SenateS. 5664119th Congress

FUTURE of Workers Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5664 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 5664

   To provide for the retraining and support of workers displaced by 
automation technologies or artificial intelligence, to require Federal 
action during periods of elevated unemployment, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2026

Mr. Schatz (for himself and Mr. Booker) introduced the following bill; 
     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 intelligence, to require Federal 
action during periods of elevated unemployment, 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.

    This Act may be cited as the ``Federal Undertaking to Track, 
Upskill, and Retrain for Employment of Workers Act'' or the ``FUTURE of 
Workers Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Artificial intelligence.--The term ``artificial 
        intelligence'' has the meaning given the term in section 5002 
        of the National Artificial Intelligence Initiative Act of 2020 
        (15 U.S.C. 9401).
            (2) Covered technology.--The term ``covered technology'' 
        means automation technologies or artificial intelligence.

SEC. 3. GOVERNMENT ACTION DURING PERIODS OF UNEMPLOYMENT.

    The Employment Act of 1946 (15 U.S.C. 1021 et seq.) is amended by 
adding at the end the following:

``SEC. 12. GOVERNMENT ACTION DURING PERIODS OF UNEMPLOYMENT.

    ``(a) Definitions.--In this subsection:
            ``(1) Agency.--The term `agency' has the meaning given the 
        term in section 551 of title 5, United States Code.
            ``(2) Quarter.--The term `quarter' means one of the 
        following 3-month periods:
                    ``(A) January through March.
                    ``(B) April through June.
                    ``(C) July through September.
                    ``(D) October through December.
            ``(3) Rate of unemployment.--The term `rate of 
        unemployment' means, with respect to a quarter, the average of 
        the seasonally adjusted national monthly rates of total 
        unemployment for the 3 months of the quarter, as published by 
        the Commissioner of Labor Statistics.
    ``(b) 6 Percent Unemployment.--During the period beginning on the 
date on which the Secretary of Labor determines that the rate of 
unemployment has exceeded 6 percent during 2 consecutive quarters and 
ending on the date on which the Secretary of Labor determines that the 
rate of unemployment has been less than 6 percent for 2 consecutive 
quarters, 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 loan.
    ``(c) 7.5 Percent Unemployment.--During the period beginning on the 
date on which the Secretary of Labor determines that the rate of 
unemployment has exceeded 7.5 percent during 2 consecutive quarters and 
ending on the date on which the Secretary of Labor determines that the 
rate of unemployment has been less than 7.5 percent for 2 consecutive 
quarters--
            ``(1) 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 Cabinet;
            ``(2) the Comptroller General of the United States shall--
                    ``(A) conduct a review of the activities of each 
                agency; and
                    ``(B) provide recommendations on how to alter those 
                activities to incentivize public and private sector 
                employment; and
            ``(3) 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 424(a) of the Congressional Budget Act 
        of 1974 (2 U.S.C. 658c(a)) during that period with respect to 
        anticipated employment impacts.
    ``(d) 9 Percent Unemployment.--During the period beginning on the 
date on which the Secretary of Labor determines that the rate of 
unemployment has exceeded 9 percent during 2 consecutive quarters and 
ending on the date on which the Secretary of Labor determines that the 
rate of unemployment has been less than 9 percent for 2 consecutive 
quarters, the Board of Governors of the Federal Reserve System shall 
prioritize the maximum employment mandate of the Federal Reserve System 
in its activities.''.

SEC. 4. WORKER ADAPTATION AND TRAINING PROGRAM.

    (a) Definitions.--In this section:
            (1) Covered worker.--The term ``covered worker'' means a 
        worker whom the Secretary determines--
                    (A) has attested that--
                            (i) the worker's employment (or, for a 
                        recent graduate, their planned employment) has 
                        been terminated or otherwise impacted by the 
                        adoption of covered technology rather than for 
                        cause; and
                            (ii)(I) for a worker who is not a recent 
                        graduate, the termination or impact occurred 
                        within the 1-year period ending on the date of 
                        the determination under this paragraph; or
                            (II) the worker is a recent graduate as of 
                        the date of the determination under this 
                        paragraph; or
                    (B) is employed, or otherwise engaged in labor or 
                services for remuneration, in a position that is an at-
                risk occupation listed in the most recently published 
                list under section 7(a)(2).
            (2) 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 employee.
            (3) In-demand industry sector or occupation.--The term 
        ``in-demand industry sector or occupation'' has the meaning 
        given the term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (5) Local area; local board; one-stop operator.--The terms 
        ``local area'', ``local board'', and ``one-stop operator'' have 
        the meanings given such terms in section 3 of the Workforce 
        Innovation and Opportunity Act.
            (6) Recent graduate.--The term ``recent graduate'' means an 
        individual who has successfully completed all requirements for 
        a postsecondary degree, diploma, certificate, or recognized 
        vocational or professional training program at an institution 
        of higher education during the preceding 1-year period.
            (7) Registered apprenticeship.--The term ``registered 
        apprenticeship'' means an apprenticeship registered under the 
        Act of August 16, 1937 (commonly known as the ``National 
        Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 
        et seq.).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (9) State agency.--The term ``State agency'' has the 
        meaning given the term in section 2 of the Wagner-Peyser Act 
        (29 U.S.C. 49a).
            (10) State board; training services.--The terms ``State 
        board'' and ``training services'' have the meanings given such 
        terms in section 3 of the Workforce Innovation and Opportunity 
        Act.
            (11) Worker.--The term ``worker'' includes an employee, an 
        independent contractor, a gig worker, an unemployed individual, 
        and a recent graduate.
    (b) General Authority.--
            (1) In general.--The Secretary of Labor shall establish and 
        administer, within the United States Employment Service, a 
        Worker Adaptation and Training Program (referred to in this 
        section as the ``Program''), through which the Secretary shall 
        provide each eligible worker as determined under subsection 
        (d)(1) participating in the Program the services and support 
        described in subsection (d)(3).
            (2) Administration.--In administering the Program, the 
        Secretary shall, to the maximum extent practicable and, as 
        applicable, through agreements with State agencies, State 
        boards, local boards, and one-stop operators, deliver such 
        services and support through existing workforce development 
        infrastructure, including one-stop delivery systems under 
        section 121 of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3151) and State employment service offices.
    (c) In-Demand Industry Sectors and Occupations.--
            (1) Review.--In consultation with the Assistant Secretary 
        of Labor for Employment and Training and the Commissioner of 
        Labor Statistics, the Secretary shall--
                    (A) review the in-demand industry sectors and 
                occupations specified in State plans under section 
                102(b)(1)(A)(i) of the Workforce Innovation and 
                Opportunity Act (29 U.S.C. 3112(b)(1)(A)(i)); and
                    (B) actively monitor the skill needs for such 
                sectors and occupations and corresponding relevant 
                opportunities for training services.
            (2) Retraining projects.--As a result of the review under 
        paragraph (1), the Secretary shall utilize available funding 
        under this Act to create new, or to expand or supplement 
        existing, retraining projects with training services in in-
        demand industry sectors or occupations, including in various 
        local areas, to train participants in the Program for labor 
        market needs.
            (3) Directory.--In carrying out this section, the Secretary 
        shall maintain a directory of retraining projects described in 
        this subsection, and actively work to place participants in the 
        Program in those projects.
            (4) Collaboration.--In carrying out this subsection, the 
        Secretary shall collaborate with labor-management partnerships 
        and labor organizations, and assist in the creation of such 
        partnerships and labor organization-run retraining projects, 
        including registered apprenticeships.
    (d) Eligible Workers.--
            (1) Applications.--To be eligible to participate in the 
        Program, a worker shall--
                    (A) be actively seeking employment, on the date on 
                which the worker submits an application under 
                subparagraph (B); and
                    (B) submit an application to the Secretary at such 
                time, in such manner, and containing such information 
                as the Secretary may require, including--
                            (i) information on their work experience, 
                        including their title, job responsibilities, 
                        and work location, on their educational 
                        history, and on their dependents; and
                            (ii) attestations that--
                                    (I) the worker is a covered worker;
                                    (II) the worker will be either 
                                receiving training services or actively 
                                seeking employment while in the 
                                Program; and
                                    (III) the worker is not receiving 
                                unemployment compensation under Federal 
                                or State law, or will stop receiving 
                                such compensation if accepted to 
                                participate in the Program.
            (2) Decision on applications.--Not later than 30 days after 
        receiving an application under paragraph (1)(B), the Secretary 
        shall review, and approve or deny, the application.
            (3) Services and support.--A participant in the Program 
        shall receive--
                    (A) individual career counseling, which may include 
                staff-assisted services described in section 
                652.207(b)(2)(iii) of title 20, Code of Federal 
                Regulations, and provided under section 7 of the 
                Wagner-Peyser Act (29 U.S.C. 49f);
                    (B) retraining in an in-demand industry sector or 
                occupation through training services (in which the 
                participant may immediately enroll once approved for 
                participation in the Program);
                    (C) if relocation is required for participation in 
                the Program or for placement in qualified employment as 
                described in paragraph (5)(A), a one-time payment of 
                relocation assistance in an amount of not more than 
                $10,000 (which maximum amount shall be adjusted each 
                year for inflation beginning 1 year after the date of 
                enactment of this Act);
                    (D) when not placed in qualified employment as 
                described in paragraph (5)(A), financial assistance, to 
                be known as ``New Foundations Support Payments'', which 
                shall be made monthly and in an amount that, calculated 
                annually--
                            (i) in the case of a recent graduate, shall 
                        be not more than the State median wage for the 
                        State in which the participant resides; and
                            (ii) in the case of a participant who is 
                        not a recent graduate, shall be not more than 
                        85 percent of the participant's income in the 
                        full calendar year preceding--
                                    (I) in the case of a worker 
                                described in subsection 
                                (a)(2)(A)(ii)(I), the date of the 
                                termination or impact involved; or
                                    (II) in the case of a worker 
                                described in subsection (a)(2)(B), the 
                                date on which the worker applies for 
                                participation in the Program;
                    (E) at the option of the State in which the 
                participant resides, medical assistance for the 
                participant and dependents of the participant under the 
                State plan (or a waiver of such plan) under title XIX 
                of the Social Security Act (42 U.S.C. 1396 et seq.), in 
                accordance with the amendments made by paragraph (4);
                    (F) if applicable, wage replacement assistance in 
                accordance with paragraph (5)(B); and
                    (G) ongoing information from the Secretary on 
                entrepreneurship resources provided by the Small 
                Business Administration, including information related 
                to--
                            (i) the loan and grant programs of the 
                        Small Business Administration, including the 
                        business loan and microloan programs under 
                        subsections (a) and (m), respectively, of 
                        section 7 of the Small Business Act (15 U.S.C. 
                        636), and applicable set-aside funds for 
                        participants in the Program; and
                            (ii) assistance provided by resource 
                        partners of the Small Business Administration, 
                        including--
                                    (I) small business development 
                                centers described in section 21 of the 
                                Small Business Act (15 U.S.C. 648);
                                    (II) women's business centers 
                                described in section 29 of that Act (15 
                                U.S.C. 656);
                                    (III) the Service Corps of Retired 
                                Executives under section 8(b)(1) of 
                                that Act (15 U.S.C. 637(b)(1)); and
                                    (IV) the Veteran Business Outreach 
                                Centers described in section 32 of that 
                                Act (15 U.S.C. 657b).
            (4) Optional medicaid coverage for watp participants and 
        their dependents.--
                    (A) In general.--Section 1902(a)(10)(A)(ii) of the 
                Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is 
                amended--
                            (i) in subclause (XXII), by striking ``or'' 
                        after the semicolon;
                            (ii) in subclause (XXIII), by inserting 
                        ``or'' after the semicolon; and
                            (iii) by inserting after subclause (XXIII) 
                        the following:
                                    ``(XXIV) who are described in 
                                subsection (zz) (relating to 
                                participants in the Worker Adaptation 
                                and Training Program and their 
                                dependents);''.
                    (B) Group described.--Section 1902 of the Social 
                Security Act (42 U.S.C. 1396a) is amended by adding at 
                the end the following:
    ``(zz) WATP Participants and Dependents.--
            ``(1) In general.--Individuals described in this subsection 
        are individuals who--
                    ``(A) are not described in subsection 
                (a)(10)(A)(i);
                    ``(B) are participants in the Worker Adaptation and 
                Training Program established in section 4 of the FUTURE 
                of Workers Act who, subject to paragraph (2), have not 
                been placed in qualified employment (as described in 
                section 4(d)(5)(A) of such Act) or are dependents of 
                such participants; and
                    ``(C) are not otherwise covered under creditable 
                coverage, as defined in section 2704(c) of the Public 
                Health Service Act.
            ``(2) Extension of eligibility for 6 months after placement 
        in qualified employment.--An individual described in paragraph 
        (1), and any dependent of such an individual, for whom a State 
        has elected to provide medical assistance under the State plan 
        approved under this title (or a waiver of such plan) shall 
        remain eligible for medical assistance during the 6-month 
        period that begins on the date the individual is placed in, and 
        begins, qualified employment (as described in section 
        4(d)(5)(A) of the FUTURE of Workers Act), without any 
        reapplication for benefits under the State plan (or waiver).''.
                    (C) Exclusion from income limitation.--Section 
                1903(f)(4) of the Social Security Act (42 U.S.C. 
                1396b(f)(4)) is amended by inserting 
                ``1902(a)(10)(A)(ii)(XXIV),'' after 
                ``1902(a)(10)(A)(ii)(XXII),''.
                    (D) Definition of medical assistance.--Section 
                1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) 
                is amended in the matter preceding paragraph (1)--
                            (i) in clause (xvii), by striking ``or'' 
                        after ``such subsection'';
                            (ii) in clause (xviii), by inserting ``or'' 
                        after ``age'';
                            (iii) by inserting after clause (xviii) the 
                        following:
            ``(xiv) individuals described in section 1902(zz),''; and
                            (iv) by realigning the left margins of 
                        clauses (xvi) and (xviii) so they align with 
                        the left margin of clause (xvii).
                    (E) Presumptive eligibility option.--Section 
                1920(e) of such Act (42 U.S.C. 1396r-1(e)) is amended 
                by striking ``or clause (ii)(XX)'' and inserting 
                ``clause (ii)(XX), or clause (ii)(XXIV)''.
            (5) Wage replacement assistance.--
                    (A) Qualified employment.--For purposes of this 
                subparagraph, a participant or former participant of 
                the Program shall be considered to be placed in 
                qualified employment if--
                            (i) the individual is a participant who 
                        receives training services through an 
                        employment position in the Program, such as a 
                        registered apprenticeship or on-the-job 
                        training position; or
                            (ii) the individual is a former participant 
                        who, after receiving training services through 
                        the Program that prepare the individual for a 
                        position in an in-demand industry sector or 
                        occupation, is placed in such a position.
                    (B) Payments.--
                            (i) In general.--Except as provided in 
                        clause (ii), in the case of an individual who 
                        is placed in qualified employment as described 
                        in subparagraph (A) and is not a recent 
                        graduate, the Secretary shall pay to such 
                        individual--
                                    (I) for each of the first 3 years 
                                of the qualified employment, 75 percent 
                                of the difference between--
                                            (aa) the wages received by 
                                        the individual for the position 
                                        of such qualified employment 
                                        for such year; and
                                            (bb) wages received by the 
                                        individual calculated for 1 
                                        year based on--

                                                    (AA) in the case of 
                                                a worker described in 
                                                subsection 
                                                (a)(2)(A)(ii)(I), 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 impact; 
                                                or

                                                    (BB) in the case of 
                                                a worker described in 
                                                subsection (a)(2)(B), 
                                                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 
                                                Program;

                                    (II) for the fourth year of the 
                                qualified employment, 50 percent of 
                                such difference; and
                                    (III) for the fifth year of the 
                                qualified employment, 25 percent of 
                                such difference.
                            (ii) Limitation.--No payment shall be made 
                        under this subparagraph to an individual for a 
                        year if, for that year, 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 1 year based on--
                                    (I) in the case of a worker 
                                described in subsection 
                                (a)(2)(A)(ii)(I), 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 impact; or
                                    (II) in the case of a worker 
                                described in subsection (a)(2)(B), 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 
                                Program.
                    (C) State or local government employers.--
                            (i) In general.--If an individual described 
                        in subparagraph (A) is placed in qualified 
                        employment with a State or local government, 
                        the Secretary shall, for a period of 5 years 
                        beginning on the date of the placement, pay to 
                        the corresponding government 25 percent of the 
                        cost of their wages and fringe benefits.
                            (ii) Nondisplacement.--A State or local 
                        government shall not receive payments under 
                        clause (i) with respect to an individual 
                        described in subparagraph (A) placed in 
                        qualified employment with the State or local 
                        government if--
                                    (I) employing the individual will 
                                result in the layoff or partial 
                                displacement (such as a reduction in 
                                hours, wages, or employment benefits) 
                                of an existing employee or position of 
                                the employer;
                                    (II) the individual will assume any 
                                of the duties or responsibilities of an 
                                employee who is participating in a 
                                strike, collective bargaining, or 
                                activities for representation by a 
                                labor organization;
                                    (III) employing the individual 
                                infringes upon the promotional 
                                opportunities of an existing employee 
                                of the employer; or
                                    (IV) 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 
                                displaced.
                    (D) Collective bargaining agreements.--In the case 
                an individual described in subparagraph (A) is placed 
                in qualified employment in position that is covered by 
                a collective bargaining agreement, nothing in this 
                section shall alter the applicability of any wage or 
                benefit requirements of such collective bargaining 
                agreement with respect to such position.
            (6) Period.--Except as provided in paragraph (5), a 
        participant may participate in the Program, and receive the 
        services and support described in this subsection for a 
        participant, for not more than 3 years.
            (7) Loans and grants from the small business 
        administration.--For purposes of subparagraphs (A) and 
        (B)(ii)(II) of paragraph (1), an individual who receives a loan 
        or grant from the Small Business Administration, including 
        under the business loan and microloan programs established 
        under subsections (a) and (m), respectively, of section 7 of 
        the Small Business Act (15 U.S.C. 636), shall be deemed, for 
        the 1-year period following the receipt of such loan or grant, 
        to be actively seeking employment.
    (e) Advisory Committee.--
            (1) Establishment.--The Secretary shall establish in the 
        Department of Labor the Worker Adaptation and Training Advisory 
        Committee (referred to in this section as the ``Committee'').
            (2) Membership.--The Committee shall be composed of--
                    (A) 3 representatives of labor organizations, 
                appointed by the Secretary;
                    (B) 2 representatives of businesses, with 
                management authority, appointed by the Secretary;
                    (C) 2 representatives from State boards or local 
                boards;
                    (D) the Director of the Office of Personnel 
                Management;
                    (E) the Director of the National Institute of 
                Standards and Technology; and
                    (F) the Director of the National Science 
                Foundation.
            (3) Duties.--The Committee shall make recommendations to 
        the Secretary on the placement of workers in retraining 
        projects under the Program.
            (4) Personnel matters.--
                    (A) Compensation of members.--Except as provided in 
                subparagraph (B), no member of the Committee may be 
                compensated for their service on the Committee.
                    (B) Travel expenses.--A member of the Committee 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for employees 
                of agencies under subchapter I of chapter 57 of title 
                5, United States Code, while away from their homes or 
                regular places of business in the performance of 
                services for the Committee.
                    (C) Staff.--
                            (i) In general.--The Committee may, without 
                        regard to the civil service laws (including 
                        regulations), appoint and terminate an 
                        executive director and such other additional 
                        personnel as may be necessary to enable the 
                        Committee to perform its duties, except that 
                        the employment of an executive director shall 
                        be subject to confirmation by the Committee.
                            (ii) Compensation.--The Committee may fix 
                        the compensation of the executive director and 
                        other personnel without regard to chapter 51 
                        and subchapter III of chapter 53 of title 5, 
                        United States Code, relating to classification 
                        of positions and General Schedule pay rates, 
                        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 5316 of that title.
            (5) Permanent committee.--Section 1013 of title 5, United 
        States Code, shall not apply to the Committee.
    (f) Direct Hire Authority.--The Secretary may appoint individuals 
to positions necessary to administer the Program without regard to any 
of sections 3309 through 3318 of title 5, United States Code.
    (g) State Unemployment Insurance Records.--For purposes of 
assisting in eligibility determinations and calculating payments under 
this section, the Secretary shall obtain and use quarterly wage 
information from State unemployment insurance wage records.
    (h) Metrics System.--The Secretary shall establish a metrics system 
for measuring the success of the Program.
    (i) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $60,000,000,000 for each fiscal year.
            (2) Reservation.--Of the amount appropriated under 
        paragraph (1) for a fiscal year, the Secretary shall reserve 
        not more than 5 percent to administer the Program, including 
        for entering into agreements with State agencies, State boards, 
        local boards, and one-stop operators for intake, counseling, 
        and other services and support under this section.
    (j) Amendment to Workforce Innovation and Opportunity Act.--Section 
121(b)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 
3151(b)(1)(B)) is amended--
            (1) in clause (xii), by striking ``; and'' and inserting a 
        semicolon;
            (2) in clause (xiii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(xiv) services and support provided 
                        through the Worker Adaptation and Training 
                        Program under section 4 of the FUTURE of 
                        Workers Act.''.

SEC. 5. FEDERAL WORKFORCE.

    (a) Identification of High-Demand Position Classifications and 
Occupational Skill Gaps.--Not later than 120 days after the date of 
enactment of this Act, and annually thereafter, the Director of the 
Office of Personnel Management, in conjunction with the Secretary of 
Labor, shall identify high-demand Federal position classifications, 
such as technology services, 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 positions.
    (b) 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 positions.

SEC. 6. PRIORITIZATION OF PARTICIPANTS IN SMALL BUSINESS PROGRAMS.

    (a) 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 Administration, including under the business loan and 
microloan programs established under subsections (a) and (m), 
respectively, of section 7 of the Small Business Act (15 U.S.C. 636).
    (b) Set-Aside.--In each fiscal year, the Administrator of the Small 
Business Administration shall set aside 1.5 percent of amounts 
appropriated to carry out the business loan program under section 7(a) 
of the Small Business Act (15 U.S.C. 636(a)) to provide assistance to 
participants in the Worker Adaptation and Training Program.

SEC. 7. COVERED TECHNOLOGY IMPACT REPORTS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Commissioner of Labor 
Statistics, in consultation with the Assistant Secretary of Labor for 
Employment and Training, the Director of the National Institute of 
Standards and Technology, the Director of the National Science 
Foundation, and the Director of the Bureau of Economic Analysis, shall 
publish, and submit to Congress, a report regarding the adoption of 
covered technology, including--
            (1) occupational employment trends, as determined by the 
        Commissioner of Labor Statistics;
            (2) a list of at-risk occupations, as determined by the 
        Commissioner of Labor Statistics, organized by risk level 
        categories reflecting near-term, mid-term, and long-term 
        projections;
            (3) a list of demographics most likely to be impacted by 
        the adoption of covered technology, as determined by the 
        Commissioner of Labor Statistics, including demographics with 
        respect to protected classes, educational level of attainment, 
        geographic location, and earnings;
            (4) information on consequences of job displacement due to 
        the adoption of covered technology, as determined by the 
        Commissioner of Labor Statistics, including on--
                    (A) employment status or retraining after such 
                displacement; and
                    (B) changes in position, field of work, or earnings 
                after such displacement;
            (5) information on anticipated advancements in technology 
        adoption that may shape employment and hiring trends;
            (6) a list of the fastest-growing occupations in the United 
        States during the preceding year that are--
                    (A) resilient to displacement or reduced work 
                opportunities as a result of the adoption of covered 
                technology; and
                    (B) relevant to the national and technological 
                competitiveness of the United States; and
            (7) recommendations for actions to be taken by Congress to 
        better inform workforce development and employment policies, 
        including for purposes of identifying--
                    (A) work skills and occupations that are resilient 
                against the negative impacts of the adoption of covered 
                technology;
                    (B) best practices for skills training efforts and 
                initiatives by employers that enable workers to 
                successfully transition to new positions within 
                workplaces;
                    (C) best practices for skills training efforts and 
                initiatives that enable workers to successfully 
                transition to new positions following a layoff from a 
                prior position; and
                    (D) best practices for mitigating displacement-
                related hardships on workers.
    (b) Definitions.--In this section:
            (1) 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 
        technology.
            (2) Protected class.--The term ``protected class'' means a 
        group of individuals sharing a common characteristic or 
        identity who are legally protected against discrimination 
        under--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.);
                    (B) title I of the Americans with Disabilities Act 
                of 1990 (42 U.S.C. 12111 et seq.); or
                    (C) the Age Discrimination in Employment Act of 
                1967 (29 U.S.C. 621 et seq.).

SEC. 8. EXPANSION OF WARN ACT NOTICES.

    (a) Contents of Notice of Plant Closing or Mass Layoff.--Section 3 
of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 
2102) is amended by adding at the end the following:
    ``(e) Contents of Notice.--The written notice under subsection (a) 
shall--
            ``(1) disclose whether the plant closing or mass layoff is 
        substantially due to the adoption of covered technology (as 
        defined in section 2 of the FUTURE of Workers Act); and
            ``(2) include information on employee retraining, 
        unemployment resources, and transition resources, including 
        support and services through the Worker Adaptation and Training 
        Program under section 4 of such Act.''.
    (b) Increase in Notification Period.--The Worker Adjustment and 
Retraining Notification Act (29 U.S.C. 2101 et seq.) is amended--
            (1) in section 3 (29 U.S.C. 2102)--
                    (A) in subsection (a), by striking ``60-day'' and 
                inserting ``120-day''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by striking ``60-
                        day'' and inserting ``120-day''; and
                            (ii) in paragraph (2)(A), by striking ``60-
                        day'' and inserting ``120-day''; and
            (2) in section 5(a)(1) (29 U.S.C. 2104(a)(1)), in the 
        matter following subparagraph (B), by striking ``60 days'' and 
        inserting ``120 days''.
    (c) Applicability.--The amendments made by this section shall apply 
with respect to any plant closing or mass layoff that occurs 180 days 
after the date of enactment of this Act.

SEC. 9. EMPLOYER-PROVIDED UPSKILLING CREDIT.

    (a) In General.--
            (1) Determination of credit.--Subpart D of part IV of 
        subchapter A of chapter 1 of the Internal Revenue Code of 1986 
        is amended by adding at the end the following new section:

``SEC. 45BB. EMPLOYEE UPSKILLING CREDIT.

    ``(a) In General.--For purposes of section 38, the employee 
upskilling credit determined under this section for any taxable year is 
an amount equal to 25 percent of qualified training expenditures for 
the taxable year.
    ``(b) Qualified Training Expenditures.--
            ``(1) 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 occupation.
            ``(2) Exclusion.--The term `qualified training 
        expenditures' shall not include any amount paid or incurred for 
        meals, lodging, transportation, or any other services which are 
        incidental to qualified training.
    ``(c) Other Definitions.--In this section--
            ``(1) At-risk occupation.--The term `at-risk occupation' 
        means an occupation listed in the most recently published list 
        under section 7(a)(2) of the FUTURE of Workers Act.
            ``(2) Qualified training.--
                    ``(A) In general.--In this section, the term 
                `qualified training' means training which results in 
                the attainment of a recognized postsecondary credential 
                and which is provided through--
                            ``(i) a registered apprenticeship,
                            ``(ii) a program of training services which 
                        is on a State list established under section 
                        122(d) of the Workforce Innovation and 
                        Opportunity Act (29 U.S.C. 3152(d)),
                            ``(iii) a program which is conducted by an 
                        area career and technical education school, a 
                        community college, or a labor organization, or
                            ``(iv) a program which is sponsored and 
                        administered by an employer, industry trade 
                        association, industry or sector partnership, or 
                        labor organization.
                    ``(B) Related definitions.--For purposes of 
                subparagraph (A):
                            ``(i) Area career and technical education 
                        school.--The term `area career and technical 
                        education school' means such a school, as 
                        defined in section 3 of the Carl D. Perkins 
                        Career and Technical Education Act of 2006 (20 
                        U.S.C. 2302), which participates in a program 
                        under that Act (20 U.S.C. 2301 et seq.).
                            ``(ii) Community college.--The term 
                        `community college' has the meaning given the 
                        term in section 5002 of the National Artificial 
                        Intelligence Initiative Act of 2020 (15 U.S.C. 
                        9401).
                            ``(iii) Industry or sector partnership.--
                        The term `industry or sector partnership' has 
                        the meaning given such term in section 3 of the 
                        Workforce Innovation and Opportunity Act (29 
                        U.S.C. 3102).
                            ``(iv) Industry trade association.--The 
                        term `industry trade association' means an 
                        organization which--
                                    ``(I) is described in paragraph (3) 
                                or (6) of section 501(c) of the 
                                Internal Revenue Code of 1986 and 
                                exempt from taxation under section 
                                501(a) of such Code, and
                                    ``(II) is representing an industry.
                            ``(v) Labor organization.--The term `labor 
                        organization' means a labor organization, 
                        within the meaning of the term in section 
                        501(c)(5) of the Internal Revenue Code of 1986.
                            ``(vi) Recognized postsecondary 
                        credential.--The term `recognized postsecondary 
                        credential' means a credential consisting of an 
                        industry-recognized certificate or 
                        certification, a certificate of completion of a 
                        registered apprenticeship, a license recognized 
                        by the State involved or Federal Government, or 
                        an associate or baccalaureate degree.
                            ``(vii) Registered apprenticeship.--The 
                        term `registered apprenticeship' means an 
                        apprenticeship registered under the Act of 
                        August 16, 1937 (commonly known as the 
                        `National Apprenticeship Act'; 50 Stat. 664, 
                        chapter 663; 29 U.S.C. 50 et seq.).''.
            (2) Credit part of general business credit.--Section 38(b) 
        of the Internal Revenue Code of 1986 is amended by striking 
        ``plus'' at the end of paragraph (40), by striking the period 
        at the end of paragraph (41) and inserting ``, plus'', and by 
        adding at the end the following new paragraph:
            ``(42) the employee upskilling credit determined under 
        section 45BB(a).''.
            (3) Clerical amendment.--The table of sections for subpart 
        D of part IV of subchapter A of chapter 1 of the Internal 
        Revenue Code of 1986 is amended by adding at the end the 
        following new item:

``Sec. 45BB. Employee upskilling credit.''.
    (b) Credit Allowed Against Alternative Minimum Tax.--Subparagraph 
(B) of section 38(c)(4) of the Internal Revenue Code of 1986 is 
amended--
            (1) by redesignating clauses (x), (xi), and (xii) as 
        clauses (xi), (xii), and (xiii), respectively, and
            (2) by inserting after clause (ix) the following new 
        clause:
                            ``(x) the credit determined under section 
                        45BB with respect to an eligible small business 
                        (as defined in paragraph (5)(A), after 
                        application of rules similar to the rules of 
                        paragraph (5)(B)),''.
    (c) Regulations Relating to Postsecondary Credentials.--Not later 
than 1 year after the date of enactment of this Act--
            (1) the Secretary of Labor, in consultation with the 
        Secretary of the Treasury, shall issue regulations or other 
        guidance applying the definition of the term ``recognized 
        postsecondary credential'' as provided in section 3 of the 
        Workforce Innovation and Opportunity Act (29 U.S.C. 3102); and
            (2) the Secretary of the Treasury, in consultation with the 
        Secretary of Labor, shall issue regulations or other guidance 
        applying the definition of the term ``recognized postsecondary 
        credential'' as provided in section 45BB(c)(2)(B) of the 
        Internal Revenue Code of 1986.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of enactment of this 
Act.

SEC. 10. WORKPLACE DEVELOPMENT MODERNIZATION.

    (a) In General.--The Secretary of Labor shall--
            (1) to the extent feasible, 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 programs; and
            (2) in conjunction with the Secretary of Commerce and 
        industry and nonprofit groups determined relevant by the 
        Secretary of Labor, provide additional online resources for job 
        seekers that are available on the website of the Department of 
        Labor.
    (b) Rule of Construction.--Nothing in this section shall affect any 
regulatory requirement pursuant to the Wagner-Peyser Act (29 U.S.C. 49 
et seq.) addressing the provision of employment services by employees 
under a merit system.

SEC. 11. EXCISE TAX ON ARTIFICIAL INTELLIGENCE SERVICES; WORKER 
              ADAPTATION TRUST FUND.

    (a) Excise Tax.--Subtitle D of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new chapter:

            ``CHAPTER 50B--ARTIFICIAL INTELLIGENCE SERVICES

``Sec. 5000E. Tax on artificial intelligence services.

``SEC. 5000E. TAX ON ARTIFICIAL INTELLIGENCE SERVICES.

    ``(a) Imposition of Tax.--In the case of a covered person, there is 
imposed a tax for each calendar year in an amount equal to the sum of--
            ``(1) 4 percent of so much of the United States AI receipts 
        of such person for such calendar year as exceeds $50,000,000 
        but does not exceed $500,000,000,
            ``(2) 6 percent of so much of such receipts as exceeds 
        $500,000,000 but does not exceed $5,000,000,000, plus
            ``(3) 8 percent of so much of such receipts as exceeds 
        $5,000,000,000.
    ``(b) Phase-In.--In the case of the first calendar year beginning 
after the date of the enactment of this section, subsection (a) shall 
be applied by substituting `2 percent', `3 percent', and `4 percent' 
for `4 percent', `6 percent', and `8 percent', respectively.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Covered artificial intelligence model.--The term 
        `covered artificial intelligence model' means a model developed 
        through artificial intelligence (as defined in section 5002 of 
        the National Artificial Intelligence Initiative Act of 2020 (15 
        U.S.C. 9401)) and trained using a quantity of computing power 
        greater than or equal to 10\2\<SUP>5</SUP> integer or floating-
        point operations, as adjusted annually by the Secretary, in 
        coordination with the Secretary of Commerce, to reflect changes 
        in the efficiency of training methods. Such term includes any 
        model the Secretary determines demonstrates capabilities 
        substantially equivalent to models otherwise described in this 
        paragraph.
            ``(2) Covered person.--The term `covered person' means any 
        person engaged in a trade or business of providing qualifying 
        artificial intelligence services to United States customers, 
        determined without regard to the place of organization, 
        incorporation, residence, or management of such person. All 
        persons treated as a single employer under subsection (a) or 
        (b) of section 52 shall be treated as 1 person for purposes of 
        this section.
            ``(3) Qualifying artificial intelligence services.--The 
        term `qualifying artificial intelligence services' means--
                    ``(A) providing access to a covered artificial 
                intelligence model, including through an application 
                programming interface or a paid subscription,
                    ``(B) licensing, deploying, hosting, integrating, 
                or operating a covered artificial intelligence model 
                for, or on behalf of, another person, and
                    ``(C) any other service the commercial value of 
                which is substantially attributable to a covered 
                artificial intelligence model, as determined by the 
                Secretary, 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 offering.
            ``(4) United states ai receipts.--
                    ``(A) In general.--The term `United States AI 
                receipts' means gross receipts derived from qualifying 
                artificial intelligence services provided to United 
                States customers, reduced by amounts paid or incurred 
                to another covered person with United States AI 
                receipts in excess of $50,000,000 for qualifying 
                artificial intelligence services resold, or 
                incorporated into qualifying artificial intelligence 
                services provided, to United States customers.
                    ``(B) 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 Government.
            ``(5) 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 States, as 
        determined under regulations or other guidance prescribed by 
        the Secretary.
    ``(d) Exemption.--No tax shall be imposed under this section on--
            ``(1) any organization exempt from tax under section 
        501(a), or
            ``(2) any institution of higher education (as defined in 
        section 101 or 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1001, 1002)).
    ``(e) Payment; Returns.--The tax imposed by subsection (a) shall be 
paid in quarterly installments at such times, and reported on such 
returns and in such manner, as the Secretary shall prescribe. No return 
shall be required of any covered person with no liability under 
subsection (a) for the calendar year.
    ``(f) Regulations.--The Secretary shall prescribe such regulations 
and other guidance as may be necessary to carry out this section, 
including regulations providing for--
            ``(1) the allocation of the tax imposed by subsection (a) 
        among persons treated as 1 person under subsection (c)(2),
            ``(2) the attribution of gross receipts in the case of 
        offerings with both qualifying and non-qualifying components, 
        and
            ``(3) the prevention of avoidance of this section through 
        the fragmentation of activities, the restructuring of customer 
        arrangements, or the mischaracterization of receipts.''.
    (b) Denial of Deduction.--Section 275(a) of the Internal Revenue 
Code of 1986 is amended by inserting after paragraph (6) the following 
new paragraph:
            ``(7) Taxes imposed by chapter 50B.''.
    (c) Worker Adaptation Trust Fund.--Subchapter A of chapter 98 of 
the Internal Revenue Code of 1986 is amended by adding at the end the 
following new section:

``SEC. 9512. WORKER ADAPTATION TRUST FUND.

    ``(a) 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 Fund', consisting of such amounts as may be appropriated or 
credited to such Trust Fund as provided in this section or section 
9602(b).
    ``(b) 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 5000E.
    ``(c) Expenditures.--Amounts in the Worker Adaptation Trust Fund 
shall be available, as provided in appropriation Acts--
            ``(1) to carry out the Worker Adaptation and Training 
        Program established under section 4 of the FUTURE of Workers 
        Act, and
            ``(2) to the extent amounts in the Trust Fund for a fiscal 
        year exceed the amounts necessary for the purpose described in 
        paragraph (1) for such fiscal year, for supplemental child 
        care, elder care, and workforce development programs serving 
        populations affected by automation technologies or artificial 
        intelligence.''.
    (d) Clerical Amendments.--
            (1) The table of chapters for subtitle D of the Internal 
        Revenue Code of 1986 is amended by adding at the end the 
        following new item:

           ``Chapter 50B--Artificial Intelligence Services''.

            (2) The table of sections for subchapter A of chapter 98 of 
        such Code is amended by adding at the end the following new 
        item:

``Sec. 9512. Worker adaptation trust fund''.
    (e) Effective Date.--The amendments made by this section shall 
apply to calendar years beginning after the date of the enactment of 
this Act.

SEC. 12. WORKER ADAPTATION CONTRIBUTIONS; EXCESS DISPLACEMENT 
              ACCOUNTABILITY.

    (a) Worker Adaptation Contributions.--Subtitle C of the Internal 
Revenue Code of 1986 is amended by inserting after chapter 23A the 
following new chapter:

             ``CHAPTER 23B--WORKER ADAPTATION CONTRIBUTIONS

``Sec. 3324. Worker adaptation contribution.

``SEC. 3324. WORKER ADAPTATION CONTRIBUTION.

    ``(a) Imposition.--There is hereby imposed on every covered 
employer for each calendar quarter a contribution equal to the product 
of--
            ``(1) the applicable contribution rate of such employer for 
        such quarter, and
            ``(2) the total wages paid by such employer during such 
        quarter with respect to employment within the United States.
    ``(b) Applicable Contribution Rate.--For purposes of this section--
            ``(1) 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 year, rounded to the nearest 
        \1/10\ of 1 percent, except that such rate shall not exceed the 
        maximum rate.
            ``(2) Displacement ratio.--The term `displacement ratio' 
        means, with respect to an employer for any period, the ratio 
        of--
                    ``(A) the aggregate amounts charged to such 
                employer under subsection (d) for such period, to
                    ``(B) the total wages paid by such employer during 
                such period.
            ``(3) Computation period.--The term `computation period' 
        means, with respect to any calendar year, the 12-calendar-
        quarter period ending on June 30 of the preceding calendar 
        year.
            ``(4) Maximum rate.--The term `maximum rate' means 2 
        percent.
            ``(5) Employers without chargeable experience.--The 
        applicable contribution rate of a covered employer to which no 
        amount has been charged under subsection (d) for the 
        computation period shall be zero.
            ``(6) Notice of rates.--Not later than October 15 of each 
        calendar year, the Secretary shall notify each covered employer 
        of the applicable contribution rate of such employer for the 
        following calendar year.
    ``(c) Definitions.--For purposes of this chapter--
            ``(1) Covered employer.--The term `covered employer' means 
        any employer other than a small business concern, as defined in 
        section 5000F(h).
            ``(2) Covered worker.--The term `covered worker' means a 
        covered worker (as defined in section 4(a) of the FUTURE of 
        Workers Act) who is described in paragraph (2)(A)(ii)(I) of 
        such section and was terminated as described in such paragraph 
        by a covered employer.
            ``(3) Employer; employment.--The respective meaning of the 
        terms `employer' and `employment' shall be determined under 
        rules similar to the rules of section 3121.
            ``(4) Responsible employer.--The term `responsible 
        employer' means the covered employer that terminated a covered 
        worker as described in section 4(a)(2)(A)(ii)(I) of the FUTURE 
        of Workers Act, as identified in the worker's attestation under 
        section 4(a)(2)(A) of the FUTURE of Workers Act and verified in 
        such manner as the Secretary of Labor shall prescribe.
            ``(5) Wages.--The term `wages' has the meaning given such 
        term by section 3121(a), determined without regard to any 
        dollar limitation on the amount of remuneration treated as 
        wages.
    ``(d) Charging.--
            ``(1) In general.--There shall be charged to each 
        responsible employer the costs of the benefits and services 
        provided under section 4 of the FUTURE of Workers Act to each 
        covered worker, with respect to the responsible employer, 
        determined eligible for such benefits and services under such 
        section, as certified by the Secretary of Labor to the 
        Secretary at such times and in such manner as such Secretaries 
        shall jointly prescribe.
            ``(2) Noncharging.--No amount shall be charged under this 
        subsection with respect to a termination--
                    ``(A) attributable to the sale or divestiture of a 
                trade or business (or a substantial portion thereof), 
                except as provided by the Secretary of Labor to prevent 
                the avoidance of this section,
                    ``(B) occurring while the employer is a debtor in a 
                case under title 11, United States Code, or
                    ``(C) attributable to natural disaster or such 
                other circumstances beyond the control of the employer 
                as the Secretary of Labor may prescribe.
            ``(3) 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 
        contest, in such manner and within such time as the Secretary 
        of Labor shall prescribe, whether the termination involved is 
        chargeable to such employer, including on the ground that the 
        termination was not attributable to covered technology as 
        defined in section 2 of the FUTURE of Workers Act or that the 
        worker was not terminated from such employer. Any charge not 
        successfully contested shall be final for purposes of this 
        section.
            ``(4) Quarterly statements of charges.--The Secretary of 
        Labor shall provide to each responsible employer, not later 
        than 45 days after the close of each calendar quarter, a 
        statement of the amounts charged to such employer under this 
        subsection for such quarter.
    ``(e) Protection of Workers.--No determination with respect to the 
eligibility of any worker for, or the amount or timing of, any benefit 
or service under section 4 of the FUTURE of Workers Act shall be 
delayed, conditioned, or reduced by reason of any dispute or contest 
concerning the charging of costs under this section, 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 service.
    ``(f) Successorship; Anti-Manipulation.--
            ``(1) Transfer of experience.--If an employer transfers its 
        trade or business (or a portion thereof) to another person, and 
        there is substantially common ownership, management, or control 
        of the transferor and transferee, the charging experience and 
        wage history attributable to the transferred trade or business 
        shall be transferred to the transferee. In any other transfer 
        of a trade or business, such experience and history shall be 
        transferred to the extent provided by the Secretary.
            ``(2) 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 rate, the 
        applicable contribution rate of each person party to the 
        transaction shall be determined without regard to the 
        transaction, and each such person shall pay a penalty of 
        $10,000 for each calendar quarter to which such determination 
        applies.
            ``(3) Aggregation.--All persons treated as a single 
        employer under subsection (a) or (b) of section 52, or 
        subsection (m) or (o) of section 414, shall be treated as 1 
        employer for purposes of this chapter.
    ``(g) Election by Nonprofit and Governmental Employers To Reimburse 
in Lieu of Contributions.--
            ``(1) In general.--Any entity described in paragraph (2) 
        may elect, at such time and in such manner as the Secretary 
        shall prescribe, to pay for each calendar quarter, in lieu of 
        the contribution imposed by subsection (a), an amount equal to 
        the amounts charged to such employer under subsection (d) for 
        such quarter.
            ``(2) Entity described.--An entity described in this 
        paragraph is--
                    ``(A) an organization which is described in section 
                501(c)(3) and exempt from tax under section 501(a), or
                    ``(B) a State, a political subdivision of a State, 
                an Indian tribe (as defined in section 45A(c)(6)), a 
                Native Hawaiian organization (as defined in section 
                6207 of the Native Hawaiian Education Act (20 U.S.C. 
                7517)), or an instrumentality of any of the foregoing.
            ``(3) Treatment of payments.--Amounts payable under 
        paragraph (1) shall be assessed, collected, deposited, and 
        administered in the same manner as contributions imposed by 
        subsection (a), except that the maximum rate shall not apply to 
        such amounts.
            ``(4) Duration.--An election under this subsection shall 
        remain in effect for not fewer than 8 consecutive calendar 
        quarters and thereafter until revoked in such manner as the 
        Secretary shall prescribe.
            ``(5) United states.--The United States and any 
        instrumentality thereof shall be treated as having an election 
        in effect under this subsection.
            ``(6) Section 5000f inapplicable.--Section 5000F shall not 
        apply to any employer with an election in effect under this 
        subsection.
    ``(h) Payment; Returns.--Contributions imposed by this section 
shall be paid quarterly at the time prescribed for the return of taxes 
imposed by section 3111, and shall be reported on such returns and in 
such manner as the Secretary shall prescribe.
    ``(i) Deposit.--Amounts received in the Treasury under this section 
shall be deposited in the Worker Adaptation Trust Fund established 
under section 9512.
    ``(j) Regulations.--The Secretary, in consultation with the 
Secretary of Labor, shall prescribe such regulations and other guidance 
as may be necessary to carry out this chapter, including regulations 
governing the computation and notice of applicable contribution rates, 
the resolution of charging disputes, and the prevention of avoidance of 
this chapter.''.
    (b) Excess Displacement Accountability.--Chapter 50B of the 
Internal Revenue Code of 1986, as added by section 11 of this Act, is 
amended by adding at the end the following new section:

``SEC. 5000F. EXCESS DISPLACEMENT ACCOUNTABILITY.

    ``(a) Imposition of Tax.--There is hereby imposed on each employer, 
for each calendar quarter of the restitution period with respect to 
each eliminated position of such employer, a tax equal to the amount of 
tax that would have been imposed under sections 3111 and 3301 
(determined without regard to the credits allowed under section 3302) 
for such quarter with respect to the baseline compensation allocable to 
such position if such position had not been eliminated.
    ``(b) Reduction in Tax.--The aggregate tax imposed by subsection 
(a) on an employer for any calendar quarter shall be reduced (but not 
below zero) by the amount of contributions paid by the employer under 
section 3324 for such quarter.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Restitution period.--The term `restitution period' 
        means, with respect to an eliminated position, the 5-year 
        period beginning on the date of the elimination of such 
        position, reduced as provided in subsection (d).
            ``(2) Eliminated position.--
                    ``(A) 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 period, 
                identified, and determined with appropriate adjustments 
                for seasonal variation, under regulations prescribed by 
                the Secretary.
                    ``(B) Contractor substitution.--The termination of 
                employees accompanied by the substitution of 
                independent contractors, or of workers provided by a 
                staffing or outsourcing agency, performing 
                substantially similar services shall be treated as an 
                elimination of positions and shall not be treated as a 
                restoration.
                    ``(C) Baseline compensation.--The term `baseline 
                compensation' means, with respect to an eliminated 
                position, the annual rate of wages and benefits in 
                effect for such position on the date of the 
                elimination.
                    ``(D) Domestic full-time equivalent employment.--
                The domestic full-time equivalent employment of an 
                employer shall be determined under regulations 
                prescribed by the Secretary, on the basis of hours of 
                service of employees within the United States.
            ``(3) Saturation period.--
                    ``(A) In general.--The term `saturation period' 
                means any period of 1 or more consecutive calendar 
                years for each of which the uncapped displacement ratio 
                of the employer exceeds the maximum rate (as defined in 
                section 3324(b)(4)).
                    ``(B) Uncapped displacement ratio.--The term 
                `uncapped displacement ratio' means, for any calendar 
                year, the displacement ratio determined under section 
                3324(b)(2) for the computation period applicable to 
                such calendar year, determined without regard to the 
                maximum rate.
    ``(d) Abatement Upon Restoration.--
            ``(1) 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 (matched under regulations prescribed 
        by the Secretary), no tax shall be imposed under subsection (a) 
        with respect to such eliminated position for calendar quarters 
        beginning after the date of the restoration.
            ``(2) Sustained restoration; recapture.--Paragraph (1) 
        shall apply with respect to a restored position only if such 
        position is maintained for 4 consecutive calendar quarters. If 
        a restored position is eliminated during the 24-month period 
        beginning on the date of the restoration, any amount not 
        imposed by reason of paragraph (1) shall be assessed, with 
        interest determined under section 6621, and the restitution 
        period with respect to such position shall be applied without 
        regard to the period of the restoration.
    ``(e) Additional Corporate Surtax During Saturation.--In the case 
of an employer which is a C corporation, for each of the 3 taxable 
years beginning with the taxable year in which a saturation period of 
such employer begins, the tax imposed by chapter 1 shall be increased 
by an amount equal to the sum of--
            ``(1) 2 percent of so much of the taxable income of such 
        employer for the taxable year as does not exceed $100,000,000,
            ``(2) 4 percent of so much of such taxable income as 
        exceeds $100,000,000 but does not exceed $1,000,000,000, and
            ``(3) 6 percent of so much of such taxable income as 
        exceeds $1,000,000,000.
    ``(f) Recapture of Accelerated Cost Recovery.--
            ``(1) In general.--The tax imposed by chapter 1 on an 
        employer for the taxable year in which a saturation period of 
        such employer begins shall be increased by the aggregate excess 
        of--
                    ``(A) the deductions allowed by reason of sections 
                168(k) and 179 with respect to automation assets placed 
                in service by the employer during the 5-taxable-year 
                period ending with such taxable year (other than any 
                asset previously taken into account under this 
                subsection), over
                    ``(B) the deductions that would have been allowed 
                with respect to such assets for such period under the 
                alternative depreciation system of section 168(g).
            ``(2) Basis adjustment.--Proper adjustment shall be made to 
        the basis of any asset to which paragraph (1) applies, under 
        regulations prescribed by the Secretary.
            ``(3) Automation asset.--The term `automation asset' means 
        property (whether tangible or intangible, whether or not owned 
        by the taxpayer, and including rights of use or access under a 
        license, subscription, or service arrangement) the primary 
        function of which is to perform, through automation 
        technologies or artificial intelligence (as defined in section 
        5002 of the National Artificial Intelligence Initiative Act of 
        2020 (15 U.S.C. 9401)), 1 or more tasks previously performed by 
        employees of the taxpayer, including autonomous industrial 
        robotics, systems incorporating a covered artificial 
        intelligence model (as defined in section 5000E(c)(5)), and 
        autonomous logistics systems.
    ``(g) Aggregation; Anti-Arbitrage.--Rules similar to the rules of 
section 3324(f) shall apply for purposes of this section, and any 
transfer of automation assets, functions, or employees between persons 
treated as 1 employer under such rules shall be disregarded in 
determining the occurrence or duration of a saturation period and the 
identification of eliminated positions.
    ``(h) Exemption for Small Business Concerns.--This section shall 
not apply to any person that is a small business concern (within the 
meaning of section 3 of the Small Business Act (15 U.S.C. 632)).
    ``(i) Payment; Returns.--The tax imposed by subsection (a) shall be 
paid quarterly at the time prescribed for the return of taxes imposed 
by section 3111, and shall be reported on such returns and in such 
manner as the Secretary shall prescribe.
    ``(j) Deposit of Amounts.--The portion of the amounts received in 
the Treasury under this section which is attributable to the taxes 
described in section 3111 shall be credited to the Federal Old-Age and 
Survivors Insurance Trust Fund, the Federal Disability Insurance Trust 
Fund, and the Federal Hospital Insurance Trust Fund in the same manner 
as if such amounts were taxes received under such section, and the 
remainder shall be deposited in the Worker Adaptation Trust Fund 
established under section 9512.
    ``(k) Regulations.--The Secretary, in consultation with the 
Secretary of Labor, shall prescribe such regulations and other guidance 
as may be necessary to carry out this section, including regulations 
governing the identification and matching of eliminated and restored 
positions, the determination of wage and benefit equivalence, and the 
prevention of avoidance of this section.''.
    (c) Denial of Accelerated Cost Recovery During Saturation 
Periods.--
            (1) Bonus depreciation.--Section 168(k)(2) of the Internal 
        Revenue Code of 1986 is amended by adding at the end the 
        following new subparagraph:
                    ``(I) Exclusion of certain automation assets.--The 
                term `qualified property' shall not include any 
                automation asset (as defined in section 5000F(f)(3)) 
                placed in service during a saturation period (as 
                defined in section 5000F(c)) of the taxpayer.''.
            (2) Alternative depreciation system required.--Section 
        168(g)(1) of such Code is amended by striking ``and'' at the 
        end of subparagraph (F), by inserting ``and'' at the end of 
        subparagraph (G), and by inserting after subparagraph (G) the 
        following new subparagraph:
                    ``(H) any automation asset (as defined in section 
                5000F(f)(3)) placed in service during a saturation 
                period (as defined in section 5000F(c)) of the 
                taxpayer,''.
            (3) Section 179 property.--Section 179(d)(1) of such Code 
        is amended by adding at the end the following: ``Such term 
        shall not include any automation asset (as defined in section 
        5000F(f)(3)) placed in service during a saturation period (as 
        defined in section 5000F(c)) of the taxpayer.''.
    (d) Information Sharing.--
            (1) Certification by the secretary of labor.--The Secretary 
        of Labor shall certify to the Secretary of the Treasury, at 
        such times and in such manner as such Secretaries shall jointly 
        prescribe, the eligibility determinations, charges, and 
        terminations determined under section 4 of this Act and section 
        3324 of the Internal Revenue Code of 1986 (as added by this 
        section).
            (2) Disclosure of return information.--Section 6103(l) of 
        the Internal Revenue Code of 1986 is amended by adding at the 
        end the following new paragraph:
            ``(23) Disclosure of return information for administration 
        of worker adaptation contributions.--
                    ``(A) In general.--The Secretary may, upon written 
                request from the Secretary of Labor, disclose to 
                officers and employees of the Department of Labor 
                return information with respect to any employer or 
                worker (including taxpayer identity information, 
                information on wages reported under section 6051, and 
                information with respect to contributions and charges 
                under chapter 23B) only for purposes of, and to the 
                extent necessary in, the administration of section 3324 
                and section 4 of the FUTURE of Workers Act, including 
                the verification of worker attestations and the 
                determination and charging of costs under section 
                3324(c).
                    ``(B) Restriction on use and redisclosure.--Return 
                information disclosed under subparagraph (A) 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 
                section.''.
            (3) Safeguards.--Section 6103(p)(4) of such Code is amended 
        by inserting ``, (l)(23)'' after ``(l)(22)'' each place it 
        appears.
    (e) Clerical Amendments.--
            (1) The table of chapters for subtitle C of the Internal 
        Revenue Code of 1986 is amended by inserting after the item 
        relating to chapter 23A the following new item:

           ``CHAPTER 23B--WORKER ADAPTATION CONTRIBUTIONS''.

            (2) The table of sections for chapter 50B of such Code, as 
        added by section 11 of this Act, is amended by adding at the 
        end the following new item:

``SEC. 5000F. EXCESS DISPLACEMENT ACCOUNTABILITY.''.

    (f) Effective Dates.--
            (1) Contributions.--The amendments made by subsection (a) 
        shall apply to calendar years beginning after the date that is 
        1 year after the date of the enactment of this Act.
            (2) Excess displacement accountability.--The amendments 
        made by subsections (b) and (c) shall apply to saturation 
        periods beginning after the date described in paragraph (1), 
        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 5000F(f) of the Internal Revenue Code of 
        1986, as added by this section.
                                 <all>