,,ii #aaith ,,congress #b;d ,session ,s4 #effd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjbf,mr4 ,schatz 7for himself and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide for the retraining and support of workers displaced by automation technologies or artificial intelligence1 to require ,federal action during periods of elevated unemployment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,undertaking to ,track1 ,upskill1 and ,retrain for ,employment of ,workers ,act or the ,,future of ,workers ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,artificial intelligence ,the term artificial intelligence has the meaning given the term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#b7 ,covered technology ,the term covered technology means automation technologies or artificial intelligence4 #c4 ,government action during periods of unemployment ,the ,employment ,act of #aidf 7#ae ,u4,s4,c4 #ajba et seq47 is amended by adding at the end the following3 #ab4 ,government action during periods of unemployment 7a7 ,definitions ,in this subsection3 7#a7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,quarter ,the term quarter means one of the following #c-month periods3 7,a7 ,january through ,march4 7,b7 ,april through ,june4 7,c7 ,july through ,september4 7,d7 ,october through ,december4 7#c7 ,rate of unemployment ,the term rate of unemployment means1 with respect to a quarter1 the average of the seasonally adjusted national monthly rates of total unemployment for the #c months of the quarter1 as published by the ,commissioner of ,labor ,statistics4 7b7 #f percent unemployment ,during the period beginning on the date on which the ,secretary of ,labor determines that the rate of unemployment has exceeded #f percent during #b consecutive quarters and ending on the date on which the ,secretary of ,labor determines that the rate of unemployment has been less than #f percent for #b consecutive quarters1 the head of each agency administering a discretionary grant or loan program shall consider the employment impacts of a discretionary grant or loan when reviewing applications for the discretionary grant or loan4 7c7 #g4e percent unemployment ,during the period beginning on the date on which the ,secretary of ,labor determines that the rate of unemployment has exceeded #g4e percent during #b consecutive quarters and ending on the date on which the ,secretary of ,labor determines that the rate of unemployment has been less than #g4e percent for #b consecutive quarters-- 7#a7 the chair of the ,council of ,economic ,advisers shall convene an emergency interagency taskforce to address increases in unemployment composed of each head of an agency who is a member of the ,president's ,cabinet2 7#b7 the ,comptroller ,general of the ,united ,states shall-- 7,a7 conduct a review of the activities of each agency2 and 7,b7 provide recommendations on how to alter those activities to incentivize public and private sector employment2 and 7#c7 the ,director of the ,congressional ,budget ,office shall assign a score to each bill or joint resolution for which the ,director of the ,congressional ,budget ,office prepares a statement under section #dbd7;a7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #feh;c7a77 during that period with respect to anticipated employment impacts4 7d7 #i percent unemployment ,during the period beginning on the date on which the ,secretary of ,labor determines that the rate of unemployment has exceeded #i percent during #b consecutive quarters and ending on the date on which the ,secretary of ,labor determines that the rate of unemployment has been less than #i percent for #b consecutive quarters1 the ,board of ,governors of the ,federal ,reserve ,system shall prioritize the maximum employment mandate of the ,federal ,reserve ,system in its activities4 4 #d4 ,worker ,adaptation and ,training ,program 7a7 ,definitions ,in this section3 7#a7 ,covered worker ,the term covered worker means a worker whom the ,secretary determines-- 7,a7 has attested that-- 7i7 the worker's employment 7or1 for a recent graduate1 their planned employment7 has been terminated or otherwise impacted by the adoption of covered technology rather than for cause2 and 7ii7 7,i7 for a worker who is not a recent graduate1 the termination or impact occurred within the #a-year period ending on the date of the determination under this paragraph2 or 7,,ii7 the worker is a recent graduate as of the date of the determination under this paragraph2 or 7,b7 is employed1 or otherwise engaged in labor or services for remuneration1 in a position that is an at-risk occupation listed in the most recently published list under section #g7;a77#b74 7#b7 ,employment ,the term employment includes engagement in labor or services for remuneration without regard to whether the individual performing the labor or services is an employee4 7#c7 ,in-demand industry sector or occupation ,the term in-demand industry sector or occupation has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#e7 ,local area2 local board2 one-stop operator ,the terms local area1 local board1 and one-stop operator have the meanings given such terms in section #c of the ,workforce ,innovation and ,opportunity ,act4 7#f7 ,recent graduate ,the term recent graduate means an individual who has successfully completed all requirements for a postsecondary degree1 diploma1 certificate1 or recognized vocational or professional training program at an institution of higher education during the preceding #a-year period4 7#g7 ,registered apprenticeship ,the term registered apprenticeship means an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#i7 ,state agency ,the term ,state agency has the meaning given the term in section #b of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;a74 7#aj7 ,state board2 training services ,the terms ,state board and training services have the meanings given such terms in section #c of the ,workforce ,innovation and ,opportunity ,act4 7#aa7 ,worker ,the term worker includes an employee1 an independent contractor1 a gig worker1 an unemployed individual1 and a recent graduate4 7b7 ,general authority 7#a7 ,in general ,the ,secretary of ,labor shall establish and administer1 within the ,united ,states ,employment ,service1 a ,worker ,adaptation and ,training ,program 7referred to in this section as the ,program71 through which the ,secretary shall provide each eligible worker as determined under subsection 7d77#a7 participating in the ,program the services and support described in subsection 7d77#c74 7#b7 ,administration ,in administering the ,program1 the ,secretary shall1 to the maximum extent practicable and1 as applicable1 through agreements with ,state agencies1 ,state boards1 local boards1 and one-stop operators1 deliver such services and support through existing workforce development infrastructure1 including one-stop delivery systems under section #aba of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea7 and ,state employment service offices4 7c7 ,in-,demand industry sectors and occupations 7#a7 ,review ,in consultation with the ,assistant ,secretary of ,labor for ,employment and ,training and the ,commissioner of ,labor ,statistics1 the ,secretary shall-- 7,a7 review the in-demand industry sectors and occupations specified in ,state plans under section #ajb7;b77#a77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caab7;b77#a77;,a77i772 and 7,b7 actively monitor the skill needs for such sectors and occupations and corresponding relevant opportunities for training services4 7#b7 ,retraining projects ,as a result of the review under paragraph 7#a71 the ,secretary shall utilize available funding under this ,act to create new1 or to expand or supplement existing1 retraining projects with training services in in-demand industry sectors or occupations1 including in various local areas1 to train participants in the ,program for labor market needs4 7#c7 ,directory ,in carrying out this section1 the ,secretary shall maintain a directory of retraining projects described in this subsection1 and actively work to place participants in the ,program in those projects4 7#d7 ,collaboration ,in carrying out this subsection1 the ,secretary shall collaborate with labor-management partnerships and labor organizations1 and assist in the creation of such partnerships and labor organization-run retraining projects1 including registered apprenticeships4 7d7 ,eligible workers 7#a7 ,applications ,to be eligible to participate in the ,program1 a worker shall-- 7,a7 be actively seeking employment1 on the date on which the worker submits an application under subparagraph 7,b72 and 7,b7 submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7i7 information on their work experience1 including their title1 job responsibilities1 and work location1 on their educational history1 and on their dependents2 and 7ii7 attestations that-- 7,i7 the worker is a covered worker2 7,,ii7 the worker will be either receiving training services or actively seeking employment while in the ,program2 and 7,,iii7 the worker is not receiving unemployment compensation under ,federal or ,state law1 or will stop receiving such compensation if accepted to participate in the ,program4 7#b7 ,decision on applications ,not later than #cj days after receiving an application under paragraph 7#a77;,b71 the ,secretary shall review1 and approve or deny1 the application4 7#c7 ,services and support ,a participant in the ,program shall receive-- 7,a7 individual career counseling1 which may include staff-assisted services described in section #feb4bjg7;b77#b77;iii7 of title #bj1 ,code of ,federal ,regulations1 and provided under section #g of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;f72 7,b7 retraining in an in-demand industry sector or occupation through training services 7in which the participant may immediately enroll once approved for participation in the ,program72 7,c7 if relocation is required for participation in the ,program or for placement in qualified employment as described in paragraph 7#e77;,a71 a one-time payment of relocation assistance in an amount of not more than #aj1jjj 7which maximum amount shall be adjusted each year for inflation beginning #a year after the date of enactment of this ,act72 7,d7 when not placed in qualified employment as described in paragraph 7#e77;,a71 financial assistance1 to be known as ,new ,foundations ,support ,payments1 which shall be made monthly and in an amount that1 calculated annually-- 7i7 in the case of a recent graduate1 shall be not more than the ,state median wage for the ,state in which the participant resides2 and 7ii7 in the case of a participant who is not a recent graduate1 shall be not more than #he percent of the participant's income in the full calendar year preceding-- 7,i7 in the case of a worker described in subsection 7a77#b77;,a77ii77,i71 the date of the termination or impact involved2 or 7,,ii7 in the case of a worker described in subsection 7a77#b77;,b71 the date on which the worker applies for participation in the ,program2 7,e7 at the option of the ,state in which the participant resides1 medical assistance for the participant and dependents of the participant under the ,state plan 7or a waiver of such plan7 under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 in accordance with the amendments made by paragraph 7#d72 7,f7 if applicable1 wage replacement assistance in accordance with paragraph 7#e77;,b72 and 7,g7 ongoing information from the ,secretary on entrepreneurship resources provided by the ,small ,business ,administration1 including information related to-- 7i7 the loan and grant programs of the ,small ,business ,administration1 including the business loan and microloan programs under subsections 7a7 and 7m71 respectively1 of section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf71 and applicable set-aside funds for participants in the ,program2 and 7ii7 assistance provided by resource partners of the ,small ,business ,administration1 including-- 7,i7 small business development centers described in section #ba of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdh72 7,,ii7 women's business centers described in section #bi of that ,act 7#ae ,u4,s4,c4 #fef72 7,,iii7 the ,service ,corps of ,retired ,executives under section #h7;b77#a7 of that ,act 7#ae ,u4,s4,c4 #fcg7;b77#a772 and 7,,iv7 the ,veteran ,business ,outreach ,centers described in section #cb of that ,act 7#ae ,u4,s4,c4 #feg;b74 7#d7 ,optional ,medicaid coverage for ,,watp participants and their dependents 7,a7 ,in general ,section #aijb7;a77#aj77;,a77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,a77ii77 is amended-- 7i7 in subclause 7,,xxii71 by striking or after the semicolon2 7ii7 in subclause 7,,xxiii71 by inserting or after the semicolon2 and 7iii7 by inserting after subclause 7,,xxiii7 the following3 7,,xxiv7 who are described in subsection 7zz7 7relating to participants in the ,worker ,adaptation and ,training ,program and their dependents72 4 7,b7 ,group described ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended by adding at the end the following3 7zz7 ,,watp participants and dependents 7#a7 ,in general ,individuals described in this subsection are individuals who-- 7,a7 are not described in subsection 7a77#aj77;,a77i72 7,b7 are participants in the ,worker ,adaptation and ,training ,program established in section #d of the ,,future of ,workers ,act who1 subject to paragraph 7#b71 have not been placed in qualified employment 7as described in section #d7;d77#e77;,a7 of such ,act7 or are dependents of such participants2 and 7,c7 are not otherwise covered under creditable coverage1 as defined in section #bgjd7;c7 of the ,public ,health ,service ,act4 7#b7 ,extension of eligibility for #f months after placement in qualified employment ,an individual described in paragraph 7#a71 and any dependent of such an individual1 for whom a ,state has elected to provide medical assistance under the ,state plan approved under this title 7or a waiver of such plan7 shall remain eligible for medical assistance during the #f-month period that begins on the date the individual is placed in1 and begins1 qualified employment 7as described in section #d7;d77#e77;,a7 of the ,,future of ,workers ,act71 without any reapplication for benefits under the ,state plan 7or waiver74 4 7,c7 ,exclusion from income limitation ,section #aijc7;f77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7f77#d77 is amended by inserting #aijb7;a77#aj77;,a77ii77,,xxiv71 after #aijb7;a77#aj77;,a77ii77,,xxii714 7,d7 ,definition of medical assistance ,section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77 is amended in the matter preceding paragraph 7#a7-- 7i7 in clause 7xvii71 by striking or after such subsection2 7ii7 in clause 7xviii71 by inserting or after age2 7iii7 by inserting after clause 7xviii7 the following3 7xiv7 individuals described in section #aijb7zz71 2 and 7iv7 by realigning the left margins of clauses 7xvi7 and 7xviii7 so they align with the left margin of clause 7xvii74 7,e7 ,presumptive eligibility option ,section #aibj7;e7 of such ,act 7#db ,u4,s4,c4 #acifr-#a7;e77 is amended by striking or clause 7ii77,,xx7 and inserting clause 7ii77,,xx71 or clause 7ii77,,xxiv74 7#e7 ,wage replacement assistance 7,a7 ,qualified employment ,for purposes of this subparagraph1 a participant or former participant of the ,program shall be considered to be placed in qualified employment if-- 7i7 the individual is a participant who receives training services through an employment position in the ,program1 such as a registered apprenticeship or on-the-job training position2 or 7ii7 the individual is a former participant who1 after receiving training services through the ,program that prepare the individual for a position in an in-demand industry sector or occupation1 is placed in such a position4 7,b7 ,payments 7i7 ,in general ,except as provided in clause 7ii71 in the case of an individual who is placed in qualified employment as described in subparagraph 7,a7 and is not a recent graduate1 the ,secretary shall pay to such individual-- 7,i7 for each of the first #c years of the qualified employment1 #ge percent of the difference between-- 7aa7 the wages received by the individual for the position of such qualified employment for such year2 and 7bb7 wages received by the individual calculated for #a year based on-- 7,,aa7 in the case of a worker described in subsection 7a77#b77;,a77ii77,i71 the annual rate of wages of the individual for the position to which the termination or impact involved applies as of the date of such termination or impact2 or 7,,bb7 in the case of a worker described in subsection 7a77#b77;,b71 the annual rate of wages of the individual for the position described in such subsection as of the date on which the worker applies for participation in the ,program2 7,,ii7 for the fourth year of the qualified employment1 #ej percent of such difference2 and 7,,iii7 for the fifth year of the qualified employment1 #be percent of such difference4 7ii7 ,limitation ,no payment shall be made under this subparagraph to an individual for a year if1 for that year1 the individual received an amount in wages for the position of the qualified employment that is equal to or more than the amount in wages received by the individual calculated for #a year based on-- 7,i7 in the case of a worker described in subsection 7a77#b77;,a77ii77,i71 the annual rate of wages of the individual for the position to which the termination or impact involved applies as of the date of such termination or impact2 or 7,,ii7 in the case of a worker described in subsection 7a77#b77;,b71 the annual rate of wages of the individual for the position described in such subsection as of the date on which the worker applies for participation in the ,program4 7,c7 ,state or local government employers 7i7 ,in general ,if an individual described in subparagraph 7,a7 is placed in qualified employment with a ,state or local government1 the ,secretary shall1 for a period of #e years beginning on the date of the placement1 pay to the corresponding government #be percent of the cost of their wages and fringe benefits4 7ii7 ,nondisplacement ,a ,state or local government shall not receive payments under clause 7i7 with respect to an individual described in subparagraph 7,a7 placed in qualified employment with the ,state or local government if-- 7,i7 employing the individual will result in the layoff or partial displacement 7such as a reduction in hours1 wages1 or employment benefits7 of an existing employee or position of the employer2 7,,ii7 the individual will assume any of the duties or responsibilities of an employee who is participating in a strike1 collective bargaining1 or activities for representation by a labor organization2 7,,iii7 employing the individual infringes upon the promotional opportunities of an existing employee of the employer2 or 7,,iv7 the individual will perform the same work or substantially the same work as that performed by any employee who has been laid off or partially displaced and has not received an offer from the employer to be restored to the position the employee had immediately prior to being laid off or partially displaced4 7,d7 ,collective bargaining agreements ,in the case an individual described in subparagraph 7,a7 is placed in qualified employment in position that is covered by a collective bargaining agreement1 nothing in this section shall alter the applicability of any wage or benefit requirements of such collective bargaining agreement with respect to such position4 7#f7 ,period ,except as provided in paragraph 7#e71 a participant may participate in the ,program1 and receive the services and support described in this subsection for a participant1 for not more than #c years4 7#g7 ,loans and grants from the ,small ,business ,administration ,for purposes of subparagraphs 7,a7 and 7,b77ii77,,ii7 of paragraph 7#a71 an individual who receives a loan or grant from the ,small ,business ,administration1 including under the business loan and microloan programs established under subsections 7a7 and 7m71 respectively1 of section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf71 shall be deemed1 for the #a-year period following the receipt of such loan or grant1 to be actively seeking employment4 7e7 ,advisory ,committee 7#a7 ,establishment ,the ,secretary shall establish in the ,department of ,labor the ,worker ,adaptation and ,training ,advisory ,committee 7referred to in this section as the ,committee74 7#b7 ,membership ,the ,committee shall be composed of-- 7,a7 #c representatives of labor organizations1 appointed by the ,secretary2 7,b7 #b representatives of businesses1 with management authority1 appointed by the ,secretary2 7,c7 #b representatives from ,state boards or local boards2 7,d7 the ,director of the ,office of ,personnel ,management2 7,e7 the ,director of the ,national ,institute of ,standards and ,technology2 and 7,f7 the ,director of the ,national ,science ,foundation4 7#c7 ,duties ,the ,committee shall make recommendations to the ,secretary on the placement of workers in retraining projects under the ,program4 7#d7 ,personnel matters 7,a7 ,compensation of members ,except as provided in subparagraph 7,b71 no member of the ,committee may be compensated for their service on the ,committee4 7,b7 ,travel expenses ,a member of the ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,committee4 7,c7 ,staff 7i7 ,in general ,the ,committee may1 without regard to the civil service laws 7including regulations71 appoint and terminate an executive director and such other additional personnel as may be necessary to enable the ,committee to perform its duties1 except that the employment of an executive director shall be subject to confirmation by the ,committee4 7ii7 ,compensation ,the ,committee may fix the compensation of the executive director and other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of that title4 7#e7 ,permanent committee ,section #ajac of title #e1 ,united ,states ,code1 shall not apply to the ,committee4 7f7 ,direct hire authority ,the ,secretary may appoint individuals to positions necessary to administer the ,program without regard to any of sections #ccji through #ccah of title #e1 ,united ,states ,code4 7g7 ,state unemployment insurance records ,for purposes of assisting in eligibility determinations and calculating payments under this section1 the ,secretary shall obtain and use quarterly wage information from ,state unemployment insurance wage records4 7h7 ,metrics system ,the ,secretary shall establish a metrics system for measuring the success of the ,program4 7i7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #fj1jjj1jjj1jjj for each fiscal year4 7#b7 ,reservation ,of the amount appropriated under paragraph 7#a7 for a fiscal year1 the ,secretary shall reserve not more than #e percent to administer the ,program1 including for entering into agreements with ,state agencies1 ,state boards1 local boards1 and one-stop operators for intake1 counseling1 and other services and support under this section4 7j7 ,amendment to ,workforce ,innovation and ,opportunity ,act ,section #aba7;b77#a77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea7;b77#a77;,b77 is amended-- 7#a7 in clause 7xii71 by striking 2 and and inserting a semicolon2 7#b7 in clause 7xiii71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7xiv7 services and support provided through the ,worker ,adaptation and ,training ,program under section #d of the ,,future of ,workers ,act4 4 #e4 ,federal workforce 7a7 ,identification of high-,demand position classifications and occupational skill gaps ,not later than #abj days after the date of enactment of this ,act1 and annually thereafter1 the ,director of the ,office of ,personnel ,management1 in conjunction with the ,secretary of ,labor1 shall identify high-demand ,federal position classifications1 such as technology services1 and occupational skill gaps in the ,federal workforce in order to facilitate the placement of participants in the ,worker ,adaptation and ,training ,program in civil service positions4 7b7 ,assistance for job applicants ,the ,director of the ,office of ,personnel ,management shall work with the ,secretary of ,labor to assist participants in the ,worker ,adaptation and ,training ,program in applying for civil service positions4 #f4 ,prioritization of participants in small business programs 7a7 ,in general ,the ,administrator of the ,small ,business ,administration shall prioritize participants in the ,worker ,adaptation and ,training ,program when considering applications for loans and grants from the ,administration1 including under the business loan and microloan programs established under subsections 7a7 and 7m71 respectively1 of section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf74 7b7 ,set-,aside ,in each fiscal year1 the ,administrator of the ,small ,business ,administration shall set aside #a4e percent of amounts appropriated to carry out the business loan program under section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 to provide assistance to participants in the ,worker ,adaptation and ,training ,program4 #g4 ,covered technology impact reports 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,commissioner of ,labor ,statistics1 in consultation with the ,assistant ,secretary of ,labor for ,employment and ,training1 the ,director of the ,national ,institute of ,standards and ,technology1 the ,director of the ,national ,science ,foundation1 and the ,director of the ,bureau of ,economic ,analysis1 shall publish1 and submit to ,congress1 a report regarding the adoption of covered technology1 including-- 7#a7 occupational employment trends1 as determined by the ,commissioner of ,labor ,statistics2 7#b7 a list of at-risk occupations1 as determined by the ,commissioner of ,labor ,statistics1 organized by risk level categories reflecting near-term1 mid-term1 and long-term projections2 7#c7 a list of demographics most likely to be impacted by the adoption of covered technology1 as determined by the ,commissioner of ,labor ,statistics1 including demographics with respect to protected classes1 educational level of attainment1 geographic location1 and earnings2 7#d7 information on consequences of job displacement due to the adoption of covered technology1 as determined by the ,commissioner of ,labor ,statistics1 including on-- 7,a7 employment status or retraining after such displacement2 and 7,b7 changes in position1 field of work1 or earnings after such displacement2 7#e7 information on anticipated advancements in technology adoption that may shape employment and hiring trends2 7#f7 a list of the fastest-growing occupations in the ,united ,states during the preceding year that are-- 7,a7 resilient to displacement or reduced work opportunities as a result of the adoption of covered technology2 and 7,b7 relevant to the national and technological competitiveness of the ,united ,states2 and 7#g7 recommendations for actions to be taken by ,congress to better inform workforce development and employment policies1 including for purposes of identifying-- 7,a7 work skills and occupations that are resilient against the negative impacts of the adoption of covered technology2 7,b7 best practices for skills training efforts and initiatives by employers that enable workers to successfully transition to new positions within workplaces2 7,c7 best practices for skills training efforts and initiatives that enable workers to successfully transition to new positions following a layoff from a prior position2 and 7,d7 best practices for mitigating displacement-related hardships on workers4 7b7 ,definitions ,in this section3 7#a7 ,at-risk occupation ,the term at-risk occupation means a category of jobs or professions that is considered highly susceptible to displacement by the adoption of covered technology4 7#b7 ,protected class ,the term protected class means a group of individuals sharing a common characteristic or identity who are legally protected against discrimination under-- 7,a7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,b7 title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq472 or 7,c7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq474 #h4 ,expansion of ,,warn ,act notices 7a7 ,contents of notice of plant closing or mass layoff ,section #c of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #bajb7 is amended by adding at the end the following3 7e7 ,contents of notice ,the written notice under subsection 7a7 shall-- 7#a7 disclose whether the plant closing or mass layoff is substantially due to the adoption of covered technology 7as defined in section #b of the ,,future of ,workers ,act72 and 7#b7 include information on employee retraining1 unemployment resources1 and transition resources1 including support and services through the ,worker ,adaptation and ,training ,program under section #d of such ,act4 4 7b7 ,increase in notification period ,the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja et seq47 is amended-- 7#a7 in section #c 7#bi ,u4,s4,c4 #bajb7-- 7,a7 in subsection 7a71 by striking #fj-;day and inserting #abj-;day2 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking #fj-;day and inserting #abj-;day2 and 7ii7 in paragraph 7#b77;,a71 by striking #fj-;day and inserting #abj-;day2 and 7#b7 in section #e7;a77#a7 7#bi ,u4,s4,c4 #bajd7;a77#a771 in the matter following subparagraph 7,b71 by striking #fj days and inserting #abj days4 7c7 ,applicability ,the amendments made by this section shall apply with respect to any plant closing or mass layoff that occurs #ahj days after the date of enactment of this ,act4 #i4 ,employer-provided upskilling credit 7a7 ,in general 7#a7 ,determination of credit ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de;,,bb4 ,employee upskilling credit 7a7 ,in general ,for purposes of section #ch1 the employee upskilling credit determined under this section for any taxable year is an amount equal to #be percent of qualified training expenditures for the taxable year4 7b7 ,qualified training expenditures 7#a7 ,in general ,the term qualified training expenditures means any amount paid or incurred by the taxpayer for the qualified training of any employee working in an at-risk occupation to transition them to another occupation4 7#b7 ,exclusion ,the term qualified training expenditures shall not include any amount paid or incurred for meals1 lodging1 transportation1 or any other services which are incidental to qualified training4 7c7 ,other definitions ,in this section-- 7#a7 ,at-risk occupation ,the term at-risk occupation means an occupation listed in the most recently published list under section #g7;a77#b7 of the ,,future of ,workers ,act4 7#b7 ,qualified training 7,a7 ,in general ,in this section1 the term qualified training means training which results in the attainment of a recognized postsecondary credential and which is provided through-- 7i7 a registered apprenticeship1 7ii7 a program of training services which is on a ,state list established under section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d771 7iii7 a program which is conducted by an area career and technical education school1 a community college1 or a labor organization1 or 7iv7 a program which is sponsored and administered by an employer1 industry trade association1 industry or sector partnership1 or labor organization4 7,b7 ,related definitions ,for purposes of subparagraph 7,a73 7i7 ,area career and technical education school ,the term area career and technical education school means such a school1 as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb71 which participates in a program under that ,act 7#bj ,u4,s4,c4 #bcja et seq474 7ii7 ,community college ,the term community college has the meaning given the term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7iii7 ,industry or sector partnership ,the term industry or sector partnership has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7iv7 ,industry trade association ,the term industry trade association means an organization which-- 7,i7 is described in paragraph 7#c7 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code1 and 7,,ii7 is representing an industry4 7v7 ,labor organization ,the term labor organization means a labor organization1 within the meaning of the term in section #eja7;c77#e7 of the ,internal ,revenue ,code of #aihf4 7vi7 ,recognized postsecondary credential ,the term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification1 a certificate of completion of a registered apprenticeship1 a license recognized by the ,state involved or ,federal ,government1 or an associate or baccalaureate degree4 7vii7 ,registered apprenticeship ,the term registered apprenticeship means an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 4 7#b7 ,credit part of general business credit ,section #ch7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking plus at the end of paragraph 7#dj71 by striking the period at the end of paragraph 7#da7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#db7 the employee upskilling credit determined under section #de;,,bb7a74 4 7#c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #de;,,bb4 ,employee upskilling credit4 4 7b7 ,credit allowed against alternative minimum tax ,subparagraph 7,b7 of section #ch7;c77#d7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by redesignating clauses 7x71 7xi71 and 7xii7 as clauses 7xi71 7xii71 and 7xiii71 respectively1 and 7#b7 by inserting after clause 7ix7 the following new clause3 7x7 the credit determined under section #de;,,bb with respect to an eligible small business 7as defined in paragraph 7#e77;,a71 after application of rules similar to the rules of paragraph 7#e77;,b771 4 7c7 ,regulations relating to postsecondary credentials ,not later than #a year after the date of enactment of this ,act-- 7#a7 the ,secretary of ,labor1 in consultation with the ,secretary of the ,treasury1 shall issue regulations or other guidance applying the definition of the term recognized postsecondary credential as provided in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb72 and 7#b7 the ,secretary of the ,treasury1 in consultation with the ,secretary of ,labor1 shall issue regulations or other guidance applying the definition of the term recognized postsecondary credential as provided in section #de;,,bb7c77#b77;,b7 of the ,internal ,revenue ,code of #aihf4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of enactment of this ,act4 #aj4 ,workplace development modernization 7a7 ,in general ,the ,secretary of ,labor shall-- 7#a7 to the extent feasible1 provide virtual opportunities for individuals to participate online in workforce training programs of the ,department of ,labor in order to expand the reach of resources provided by such programs2 and 7#b7 in conjunction with the ,secretary of ,commerce and industry and nonprofit groups determined relevant by the ,secretary of ,labor1 provide additional online resources for job seekers that are available on the website of the ,department of ,labor4 7b7 ,rule of construction ,nothing in this section shall affect any regulatory requirement pursuant to the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq47 addressing the provision of employment services by employees under a merit system4 #aa4 ,excise tax on artificial intelligence services2 worker adaptation trust fund 7a7 ,excise tax ,subtitle ,d of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new chapter3 #ej;,b ,artificial intelligence services ,sec4 #ejjj;,e4 ,tax on artificial intelligence services4 #ejjj;,e4 ,tax on artificial intelligence services 7a7 ,imposition of tax ,in the case of a covered person1 there is imposed a tax for each calendar year in an amount equal to the sum of-- 7#a7 #d percent of so much of the ,united ,states ,,ai receipts of such person for such calendar year as exceeds #ej1jjj1jjj but does not exceed #ejj1jjj1jjj1 7#b7 #f percent of so much of such receipts as exceeds #ejj1jjj1jjj but does not exceed #e1jjj1jjj1jjj1 plus 7#c7 #h percent of so much of such receipts as exceeds #e1jjj1jjj1jjj4 7b7 ,phase-,in ,in the case of the first calendar year beginning after the date of the enactment of this section1 subsection 7a7 shall be applied by substituting #b percent1 #c percent1 and #d percent for #d percent1 #f percent1 and #h percent1 respectively4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,covered artificial intelligence model ,the term covered artificial intelligence model means a model developed through artificial intelligence 7as defined in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja77 and trained using a quantity of computing power greater than or equal to #aj integer or floating-point operations1 as adjusted annually by the ,secretary1 in coordination with the ,secretary of ,commerce1 to reflect changes in the efficiency of training methods4 ,such term includes any model the ,secretary determines demonstrates capabilities substantially equivalent to models otherwise described in this paragraph4 7#b7 ,covered person ,the term covered person means any person engaged in a trade or business of providing qualifying artificial intelligence services to ,united ,states customers1 determined without regard to the place of organization1 incorporation1 residence1 or management of such person4 ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb shall be treated as #a person for purposes of this section4 7#c7 ,qualifying artificial intelligence services ,the term qualifying artificial intelligence services means-- 7,a7 providing access to a covered artificial intelligence model1 including through an application programming interface or a paid subscription1 7,b7 licensing1 deploying1 hosting1 integrating1 or operating a covered artificial intelligence model for1 or on behalf of1 another person1 and 7,c7 any other service the commercial value of which is substantially attributable to a covered artificial intelligence model1 as determined by the ,secretary1 except that such term shall not include any service with respect to which functionality attributable to a covered artificial intelligence model is incidental to the primary value of the offering4 7#d7 ,united ,states ,,ai receipts 7,a7 ,in general ,the term ,united ,states ,,ai receipts means gross receipts derived from qualifying artificial intelligence services provided to ,united ,states customers1 reduced by amounts paid or incurred to another covered person with ,united ,states ,,ai receipts in excess of #ej1jjj1jjj for qualifying artificial intelligence services resold1 or incorporated into qualifying artificial intelligence services provided1 to ,united ,states customers4 7,b7 ,exception ,the term ,united ,states ,,ai receipts shall not include amounts received under a contract with the ,federal ,government for the provision of qualifying artificial intelligence services to the ,federal ,government4 7#e7 ,united ,states customer ,the term ,united ,states customer means any person with respect to which the service involved is primarily used or consumed in the ,united ,states1 as determined under regulations or other guidance prescribed by the ,secretary4 7d7 ,exemption ,no tax shall be imposed under this section on-- 7#a7 any organization exempt from tax under section #eja7;a71 or 7#b7 any institution of higher education 7as defined in section #aja or #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja1 #ajjb774 7e7 ,payment2 returns ,the tax imposed by subsection 7a7 shall be paid in quarterly installments at such times1 and reported on such returns and in such manner1 as the ,secretary shall prescribe4 ,no return shall be required of any covered person with no liability under subsection 7a7 for the calendar year4 7f7 ,regulations ,the ,secretary shall prescribe such regulations and other guidance as may be necessary to carry out this section1 including regulations providing for-- 7#a7 the allocation of the tax imposed by subsection 7a7 among persons treated as #a person under subsection 7c77#b71 7#b7 the attribution of gross receipts in the case of offerings with both qualifying and non-qualifying components1 and 7#c7 the prevention of avoidance of this section through the fragmentation of activities1 the restructuring of customer arrangements1 or the mischaracterization of receipts4 4 7b7 ,denial of deduction ,section #bge7;a7 of the ,internal ,revenue ,code of #aihf is amended by inserting after paragraph 7#f7 the following new paragraph3 7#g7 ,taxes imposed by chapter #ej;,b4 4 7c7 ,worker adaptation trust fund ,subchapter ,a of chapter #ih of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ieab4 ,worker adaptation trust fund 7a7 ,creation of trust fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,worker ,adaptation ,trust ,fund1 consisting of such amounts as may be appropriated or credited to such ,trust ,fund as provided in this section or section #ifjb7;b74 7b7 ,transfers to trust fund ,there are hereby appropriated to the ,worker ,adaptation ,trust ,fund amounts equivalent to the taxes received in the ,treasury under section #ejjj;,e4 7c7 ,expenditures ,amounts in the ,worker ,adaptation ,trust ,fund shall be available1 as provided in appropriation ,acts-- 7#a7 to carry out the ,worker ,adaptation and ,training ,program established under section #d of the ,,future of ,workers ,act1 and 7#b7 to the extent amounts in the ,trust ,fund for a fiscal year exceed the amounts necessary for the purpose described in paragraph 7#a7 for such fiscal year1 for supplemental child care1 elder care1 and workforce development programs serving populations affected by automation technologies or artificial intelligence4 4 7d7 ,clerical amendments 7#a7 ,the table of chapters for subtitle ,d of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,chapter #ej;,b--,artificial intelligence services4 7#b7 ,the table of sections for subchapter ,a of chapter #ih of such ,code is amended by adding at the end the following new item3 ,sec4 #ieab4 ,worker adaptation trust fund4 7e7 ,effective date ,the amendments made by this section shall apply to calendar years beginning after the date of the enactment of this ,act4 #ab4 ,worker adaptation contributions2 excess displacement accountability 7a7 ,worker adaptation contributions ,subtitle ,c of the ,internal ,revenue ,code of #aihf is amended by inserting after chapter #bc;,a the following new chapter3 #bc;,b ,worker adaptation contributions ,sec4 #ccbd4 ,worker adaptation contribution4 #ccbd4 ,worker adaptation contribution 7a7 ,imposition ,there is hereby imposed on every covered employer for each calendar quarter a contribution equal to the product of-- 7#a7 the applicable contribution rate of such employer for such quarter1 and 7#b7 the total wages paid by such employer during such quarter with respect to employment within the ,united ,states4 7b7 ,applicable contribution rate ,for purposes of this section-- 7#a7 ,in general ,the applicable contribution rate of a covered employer for each calendar quarter of a calendar year is the displacement ratio of such employer for the computation period applicable to such calendar year1 rounded to the nearest #a_/aj of #a percent1 except that such rate shall not exceed the maximum rate4 7#b7 ,displacement ratio ,the term displacement ratio means1 with respect to an employer for any period1 the ratio of-- 7,a7 the aggregate amounts charged to such employer under subsection 7d7 for such period1 to 7,b7 the total wages paid by such employer during such period4 7#c7 ,computation period ,the term computation period means1 with respect to any calendar year1 the #ab-;calendar-quarter period ending on ,june #cj of the preceding calendar year4 7#d7 ,maximum rate ,the term maximum rate means #b percent4 7#e7 ,employers without chargeable experience ,the applicable contribution rate of a covered employer to which no amount has been charged under subsection 7d7 for the computation period shall be zero4 7#f7 ,notice of rates ,not later than ,october #ae of each calendar year1 the ,secretary shall notify each covered employer of the applicable contribution rate of such employer for the following calendar year4 7c7 ,definitions ,for purposes of this chapter-- 7#a7 ,covered employer ,the term covered employer means any employer other than a small business concern1 as defined in section #ejjj;,f7h74 7#b7 ,covered worker ,the term covered worker means a covered worker 7as defined in section #d7;a7 of the ,,future of ,workers ,act7 who is described in paragraph 7#b77;,a77ii77,i7 of such section and was terminated as described in such paragraph by a covered employer4 7#c7 ,employer2 employment ,the respective meaning of the terms employer and employment shall be determined under rules similar to the rules of section #caba4 7#d7 ,responsible employer ,the term responsible employer means the covered employer that terminated a covered worker as described in section #d7;a77#b77;,a77ii77,i7 of the ,,future of ,workers ,act1 as identified in the worker's attestation under section #d7;a77#b77;,a7 of the ,,future of ,workers ,act and verified in such manner as the ,secretary of ,labor shall prescribe4 7#e7 ,wages ,the term wages has the meaning given such term by section #caba7;a71 determined without regard to any dollar limitation on the amount of remuneration treated as wages4 7d7 ,charging 7#a7 ,in general ,there shall be charged to each responsible employer the costs of the benefits and services provided under section #d of the ,,future of ,workers ,act to each covered worker1 with respect to the responsible employer1 determined eligible for such benefits and services under such section1 as certified by the ,secretary of ,labor to the ,secretary at such times and in such manner as such ,secretaries shall jointly prescribe4 7#b7 ,noncharging ,no amount shall be charged under this subsection with respect to a termination-- 7,a7 attributable to the sale or divestiture of a trade or business 7or a substantial portion thereof71 except as provided by the ,secretary of ,labor to prevent the avoidance of this section1 7,b7 occurring while the employer is a debtor in a case under title #aa1 ,united ,states ,code1 or 7,c7 attributable to natural disaster or such other circumstances beyond the control of the employer as the ,secretary of ,labor may prescribe4 7#c7 ,notice and opportunity to contest ,the ,secretary of ,labor shall provide each responsible employer notice of each charge proposed under this subsection and an opportunity to contest1 in such manner and within such time as the ,secretary of ,labor shall prescribe1 whether the termination involved is chargeable to such employer1 including on the ground that the termination was not attributable to covered technology as defined in section #b of the ,,future of ,workers ,act or that the worker was not terminated from such employer4 ,any charge not successfully contested shall be final for purposes of this section4 7#d7 ,quarterly statements of charges ,the ,secretary of ,labor shall provide to each responsible employer1 not later than #de days after the close of each calendar quarter1 a statement of the amounts charged to such employer under this subsection for such quarter4 7e7 ,protection of workers ,no determination with respect to the eligibility of any worker for1 or the amount or timing of1 any benefit or service under section #d of the ,,future of ,workers ,act shall be delayed1 conditioned1 or reduced by reason of any dispute or contest concerning the charging of costs under this section1 and the resolution of any such dispute or contest shall affect only the charging of costs to the responsible employer and not the entitlement of any worker to any such benefit or service4 7f7 ,successorship2 anti-,manipulation 7#a7 ,transfer of experience ,if an employer transfers its trade or business 7or a portion thereof7 to another person1 and there is substantially common ownership1 management1 or control of the transferor and transferee1 the charging experience and wage history attributable to the transferred trade or business shall be transferred to the transferee4 ,in any other transfer of a trade or business1 such experience and history shall be transferred to the extent provided by the ,secretary4 7#b7 ,prohibited rate manipulation ,if a person transfers or acquires a trade or business solely or primarily for the purpose of obtaining a lower applicable contribution rate1 the applicable contribution rate of each person party to the transaction shall be determined without regard to the transaction1 and each such person shall pay a penalty of #aj1jjj for each calendar quarter to which such determination applies4 7#c7 ,aggregation ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb1 or subsection 7m7 or 7o7 of section #dad1 shall be treated as #a employer for purposes of this chapter4 7g7 ,election by nonprofit and governmental employers ,to reimburse in lieu of contributions 7#a7 ,in general ,any entity described in paragraph 7#b7 may elect1 at such time and in such manner as the ,secretary shall prescribe1 to pay for each calendar quarter1 in lieu of the contribution imposed by subsection 7a71 an amount equal to the amounts charged to such employer under subsection 7d7 for such quarter4 7#b7 ,entity described ,an entity described in this paragraph is-- 7,a7 an organization which is described in section #eja7;c77#c7 and exempt from tax under section #eja7;a71 or 7,b7 a ,state1 a political subdivision of a ,state1 an ,indian tribe 7as defined in section #de;,a7c77#f771 a ,native ,hawaiian organization 7as defined in section #fbjg of the ,native ,hawaiian ,education ,act 7#bj ,u4,s4,c4 #geag771 or an instrumentality of any of the foregoing4 7#c7 ,treatment of payments ,amounts payable under paragraph 7#a7 shall be assessed1 collected1 deposited1 and administered in the same manner as contributions imposed by subsection 7a71 except that the maximum rate shall not apply to such amounts4 7#d7 ,duration ,an election under this subsection shall remain in effect for not fewer than #h consecutive calendar quarters and thereafter until revoked in such manner as the ,secretary shall prescribe4 7#e7 ,united ,states ,the ,united ,states and any instrumentality thereof shall be treated as having an election in effect under this subsection4 7#f7 ,section #ejjj;,f inapplicable ,section #ejjj;,f shall not apply to any employer with an election in effect under this subsection4 7h7 ,payment2 returns ,contributions imposed by this section shall be paid quarterly at the time prescribed for the return of taxes imposed by section #caaa1 and shall be reported on such returns and in such manner as the ,secretary shall prescribe4 7i7 ,deposit ,amounts received in the ,treasury under this section shall be deposited in the ,worker ,adaptation ,trust ,fund established under section #ieab4 7j7 ,regulations ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall prescribe such regulations and other guidance as may be necessary to carry out this chapter1 including regulations governing the computation and notice of applicable contribution rates1 the resolution of charging disputes1 and the prevention of avoidance of this chapter4 4 7b7 ,excess displacement accountability ,chapter #ej;,b of the ,internal ,revenue ,code of #aihf1 as added by section #aa of this ,act1 is amended by adding at the end the following new section3 #ejjj;,f4 ,excess displacement accountability 7a7 ,imposition of tax ,there is hereby imposed on each employer1 for each calendar quarter of the restitution period with respect to each eliminated position of such employer1 a tax equal to the amount of tax that would have been imposed under sections #caaa and #ccja 7determined without regard to the credits allowed under section #ccjb7 for such quarter with respect to the baseline compensation allocable to such position if such position had not been eliminated4 7b7 ,reduction in tax ,the aggregate tax imposed by subsection 7a7 on an employer for any calendar quarter shall be reduced 7but not below zero7 by the amount of contributions paid by the employer under section #ccbd for such quarter4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,restitution period ,the term restitution period means1 with respect to an eliminated position1 the #e-year period beginning on the date of the elimination of such position1 reduced as provided in subsection 7d74 7#b7 ,eliminated position 7,a7 ,in general ,the term eliminated position means each domestic full-time equivalent position by which the domestic full-time equivalent employment of an employer during a saturation period falls below the domestic full-time equivalent employment of such employer as of the first day of such saturation period1 identified1 and determined with appropriate adjustments for seasonal variation1 under regulations prescribed by the ,secretary4 7,b7 ,contractor substitution ,the termination of employees accompanied by the substitution of independent contractors1 or of workers provided by a staffing or outsourcing agency1 performing substantially similar services shall be treated as an elimination of positions and shall not be treated as a restoration4 7,c7 ,baseline compensation ,the term baseline compensation means1 with respect to an eliminated position1 the annual rate of wages and benefits in effect for such position on the date of the elimination4 7,d7 ,domestic full-time equivalent employment ,the domestic full-time equivalent employment of an employer shall be determined under regulations prescribed by the ,secretary1 on the basis of hours of service of employees within the ,united ,states4 7#c7 ,saturation period 7,a7 ,in general ,the term saturation period means any period of #a or more consecutive calendar years for each of which the uncapped displacement ratio of the employer exceeds the maximum rate 7as defined in section #ccbd7;b77#d774 7,b7 ,uncapped displacement ratio ,the term uncapped displacement ratio means1 for any calendar year1 the displacement ratio determined under section #ccbd7;b77#b7 for the computation period applicable to such calendar year1 determined without regard to the maximum rate4 7d7 ,abatement upon restoration 7#a7 ,in general ,for each domestic full-time equivalent position restored by the employer at an annual rate of wages and benefits equal to or greater than the baseline compensation of an eliminated position 7matched under regulations prescribed by the ,secretary71 no tax shall be imposed under subsection 7a7 with respect to such eliminated position for calendar quarters beginning after the date of the restoration4 7#b7 ,sustained restoration2 recapture ,paragraph 7#a7 shall apply with respect to a restored position only if such position is maintained for #d consecutive calendar quarters4 ,if a restored position is eliminated during the #bd-month period beginning on the date of the restoration1 any amount not imposed by reason of paragraph 7#a7 shall be assessed1 with interest determined under section #ffba1 and the restitution period with respect to such position shall be applied without regard to the period of the restoration4 7e7 ,additional corporate surtax during saturation ,in the case of an employer which is a ,c corporation1 for each of the #c taxable years beginning with the taxable year in which a saturation period of such employer begins1 the tax imposed by chapter #a shall be increased by an amount equal to the sum of-- 7#a7 #b percent of so much of the taxable income of such employer for the taxable year as does not exceed #ajj1jjj1jjj1 7#b7 #d percent of so much of such taxable income as exceeds #ajj1jjj1jjj but does not exceed #a1jjj1jjj1jjj1 and 7#c7 #f percent of so much of such taxable income as exceeds #a1jjj1jjj1jjj4 7f7 ,recapture of accelerated cost recovery 7#a7 ,in general ,the tax imposed by chapter #a on an employer for the taxable year in which a saturation period of such employer begins shall be increased by the aggregate excess of-- 7,a7 the deductions allowed by reason of sections #afh7k7 and #agi with respect to automation assets placed in service by the employer during the #e-taxable-year period ending with such taxable year 7other than any asset previously taken into account under this subsection71 over 7,b7 the deductions that would have been allowed with respect to such assets for such period under the alternative depreciation system of section #afh7;g74 7#b7 ,basis adjustment ,proper adjustment shall be made to the basis of any asset to which paragraph 7#a7 applies1 under regulations prescribed by the ,secretary4 7#c7 ,automation asset ,the term automation asset means property 7whether tangible or intangible1 whether or not owned by the taxpayer1 and including rights of use or access under a license1 subscription1 or service arrangement7 the primary function of which is to perform1 through automation technologies or artificial intelligence 7as defined in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja771 #a or more tasks previously performed by employees of the taxpayer1 including autonomous industrial robotics1 systems incorporating a covered artificial intelligence model 7as defined in section #ejjj;,e7c77#e771 and autonomous logistics systems4 7g7 ,aggregation2 anti-,arbitrage ,rules similar to the rules of section #ccbd7;f7 shall apply for purposes of this section1 and any transfer of automation assets1 functions1 or employees between persons treated as #a employer under such rules shall be disregarded in determining the occurrence or duration of a saturation period and the identification of eliminated positions4 7h7 ,exemption for small business concerns ,this section shall not apply to any person that is a small business concern 7within the meaning of section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7i7 ,payment2 returns ,the tax imposed by subsection 7a7 shall be paid quarterly at the time prescribed for the return of taxes imposed by section #caaa1 and shall be reported on such returns and in such manner as the ,secretary shall prescribe4 7j7 ,deposit of amounts ,the portion of the amounts received in the ,treasury under this section which is attributable to the taxes described in section #caaa shall be credited to the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund1 the ,federal ,disability ,insurance ,trust ,fund1 and the ,federal ,hospital ,insurance ,trust ,fund in the same manner as if such amounts were taxes received under such section1 and the remainder shall be deposited in the ,worker ,adaptation ,trust ,fund established under section #ieab4 7k7 ,regulations ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall prescribe such regulations and other guidance as may be necessary to carry out this section1 including regulations governing the identification and matching of eliminated and restored positions1 the determination of wage and benefit equivalence1 and the prevention of avoidance of this section4 4 7c7 ,denial of accelerated cost recovery during saturation periods 7#a7 ,bonus depreciation ,section #afh7k77#b7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,i7 ,exclusion of certain automation assets ,the term qualified property shall not include any automation asset 7as defined in section #ejjj;,f7f77#c77 placed in service during a saturation period 7as defined in section #ejjj;,f7c77 of the taxpayer4 4 7#b7 ,alternative depreciation system required ,section #afh7;g77#a7 of such ,code is amended by striking and at the end of subparagraph 7,f71 by inserting and at the end of subparagraph 7,g71 and by inserting after subparagraph 7,g7 the following new subparagraph3 7,h7 any automation asset 7as defined in section #ejjj;,f7f77#c77 placed in service during a saturation period 7as defined in section #ejjj;,f7c77 of the taxpayer1 4 7#c7 ,section #agi property ,section #agi7;d77#a7 of such ,code is amended by adding at the end the following3 ,such term shall not include any automation asset 7as defined in section #ejjj;,f7f77#c77 placed in service during a saturation period 7as defined in section #ejjj;,f7c77 of the taxpayer44 7d7 ,information sharing 7#a7 ,certification by the ,secretary of ,labor ,the ,secretary of ,labor shall certify to the ,secretary of the ,treasury1 at such times and in such manner as such ,secretaries shall jointly prescribe1 the eligibility determinations1 charges1 and terminations determined under section #d of this ,act and section #ccbd of the ,internal ,revenue ,code of #aihf 7as added by this section74 7#b7 ,disclosure of return information ,section #fajc7l7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#bc7 ,disclosure of return information for administration of worker adaptation contributions 7,a7 ,in general ,the ,secretary may1 upon written request from the ,secretary of ,labor1 disclose to officers and employees of the ,department of ,labor return information with respect to any employer or worker 7including taxpayer identity information1 information on wages reported under section #fjea1 and information with respect to contributions and charges under chapter #bc;,b7 only for purposes of1 and to the extent necessary in1 the administration of section #ccbd and section #d of the ,,future of ,workers ,act1 including the verification of worker attestations and the determination and charging of costs under section #ccbd7;c74 7,b7 ,restriction on use and redisclosure ,return information disclosed under subparagraph 7,a7 may be used by officers and employees of the ,department of ,labor only for the purposes described in such subparagraph and may not be disclosed to any other person except as otherwise authorized by this section4 4 7#c7 ,safeguards ,section #fajc7p77#d7 of such ,code is amended by inserting 1 7l77#bc7 after 7l77#bb7 each place it appears4 7e7 ,clerical amendments 7#a7 ,the table of chapters for subtitle ,c of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to chapter #bc;,a the following new item3 #bc;,b ,worker adaptation contributions 4 7#b7 ,the table of sections for chapter #ej;,b of such ,code1 as added by section #aa of this ,act1 is amended by adding at the end the following new item3 #ejjj;,f4 ,excess displacement accountability 4 7f7 ,effective dates 7#a7 ,contributions ,the amendments made by subsection 7a7 shall apply to calendar years beginning after the date that is #a year after the date of the enactment of this ,act4 7#b7 ,excess displacement accountability ,the amendments made by subsections 7b7 and 7c7 shall apply to saturation periods beginning after the date described in paragraph 7#a71 except that no automation asset placed in service on or before the date of the enactment of this ,act shall be taken into account under section #ejjj;,f7f7 of the ,internal ,revenue ,code of #aihf1 as added by this section4