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II
116TH CONGRESS
2D SESSION
S. 3555
To expand the trade adjustment assistance for workers program, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 20, 2020
Ms. STABENOW (for herself and Mr. PETERS) introduced the following bill;
which was read twice and referred to the Committee on Finance
A BILL
To expand the trade adjustment assistance for workers
program, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Trade Adjustment Assistance For Workers Reauthoriza-
5
tion Act of 2020’’.
6
(b) TABLE OF CONTENTS.—The table of contents for
7
this Act is as follows:
8
Sec. 1. Short title; table of contents.
TITLE I—TRADE ADJUSTMENT ASSISTANCE PROGRAM
Sec. 101. Filing petitions.
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Sec. 102. Adjustment assistance for retaliatory tariff increases.
Sec. 103. Adjustment assistance for supply chain disruptions and decreased ex-
ports during public health emergencies.
Sec. 104. Eligibility of staffed workers and teleworkers.
Sec. 105. Application of determinations of eligibility to workers employed by
successors-in-interest.
Sec. 106. Provision of benefit information to workers.
Sec. 107. Modifications to trade readjustment allowances.
Sec. 108. Provision of information on work-based learning opportunities.
Sec. 109. Training for workers.
Sec. 110. Eligibility criteria for reemployment trade adjustment assistance.
Sec. 111. Subpoena power.
Sec. 112. Data collection with respect to training.
Sec. 113. Extension of trade adjustment assistance program.
Sec. 114. Sense of Congress.
Sec. 115. Effective date; applicability.
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. Extension of credit for health insurance costs.
TITLE I—TRADE ADJUSTMENT
1
ASSISTANCE PROGRAM
2
SEC. 101. FILING PETITIONS.
3
Section 221(a)(1)(A) of the Trade Act of 1974 (19
4
U.S.C. 2271(a)(1)(A)) is amended to read as follows:
5
‘‘(A) Two or more workers in the group of
6
workers.’’.
7
SEC. 102. ADJUSTMENT ASSISTANCE FOR RETALIATORY
8
TARIFF INCREASES.
9
(a) IN GENERAL.—Section 222(a)(2) of the Trade
10
Act of 1974 (19 U.S.C. 2272(a)(2)) is amended—
11
(1) in subparagraph (A)(iii), by striking ‘‘or’’ at
12
the end;
13
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(2) in subparagraph (B)(ii), by striking the pe-
1
riod at the end and inserting ‘‘; or’’; and
2
(3) by adding at the end the following:
3
‘‘(C)(i) the sales or production, or both, of such
4
firm have decreased;
5
‘‘(ii) exports of articles produced or services
6
supplied by such workers’ firm have decreased;
7
‘‘(iii) the decrease in exports described in clause
8
(ii) resulted in whole or in part from duties imposed
9
on such exports by a foreign country in response to
10
duties imposed by the United States on imports
11
from that country; and
12
‘‘(iv) the decrease in exports described in clause
13
(ii) contributed importantly to such workers’ separa-
14
tion or threat of separation and to the decline in the
15
sales or production of such firm.’’.
16
(b) CONSULTATIONS WITH RESPECT TO FOREIGN
17
RETALIATORY ACTIONS.—Section 222 of the Trade Act
18
of 1974 (19 U.S.C. 2272) is amended by adding at the
19
end the following:
20
‘‘(f) CONSULTATIONS WITH RESPECT TO FOREIGN
21
RETALIATORY
ACTIONS.—In
making
determinations
22
under subsection (a)(2)(C), the Secretary shall consult
23
with the Under Secretary of Commerce for International
24
Trade with respect to whether duties imposed on exports
25
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by a foreign country are imposed in response to duties
1
imposed by the United States on imports from that coun-
2
try.’’.
3
SEC. 103. ADJUSTMENT ASSISTANCE FOR SUPPLY CHAIN
4
DISRUPTIONS
AND
DECREASED
EXPORTS
5
DURING PUBLIC HEALTH EMERGENCIES.
6
(a) IN GENERAL.—Section 222(a)(2) of the Trade
7
Act of 1974 (19 U.S.C. 2272(a)(2)), as amended by sec-
8
tion 102, is further amended—
9
(1) in subparagraph (B)(ii), by striking ‘‘or’’ at
10
the end;
11
(2) in subparagraph (C)(iv), by striking the pe-
12
riod at the end and inserting ‘‘; or’’; and
13
(3) by adding at the end the following:
14
‘‘(D)(i) the sales or production, or both, of such
15
firm have decreased;
16
‘‘(ii) the decrease in sales or production, or
17
both, of such firm resulted in whole or in part from
18
a decrease in imports of components or supplies
19
that—
20
‘‘(I) are directly incorporated into an arti-
21
cle produced by such firm; and
22
‘‘(II) are not available in sufficient quan-
23
tities in the United States; and
24
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‘‘(iii) the decrease in imports of components or
1
supplies described in clause (ii) contributed impor-
2
tantly to such workers’ separation or threat of sepa-
3
ration and to the decline in the sales or production
4
of such firm; or
5
‘‘(E)(i) the sales or production, or both, of such
6
firm have decreased;
7
‘‘(ii) exports of articles produced or services
8
supplied by such workers’ firm have decreased;
9
‘‘(iii) the decrease in exports described in clause
10
(ii) occurred during a period during which—
11
‘‘(I) a public health emergency declared
12
under section 319 of the Public Health Service
13
Act (42 U.S.C. 247d) is in effect for the juris-
14
diction in which such firm is located; or
15
‘‘(II) a national emergency declared under
16
section 201 of the National Emergencies Act
17
(50 U.S.C. 1621) with respect to public health
18
and safety within the United States is in effect;
19
and
20
‘‘(iv) the decrease in exports described in clause
21
(ii) contributed importantly to such workers’ separa-
22
tion or threat of separation and to the decline in the
23
sales or production of such firm.’’.
24
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(b) PUBLIC HEALTH EMERGENCY DEFINED.—Sec-
1
tion 222(c) of the Trade Act of 1974 (19 U.S.C. 2272(c))
2
is amended by adding at the end the following:
3
‘‘(5) PUBLIC HEALTH EMERGENCY.—The term
4
‘public health emergency’ means a public health
5
emergency declared—
6
‘‘(A) by the Secretary of Health and
7
Human Services under section 319 of the Pub-
8
lic Health Service Act (42 U.S.C. 247d); or
9
‘‘(B) by a public health official of a State
10
with authority to declare such an emergency for
11
the State or a jurisdiction within the State.’’.
12
(c) SPECIAL RULES.—Section 223 of the Trade Act
13
of 1974 (19 U.S.C. 2272) is amended by adding at the
14
end the following:
15
‘‘(f) SPECIAL RULES RELATING TO SUPPLY CHAIN
16
DISRUPTION AND PUBLIC HEALTH EMERGENCIES.—
17
‘‘(1) WAIVER AUTHORITY.—During a period de-
18
scribed
in
subparagraph
(E)(iii)
of
section
19
222(a)(2), the Secretary may waive any requirement
20
of this chapter that the Secretary determines is nec-
21
essary to ensure that a group of workers who meets
22
the eligibility requirements described in subpara-
23
graphs (D) and (E) of that section is certified as eli-
24
gible to apply for adjustment assistance and that
25
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such workers begin receiving benefits under this
1
chapter as expeditiously as possible.
2
‘‘(2) EXPEDITED CERTIFICATION.—
3
‘‘(A) IN GENERAL.—If the case of a peti-
4
tion described in subparagraph (C), the Sec-
5
retary may—
6
‘‘(i) waive all applicable hearings or
7
investigations; and
8
‘‘(ii) subject to subparagraph (B),
9
issue a certification of eligibility covering
10
that group of workers as soon as possible.
11
‘‘(B) DENIALS; REQUIREMENTS.—The Sec-
12
retary may—
13
‘‘(i) require such information as is
14
necessary for the Secretary to issue a cer-
15
tification of eligibility pursuant to a peti-
16
tion described in subparagraph (C); and
17
‘‘(ii) determine not to issue such a
18
certification if the Secretary determines
19
that the preponderance of the evidence in-
20
dicates that the group of workers covered
21
by the petition does not meet the eligibility
22
requirements described in subparagraph
23
(D) or (E) of section 222(a)(2).
24
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‘‘(C) PETITIONS
DESCRIBED.—A petition
1
described in this subparagraph is a petition for
2
certification of eligibility to apply for adjust-
3
ment assistance for a group of workers under
4
section 221(a)(1)—
5
‘‘(i) based on the eligibility require-
6
ments described in subparagraph (D) or
7
(E) of section 222(a)(2); and
8
‘‘(ii) filed by—
9
‘‘(I) the certified or recognized
10
union or other duly authorized rep-
11
resentative of such workers;
12
‘‘(II) such workers’ firm; or
13
‘‘(III) a State agency.’’.
14
SEC. 104. ELIGIBILITY OF STAFFED WORKERS AND TELE-
15
WORKERS.
16
Section 222 of the Trade Act of 1974 (19 U.S.C.
17
2272), as amended by section 102(b), is further amended
18
by adding at the end the following:
19
‘‘(h) TREATMENT
OF
STAFFED
WORKERS
AND
20
TELEWORKERS.—
21
‘‘(1) IN GENERAL.—For purposes of subsection
22
(a), workers in a firm include staffed workers and
23
teleworkers.
24
‘‘(2) DEFINITIONS.—In this subsection:
25
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‘‘(A)
STAFFED
WORKER.—The
term
1
‘staffed worker’ means a worker who performs
2
work under the operational control of a firm
3
that is the subject of a petition filed under sec-
4
tion 221, even if the worker is directly em-
5
ployed by another firm.
6
‘‘(B)
TELEWORKER.—The
term
‘tele-
7
worker’ means a worker who works remotely
8
but who reports to the location listed for a firm
9
in a petition filed under section 221.’’.
10
SEC. 105. APPLICATION OF DETERMINATIONS OF ELIGI-
11
BILITY TO WORKERS EMPLOYED BY SUCCES-
12
SORS-IN-INTEREST.
13
Section 223 of the Trade Act of 1974 (19 U.S.C.
14
2273), as amended by section 103(c), is further amended
15
by adding at the end the following:
16
‘‘(g) TREATMENT OF WORKERS OF SUCCESSORS-IN-
17
INTEREST.—If the Secretary certifies a group of workers
18
of a firm as eligible to apply for adjustment assistance
19
under this chapter, a worker of a successor-in-interest to
20
that firm shall be covered by the certification to the same
21
extent as a worker of that firm.’’.
22
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SEC. 106. PROVISION OF BENEFIT INFORMATION TO WORK-
1
ERS.
2
Section 225(b) of the Trade Act of 1974 (19 U.S.C.
3
2275(b)) is amended—
4
(1) by redesignating paragraph (2) as para-
5
graph (3);
6
(2) by inserting after paragraph (1) the fol-
7
lowing:
8
‘‘(2) The Secretary shall provide a second notice to
9
a worker described in paragraph (1) before the worker has
10
exhausted all rights to any unemployment insurance to
11
which the worker is entitled (other than additional com-
12
pensation described in section 231(a)(3)(B) funded by a
13
State and not reimbursed from Federal funds).’’;
14
(3) in paragraph (3), as redesignated by para-
15
graph (1), by inserting ‘‘print or digital’’ before
16
‘‘newspapers’’; and
17
(4) by adding at the end the following:
18
‘‘(4) For purposes of providing outreach regarding
19
the benefits available under this chapter to workers cov-
20
ered by a certification made under subchapter A, the Sec-
21
retary may take any necessary actions, including the fol-
22
lowing:
23
‘‘(A) Collect the email addresses and telephone
24
numbers of such workers from the employers of such
25
workers to provide outreach to such workers.
26
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•S 3555 IS
‘‘(B) Partner with certified or recognized union
1
or other duly authorized representatives of such
2
workers.
3
‘‘(C) Hire peer support workers to perform out-
4
reach to other workers covered by that certification.
5
‘‘(D) Use advertising methods and public infor-
6
mation campaigns, including social media, in addi-
7
tion to notice published in print or digital news-
8
papers under paragraph (3).’’.
9
SEC. 107. MODIFICATIONS TO TRADE READJUSTMENT AL-
10
LOWANCES.
11
(a) PAYMENT TO COMPLETE TRAINING.—Section
12
233 of the Trade Act of 1974 (19 U.S.C. 2293) is amend-
13
ed—
14
(1) in subsection (a)—
15
(A) in paragraph (2), by inserting after
16
‘‘104-week period’’ the following: ‘‘(or, in the
17
case of an adversely affected worker who re-
18
quires a program of prerequisite education or
19
remedial education (as described in section
20
236(a)(5)(D)) in order to complete training ap-
21
proved for the worker under section 236, the
22
130-week period)’’;
23
(B) in paragraph (3), by striking ‘‘65 addi-
24
tional weeks in the 78-week period’’ and insert-
25
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ing ‘‘78 additional weeks in the 91-week pe-
1
riod’’; and
2
(C) in the flush text, by striking ‘‘78-week
3
period’’ and inserting ‘‘91-week period’’; and
4
(2) by amending subsection (f) to read as fol-
5
lows:
6
‘‘(f) PAYMENT OF TRADE READJUSTMENT ALLOW-
7
ANCES TO COMPLETE TRAINING.—Notwithstanding any
8
other provision of this section, in order to assist an ad-
9
versely affected worker to complete training approved for
10
the worker under section 236 that includes a program of
11
prerequisite education or remedial education (as described
12
in section 236(a)(5)(D)), and in accordance with regula-
13
tions prescribed by the Secretary, payments may be made
14
as trade readjustment allowances for up to 26 additional
15
weeks in the 26-week period that follows the last week
[Text truncated for display. Full text available on Congress.gov.]