Trade Adjustment Assistance Modernization Act of 2021
This bill reauthorizes through FY2028 and otherwise revises the Trade Adjustment Assistance Program, including by expanding program eligibility to additional workers, increasing relocation and job search allowances, establishing a child care allowance, and expanding eligibility for and increasing the maximum benefit of wage insurance. The bill also permanently extends the tax credit for health insurance costs and increases the percentage of such credit.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3974 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3974
To extend the trade adjustment assistance program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2021
Mr. Blumenauer (for himself, Mr. Kildee, Ms. DelBene, Ms. Moore of
Wisconsin, Mr. Kind, Mr. Horsford, Ms. Sewell, Mr. Schneider, Mr.
Beyer, Mr. Panetta, Mr. Suozzi, Mr. Pascrell, Ms. Chu, Mr. Evans, Mr.
Danny K. Davis of Illinois, Ms. Plaskett, Mr. Gomez, Ms. Sanchez, Mr.
Brendan F. Boyle of Pennsylvania, Mr. Doggett, Mr. Higgins of New York,
Mr. Larson of Connecticut, and Mr. Thompson of California) introduced
the following bill; which was referred to the Committee on Ways and
Means
_______________________________________________________________________
A BILL
To extend the trade adjustment assistance program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trade Adjustment
Assistance Modernization Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Application of provisions relating to trade adjustment
assistance.
TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
Sec. 101. Filing petitions.
Sec. 102. Group eligibility requirements.
Sec. 103. Application of determinations of eligibility to workers
employed by successors-in-interest.
Sec. 104. Provision of benefit information to workers.
Sec. 105. Qualifying requirements for workers.
Sec. 106. Modification to trade readjustment allowances.
Sec. 107. Automatic extension of trade readjustment allowances.
Sec. 108. Employment and case management services.
Sec. 109. Training.
Sec. 110. Job search, relocation, and child care allowances.
Sec. 111. Agreements with States.
Sec. 112. Reemployment trade adjustment assistance program.
Sec. 113. Extension of trade adjustment assistance to public agency
workers.
Sec. 114. Definitions.
Sec. 115. Subpoena power.
Sec. 116. Data collection with respect to training.
Sec. 117. Sense of Congress.
TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
Sec. 201. Petitions and determinations.
Sec. 202. Approval of adjustment proposals.
Sec. 203. Technical assistance.
Sec. 204. Annual report on trade adjustment assistance for firms.
Sec. 205. Definitions.
Sec. 206. Plan for outreach to potentially eligible firms.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
Sec. 301. Trade adjustment assistance for communities.
Sec. 302. Community College and Career Training Grant Program.
TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
Sec. 401. Definitions.
Sec. 402. Group eligibility requirements.
Sec. 403. Annual report.
Sec. 404. Benefit information to agricultural commodity producers.
Sec. 405. Qualifying requirements and benefits for agricultural
commodity producers.
TITLE V--OTHER MATTERS
Sec. 501. Extension of trade adjustment assistance program.
Sec. 502. Applicability of trade adjustment assistance provisions.
TITLE VI--HEALTH CARE TAX CREDIT
Sec. 601. Permanent credit for health insurance costs.
SEC. 2. APPLICATION OF PROVISIONS RELATING TO TRADE ADJUSTMENT
ASSISTANCE.
(a) Effective Date; Applicability.--Except as otherwise provided in
this Act, the provisions of chapters 2 through 6 of title II of the
Trade Act of 1974, as in effect on June 30, 2021, and as amended by
this Act, shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to petitions for certification filed
under chapter 2, 3, 4, or 6 of title II of the Trade Act of
1974 on or after such date of enactment.
(b) Reference.--Except as otherwise provided in this Act, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision of chapters 2 through 6 of
title II of the Trade Act of 1974, the reference shall be considered to
be made to a provision of any such chapter, as in effect on June 30,
2021.
(c) Repeal of Snapback.--Section 406 of the Trade Adjustment
Assistance Reauthorization Act of 2015 (Public Law 114-27; 129 Stat.
379) is repealed.
TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
SEC. 101. FILING PETITIONS.
Section 221(a)(1) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1))
is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) One or more workers in the group of workers.''; and
(2) in subparagraph (C)--
(A) by striking ``or a State dislocated worker
unit'' and inserting ``a State dislocated worker
unit''; and
(B) by adding at the end before the period the
following: ``, or workforce intermediaries, including
labor-management organizations that carry out re-
employment and training services''.
SEC. 102. GROUP ELIGIBILITY REQUIREMENTS.
(a) In General.--Section 222(a)(2) of the Trade Act of 1974 (19
U.S.C. 2272(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``or failed to
increase'' after ``absolutely''; and
(B) in clause (iii)--
(i) by striking ``to the decline'' and
inserting ``to any decline or absence of
increase''; and
(ii) by striking ``or'' at the end;
(2) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following:
``(C)(i) the sales or production, or both, of such firm
have decreased;
``(ii)(I) exports of articles produced or services supplied
by such workers' firm have decreased; or
``(II) imports of articles or services necessary for the
production of articles or services supplied by such firm have
decreased; and
``(iii) the decrease in exports or imports described in
clause (ii) contributed to such workers' separation or threat
of separation and to the decline in the sales or production of
such firm.''.
(b) Repeal.--Section 222 of the Trade Act of 1974 (19 U.S.C. 2272)
is amended--
(1) in subsections (a) and (b), by striking ``importantly''
each place it appears; and
(2) in subsection (c)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
(c) Eligibility of Staffed Workers and Teleworkers.--Section 222 of
the Trade Act of 1974 (19 U.S.C. 2272), as amended by subsection (b),
is further amended by adding at the end the following:
``(f) Treatment of Staffed Workers and Teleworkers.--
``(1) In general.--For purposes of subsection (a), workers
in a firm include staffed workers and teleworkers.
``(2) Definitions.--In this subsection:
``(A) Staffed worker.--The term `staffed worker'
means a worker who performs work under the operational
control of a firm that is the subject of a petition
filed under section 221, even if the worker is directly
employed by another firm.
``(B) Teleworker.--The term `teleworker' means a
worker who works remotely but who reports to the
location listed for a firm in a petition filed under
section 221.''.
SEC. 103. APPLICATION OF DETERMINATIONS OF ELIGIBILITY TO WORKERS
EMPLOYED BY SUCCESSORS-IN-INTEREST.
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by
adding at the end the following:
``(f) Treatment of Workers of Successors-in-Interest.--If the
Secretary certifies a group of workers of a firm as eligible to apply
for adjustment assistance under this chapter, a worker of a successor-
in-interest to that firm shall be covered by the certification to the
same extent as a worker of that firm.''.
SEC. 104. PROVISION OF BENEFIT INFORMATION TO WORKERS.
Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is amended--
(1) in subsection (a), by inserting after the second
sentence the following new sentence: ``The Secretary shall make
every effort to provide such information and assistance to
workers in their native language.''; and
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following:
``(2) The Secretary shall provide a second notice to a worker
described in paragraph (1) before the worker has exhausted all rights
to any unemployment insurance to which the worker is entitled (other
than additional compensation described in section 231(a)(3)(B) funded
by a State and not reimbursed from Federal funds).'';
(C) in paragraph (3), as redesignated by paragraph
(1), by inserting ``print or digital'' before
``newspapers''; and
(D) by adding at the end the following:
``(4) For purposes of providing outreach regarding the benefits
available under this chapter to workers covered by a certification made
under this subchapter, the Secretary may take any necessary actions,
including the following:
``(A) Collecting the email addresses and telephone numbers
of such workers from the employers of such workers to provide
outreach to such workers.
``(B) Partnering with the certified or recognized union, a
community-based worker organization, or other duly authorized
representatives of such workers.
``(C) Hiring peer support workers to perform outreach to
other workers covered by that certification.
``(D) Using advertising methods and public information
campaigns, including social media, in addition to notice
published in print or digital newspapers under paragraph
(3).''.
SEC. 105. QUALIFYING REQUIREMENTS FOR WORKERS.
(a) Modification of Conditions.--
(1) In general.--Section 231(a) of the Trade Act of 1974
(19 U.S.C. 2291(a)) is amended--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively; and
(C) in paragraph (4) (as redesignated), by striking
``paragraphs (1) and (2)'' each place it appears and
inserting ``paragraph (1)''.
(2) Conforming amendments.--(A) Section 232 of the Trade
Act of 1974 (19 U.S.C. 2292) is amended by striking ``section
231(a)(3)(B)'' each place it appears and inserting ``section
231(a)(2)(B)''.
(B) Section 233(a) of the Trade Act of 1974 (19 U.S.C.
2293(a)) is amended--
(i) in paragraph (1), by striking ``section
231(a)(3)(A)'' and inserting ``section 231(a)(2)(A)'';
and
(ii) in paragraph (2)--
(I) by striking ``adversely affected
employment'' and all that follows through ``(A)
within'' and inserting ``adversely affected
employment within'';
(II) by striking ``, and'' and inserting a
period; and
(III) by striking subparagraph (B).
(b) Waivers of Training Requirements.--Section 231(c)(1) of the
Trade Act of 1974 (19 U.S.C. 2291(c)(1)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting before subparagraph (D) (as redesignated)
the following:
``(A) Recall.--The worker has been notified that
the worker will be recalled by the firm from which the
separation occurred.
``(B) Marketable skills.--The worker possesses
marketable skills for suitable employment (as
determined pursuant to an assessment of the worker,
which may include the profiling system under section
303(j) of the Social Security Act (42 U.S.C. 503(j)),
carried out in accordance with guidelines issued by the
Secretary) and there is a reasonable expectation of
employment at equivalent wages in the foreseeable
future.
``(C) Retirement.--The worker is within 2 years of
meeting all requirements for entitlement to either--
``(i) old-age insurance benefits under
title II of the Social Security Act (42 U.S.C.
401 et seq.) (except for application therefor);
or
``(ii) a private pension sponsored by an
employer or labor organization.''.
SEC. 106. MODIFICATION TO TRADE READJUSTMENT ALLOWANCES.
(a) Payment To Complete Training.--Section 233 of the Trade Act of
1974 (19 U.S.C. 2293) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting after ``104-week
period'' the following: ``(or, in the case of an
adversely affected worker who requires a program of
prerequisite education or remedial education (as
described in section 236(a)(5)(D)) in order to complete
training approved for the worker under section 236, the
130-week period)'';
(B) in paragraph (3), by striking ``65 additional
weeks in the 78-week period'' and inserting ``78
additional weeks in the 91-week period''; and
(C) in the flush text, by striking ``78-week
period'' and inserting ``91-week period''; and
(2) by amending subsection (f) to read as follows:
``(f) Payment of Trade Readjustment Allowances To Complete
Training.--Notwithstanding any other provision of this section, in
order to assist an adversely affected worker to complete training
approved for the worker under section 236 that includes a program of
prerequisite education or remedial education (as described in section
236(a)(5)(D)), and in accordance with regulations prescribed by the
Secretary, payments may be made as trade readjustment allowances for up
to 26 additional weeks in the 26-week period that follows the last week
of entitlement to trade readjustment allowances otherwise payable under
this chapter.''.
(b) Payment to Workers in On-the-Job Training, Customized Training,
or Apprenticeship Programs.--Section 233(d) of the Trade Act of 1974
(19 U.S.C. 2293(d)) is amended to read as follows:
``(d) Payment to Workers in On-the-Job Training, Customized
Training, or Apprenticeship Programs.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of this chapter, a trade
readjustment allowance may be paid under this part to an
adversely affected worker for any week during which the worker
is receiving on-the-job training or customized training, or is
participating in a registered apprenticeship program, under
section 236.
``(2) Income limitation.--The Secretary shall reduce the
amount of the trade readjustment allowance otherwise payable to
a worker under paragraph (1) to ensure that the sum of the
income of the worker from the on-the-job training, customized
training, or apprenticeship program described in that paragraph
and the trade readjustment allowance paid to the worker under
that paragraph does not exceed $70,000 during a year.
``(3) Adjustment of income limitation for inflation.--
``(A) In general.--The Secretary of Labor shall
adjust the income limitation under paragraph (2) on
October 1, 2021, and at the beginning of each fiscal
year thereafter, to reflect the percentage (if any) of
the increase in the average of the Consumer Price Index
for the preceding 12-month period compared to the
Consumer Price Index for fiscal year 2020.
``(B) Special rules for calculation of
adjustment.--In making an adjustment under subparagraph
(A), the Secretary--
``(i) shall round the amount of any
increase in the Consumer Price Index to the
nearest dollar; and
``(ii) may ignore any such increase of less
than 1 percent.
``(C) Consumer price index defined.--For purposes
of this paragraph, the term `Consumer Price Index'
means the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor.''.
SEC. 107. AUTOMATIC EXTENSION OF TRADE READJUSTMENT ALLOWANCES.
(a) In General.--Part I of subchapter B of chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2291 et seq.) is amended by inserting
after section 233 the following new section:
``SEC. 233A. AUTOMATIC EXTENSION OF TRADE READJUSTMENT ALLOWANCES.
``(a) In General.--Notwithstanding the limitations under section
233(a), the Secretary shall extend the period during which trade
readjustment allowances are payable to an adversely affected worker who
completes training approved under section 236 by the Secretary during a
period of heightened unemployment with respect to the State in which
such 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 only be eligible for an
extension under subsection (a) if the worker is complying with the job
search requirements associated with unemployment insurance in the
applicable State.
``(c) Period of Heightened Unemployment Defined.--In this section,
the term `period of heightened unemployment' with respect to a State
means a 90-day period during which, in the determination of the
Secretary, either of the following average rates equals or exceeds 5.5
percent:
``(1) The average rate of total unemployment in such State
(seasonally adjusted) for the period consisting of the most
recent 90 days for which data for all States are published
before the close of such period.
``(2) The average rate of total unemployment in all States
(seasonally adjusted) for the period consisting of the most
recent 90 days for which data for all States are published
before the close of such period.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by inserting after the item relating to section 233 the
following:
``Sec. 233A. Automatic extension of trade readjustment allowances.''.
SEC. 108. EMPLOYMENT AND CASE MANAGEMENT SERVICES.
Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended--
(1) in paragraph (3)--
(A) by inserting after ``regional areas'' the
following: ``(including information about registered
apprenticeship programs, on-the-job training
opportunities, and other work-based learning
opportunities)''; and
(B) by inserting after ``suitable training'' the
following: ``, information regarding the track record
of a training provider's ability to successfully place
participants into suitable employment'';
(2) by redesignating paragraph (8) as paragraph (9); and
(3) by inserting after paragraph (7) the following:
``(8) Information related to direct job placement,
including facilitating the extent to which employers within the
community commit to employing workers who would benefit from
the employment and case management services under this
section.''.
SEC. 109. TRAINING.
Section 236(a) of the Trade Act of 1974 (19 U.S.C. 2296(a)) is
amended--
(1) in paragraph (1)(D), by inserting ``, with a
demonstrated ability to place participants into employment''
before the comma at the end;
(2) by striking paragraph (3);
(3) by redesignating paragraphs (4) through (11) as
paragraphs (3) through (10), respectively;
(4) in paragraph (4) (as redesignated)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (10)'' and inserting ``paragraph
(9)'';
(B) in subparagraph (F), by striking ``paragraph
(7)'' and inserting ``paragraph (6)'';
(C) in subparagraph (G), by striking ``, and'' and
inserting a comma;
(D) in subparagraph (H)(ii), by striking the period
at the end and inserting ``, and''; and
(E) by adding at the end before the flush text the
following:
``(I) pre-apprenticeship training.''; and
(5) in paragraph (9) (as redesignated)--
(A) in subparagraph (A), by striking ``paragraph
(5)(A)(i)'' and inserting ``paragraph (4)(A)(i)''; and
(B) in subparagraph (B), by striking ``paragraph
(5)(A)(ii)'' and inserting ``paragraph (4)(A)(ii)''.
SEC. 110. JOB SEARCH, RELOCATION, AND CHILD CARE ALLOWANCES.
(a) Job Search Allowances.--Section 237 of the Trade Act of 1974
(19 U.S.C. 2297) is amended--
(1) in subsection (a)(1), by striking ``may use funds made
available to the State to carry out sections 235 through 238''
and inserting ``shall use, from funds made available to the
State to carry out sections 235 through 238A, such amounts as
may be necessary'';
(2) in subsection (a)(2), in the matter preceding
subparagraph (A), by striking ``may grant'' and inserting
``shall grant''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``not more than
90 percent'' and inserting ``100 percent'';
(B) in paragraph (2), by striking ``$1,250'' and
inserting ``$2,000 (subject to adjustment under
paragraph (4))''; and
(C) by adding at the end the following:
``(4) Adjustment of maximum allowance limitation for
inflation.--
``(A) In general.--The Secretary of Labor shall
adjust the maximum allowance limitation under paragraph
(2) on October 1, 2021, and at the beginning of each
fiscal year thereafter, to reflect the percentage (if
any) of the increase in the average of the Consumer
Price Index for the preceding 12-month period compared
to the Consumer Price Index for fiscal year 2020.
``(B) Special rules for calculation of
adjustment.--In making an adjustment under subparagraph
(A), the Secretary--
``(i) shall round the amount of any
increase in the Consumer Price Index to the
nearest dollar; and
``(ii) may ignore any such increase of less
than 1 percent.
``(C) Consumer price index defined.--For purposes
of this paragraph, the term `Consumer Price Index'
means the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor.''.
(b) Relocation Allowances.--Section 238 of the Trade Act of 1974
(19 U.S.C. 2298) is amended--
(1) in subsection (a)(1), by striking ``may use funds made
available to the State to carry out sections 235 through 238''
and inserting ``shall use, from funds made available to the
State to carry out sections 235 through 238A, such amounts as
may be necessary'';
(2) in subsection (a)(2), in the matter preceding
subparagraph (A), by striking ``may be granted'' and inserting
``shall be granted'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``not more than
90 percent'' and inserting ``100 percent''; and
(B) in paragraph (2), by striking ``$1,250'' and
inserting ``$2,000 (subject to adjustment under
subsection (d))''; and
(4) by adding at the end the following:
``(d) Adjustment of Maximum Payment Limitation for Inflation.--
``(1) In general.--The Secretary of Labor shall adjust the
maximum payment limitation under subsection (b)(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.
``(2) Special rules for calculation of adjustment.--In
making an adjustment under paragraph (1), the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1
percent.
``(3) Consumer price index defined.--For purposes of this
subsection, the term `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.''.
(c) Child Care Allowances.--
(1) In general.--Part II of subchapter B of chapter 2 of
title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is
amended by adding at the end the following:
``SEC. 238A. CHILD CARE ALLOWANCES.
``(a) Child Care Allowances Authorized.--
``(1) In general.--Each State shall use, from funds made
available to the State to carry out sections 235 through 238A,
such amounts as may be necessary to allow an adversely affected
worker covered by a certification issued under subchapter A of
this chapter to file an application for a child care allowance
with the Secretary, and the Secretary may grant the child care
allowance, subject to the terms and conditions of this section.
``(2) Conditions for granting allowance.--A child care
allowance shall be granted if the allowance will assist an
adversely affected worker to attend training or seek suitable
employment, by providing for the care of one or more of the
minor dependents of the worker.
``(b) Amount of Allowance.--Any child care allowance granted to a
worker under subsection (a) shall not exceed $2,000 per minor dependent
per year.
``(c) Adjustment of Maximum Allowance Limitation for Inflation.--
``(1) In general.--The Secretary of Labor shall adjust the
maximum allowance limitation under subsection (b) 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.
``(2) Special rules for calculation of adjustment.--In
making an adjustment under paragraph (1), the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1
percent.
``(3) Consumer price index defined.--For purposes of this
subsection, the term `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.''.
(2) Conforming amendments.--
(A) Limitations on administrative expenses and
employment and case management services.--Section 235A
of the Trade Act of 1974 (19 U.S.C. 2295a) is amended
in the matter preceding paragraph (1) by striking
``through 238'' and inserting ``through 238A''.
(B) Training.--Section 236(a)(2) of the Trade Act
of 1974 (19 U.S.C. 2296(a)(2)) is amended--
(i) in subparagraph (A), by striking ``and
238'' and inserting ``238, and 238A'';
(ii) in subparagraph (B), by striking ``and
238'' each place it appears and inserting
``238, and 238A'';
(iii) in subparagraph (C)(i), by striking
``and 238'' and inserting ``238, and 238A'';
(iv) in subparagraph (C)(v), by striking
``and 238'' and inserting ``238, and 238A'';
and
(v) in subparagraph (E), by striking ``and
238'' each place it appears and inserting
``238, and 238A''.
(C) Collection and publication of data.--Section
249B(b)(6) of the Trade Act of 1974 (19 U.S.C.
2323(b)(6)) is amended by striking ``through 238'' each
place it appears and inserting ``through 238A''.
(3) Clerical amendment.--The table of contents for the
Trade Act of 1974 is amended by adding after the item relating
to section 238 the following new item:
``Sec. 238A. Child care allowances.''.
SEC. 111. AGREEMENTS WITH STATES.
(a) Coordination.--Section 239(f) of the Trade Act of 1974 (19
U.S.C. 2311(f)) is amended--
(1) by striking ``(f) Any agreement'' and inserting the
following:
``(f)(1) Any agreement''; and
(2) by adding at the end the following:
``(2) Each cooperating State agency shall arrange for training
programs to be carried out by entities that--
``(A) have a proven track record in achieving a
satisfactory rate of completion and placement in jobs that
provides a living wage, basic benefits that increase economic
security, and develop the skills, networks, and experiences
necessary to advance along a career path;
``(B) work to assist workers from underserved communities
to establish a work history, demonstrate success in the
workplace, and develop the skills that lead to entry into and
retention in unsubsidized employment;
``(C) facilitate joint cooperation between representatives
of workers, employers, and communities, especially in
underserved rural and urban regions, to ensure a fair and
engaging workplace that balances the priorities and well-being
of workers with the needs of businesses; and
``(D) have a proven track record in adequately serving
individuals who face the greatest barriers to employment,
including people with low incomes, people of color, immigrants,
and formerly incarcerated individuals.
``(3) Each cooperating State agency shall seek, including through
agreements and training programs described in this subsection, to
ensure the reemployment of adversely affected workers upon completion
of training as described in section 236.''.
(b) Administration.--
(1) In general.--Section 239(g) of the Trade Act of 1974
(19 U.S.C. 2311(g)) is amended--
(A) by redesignating--
(i) paragraphs (1) through (4) as
paragraphs (3) through (6), respectively; and
(ii) paragraph (5) as paragraph (8);
(B) by inserting before paragraph (3) (as
redesignated) 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 redesignated), by striking
``who applies for unemployment insurance of'' and
inserting ``identified under paragraph (1) of
unemployment insurance benefits and'';
(D) in paragraph (4) (as redesignated), by
inserting ``and assist with'' after ``facilitate'';
(E) in paragraph (6) (as redesignated), by striking
``and'' at the end;
(F) by inserting after paragraph (6) (as
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 redesignated), by striking
``funds provided to carry out this chapter are
insufficient to make such services available, make
arrangements to make such services available through
other Federal programs'' and inserting ``support
services are needed beyond what this chapter can
provide, make arrangements to coordinate such services
available through other Federal programs''; and
(H) by adding at the end the following:
``(9) develop a strategy to engage with local workforce
development institutions, including local community colleges
and other educational institutions, and
``(10) develop a comprehensive strategy to provide agency
staffing to support the requirements of paragraphs (1) through
(9).''.
(2) Limitations on administrative expenses and employment
and case management services.--Section 235A of the Trade Act of
1974 (19 U.S.C. 2295a) is amended--
(A) by striking ``Of the funds'' and inserting
``(a) In General.--Of the funds''; and
(B) by adding at the end the following:
``(b) Clarification.--Activities described in paragraphs (1)
through (9) of section 239(g) shall not be considered to be activities
relating to the administration of the trade adjustment assistance for
workers program for purposes of the limitation on administrative
expenses under subsection (a)(1).''.
(c) Performance Measures.--Section 239(j)(2) of the Trade Act of
1974 (19 U.S.C. 2311(j)(2)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Additional indicators and analytics.--The
Secretary and a cooperating State or cooperating State
agency--
``(i) shall conduct a comparative analysis
between the median earnings of workers
described in subparagraph (A)(i)(I) and the
distributions of earnings across the workforce
in the affected economic region; and
``(ii) may agree upon additional indicators
of performance for the trade adjustment
assistance program under this chapter, as
appropriate.''; and
(2) by adding at the end the following:
``(C) Dashboard.--The Secretary shall require each
cooperating State and cooperating State agency to
perform workforce analytics for the purpose of creating
a dashboard that includes different measures of job
quality for reemployment and training activities
provided under this chapter.''.
(d) Staffing.--Section 239 of the Trade Act of 1974 (19 U.S.C.
2311) is amended by striking subsection (k) and inserting the
following:
``(k) Staffing.--An agreement entered into under this section shall
provide that the cooperating State or cooperating State agency shall
require that any individual engaged in functions to carry out the trade
adjustment assistance program under this chapter shall be a State
employee covered by a merit system of personnel administration.''.
SEC. 112. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.
Section 246(a) of the Trade Act of 1974 (19 U.S.C. 2318(a)) is
amended--
(1) in paragraph (3)(B)(ii), by striking ``$50,000'' and
inserting ``$70,000 (subject to adjustment under paragraph
(8))'';
(2) in paragraph (4)(A), by striking ``the earlier of'' and
all that follows and inserting ``the date on which the worker
obtains reemployment described in paragraph (3)(B).'';
(3) in paragraph (5)(B)(i), by striking ``$10,000'' and
inserting ``$20,000 (subject to adjustment under paragraph
(8))''; and
(4) by adding at the end the following:
``(8) Adjustment of salary limitation and total amount of
payments for inflation.--
``(A) In general.--The Secretary of Labor shall
adjust the salary limitation under paragraph (3)(B)(ii)
and the amount under paragraph (5)(B)(i) on October 1,
2021, and at the beginning of each fiscal year
thereafter, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for
the preceding 12-month period compared to the Consumer
Price Index for fiscal year 2020.
``(B) Special rules for calculation of
adjustment.--In making an adjustment under subparagraph
(A), the Secretary--
``(i) shall round the amount of any
increase in the Consumer Price Index to the
nearest dollar; and
``(ii) may ignore any such increase of less
than 1 percent.
``(C) Consumer price index defined.--For purposes
of this paragraph, the term `Consumer Price Index'
means the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor.''.
SEC. 113. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO PUBLIC AGENCY
WORKERS.
(a) Definitions.--Section 247 of the Trade Act of 1974 (19 U.S.C.
2319) is amended--
(1) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``The'' and inserting ``Subject to section
222(d)(5), the''; and
(B) in subparagraph (A), by striking ``or service
sector firm'' and inserting ``, service sector firm, or
public agency''; and
(2) by adding at the end the following:
``(20) The term `public agency' means a department or
agency of a State or local government or of the Federal
Government.''.
(b) Group Eligibility Requirements.--Section 222 of the Trade Act
of 1974 (19 U.S.C. 2272), as amended by subsections (b) and (c) of
section 102, is further amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Adversely Affected Workers in Public Agencies.--A group of
workers in a public agency shall be certified by the Secretary as
eligible to apply for adjustment assistance under this chapter pursuant
to a petition filed under section 221 if the Secretary determines
that--
``(1) a significant number or proportion of the workers in
the public agency have become totally or partially separated,
or are threatened to become totally or partially separated;
``(2) the public agency has acquired from a foreign country
services like or directly competitive with services which are
supplied by such agency; and
``(3) the acquisition of services described in paragraph
(2) contributed to such workers' separation or threat of
separation.'';
(3) in subsection (d) (as redesignated), by adding at the
end the following:
``(5) Reference to firm.--For purposes of subsections (a)
and (b), the term `firm' does not include a public agency.'';
and
(4) in paragraph (2) of subsection (e) (as redesignated),
by striking ``subsection (a) or (b)'' and inserting
``subsection (a), (b), or (c)''.
SEC. 114. DEFINITIONS.
(a) Extension of Adjustment Assistance for Workers to
Territories.--Section 247(7) of the Trade Act of 1974 (19 U.S.C.
2319(7)) is amended--
(1) by inserting ``, Guam, the Virgin Islands of the United
States, American Samoa, the Commonwealth of the Northern
Mariana Islands,'' after ``District of Columbia''; and
(2) by striking ``such Commonwealth.'' and inserting ``such
territories.''.
(b) Underserved Community.--Section 247 of the Trade Act of 1974
(19 U.S.C. 2319), as amended by section 113(a), is further amended by
adding at the end the following:
``(21) The term `underserved community' means a community
with populations sharing a particular characteristic that have
been systematically denied a full opportunity to participate in
aspects of economic, social, or civic life, such as Black,
Latino, and Indigenous and Native American persons, Asian
Americans and Pacific Islanders, other persons of color, and
other populations otherwise adversely affected by persistent
poverty or inequality.''.
SEC. 115. SUBPOENA POWER.
Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended--
(1) in subsection (a), by adding at the end the following:
``The authority under the preceding sentence includes the
authority of States to require, by subpoena, a firm to provide
information on workers employed by, or totally or partially
separated from, the firm that is necessary to make a
determination under this chapter or to provide outreach to
workers, including the names and address of workers.''; and
(2) by adding at the end the following:
``(c) Enforcement of Subpoenas by States.--A State may enforce
compliance with a subpoena issued under subsection (a)--
``(1) as provided for under State law; and
``(2) by petitioning an appropriate United States district
court for an order requiring compliance with the subpoena.''.
SEC. 116. DATA COLLECTION WITH RESPECT TO TRAINING.
Section 249B of the Trade Act of 1974 (19 U.S.C. 2323) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by adding at the
end before the period the following: ``, and
the relevant demographic information (including
race, ethnicity, gender, income level, and age)
regarding such workers''; and
(ii) in subparagraph (C)--
(I) by redesignating clauses (i)
and (ii) as clauses (ii) and (iii),
respectively; and
(II) by inserting before clause
(ii), as so redesignated, the
following:
``(i) the country or countries in which
increased imports, shifts in production, and
other bases of eligibilities under section 222
originated;'';
(B) in paragraph (4)(B), by inserting ``training
provider,'' after ``age,''; and
(C) by adding at the end the following:
``(7) Data on individual petitions.--
``(A) In general.--The following information with
respect to each petition filed under this chapter:
``(i) The petition number.
``(ii) The names of the petitioner, firm,
and certified or recognized union or other duly
authorized representatives of the group of
workers.
``(iii) The names of the city and State in
which the firm is located.
``(iv) A description of the articles
produced or services supplied by the firm.
``(v) The classification of the firm under
the North American Industry Classification
System or the Standard Industrial
Classification.
``(vi) The relevant demographic information
(including race, ethnicity, gender, income
level, and age) regarding the workers.
``(vii) The determination of the Secretary
to certify or deny the petition, including the
basis for the determination.
``(viii) If the petition was certified--
``(I) the country or countries in
which increased imports, shifts in
production, or other bases of
eligibilities under section 222
originated; and
``(II) the number of workers
covered by the petition, the number of
workers who received benefits, and the
median earnings of workers upon
completion of training or receiving
other benefits under this chapter.
``(B) Format.--The data collected and reported
under this paragraph shall be made available to the
public, in a searchable format by each type of
information required by clauses (i) through (vii), with
an option to receive search results in an electronic
spreadsheet format.''; and
(2) in subsection (d)--
(A) in paragraph (2), by striking ``and'' at the
end;
(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''.
SEC. 117. SENSE OF CONGRESS.
It is the sense of Congress that, in administering the trade
adjustment assistance program under chapter 2 of title II of the Trade
Act of 1974 (19 U.S.C. 2271 et seq.), a State should--
(1) prioritize providing training that leads to employment
outcomes that replace 100 percent of an adversely affected
worker's wages;
(2) steer workers toward training that leads to a livable
wage and sustainable employment; and
(3) prioritize assistance for underserved communities to
promote equitable and inclusive economic benefits for all
workers.
TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
SEC. 201. PETITIONS AND DETERMINATIONS.
Section 251 of the Trade Act of 1974 (19 U.S.C. 2341) is amended--
(1) in the second sentence of subsection (a), by striking
``Upon'' and inserting ``Not later than 5 days after'';
(2) by amending subsection (c) to read as follows:
``(c)(1) The Secretary shall certify a firm (including any
agricultural firm or service sector firm) as eligible to apply for
adjustment assistance under this chapter if the Secretary determines--
``(A)(i) that a significant number or proportion of the
workers in such firm have become totally or partially
separated, or are threatened to become totally or partially
separated, or
``(ii) that--
``(I) sales or production, or both, of the firm
have decreased absolutely or failed to increase,
``(II) sales or production, or both, of an article
or service that accounted for not less than 25 percent
of the total sales or production of the firm during the
12-month period preceding the most recent 12-month
period for which date are available have decreased
absolutely or failed to increase,
``(III) sales or production, or both, of the firm
during the most recent 12-month period for which data
are available have decreased or failed to increase
compared to--
``(aa) the average annual sales or
production for the firm during the 24-month
period preceding that 12-month period, or
``(bb) the average annual sales or
production for the firm during the 36-month
period preceding that 12-month period, and
``(IV) sales or production, or both, of an article
or service that accounted for not less than 25 percent
of the total sales or production of the firm during the
most recent 12-month period for which data are
available have decreased or failed to increase compared
to--
``(aa) the average annual sales or
production for the article or service during
the 24-month period preceding that 12-month
period, or
``(bb) the average annual sales or
production for the article or service during
the 36-month period preceding that 12-month
period, and
``(B)(i) increases of imports of articles or services like
or directly competitive with articles which are produced or
services which are supplied by such firm contributed to such
total or partial separation, or threat thereof, and to such
decline or failure to increase in sales or production, or
``(ii) decreases in exports of articles produced or
services supplied by such firm, or imports of articles or
services necessary for the production of articles or services
supplied by such firm, contributed to such total or partial
separation, or threat thereof, and to such decline in sales or
production.
``(2) For purposes of paragraph (1)(B):
``(A) Any firm which engages in exploration or drilling for
oil or natural gas shall be considered to be a firm producing
oil or natural gas.
``(B) Any firm that engages in exploration or drilling for
oil or natural gas, or otherwise produces oil or natural gas,
shall be considered to be producing articles directly
competitive with imports of oil and with imports of natural
gas.''; and
(3) in subsection (d)--
(A) by striking ``this section,'' and inserting
``this section.''; and
(B) by striking ``but in any event'' and all that
follows and inserting the following: ``If the Secretary
does not make a determination with respect to a
petition within 55 days after the date on which an
investigation is initiated under subsection (a) with
respect to the petition, the Secretary shall be deemed
to have certified the firm as eligible to apply for
adjustment assistance under this chapter.''.
SEC. 202. APPROVAL OF ADJUSTMENT PROPOSALS.
Section 252 of the Trade Act of 1974 (19 U.S.C. 2342) is amended--
(1) in subsection (a), by adding at the end before the
period the following: ``and an assessment of the potential
employment outcomes of such proposal''; and
(2) in subsection (b), by striking ``gives adequate
consideration to'' and inserting ``is in''.
SEC. 203. TECHNICAL ASSISTANCE.
Section 253 of the Trade Act of 1974 (19 U.S.C. 2343) is amended--
(1) in subsection (a)(3), by adding at the end before the
period the following: ``, including assistance to provide
skills training programs to employees of the firm''; and
(2) by adding at the end the following:
``(c) Amount of Assistance.--
``(1) In general.--A firm may receive technical assistance
under this chapter with respect to the firm's economic
adjustment proposal in an amount not to exceed $300,000,
subject to adjustment under paragraph (2).
``(2) Adjustment of salary limitation for inflation.--
``(A) In general.--The Secretary of Commerce shall
adjust the technical assistance limitation under
paragraph (1) on October 1, 2021, and at the beginning
of each fiscal year thereafter, to reflect the
percentage (if any) of the increase in the average of
the Consumer Price Index for the preceding 12-month
period compared to the Consumer Price Index for fiscal
year 2020.
``(B) Special rules for calculation of
adjustment.--In making an adjustment under subparagraph
(A), the Secretary--
``(i) shall round the amount of any
increase in the Consumer Price Index to the
nearest dollar; and
``(ii) may ignore any such increase of less
than 1 percent.
``(C) Consumer price index defined.--For purposes
of this paragraph, the term `Consumer Price Index'
means the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor.''.
SEC. 204. ANNUAL REPORT ON TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.
Section 255A(a) of the Trade Act of 1974 (19 U.S.C. 2345a(a)) is
amended--
(1) in paragraphs (11) and (12) by inserting ``wages,''
before ``and productivity'' each place it appears; and
(2) by adding at the end the following:
``(20) The demographic information of firm ownership of
firms that inquired, applied, or were approved for the program,
including whether the firm is owned by individuals from
underserved communities.
``(21) The demographic information of employees from firms
that inquired, applied, or were approved for the program,
including whether those employees are from underserved
communities.''.
SEC. 205. DEFINITIONS.
Section 259 of the Trade Act of 1974 (19 U.S.C. 2351) is amended by
adding at the end the following:
``(3) Underserved community.--The term `underserved
community' has the meaning given that term in section 247.''.
SEC. 206. PLAN FOR OUTREACH TO POTENTIALLY ELIGIBLE FIRMS.
Chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et
seq.) is amended by adding at the end the following:
``SEC. 263. PLAN FOR OUTREACH TO POTENTIALLY ELIGIBLE FIRMS.
``(a) In General.--The Secretary shall develop a plan to provide
outreach to firms that may be eligible for adjustment assistance under
this chapter.
``(b) Matters To Be Included.--The plan required by paragraph (1)
shall include the following:
``(1) Outreach to the United States International Trade
Commission and to such firms in industries with increased
imports identified in the Commission's annual report regarding
the operation of the trade agreements program under section
163(c).
``(2) Outreach to such firms in the service sector.
``(3) Coordination with the Small Business Administration
to identify such firms that are small businesses.
``(4) Outreach to such firms that are minority- or women-
owned firms.
``(5) Outreach to such firms that employ a majority or a
substantial percentage of workers from underserved communities.
``(c) Updates.--The Secretary shall update the plan required under
this section on an annual basis.
``(d) Submission to Congress.--The Secretary shall submit the plan
and each update to the plan required under this section to Congress.''.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
SEC. 301. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.
(a) Purpose.--The purpose of this section and the amendments made
by this section is to provide assistance to communities impacted by
trade through--
(1) the coordination of Federal, State, regional, and local
resources;
(2) the creation of community-based development strategies;
and
(3) the development and provision of programs that meet the
training needs of workers covered by certifications under
section 223 of the Trade Act of 1974 (19 U.S.C. 2273) (as
amended by section 103).
(b) In General.--Chapter 4 of title II of the Trade Act of 1974 (19
U.S.C. 2371 et seq.) is amended--
(1) by inserting after the chapter heading the following:
``Subchapter B--Community College and Career Training Grant Program'';
(2) by redesignating sections 271 and 272 as sections 279
and 279A, respectively; and
(3) by inserting before subchapter B (as designated by
paragraph (1)) the following:
``Subchapter A--Trade Adjustment Assistance for Communities
``SEC. 271. DEFINITIONS.
``In this subchapter:
``(1) Agricultural commodity producer.--The term
`agricultural commodity producer' has the meaning given that
term in section 291.
``(2) Community.--The term `community' means a city,
county, or other political subdivision of a State or a
consortium of political subdivisions of a State.
``(3) Eligible community.--The term `eligible community'
means a community that the Secretary has determined under
section 273(b)(1) is eligible to apply for assistance under
this subchapter.
``(4) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(5) Underserved community.--The term `underserved
community' has the meaning given that term in section 247.
``SEC. 272. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE FOR
COMMUNITIES PROGRAM.
``The Secretary, acting through the Assistant Secretary for
Economic Development, shall, not later than 90 days after the date of
the enactment of this subchapter, establish a program to provide
communities impacted by trade with assistance in accordance with the
requirements of this subchapter.
``SEC. 273. ELIGIBILITY; NOTIFICATION.
``(a) Petition.--
``(1) In general.--Except as provided in paragraph (2), a
community may submit to the Secretary a petition for a
determination under subsection (b)(1) that the community is
eligible to apply for assistance under this subchapter if--
``(A) on or after the date of the enactment of this
subchapter, one or more certifications described in
paragraph (3) of subsection (b) are made with respect
to the community; and
``(B) the community submits the petition not later
than 180 days after the date on which the most recent
such certification is made.
``(2) Special rule.--In the case of a community with
respect to which one or more certifications described in
paragraph (3) of subsection (b) were made on or after January
1, 1994, and before the date of the enactment of this
subchapter, the community may, not later than December 31,
2022, submit to the Secretary a petition for a determination
under subsection (b)(1) that the community is eligible to apply
for assistance under this subchapter.
``(3) Notification of eligibility.--If one or more
certifications described in paragraph (3) of subsection (b) are
made with respect to a community, the Secretary shall,
concurrently with each such certification, notify the community
and the Governor of the State in which the community is located
of the ability of the community--
``(A) to submit to the Secretary a petition under
this subsection; and
``(B) to receive technical assistance under
paragraph (4) in developing the petition.
``(4) Technical assistance.--The Secretary shall, subject
to the availability of appropriations, offer assistance in
preparing a petition under this subsection to any community
that requests such assistance.
``(b) Affirmative Determination.--
``(1) In general.--The Secretary shall make a determination
that a community is eligible to apply for assistance under this
subchapter if the Secretary determines that the community is a
community impacted by trade in accordance with paragraph (2).
``(2) Community impacted by trade.--A community is a
community impacted by trade if--
``(A) one or more certifications described in
paragraph (3) are made with respect to the community;
and
``(B) the community--
``(i) has a per capita income of 80 percent
or less of the national average;
``(ii) has a history of economic distress
and long-term unemployment, as determined by
the Secretary; or
``(iii) is significantly affected by the
threat to, or the loss of, jobs associated with
any such certification, as determined by the
Secretary.
``(3) Certification described.--A certification described
in this paragraph is a certification--
``(A) by the Secretary of Labor that a group of
workers located in the community is eligible to apply
for assistance under section 223;
``(B) by the Secretary of Commerce that a firm
located in the community is eligible to apply for
adjustment assistance under section 251; or
``(C) by the Secretary of Agriculture that a group
of agricultural commodity producers located in the
community is eligible to apply for adjustment
assistance under section 293.
``(c) Notification to Community.--Upon making a determination under
subsection (b)(1) that a community is eligible to apply for assistance
under this subchapter, the Secretary shall promptly notify the
community and the Governor of the State in which the community is
located--
``(1) of the determination;
``(2) of the applicable provisions of this subchapter,
including of the means for obtaining assistance under this
subchapter;
``(3) of the means for obtaining assistance that may be
available to the community under other provisions of law; and
``(4) of the availability to the community of technical
assistance under subsection (a) (4) in developing its petition
for assistance under this subchapter.
``SEC. 274. GRANTS TO ELIGIBLE COMMUNITIES.
``(a) In General.--The Secretary shall, subject to the availability
of appropriations, award a grant under this section to an eligible
community to assist the community in carrying out projects included in
a strategic plan developed by the community under section 275.
``(b) Application.--
``(1) In general.--An eligible community seeking to receive
a grant under this section shall submit to the Secretary an
application that contains--
``(A) the strategic plan developed by the community
under section 275 that is approved by the Secretary
under such section; and
``(B) a description of the projects included in the
strategic plan.
``(2) Coordination.--If an eligible institution (as such
term is defined in section 279) located in an eligible
community is seeking a grant under section 279 at the same time
the community is seeking a grant under this section--
``(A) the Secretary, upon receipt of such
information from the Secretary of Labor as required
under section 279(e), shall notify the community that
the institution is seeking a grant under section 279;
and
``(B) the community shall include in the
application to be submitted under this subsection, in
coordination with the institution, a description of how
the community will integrate projects included in the
strategic plan with the specific project for which the
institution submits the grant proposal under section
279.
``(c) Limitation.--The total amount of grants awarded to an
eligible community under this section for each of the fiscal years 2022
through 2026 may not exceed $25,000,000.
``(d) Priority.--The Secretary shall, in awarding grants under this
section, give priority to eligible communities that have a history of
economic distress and long-term unemployment, as determined by the
Secretary.
``(e) Geographic Diversity.--
``(1) In general.--The Secretary shall, in awarding grants
under this section, ensure that grants are provided to
communities from geographically diverse areas.
``(2) Geographic region requirement.--The Secretary shall,
in meeting the requirement under paragraph (1), award a grant
under this section for each of the fiscal years 2022 through
2026 to at least one community located in each geographic
region for which regional offices of the Economic Development
Administration of the Department of Commerce are responsible.
``(f) Report by Eligible Community.--
``(1) In general.--The Secretary shall require an eligible
community that receives a grant under this section to submit to
the Secretary a report that describes how funding under the
grant is being allocated and implemented in furtherance of
projects included in the strategic plan developed by the
community under section 275.
``(2) Timing.--The report required by this subsection shall
be submitted not later than 180 days after the eligible
community initiates projects included in its strategic plan and
every 180 days thereafter during the period in which the
community is carrying out such projects.
``(g) Report by Secretary.--Not later than March 1, 2023, and
annually thereafter for four years, the Secretary shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate for the preceding fiscal year a
report describing--
``(1) each grant awarded under this section to an eligible
community; and
``(2) the impact of such grant on the community, including
the information contained in the reports submitted to the
Secretary under subsection (e).
``SEC. 275. STRATEGIC PLANS.
``(a) In General.--An eligible community that seeks to receive a
grant under section 274 shall develop a strategic plan to achieve
economic adjustment to the impact of trade in accordance with the
requirements of this section.
``(b) Consultation.--
``(1) In general.--To the extent practicable, an eligible
community shall consult with the entities described in
paragraph (2) in developing the strategic plan.
``(2) Entities described.--The entities described in this
paragraph are public and private entities located in or serving
the eligible community, including--
``(A) local, county, or State government agencies;
``(B) firms, including small- and medium-sized
firms;
``(C) local workforce investment boards;
``(D) labor organizations, including State labor
federations and labor-management initiatives,
representing workers in the community;
``(E) educational institutions, local educational
agencies, and other training providers; and
``(F) local civil rights organizations and
community-based organizations, including organizations
representing underserved communities.
``(c) Contents.--The strategic plan shall, at a minimum, contain
the following:
``(1) A description and analysis of the capacity of the
eligible community to achieve economic adjustment to the impact
of trade.
``(2) An analysis of the economic development challenges
and opportunities facing the community, including the strengths
and weaknesses of the economy of the community.
``(3) An assessment of--
``(A) the commitment of the community to carry out
the strategic plan on a long-term basis;
``(B) the participation and input of members of the
community who are dislocated from employment due to the
impact of trade; and
``(C) the extent to which underserved communities
have been impacted by trade.
``(4) A description of how underserved communities will
benefit from the strategic plan.
``(5) A description of the role of the entities described
in subsection (b)(2) in developing the strategic plan.
``(6) A description of projects under the strategic plan to
facilitate the community's economic adjustment to the impact of
trade, including projects to--
``(A) develop public facilities, public services,
jobs, and businesses;
``(B) provide for the demolition of vacant or
abandoned commercial, industrial, or residential
property;
``(C) remediate environmental contamination;
``(D) establish or support land banks;
``(E) support energy conservation; and
``(F) support historic preservation.
``(7) A strategy for continuing the community's economic
adjustment to the impact of trade after the completion of such
projects.
``(8) A description of the educational and training
programs and the potential employment opportunities available
to workers in the community, including for workers under the
age of 25, and the future employment needs of the community.
``(9) An assessment of--
``(A) the cost of implementing the strategic plan;
and
``(B) the timing of funding required by the
community to implement the strategic plan.
``(10) A description of the methods of financing to be used
to implement the strategic plan, including--
``(A) a grant received under section 274 or under
other authorities;
``(B) a loan, including the establishment of a
revolving loan fund; or
``(C) other types of financing.
``(11) An assessment of how the community will address
unemployment among agricultural commodity producers, if
applicable.
``(d) Technical Assistance.--
``(1) In general.--The Secretary shall, subject to the
availability of appropriations, offer assistance in developing
a strategic plan under this section to any eligible community
that requests such assistance.
``(2) Availability of amounts appropriated.--The Secretary
may make available not more than $50,000,000 of the amounts
appropriated pursuant to the authorization of appropriations
under section 277(c) for each of the fiscal years 2022 through
2026 to provide assistance to communities under this
subsection.
``(e) Approval.--The Secretary shall approve the strategic plan
developed by an eligible community under this section if the Secretary
determines that the strategic plan meets the requirements of this
section.
``SEC. 276. COORDINATION OF FEDERAL RESPONSE AND OTHER ADDITIONAL
TECHNICAL ASSISTANCE.
``(a) In General.--The Secretary shall coordinate the Federal
response with respect to an eligible community that is awarded a grant
under section 274 to carry out the community's strategic plan developed
under section 275 by--
``(1) identifying and consulting, as appropriate, with--
``(A) the Department of Agriculture, the Department
of Defense, the Department of Education, the Department
of Energy, the Department of Labor, the Department of
Housing and Urban Development, the Department of Health
and Human Services, the Small Business Administration,
the Department of the Treasury; and
``(B) any other Federal, State, regional, or local
government agency, if appropriate;
``(2) assisting the community to access assistance from
other available Federal sources as necessary to fulfil the
community's strategic plan developed under section 275; and
``(3) ensuring that such assistance is provided in a
targeted, integrated manner.
``(b) Additional Technical Assistance.--In addition to the
coordination and assistance described in subsection (a), the Secretary
shall, subject to the availability of appropriations, provide technical
assistance for communities--
``(1) to identify significant impediments to economic
development that result from the impact of trade on the
community, including in the course of developing a strategic
plan under section 275; and
``(2) to access assistance under other available sources,
including State, local, or private sources by carrying out
projects that diversify and strengthen the economy in the
community.
``SEC. 277. GENERAL PROVISIONS.
``(a) Regulations.--
``(1) In general.--The Secretary shall, subject to
paragraph (3), promulgate such regulations as may be necessary
to carry out this subchapter, including--
``(A) administering the awarding of grants under
section 274, including establishing guidelines for the
submission and evaluation of grant applications under
such section; and
``(B) establishing guidelines for the evaluation of
strategic plans developed under section 275.
``(2) Consultations.--The Secretary shall consult with the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate not later than 90 days
prior to promulgating any final rule or regulation under this
subsection.
``(3) Relationship to existing regulations.--The Secretary,
to the maximum extent practicable, shall--
``(A) rely on and apply regulations promulgated to
carry out other economic development programs of the
Department of Commerce for purposes of carrying out
this subchapter; and
``(B) provide guidance regarding the manner and
extent to which such other economic development
programs relate to this subchapter.
``(b) Personnel; Resources.--The Secretary shall--
``(1) designate such staff as may be necessary to provide
sufficiently individualized assistance to each eligible
community that seeks technical assistance under section
273(a)(4), 275(d), or 276(b) to develop and implement its
strategic plan under section 275; and
``(2) designate such staff and allocate such existing
resources as may be necessary to carry out this subchapter.
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Secretary $1,000,000,000 for each of the fiscal years
2022 through 2026 to carry out this subchapter.
``(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under this subsection--
``(A) shall remain available until expended; and
``(B) shall be used to supplement, and not
supplant, other Federal, State, regional, and local
government funds made available to provide economic
development assistance for communities.''.
(c) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by striking the items relating to chapter 4 of title II
and inserting the following:
``Chapter 4--Trade Adjustment Assistance for Communities
``subchapter a--trade adjustment assistance for communities
``Sec. 271. Definitions.
``Sec. 272. Establishment of trade adjustment assistance for
communities program.
``Sec. 273. Eligibility; notification.
``Sec. 274. Grants to eligible communities.
``Sec. 275. Strategic plans.
``Sec. 276. Coordination of Federal response and other additional
technical assistance.
``Sec. 277. General provisions.
``subchapter b--community college and career training grant program
``Sec. 279. Community College and Career Training Grant Program.
``Sec. 279A. Authorization of appropriations.''.
SEC. 302. COMMUNITY COLLEGE AND CAREER TRAINING GRANT PROGRAM.
Section 279 of the Trade Act of 1974 (as redesignated by section
301) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Notification.--Upon receipt of a grant proposal from an
eligible institution seeking to receive a grant under this section, the
Secretary shall notify the Secretary of Commerce that such grant
proposal has been received for purposes of assisting an eligible
community (as such term is defined in section 271) in which such
institution is located in applying for a grant under section 274.''.
TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
SEC. 401. DEFINITIONS.
Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) through (7) as
paragraphs (3) through (6), respectively; and
(3) by adding at the end the following:
``(7) Underserved community.--The term `underserved
community' has the meaning given that term in section 247.''.
SEC. 402. GROUP ELIGIBILITY REQUIREMENTS.
Section 292 of the Trade Act of 1974 (19 U.S.C. 2401a) is amended--
(1) in subsection (c)--
(A) by striking ``85 percent of'' each place it
appears;
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3)--
(i) by striking ``importantly''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(4) the volume of exports of the agricultural commodity
produced by the group in the marketing year with respect to
which the group files the petition decreased compared to the
average volume of such exports during the 3 marketing years
preceding such marketing year; and
``(5) the decrease in such exports contributed to the
decrease in the national average price, quantity of production,
or value of production of, or cash receipts for, the
agricultural commodity, as described in paragraph (1).''; and
(2) in subsection (e)(3), by adding at the end before the
period the following: ``or exports''.
SEC. 403. ANNUAL REPORT.
Section 293(d) (19 U.S.C. 2401b(d)) of the Trade Act of 1974 is
amended by adding at the end the following:
``(20) Data or information on the success of the program in
assisting agricultural commodity producers to become more
competitive.
``(21) The demographic information (including race,
ethnicity, gender, income level, and age) of agricultural
commodity producers, including whether those producers are from
underserved communities.''.
SEC. 404. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS.
Section 295(a) of the Trade Act of 1974 (19 U.S.C. 2401d(a)) is
amended by adding at the end the following: ``The Secretary shall
develop a plan to conduct targeted outreach and offer assistance to
agricultural commodity producers from underserved communities''.
SEC. 405. QUALIFYING REQUIREMENTS AND BENEFITS FOR AGRICULTURAL
COMMODITY PRODUCERS.
Section 296 of the Trade Act of 1974 (19 U.S.C. 2401e) is amended--
(1) in subsection (a)(1)(A), by striking ``90 days'' and
inserting ``120 days'';
(2) in subsection (b)--
(A) in paragraph (3)(B), by striking ``$4,000'' and
inserting ``$12,000''; and
(B) in paragraph (4)(C), by striking ``$8,000'' and
inserting ``$24,000'';
(3) in subsection (c), by striking ``$12,000'' and
inserting ``$36,000''; and
(4) by adding at the end the following new subsection:
``(e) Adjustments for Inflation.--
``(1) In general.--The Secretary of Agriculture shall
adjust each dollar amount limitation described in this section
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.
``(2) Special rules for calculation of adjustment.--In
making an adjustment under paragraph (1), the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1
percent.
``(3) Consumer price index defined.--For purposes of this
subsection, the term `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.''.
TITLE V--OTHER MATTERS
SEC. 501. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.
(a) Extension of Termination Provisions.--Section 285 of the Trade
Act of 1974 (19 U.S.C. 2271 note) is amended by striking ``2021'' each
place it appears and inserting ``2028''.
(b) Training Funds.--Section 236(a)(2)(A) of the Trade Act of 1974
(19 U.S.C. 2296(a)(2)(A)), as amended by section 110(c)(2)(B), is
further amended--
(1) by striking ``shall not exceed $450,000,000'' and
inserting the following: ``shall not exceed--
``(i) $450,000,000'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(ii) $1,000,000,000 for each of the fiscal years 2022 through
2028.''.
(c) Reemployment Trade Adjustment Assistance.--Section 246(b)(1) of
the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking
``2021'' and inserting ``2028''.
(d) Authorizations of Appropriations.--
(1) Trade adjustment assistance for workers.--Section
245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended
by striking ``2021'' and inserting ``2028''.
(2) Trade adjustment assistance for firms.--Section 255(a)
of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended in the
first sentence by adding at the end before the period the
following: ``and $50,000,000 for each of the fiscal years 2022
through 2028''.
(3) Trade adjustment assistance for community colleges and
career training.--Subsection (b) section 279A of the Trade Act
of 1974 (as redesignated by section 301) is amended--
(A) by striking ``$500,000,000 for each of fiscal
years 2011, 2012, 2013, and 2014'' and inserting
``$1,300,000,000 for each of fiscal years 2022 through
2028''; and
(B) by striking ``section 271(a)(2)'' and inserting
``section 279(a)(2)''.
(4) Trade adjustment assistance for farmers.--Section
298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended
by striking ``2021'' and inserting ``2028''.
SEC. 502. 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.
(c) Conforming Amendments.--
(1) Trade act of 2002.--Section 151 of the Trade Act of
2002 (19 U.S.C. note prec. 2271) is amended by striking
subsections (a), (b), and (c).
(2) Trade and globalization adjustment assistance act of
2009.--Section 1891 of the Trade and Globalization Adjustment
Assistance Act of 2009 (19 U.S.C. 2271 note) is repealed.
(3) Trade adjustment assistance extension act of 2011.--The
Trade Adjustment Assistance Extension Act of 2011 is amended--
(A) in section 201 (19 U.S.C. note prec. 2271), by
striking subsections (b) and (c); and
(B) in section 231(a) (19 U.S.C. 2271 note), by
striking paragraphs (1)(B) and (2).
(4) Trade adjustment assistance reauthorization act of
2015.--The Trade Adjustment Assistance Reauthorization Act of
2015 is amended--
(A) in section 402 (19 U.S.C. note prec. 2271), by
striking subsections (b) and (c); and
(B) in section 405(a)(1) (19 U.S.C. 2319(a)(1)), by
striking subparagraph (B).
(d) Trade Adjustment Assistance for Firms.--
(1) Certification of firms 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 Commerce has not made a determination
with respect to whether to certify a firm as eligible
to apply for adjustment assistance under section 251 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 251
of the Trade Act of 1974, as in effect on such date of
enactment.
(B) Reconsideration of denial of certain
petitions.--If, before the date of the enactment of
this Act, the Secretary made a determination not to
certify a firm as eligible to apply for adjustment
assistance under section 251 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 firm meets the requirements of
section 251 of the Trade Act of 1974, as in
effect on such date of enactment, certify the
firm as eligible to apply for adjustment
assistance.
(C) Petition described.--A petition described in
this subparagraph is a petition for a certification of
eligibility filed by a firm or its representative under
section 251 of the Trade Act of 1974 on or after
January 1, 2021, and before the date of the enactment
of this Act.
(2) Certification of firms that did not submit petitions
between january 1, 2021, and date of enactment.--
(A) In general.--The Secretary of Commerce shall
certify a firm described in subparagraph (B) as
eligible to apply for adjustment assistance under
section 251 of the Trade Act of 1974, as in effect on
the date of the enactment of this Act, if the firm or
its representative files a petition for a certification
of eligibility under section 251 of the Trade Act of
1974 not later than 90 days after such date of
enactment.
(B) Firm described.--A firm described in this
subparagraph is a firm that the Secretary determines
would have been certified as eligible to apply for
adjustment assistance if--
(i) the firm or its representative had
filed a petition for a certification of
eligibility under section 251 of the Trade Act
of 1974 on a date during the period beginning
on January 1, 2021, and ending on the day
before the date of the enactment of this Act;
and
(ii) the provisions of chapter 3 of title
II of the Trade Act of 1974, as in effect on
such date of enactment, had been in effect on
that date during the period described in clause
(i).
TITLE VI--HEALTH CARE TAX CREDIT
SEC. 601. PERMANENT CREDIT FOR HEALTH INSURANCE COSTS.
(a) In General.--Subparagraph (B) of section 35(b)(1) of the
Internal Revenue Code of 1986 is amended by striking ``, and before
January 1, 2022'' and inserting a period.
(b) Increase in Credit Percentage.--Subsection (a) of section 35 of
the Internal Revenue Code of 1986 is amended by striking ``72.5
percent'' and inserting ``80 percent''.
(c) Conforming Amendments.--Subsections (b) and (e)(1) of section
7527 of the Internal Revenue Code of 1986 are each amended by striking
``72.5 percent'' and inserting ``80 percent''.
(d) Effective Date.--The amendments made by this section shall
apply to coverage months beginning after December 31, 2021.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
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