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 Representa2 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 Reauthoriza6 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. 

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— 

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, in9 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 in19 serting ‘‘to any decline or absence of in20 crease’’; and 

21 (ii) by striking ‘‘or’’ at the end; 

22 (2) in subparagraph (B)(ii), by striking the pe23 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 de9 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 ‘‘im15 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), re20 spectively. 

21 SEC. 103. ELIGIBILITY OF STAFFED WORKERS AND TELE22 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 TELE2 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 sec11 tion 221, even if the worker is directly em12 ployed by another firm. 

13 ‘‘(B) TELEWORKER.—The term ‘tele14 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 ELIGI18 BILITY TO WORKERS EMPLOYED BY SUCCES19 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 fol22 lowing: 

23 ‘‘(f) TREATMENT OF WORKERS OF SUCCESSORS-IN24 INTEREST.—If the Secretary certifies a group of workers 

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 COM12 MERCE.—Upon issuing a certification or certifi13 cations of eligibility under subsection (a) pursuant 

14 to one or more petitions filed under section 221 cov15 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 SUBDIVI19 SIONS.—Upon receiving a notification under para20 graph (1) with respect to a political subdivision, the 

21 Secretary of Commerce, acting through the Assist22 ant Secretary of Commerce for Economic Develop23 ment, shall— 

24 ‘‘(A) notify the political subdivision of eco25 nomic assistance grants, loans, and other finanVerDate Sep 11 2014 05:23 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2218.IS S2218

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1 cial assistance available from the Economic De2 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 as7 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 ELIGI13 BILITY.— 

14 ‘‘(1) IN GENERAL.—The Secretary of Labor 

15 may establish a pilot program under which the Sec16 retary may certify under subsection (a) as eligible to 

17 apply for adjustment assistance under this sub18 chapter groups of workers who do not meet the eligi19 bility requirements under section 222. 

20 ‘‘(2) REQUIREMENT.—The Secretary may not 

21 provide to workers covered by a certification of eligi22 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 im2 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 pro8 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 Sec15 retary shall submit to Congress a report on the out16 comes for the workers who participated in the pro17 gram.’’. 

18 SEC. 107. PROVISION OF BENEFIT INFORMATION TO WORK19 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 sec23 ond sentence the following new sentence: ‘‘The Sec24 retary shall make every effort to provide such inforVerDate Sep 11 2014 05:23 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2218.IS S2218

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1 mation and assistance to workers in their native lan2 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 com12 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 dig16 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 cov20 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 tele24 phone numbers of such workers from the employers 

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 work4 ers. 

5 ‘‘(C) Hiring peer support workers to perform 

6 outreach to other workers covered by that certifi7 cation. 

8 ‘‘(D) Using advertising methods and public in9 formation campaigns, including social media, in ad10 dition to notice published in print or digital news11 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 para21 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 

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 ap2 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 em10 ployment’’ and all that follows through 

11 ‘‘(A) within’’ and inserting ‘‘adversely af12 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 AL17 LOWANCES. 

18 (a) PAYMENT TO COMPLETE TRAINING.—Section 

19 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amend20 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 re25 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 ap3 proved for the worker under section 236, the 

4 130-week period)’’; 

5 (B) in paragraph (3), by striking ‘‘65 addi6 tional weeks in the 78-week period’’ and insert7 ing ‘‘78 additional weeks in the 91-week pe8 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 fol12 lows: 

13 ‘‘(f) PAYMENT OF TRADE READJUSTMENT ALLOW14 ANCES TO COMPLETE TRAINING.—Notwithstanding any 

15 other provision of this section, in order to assist an ad16 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 regula20 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 TRAIN2 ING, CUSTOMIZED TRAINING, OR APPRENTICESHIP PRO3 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 TRAIN6 ING, CUSTOMIZED TRAINING, OR APPRENTICESHIP PRO7 GRAMS.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 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 re13 ceiving on-the-job training or customized training, or 

14 is participating in a registered apprenticeship pro15 gram, under section 236. 

16 ‘‘(2) INCOME LIMITATION.—The Secretary shall 

17 reduce the amount of the trade readjustment allow18 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 allow23 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 re7 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 in15 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 ‘Con21 sumer Price Index’ means the Consumer Price 

22 Index for All Urban Consumers published by 

23 the Bureau of Labor Statistics of the Depart24 ment of Labor.’’. 


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1 SEC. 113. AUTOMATIC EXTENSION OF TRADE READJUST2 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 fol6 lowing new section: 

7 ‘‘SEC. 233A. AUTOMATIC EXTENSION OF TRADE READJUST8 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 ap13 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 eli21 gible for an extension under subsection (a) only if the 

22 worker is complying with the job search requirements as23 sociated with unemployment insurance in the applicable 

24 State. 

25 ‘‘(c) PERIOD OF HEIGHTENED UNEMPLOYMENT DE26 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 Sec3 retary, either of the following average rates equals or ex4 ceeds 5.5 percent: 

5 ‘‘(1) The average rate of total unemployment in 

6 the State (seasonally adjusted) for the period con7 sisting of the most recent 90 days for which data for 

8 all States are published before the close of such pe9 riod. 

10 ‘‘(2) The average rate of total unemployment in 

11 all States (seasonally adjusted) for the period con12 sisting of the most recent 90 days for which data for 

13 all States are published before the close of such pe14 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 SERV19 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 

24 following: ‘‘(including information about reg25 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 em7 ployment’’; 

8 (2) by redesignating paragraph (8) as para9 graph (9); and 

10 (3) by inserting after paragraph (7) the fol11 lowing: 

12 ‘‘(8) Information related to direct job place13 ment, including facilitating the extent to which em14 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) 

25 through (E), respectively; and 


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1 (iii) in subparagraph (C), as redesig2 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 fol14 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 insert23 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 ‘‘para4 graph (1)(E)’’ and inserting ‘‘paragraph 

5 (1)(D)’’; and 

6 (ii) in clause (ii), by striking ‘‘para7 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 ‘‘para12 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 TRAIN23 ING EXPENSES.—If the Secretary approves training for 

24 a worker under paragraph (1) of subsection (a), the Sec25 retary may reimburse the worker for out-of-pocket exVerDate Sep 11 2014 05:23 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2218.IS S2218

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1 penses relating to training programs described in para2 graph (4) of that subsection that were incurred by the 

3 worker on and after the date of the worker’s total or par4 tial separation and before the date on which the certifi5 cation of eligibility under section 222 that covers the work6 er is issued. 

7 ‘‘(h) PRE-APPRENTICESHIP DEFINED.—For pur8 poses of subsection (a)(4)(D), the term ‘pre-apprentice9 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 reg12 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 insert20 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 in4 crease economic security, and develop the skills, net5 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, dem9 onstrate success in the workplace, and develop the 

10 skills that lead to entry into and retention in unsub11 sidized employment; 

12 ‘‘(C) facilitate joint cooperation between rep13 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, peo21 ple of color, immigrants, and formerly incarcerated 

22 individuals. 

23 ‘‘(3) Each cooperating State agency shall seek, in24 cluding through agreements and training programs de25 scribed in this subsection, to ensure the reemployment of 


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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 fol13 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 col21 lecting necessary supporting information,’’; 

22 (C) in paragraph (3), as so redesignated, 

23 by striking ‘‘who applies for unemployment in24 surance of’’ and inserting ‘‘identified under 


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1 paragraph (1) of unemployment insurance bene2 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 under10 served communities and to firms that employ a ma11 jority or a substantial percentage of workers from 

12 underserved communities and develop a plan, in con13 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 pro21 grams.’’ and inserting ‘‘support services are 

22 needed beyond what may be provided under this 

23 chapter, make arrangements to coordinate such 

24 services available through other Federal pro25 grams;’’; and 


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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 institu5 tions, and 

6 ‘‘(10) develop a comprehensive strategy to pro7 vide agency staffing to support the requirements of 

8 paragraphs (1) through (9).’’. 

9 (2) LIMITATIONS ON ADMINISTRATIVE EX10 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 insert14 ing ‘‘(a) IN GENERAL.—Of the funds’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(b) CLARIFICATION.—Activities described in para17 graphs (1) through (9) of section 239(g) shall not be con18 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 amend24 ed— 


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1 (1) by amending subparagraph (B) to read as 

2 follows: 

3 ‘‘(B) ADDITIONAL INDICATORS AND ANA4 LYTICS.—The Secretary and a cooperating 

5 State or cooperating State agency— 

6 ‘‘(i) shall conduct a comparative anal7 ysis between the median earnings of work8 ers described in subparagraph (A)(i)(I) 

9 and the distributions of earnings across 

10 the workforce in the affected economic re11 gion; and 

12 ‘‘(ii) may agree upon additional indi13 cators of performance for the trade adjust14 ment assistance program under this chap15 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 in21 cludes different measures of job quality for re22 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 co6 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 em9 ployee covered by a merit system of personnel administra10 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 

25 Labor shall adjust the salary limitation under 


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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 in12 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 ‘Con18 sumer Price Index’ means the Consumer Price 

19 Index for All Urban Consumers published by 

20 the Bureau of Labor Statistics of the Depart21 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 ELIGI2 BILITY.— 

3 ‘‘(1) IN GENERAL.—The Secretary may estab4 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 im14 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 Sec23 retary shall submit to Congress a report on the out24 comes for the workers who participated in the pro25 gram.’’. 


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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 in7 formation on workers employed by, or totally or par8 tially separated from, the firm that is necessary to 

9 make a determination under this chapter or to pro10 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 compli19 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)— 

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), re7 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 sec13 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 infor19 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 

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 pro4 duced or services supplied by the firm. 

5 ‘‘(v) The classification of the firm 

6 under the North American Industry Classi7 fication System or the Standard Industrial 

8 Classification. 

9 ‘‘(vi) The relevant demographic infor10 mation (including race, ethnicity, gender, 

11 income level, and age) regarding the work12 ers. 

13 ‘‘(vii) The determination of the Sec14 retary to certify or deny the petition, in15 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 pro19 duction, or other bases of eligibilities 

20 under section 222 originated; and 

21 ‘‘(II) the number of workers cov22 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 re4 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 for9 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 con4 tents for the Trade Act of 1974 is amended by strik5 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 ASSIST10 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 ASSIST2 ANCE PROVISIONS. 

3 (a) WORKERS CERTIFIED BEFORE DATE OF ENACT4 MENT.— 

5 (1) IN GENERAL.—Except as provided in para6 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 pro11 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 para17 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. 

25 (3) AUTHORITY TO MAKE ADJUSTMENTS TO

26 BENEFITS.—Notwithstanding any provision of chapVerDate Sep 11 2014 05:23 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2218.IS S2218

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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 enact3 ment of this Act, the Secretary is authorized to 

4 make any adjustments to benefits to workers de5 scribed in paragraph (1) that the Secretary deter6 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 CER15 TAIN PETITIONS FILED BEFORE DATE OF ENACT16 MENT.— 

17 (1) CERTIFICATIONS OF WORKERS NOT CER18 TIFIED BEFORE DATE OF ENACTMENT.— 

19 (A) CRITERIA IF A DETERMINATION HAS

20 NOT BEEN MADE.—If, as of the date of the en21 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 sec25 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 enact5 ment. 

6 (B) RECONSIDERATION OF DENIALS OF

7 CERTIFICATIONS.—If, before the date of the en8 actment of this Act, the Secretary made a de9 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 subpara13 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 de21 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 

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 sec5 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 enact8 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 BENE14 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 NOTIFI16 CATION ACT. 

17 (a) AVAILABILITY OF TRADE ADJUSTMENT ASSIST18 ANCE.—Section 3(a) of the Worker Adjustment and Re19 training Notification Act (29 U.S.C. 2102(a)) is amend20 ed— 

21 (1) in the first sentence— 

22 (A) by redesignating paragraphs (1) and 

23 (2) as subparagraphs (A) and (B), respectively; 

24 and 

25 (B) by striking ‘‘An employer’’ and insert26 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 serv8 ing notice under paragraph (1)(A), the employer shall in9 clude in the notice information on the availability of ad10 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 PRODUC21 TION OF ARTICLES OR SUPPLY OF SERVICES.—(1) If the 

22 plant closing or mass layoff involved is caused by condi23 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 no2 tice a statement that the closing or layoff was so caused. 

3 ‘‘(2) Each State that receives a notice under sub4 section (a) that includes a statement described in para5 graph (1) shall notify the Secretary of that receipt, imme6 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 para11 graph (2) regarding a plant closing or mass layoff affect12 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 determina19 tion that includes substantial evidence that the peti20 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 sec25 tion 222 of that Act (19 U.S.C. 2272); or 


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1 ‘‘(ii) be considered to have issued such cer2 tification on the 21st day after receipt of the 

3 petition. 

4 ‘‘(4) Even after the Secretary issues such a certifi5 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 con13 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 po18 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 avail2 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 pro8 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 sub13 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 DATA17 BASE.—Section 5 of the Worker Adjustment and Retrain18 ing Notification Act (29 U.S.C. 2104) is amended— 

19 (1) by redesignating subsection (b) as sub20 section (d); and 

21 (2) by inserting after subsection (a) the fol22 lowing: 

23 ‘‘(b) ADMINISTRATIVE ENFORCEMENT.—(1) The 

24 Secretary may impose a fine on any employer who orders 

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 ac2 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 estab8 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 con15 taining the notices in portable document for16 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 lay21 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. 

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 af6 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 Classi9 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 LAY15 OFFS.—The Worker Adjustment and Retraining Notifica16 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 LAY19 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 lay24 offs that occurred, for which employers were subject 

25 to the notification requirements of section 3; and 


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•S 2218 IS

1 ‘‘(2) the number of such plant closings and 

2 mass layoffs for which employers met the require3 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 Retrain14 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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•S 2218 IS

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 


kjohnson on DSK79L0C42PROD with BILLS