services available through 
                other Federal programs.'' and inserting ``support 
                services are needed beyond what may be provided under 
                this chapter, make arrangements to coordinate such 
                services available through other Federal programs;''; 
                and
                    (H) by adding at the end the following:
            ``(9) develop a strategy to engage with local workforce 
        development institutions, including local community colleges 
        and other educational institutions, and
            ``(10) develop a comprehensive strategy to provide agency 
        staffing to support the requirements of paragraphs (1) through 
        (9).''.
            (2) Limitations on administrative expenses and employment 
        and case management services.--Section 235A of the Trade Act of 
        1974 (19 U.S.C. 2295a) is amended--
                    (A) by striking ``Of the funds'' and inserting 
                ``(a) In General.--Of the funds''; and
                    (B) by adding at the end the following:
    ``(b) Clarification.--Activities described in paragraphs (1) 
through (9) of section 239(g) shall not be considered to be activities 
relating to the administration of the trade adjustment assistance for 
workers program for purposes of the limitation on administrative 
expenses under subsection (a)(1).''.
    (c) Performance Measures.--Section 239(j)(2) of the Trade Act of 
1974 (19 U.S.C. 2311(j)(2)) is amended--
            (1) by amending subparagraph (B) to read as follows:
                    ``(B) Additional indicators and analytics.--The 
                Secretary and a cooperating State or cooperating State 
                agency--
                            ``(i) shall conduct a comparative analysis 
                        between the median earnings of workers 
                        described in subparagraph (A)(i)(I) and the 
                        distributions of earnings across the workforce 
                        in the affected economic region; and
                            ``(ii) may agree upon additional indicators 
                        of performance for the trade adjustment 
                        assistance program under this chapter, as 
                        appropriate.''; and
            (2) by adding at the end the following:
                    ``(C) Dashboard.--The Secretary shall require each 
                cooperating State and cooperating State agency to 
                perform workforce analytics for the purpose of creating 
                a dashboard that includes different measures of job 
                quality for reemployment and training activities 
                provided under this chapter.''.
    (d) Staffing.--Section 239 of the Trade Act of 1974 (19 U.S.C. 
2311) is amended by striking subsection (k) and inserting the 
following:
    ``(k) Staffing.--An agreement entered into under this section shall 
provide that the cooperating State or cooperating State agency shall 
require that any individual engaged in functions to carry out the trade 
adjustment assistance program under this chapter shall be a State 
employee covered by a merit system of personnel administration.''.

SEC. 122. ELIGIBILITY CRITERIA FOR REEMPLOYMENT TRADE ADJUSTMENT 
              ASSISTANCE.

    (a) In General.--Section 246(a) of the Trade Act of 1974 (19 U.S.C. 
2318(a)) is amended--
            (1) in paragraph (3)(B)(ii), by striking ``$50,000'' and 
        inserting ``$55,000'';
            (2) in paragraph (4)(A), by striking ``the earlier of'' and 
        all that follows and inserting ``the date on which the worker 
        obtains reemployment described in paragraph (3)(B).''; and
            (3) by adding at the end the following:
            ``(8) Adjustment of salary limitation and total amount of 
        payments for inflation.--
                    ``(A) In general.--The Secretary of Labor shall 
                adjust the salary limitation under paragraph (3)(B)(ii) 
                and the amount under paragraph (5)(B)(i) on October 1, 
                2021, and at the beginning of each fiscal year 
                thereafter, to reflect the percentage (if any) of the 
                increase in the average of the Consumer Price Index for 
                the preceding 12-month period compared to the Consumer 
                Price Index for fiscal year 2020.
                    ``(B) Special rules for calculation of 
                adjustment.--In making an adjustment under subparagraph 
                (A), the Secretary--
                            ``(i) shall round the amount of any 
                        increase in the Consumer Price Index to the 
                        nearest dollar; and
                            ``(ii) may ignore any such increase of less 
                        than 1 percent.
                    ``(C) Consumer price index defined.--For purposes 
                of this paragraph, the term `Consumer Price Index' 
                means the Consumer Price Index for All Urban Consumers 
                published by the Bureau of Labor Statistics of the 
                Department of Labor.''.
    (b) Pilot Program for Expanded Eligibility.--Section 246 of the 
Trade Act of 1974 (19 U.S.C. 2318) is amended by adding at the end the 
following:
    ``(c) Pilot Program for Expanded Eligibility.--
            ``(1) In general.--The Secretary may establish a pilot 
        program under which the Secretary may provide benefits under 
        paragraph (2) of subsection (a) to workers younger than 50 
        years of age who otherwise meet the eligibility requirements 
        set forth in paragraph (3) of that subsection.
            ``(2) Requirement.--The Secretary may not provide to 
        workers under paragraph (1) benefits that are reduced relative 
        to the benefits received by other workers under this section.
            ``(3) Notification to congress.--Before implementing the 
        pilot program under paragraph (1), the Secretary shall submit 
        to Congress a report that includes a detailed plan for the 
        program.
            ``(4) Termination.--The pilot program under paragraph (1) 
        shall terminate at such time as the Secretary considers 
        appropriate.
            ``(5) Report required.--Not later than 90 days after the 
        termination under paragraph (4) of the pilot program under 
        paragraph (1), the Secretary shall submit to Congress a report 
        on the outcomes for the workers who participated in the 
        program.''.

SEC. 123. SUBPOENA POWER.

    Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``That authority includes the authority of States to require, 
        by subpoena, a firm to provide information on workers employed 
        by, or totally or partially separated from, the firm that is 
        necessary to make a determination under this chapter or to 
        provide outreach to workers, including the names and address of 
        workers.''; and
            (2) by adding at the end the following:
    ``(c) Enforcement of Subpoenas by States.--A State may enforce 
compliance with a subpoena issued under subsection (a)--
            ``(1) as provided for under State law; and
            ``(2) by petitioning an appropriate United States district 
        court for an order requiring compliance with the subpoena.''.

SEC. 124. DATA COLLECTION WITH RESPECT TO TRAINING.

    Section 249B of the Trade Act of 1974 (19 U.S.C. 2323) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), by adding at the 
                        end before the period the following: ``, and 
                        the relevant demographic information (including 
                        race, ethnicity, gender, income level, and age) 
                        regarding such workers'';
                            (ii) in subparagraph (C)--
                                    (I) by redesignating clauses (i) 
                                and (ii) as clauses (ii) and (iii), 
                                respectively; and
                                    (II) by inserting before clause 
                                (ii), as so redesignated, the 
                                following:
                            ``(i) the country or countries in which 
                        increased imports, shifts in production, and 
                        other bases of eligibilities under section 222 
                        originated;'';
                    (B) in paragraph (4)(B), by inserting ``training 
                provider,'' after ``age,''; and
                    (C) by adding at the end the following:
            ``(7) Data on individual petitions.--
                    ``(A) In general.--The following information with 
                respect to each petition filed under this chapter:
                            ``(i) The petition number.
                            ``(ii) The names of the petitioner, firm, 
                        and certified or recognized union or other duly 
                        authorized representatives of the group of 
                        workers.
                            ``(iii) The names of the city and State in 
                        which the firm is located.
                            ``(iv) A description of the articles 
                        produced or services supplied by the firm.
                            ``(v) The classification of the firm under 
                        the North American Industry Classification 
                        System or the Standard Industrial 
                        Classification.
                            ``(vi) The relevant demographic information 
                        (including race, ethnicity, gender, income 
                        level, and age) regarding the workers.
                            ``(vii) The determination of the Secretary 
                        to certify or deny the petition, including the 
                        basis for the determination.
                            ``(viii) If the petition was certified--
                                    ``(I) the country or countries in 
                                which increased imports, shifts in 
                                production, or other bases of 
                                eligibilities under section 222 
                                originated; and
                                    ``(II) the number of workers 
                                covered by the petition, the number of 
                                workers who received benefits, and the 
                                median earnings of workers upon 
                                completion of training or receiving 
                                other benefits under this chapter.
                    ``(B) Format.--The data collected and reported 
                under this paragraph shall be made available to the 
                public, in a searchable format by each type of 
                information required by clauses (i) through (vii), with 
                an option to receive search results in an electronic 
                spreadsheet format.''; and
            (2) in subsection (d)--
                    (A) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) information on compliance with section 239(g) and on 
        the Secretary's efforts to identify best practices and support 
        the development of proactive outreach programs in each State; 
        and''.

                     Subtitle D--General Provisions

SEC. 131. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.

    (a) Repeal of Termination Provision.--
            (1) In general.--Section 285 of the Trade Act of 1974 (19 
        U.S.C. 2271 note) is repealed.
            (2) Clerical amendment.--The table of contents for the 
        Trade Act of 1974 is amended by striking the item relating to 
        section 285.
    (b) Repeal of Snapback Provision.--Section 406 of the Trade 
Adjustment Assistance Reauthorization Act of 2015 (Public Law 114-27; 
129 Stat. 379) is repealed.
    (c) Reemployment Trade Adjustment Assistance.--Section 246(b)(1) of 
the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking 
``June 30, 2021'' and inserting ``September 30, 2028''.
    (d) Authorizations of Appropriations.--
            (1) Trade adjustment assistance for workers.--Section 
        245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended 
        by striking ``June 30, 2021'' and inserting ``September 30, 
        2028''.
            (2) Trade adjustment assistance for firms.--Section 255(a) 
        of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended by 
        striking ``2021'' and inserting ``2028''.

SEC. 132. APPLICABILITY OF TRADE ADJUSTMENT ASSISTANCE PROVISIONS.

    (a) Workers Certified Before Date of Enactment.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), a worker certified as eligible for adjustment assistance 
        under section 222 of the Trade Act of 1974 before the date of 
        the enactment of this Act shall be eligible, on and after such 
        date of enactment, to receive benefits only under the 
        provisions of chapter 2 of title II of the Trade Act of 1974, 
        as in effect on such date of enactment, or as such provisions 
        may be amended after such date of enactment.
            (2) Computation of maximum benefits.--Benefits received by 
        a worker described in paragraph (1) under chapter 2 of title II 
        of the Trade Act of 1974 before the date of the enactment of 
        this Act shall be included in any determination of the maximum 
        benefits for which the worker is eligible under the provisions 
        of chapter 2 of title II of the Trade Act of 1974, as in effect 
        on the date of the enactment of this Act, or as such provisions 
        may be amended after such date of enactment.
            (3) Authority to make adjustments to benefits.--
        Notwithstanding any provision of chapter 2 of title II of the 
        Trade Act of 1974, for the 90-day period beginning on the date 
        of the enactment of this Act, the Secretary is authorized to 
        make any adjustments to benefits to workers described in 
        paragraph (1) that the Secretary determines to be necessary and 
        appropriate in applying and administering the provisions of 
        such chapter 2, as in effect on the date of the enactment of 
        this Act, or as such provisions may be amended after such date 
        of enactment, in a manner that ensures parity of treatment 
        between the benefits of such workers and the benefits of 
        workers certified after such date of enactment.
    (b) Workers Not Certified Pursuant to Certain Petitions Filed 
Before Date of Enactment.--
            (1) Certifications of workers not certified before date of 
        enactment.--
                    (A) Criteria if a determination has not been 
                made.--If, as of the date of the enactment of this Act, 
                the Secretary of Labor has not made a determination 
                with respect to whether to certify a group of workers 
                as eligible to apply for adjustment assistance under 
                section 222 of the Trade Act of 1974 pursuant to a 
                petition described in subparagraph (C), the Secretary 
                shall make that determination based on the requirements 
                of section 222 of the Trade Act of 1974, as in effect 
                on such date of enactment.
                    (B) Reconsideration of denials of certifications.--
                If, before the date of the enactment of this Act, the 
                Secretary made a determination not to certify a group 
                of workers as eligible to apply for adjustment 
                assistance under section 222 of the Trade Act of 1974 
                pursuant to a petition described in subparagraph (C), 
                the Secretary shall--
                            (i) reconsider that determination; and
                            (ii) if the group of workers meets the 
                        requirements of section 222 of the Trade Act of 
                        1974, as in effect on such date of enactment, 
                        certify the group of workers as eligible to 
                        apply for adjustment assistance.
                    (C) Petition described.--A petition described in 
                this subparagraph is a petition for a certification of 
                eligibility for a group of workers filed under section 
                221 of the Trade Act of 1974 on or after January 1, 
                2021, and before the date of the enactment of this Act.
            (2) Eligibility for benefits.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a worker certified as eligible to apply for 
                adjustment assistance under section 222 of the Trade 
                Act of 1974 pursuant to a petition described in 
                paragraph (1)(C) shall be eligible, on and after the 
                date of the enactment of this Act, to receive benefits 
                only under the provisions of chapter 2 of title II of 
                the Trade Act of 1974, as in effect on such date of 
                enactment, or as such provisions may be amended after 
                such date of enactment.
                    (B) Computation of maximum benefits.--Benefits 
                received by a worker described in paragraph (1) under 
                chapter 2 of title II of the Trade Act of 1974 before 
                the date of the enactment of this Act shall be included 
                in any determination of the maximum benefits for which 
                the worker is eligible under the provisions of chapter 
                2 of title II of the Trade Act of 1974, as in effect on 
                the date of the enactment of this Act, or as such 
                provisions may be amended after such date of enactment.

SEC. 133. SENSE OF CONGRESS.

    It is the sense of Congress that, in administering the trade 
adjustment assistance program under chapter 2 of title II of the Trade 
Act of 1974 (19 U.S.C. 2271 et seq.), a State should--
            (1) prioritize providing training that leads to employment 
        outcomes that replace 100 percent of an adversely affected 
        worker's wages; and
            (2) steer workers toward training that leads to a livable 
        wage and sustainable employment.

 TITLE II--AMENDMENTS TO WORKER ADJUSTMENT AND RETRAINING NOTIFICATION 
                                  ACT

SEC. 201. WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT.

    (a) Availability of Trade Adjustment Assistance.--Section 3(a) of 
the Worker Adjustment and Retraining Notification Act (29 U.S.C. 
2102(a)) is amended--
            (1) in the first sentence--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively; and
                    (B) by striking ``An employer'' and inserting ``(1) 
                An employer'';
            (2) in the second sentence, by striking ``If there'' and 
        inserting the following:
    ``(2) If there''; and
            (3) by adding at the end the following:
    ``(3) If the plant closing or mass layoff involved is caused by 
conditions described in section 222(a)(2) of the Trade Act of 1974 (19 
U.S.C. 2272(a)(2)), then, in serving notice under paragraph (1)(A), the 
employer shall include in the notice information on the availability of 
adjustment assistance under chapter 2 of title II of the Trade Act of 
1974 (19 U.S.C. 2271 et seq.) for eligible workers.''.
    (b) Notice Requirements Relating to Shifts in Production.--Section 
3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 
2102) is amended--
            (1) in subsection (d), by striking ``(2) or (3)'' and 
        inserting ``(4)(A) or (5)''; and
            (2) by adding at the end the following:
    ``(e) Statement Relating to Shifts in Production of Articles or 
Supply of Services.--(1) If the plant closing or mass layoff involved 
is caused by conditions described in section 222(a)(2)(B) of the Trade 
Act of 1974 (19 U.S.C. 2272(a)(2)(B)), then, in serving notice under 
subsection (a), the employer shall include in the notice a statement 
that the closing or layoff was so caused.
    ``(2) Each State that receives a notice under subsection (a) that 
includes a statement described in paragraph (1) shall notify the 
Secretary of that receipt, immediately file a petition under subsection 
(a)(1) of section 221 of the Trade Act of 1974 (19 U.S.C. 2271) on 
behalf of that group of workers, and act as the petitioner for that 
petition under this chapter.
    ``(3) If the Secretary receives a petition under paragraph (2) 
regarding a plant closing or mass layoff affecting a group of workers, 
the Secretary shall--
            ``(A) immediately initiate an investigation under 
        subsection (a)(3) of that section 221;
            ``(B) immediately waive the requirements for a hearing 
        under subsection (b) of that section 221; and
            ``(C) unless the Secretary issues a determination that 
        includes substantial evidence that the petition has not met the 
        requirements of paragraph (1) or (2)(B) of section 222(a) of 
        the Trade Act of 1974 (19 U.S.C. 2272(a)) within 20 days after 
        receipt of the petition--
                    ``(i) certify the group of workers under section 
                222 of that Act (19 U.S.C. 2272); or
                    ``(ii) be considered to have issued such 
                certification on the 21st day after receipt of the 
                petition.
    ``(4) Even after the Secretary issues such a certification for a 
group of workers at a firm under paragraph (3)(C), the Secretary may 
conduct an investigation under subsection (a)(3) of that section 221 to 
identify additional groups of workers who may be eligible for benefits 
under this chapter.
    ``(f) Notification of Downstream Producers and Suppliers.--On 
certification of a group of workers as described in subsection 
(e)(3)(C), the Secretary, in conjunction with the State in which the 
site of employment involved is located, shall--
            ``(1) endeavor to identify downstream producers and 
        suppliers as defined in section 222(c) of the Trade Act of 1974 
        (19 U.S.C. 2272(c)) that are potentially impacted by the plant 
        closing or mass layoff involved;
            ``(2) provide to such producers and suppliers--
                    ``(A) concerning benefits available under chapter 2 
                of title II of the Trade Act of 1974 (19 U.S.C. 2271 et 
                seq.), a description of the benefits, of the means for 
                filing a petition and applying for such benefits, and 
                of the availability of assistance in filing the 
                petition; and
                    ``(B) concerning benefits available under chapter 3 
                of that title (19 U.S.C. 2341 et seq.), the description 
                specified in subparagraph (A); and
            ``(3) direct the producers and suppliers to provide to 
        their workers the description specified in paragraph (2)(A), 
        concerning benefits described in paragraph (2)(A).
    ``(g) State Transmittal of Notices.--Each State that receives 1 or 
more notices described in subsection (a)(2) during a calendar quarter 
shall, not later than 10 days after the end of the quarter, transmit 
the notices to the Secretary.''.
    (c) Administrative Enforcement and Database.--Section 5 of the 
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104) is 
amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by inserting after subsection (a) the following:
    ``(b) Administrative Enforcement.--(1) The Secretary may impose a 
fine on any employer who orders a plant closing or mass layoff in 
violation of section 3.
    ``(2) The Secretary shall deposit the fines in an account. Funds in 
the account shall be available to States, without appropriation, for an 
activity authorized under subchapter B of chapter 2 of title II of the 
Trade Act of 1974 (19 U.S.C. 2291 et seq.).
    ``(c) Database.--
            ``(1) In general.--The Secretary shall establish and 
        maintain a database, available to the public, of notices served 
        under section 3(a).
            ``(2) Features.--In carrying out paragraph (1), the 
        Secretary shall ensure that all such notices are accessible and 
        searchable by including in the database--
                    ``(A) a link to the notices, or files containing 
                the notices in portable document format; and
                    ``(B) an interactive map and search tool that is 
                capable of--
                            ``(i) sorting the notices, by date and 
                        region of the plant closings and mass layoffs 
                        described in the notices; and
                            ``(ii) enabling the user to locate plant 
                        closings and mass layoffs of various sizes, in 
                        terms of numbers of employees affected.
            ``(3) Other information.--
                    ``(A) In general.--The Secretary shall ensure that 
                the database includes, for each such notice, 
                information on the political subdivision, county, and 
                local area where the plant closing or mass layoff takes 
                place, the number of affected workers, the date of the 
                notice, the date of the beginning of the plant closing 
                or mass layoff, and the North American Industry 
                Classification System code for the affected industry.
                    ``(B) Definition.--In this paragraph, the term 
                `local area' has the meaning given the term in section 
                3 of the Workforce Innovation and Opportunity Act (29 
                U.S.C. 3102).''.
    (d) Report on Plant Closings and Mass Layoffs.--The Worker 
Adjustment and Retraining Notification Act is amended by inserting 
after section 10 (29 U.S.C. 2109) the following:

``SEC. 10A. REPORT ON PLANT CLOSINGS AND MASS LAYOFFS.

    ``The Secretary shall annually prepare, submit to Congress, and 
make available to the public, a report that specifies, for the year 
involved--
            ``(1) the number of plant closings and mass layoffs that 
        occurred, for which employers were subject to the notification 
        requirements of section 3; and
            ``(2) the number of such plant closings and mass layoffs 
        for which employers met the requirements.''.
    (e) Conforming Amendments.--
            (1) Worker adjustment and retraining notification act.--
        Sections 8(a) and 11 of the Worker Adjustment and Retraining 
        Notification Act (29 U.S.C. 2107(a), 2101 note) are amended by 
        striking ``of Labor''.
            (2) Trade act of 1974.--Section 223(a) of the Trade Act of 
        1974 (19 U.S.C. 2273(a)) is amended by inserting ``(except as 
        provided in section 3(e)(3)(C) of the Worker Adjustment and 
        Retraining Notification Act (29 U.S.C. 2102(e)(3)(C)))'' after 
        ``40 days''.

                   TITLE III--HEALTH CARE TAX CREDIT

SEC. 301. PERMANENT CREDIT FOR HEALTH INSURANCE COSTS.

    (a) In General.--Subparagraph (B) of section 35(b)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``, and before 
January 1, 2022''.
    (b) Increase in Credit Percentage.--Subsection (a) of section 35 of 
the Internal Revenue Code of 1986 is amended by striking ``72.5 
percent'' and inserting ``80 percent''.
    (c) Conforming Amendments.--Subsections (b) and (e)(1) of section 
7527 of the Internal Revenue Code of 1986 are each amended by striking 
``72.5 percent'' and inserting ``80 percent''.
    (d) Effective Date.--The amendments made by this section shall 
apply to coverage months beginning after December 31, 2021.
                                 <all>