Trade Adjustment Assistance For Workers Reauthorization Act of 2021

To expand the trade adjustment assistance for workers program, and for other purposes. 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. I Trade adjustment assistance program A Petitions and Determinations 101. Filing petitions Section 221(a)(1) of the Trade Act of 1974 ( 19 U.S.C. 2271(a)(1) (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 a State dislocated worker unit (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 102. Group eligibility requirements (a) In general Section 222(a)(2) of the Trade Act of 1974 ( 19 U.S.C. 2272(a)(2) (1) in subparagraph (A)— (A) in clause (i), by inserting or failed to increase absolutely (B) in clause (iii)— (i) by striking to the decline to any decline or absence of increase (ii) by striking or (2) in subparagraph (B)(ii), by striking the period at the end and inserting ; or (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 (1) in subsections (a) and (b), by striking importantly (2) in subsection (c)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. 103. Eligibility of staffed workers and teleworkers Section 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 (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 (B) Teleworker The term teleworker . 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 (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. . 105. Notifications to political subdivisions of certain certifications Section 223 of the Trade Act of 1974 ( 19 U.S.C. 2273 (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. . 106. Pilot program for expanded eligibility Section 223 of the Trade Act of 1974 ( 19 U.S.C. 2273 (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. . 107. Provision of benefit information to workers Section 225 of the Trade Act of 1974 ( 19 U.S.C. 2275 (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. (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 newspapers (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). . B Program Benefits 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) (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) paragraph (1) (b) Conforming amendments (1) Weekly amounts Section 232 of the Trade Act of 1974 ( 19 U.S.C. 2292 section 231(a)(3)(B) section 231(a)(2)(B) (2) Limitations Section 233(a) of the Trade Act of 1974 ( 19 U.S.C. 2293(a) (A) in paragraph (1), by striking section 231(a)(3)(A) section 231(a)(2)(A) (B) in paragraph (2)— (i) by striking adversely affected employment (A) within adversely affected employment within (ii) by striking , and (iii) by striking subparagraph (B). 112. Modifications to trade readjustment allowances (a) Payment To complete training Section 233 of the Trade Act of 1974 ( 19 U.S.C. 2293 (1) in subsection (a)— (A) in paragraph (2), by inserting after 104-week period (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 78 additional weeks in the 91-week period (C) in the flush text, by striking 78-week period 91-week period (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) (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 . 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. 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 (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. . 114. Employment and case management services Section 235 of the Trade Act of 1974 ( 19 U.S.C. 2295 (1) in paragraph (3)— (A) by inserting after regional areas (including information about registered apprenticeship programs, on-the-job training opportunities, and other work-based learning opportunities) (B) by inserting after suitable training , 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. . 115. Training for workers Section 236 of the Trade Act of 1974 ( 19 U.S.C. 2296 (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 (B) in paragraph (2)(A)— (i) by striking shall not exceed $450,000,000 (i) $450,000,000 ; (ii) by striking the period at the end and inserting ; 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, coursework (F) in subparagraph (B) of paragraph (8), as so redesignated— (i) in clause (i), by striking paragraph (1)(E) paragraph (1)(D) (ii) in clause (ii), by striking paragraph (1)(F) paragraph (1)(E) (G) in paragraph (9), as so redesignated— (i) in subparagraph (A), by striking paragraph (5)(A)(i) paragraph (4)(A)(i) (ii) in subparagraph (B), by striking paragraph (5)(A)(ii) 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 National Apprenticeship Act 29 U.S.C. 50 et seq. . C Other Matters 121. Agreements with States (a) Coordination Section 239(f) of the Trade Act of 1974 ( 19 U.S.C. 2311(f) (1) by striking (f) Any agreement (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) (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 identified under paragraph (1) of unemployment insurance benefits and (D) in paragraph (4), as so redesignated, by inserting and assist with facilitate (E) in paragraph (6), as so redesignated, by striking and (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. support services are needed beyond what may be provided under this chapter, make arrangements to coordinate such services available through other Federal programs; (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 (A) by striking Of the funds (a) In general (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) (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 (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. . 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) (1) in paragraph (3)(B)(ii), by striking $50,000 $55,000 (2) in paragraph (4)(A), by striking the earlier of the date on which the worker obtains reemployment described in paragraph (3)(B). (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 . (b) Pilot program for expanded eligibility Section 246 of the Trade Act of 1974 ( 19 U.S.C. 2318 (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. . 123. Subpoena power Section 249 of the Trade Act of 1974 ( 19 U.S.C. 2321 (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. (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. . 124. Data collection with respect to training Section 249B of the Trade Act of 1974 ( 19 U.S.C. 2323 (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, age, (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 (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 . D General Provisions 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 (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 (c) Reemployment trade adjustment assistance Section 246(b)(1) of the Trade Act of 1974 ( 19 U.S.C. 2318(b)(1) June 30, 2021 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) June 30, 2021 September 30, 2028 (2) Trade adjustment assistance for firms Section 255(a) of the Trade Act of 1974 ( 19 U.S.C. 2345(a) 2021 2028 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. 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. (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. II Amendments to Worker Adjustment and Retraining Notification Act 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) (1) in the first sentence— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (B) by striking An employer (1) An employer (2) in the second sentence, by striking If there (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) 19 U.S.C. 2271 et seq. . (b) Notice requirements relating to shifts in production Section 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102 (1) in subsection (d), by striking (2) or (3) (4)(A) or (5) (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) (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 (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) (i) certify the group of workers under section 222 of that Act ( 19 U.S.C. 2272 (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) (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. (B) concerning benefits available under chapter 3 of that title ( 19 U.S.C. 2341 et seq. (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 (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 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 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) of Labor (2) Trade act of 1974 Section 223(a) of the Trade Act of 1974 ( 19 U.S.C. 2273(a) (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) 40 days III Health care tax credit 301. Permanent credit for health insurance costs (a) In general Subparagraph (B) of section 35(b)(1) , and before January 1, 2022 (b) Increase in credit percentage Subsection (a) of section 35 72.5 percent 80 percent (c) Conforming amendments Subsections (b) and (e)(1) of section 7527 72.5 percent 80 percent (d) Effective date The amendments made by this section shall apply to coverage months beginning after December 31, 2021.

Summary: Trade Adjustment Assistance For Workers Reauthorization Act of 2021 This bill reauthorizes through FY2028 and otherwise revises the Trade Adjustment Assistance Program, including by expanding program eligibility to additional workers and authorizing the Department of Labor to reimburse workers for certain out-of-pocket training expenses. The bill also permanently extends the tax credit for health insurance costs and increases the percentage of such credit.