[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3555 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3555

To expand the trade adjustment assistance for workers program, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2020

  Ms. Stabenow (for herself and Mr. Peters) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To expand the trade adjustment assistance for workers program, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Adjustment 
Assistance For Workers Reauthorization Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--TRADE ADJUSTMENT ASSISTANCE PROGRAM

Sec. 101. Filing petitions.
Sec. 102. Adjustment assistance for retaliatory tariff increases.
Sec. 103. Adjustment assistance for supply chain disruptions and 
                            decreased exports during public health 
                            emergencies.
Sec. 104. Eligibility of staffed workers and teleworkers.
Sec. 105. Application of determinations of eligibility to workers 
                            employed by successors-in-interest.
Sec. 106. Provision of benefit information to workers.
Sec. 107. Modifications to trade readjustment allowances.
Sec. 108. Provision of information on work-based learning 
                            opportunities.
Sec. 109. Training for workers.
Sec. 110. Eligibility criteria for reemployment trade adjustment 
                            assistance.
Sec. 111. Subpoena power.
Sec. 112. Data collection with respect to training.
Sec. 113. Extension of trade adjustment assistance program.
Sec. 114. Sense of Congress.
Sec. 115. Effective date; applicability.
 TITLE II--AMENDMENTS TO WORKER ADJUSTMENT AND RETRAINING NOTIFICATION 
                                  ACT

Sec. 201. Worker Adjustment and Retraining Notification Act.
                   TITLE III--HEALTH CARE TAX CREDIT

Sec. 301. Extension of credit for health insurance costs.

              TITLE I--TRADE ADJUSTMENT ASSISTANCE PROGRAM

SEC. 101. FILING PETITIONS.

    Section 221(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 
2271(a)(1)(A)) is amended to read as follows:
            ``(A) Two or more workers in the group of workers.''.

SEC. 102. ADJUSTMENT ASSISTANCE FOR RETALIATORY TARIFF INCREASES.

    (a) In General.--Section 222(a)(2) of the Trade Act of 1974 (19 
U.S.C. 2272(a)(2)) is amended--
            (1) in subparagraph (A)(iii), by striking ``or'' at the 
        end;
            (2) in subparagraph (B)(ii), by striking the period at the 
        end and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(C)(i) the sales or production, or both, of such firm 
        have decreased;
            ``(ii) exports of articles produced or services supplied by 
        such workers' firm have decreased;
            ``(iii) the decrease in exports described in clause (ii) 
        resulted in whole or in part from duties imposed on such 
        exports by a foreign country in response to duties imposed by 
        the United States on imports from that country; and
            ``(iv) the decrease in exports described in clause (ii) 
        contributed importantly to such workers' separation or threat 
        of separation and to the decline in the sales or production of 
        such firm.''.
    (b) Consultations With Respect to Foreign Retaliatory Actions.--
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended by 
adding at the end the following:
    ``(f) Consultations With Respect to Foreign Retaliatory Actions.--
In making determinations under subsection (a)(2)(C), the Secretary 
shall consult with the Under Secretary of Commerce for International 
Trade with respect to whether duties imposed on exports by a foreign 
country are imposed in response to duties imposed by the United States 
on imports from that country.''.

SEC. 103. ADJUSTMENT ASSISTANCE FOR SUPPLY CHAIN DISRUPTIONS AND 
              DECREASED EXPORTS DURING PUBLIC HEALTH EMERGENCIES.

    (a) In General.--Section 222(a)(2) of the Trade Act of 1974 (19 
U.S.C. 2272(a)(2)), as amended by section 102, is further amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C)(iv), by striking the period at the 
        end and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(D)(i) the sales or production, or both, of such firm 
        have decreased;
            ``(ii) the decrease in sales or production, or both, of 
        such firm resulted in whole or in part from a decrease in 
        imports of components or supplies that--
                    ``(I) are directly incorporated into an article 
                produced by such firm; and
                    ``(II) are not available in sufficient quantities 
                in the United States; and
            ``(iii) the decrease in imports of components or supplies 
        described in clause (ii) contributed importantly to such 
        workers' separation or threat of separation and to the decline 
        in the sales or production of such firm; or
            ``(E)(i) the sales or production, or both, of such firm 
        have decreased;
            ``(ii) exports of articles produced or services supplied by 
        such workers' firm have decreased;
            ``(iii) the decrease in exports described in clause (ii) 
        occurred during a period during which--
                    ``(I) a public health emergency declared under 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d) is in effect for the jurisdiction in which such 
                firm is located; or
                    ``(II) a national emergency declared under section 
                201 of the National Emergencies Act (50 U.S.C. 1621) 
                with respect to public health and safety within the 
                United States is in effect; and
            ``(iv) the decrease in exports described in clause (ii) 
        contributed importantly to such workers' separation or threat 
        of separation and to the decline in the sales or production of 
        such firm.''.
    (b) Public Health Emergency Defined.--Section 222(c) of the Trade 
Act of 1974 (19 U.S.C. 2272(c)) is amended by adding at the end the 
following:
            ``(5) Public health emergency.--The term `public health 
        emergency' means a public health emergency declared--
                    ``(A) by the Secretary of Health and Human Services 
                under section 319 of the Public Health Service Act (42 
                U.S.C. 247d); or
                    ``(B) by a public health official of a State with 
                authority to declare such an emergency for the State or 
                a jurisdiction within the State.''.
    (c) Special Rules.--Section 223 of the Trade Act of 1974 (19 U.S.C. 
2272) is amended by adding at the end the following:
    ``(f) Special Rules Relating to Supply Chain Disruption and Public 
Health Emergencies.--
            ``(1) Waiver authority.--During a period described in 
        subparagraph (E)(iii) of section 222(a)(2), the Secretary may 
        waive any requirement of this chapter that the Secretary 
        determines is necessary to ensure that a group of workers who 
        meets the eligibility requirements described in subparagraphs 
        (D) and (E) of that section is certified as eligible to apply 
        for adjustment assistance and that such workers begin receiving 
        benefits under this chapter as expeditiously as possible.
            ``(2) Expedited certification.--
                    ``(A) In general.--If the case of a petition 
                described in subparagraph (C), the Secretary may--
                            ``(i) waive all applicable hearings or 
                        investigations; and
                            ``(ii) subject to subparagraph (B), issue a 
                        certification of eligibility covering that 
                        group of workers as soon as possible.
                    ``(B) Denials; requirements.--The Secretary may--
                            ``(i) require such information as is 
                        necessary for the Secretary to issue a 
                        certification of eligibility pursuant to a 
                        petition described in subparagraph (C); and
                            ``(ii) determine not to issue such a 
                        certification if the Secretary determines that 
                        the preponderance of the evidence indicates 
                        that the group of workers covered by the 
                        petition does not meet the eligibility 
                        requirements described in subparagraph (D) or 
                        (E) of section 222(a)(2).
                    ``(C) Petitions described.--A petition described in 
                this subparagraph is a petition for certification of 
                eligibility to apply for adjustment assistance for a 
                group of workers under section 221(a)(1)--
                            ``(i) based on the eligibility requirements 
                        described in subparagraph (D) or (E) of section 
                        222(a)(2); and
                            ``(ii) filed by--
                                    ``(I) the certified or recognized 
                                union or other duly authorized 
                                representative of such workers;
                                    ``(II) such workers' firm; or
                                    ``(III) a State agency.''.

SEC. 104. ELIGIBILITY OF STAFFED WORKERS AND TELEWORKERS.

    Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended 
by section 102(b), is further amended by adding at the end the 
following:
    ``(h) Treatment of Staffed Workers and Teleworkers.--
            ``(1) In general.--For purposes of subsection (a), workers 
        in a firm include staffed workers and teleworkers.
            ``(2) Definitions.--In this subsection:
                    ``(A) Staffed worker.--The term `staffed worker' 
                means a worker who performs work under the operational 
                control of a firm that is the subject of a petition 
                filed under section 221, even if the worker is directly 
                employed by another firm.
                    ``(B) Teleworker.--The term `teleworker' means a 
                worker who works remotely but who reports to the 
                location listed for a firm in a petition filed under 
                section 221.''.

SEC. 105. APPLICATION OF DETERMINATIONS OF ELIGIBILITY TO WORKERS 
              EMPLOYED BY SUCCESSORS-IN-INTEREST.

    Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended 
by section 103(c), is further amended by adding at the end the 
following:
    ``(g) Treatment of Workers of Successors-in-Interest.--If the 
Secretary certifies a group of workers of a firm as eligible to apply 
for adjustment assistance under this chapter, a worker of a successor-
in-interest to that firm shall be covered by the certification to the 
same extent as a worker of that firm.''.

SEC. 106. PROVISION OF BENEFIT INFORMATION TO WORKERS.

    Section 225(b) of the Trade Act of 1974 (19 U.S.C. 2275(b)) is 
amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) by inserting after paragraph (1) the following:
    ``(2) The Secretary shall provide a second notice to a worker 
described in paragraph (1) before the worker has exhausted all rights 
to any unemployment insurance to which the worker is entitled (other 
than additional compensation described in section 231(a)(3)(B) funded 
by a State and not reimbursed from Federal funds).'';
            (3) in paragraph (3), as redesignated by paragraph (1), by 
        inserting ``print or digital'' before ``newspapers''; and
            (4) by adding at the end the following:
    ``(4) For purposes of providing outreach regarding the benefits 
available under this chapter to workers covered by a certification made 
under subchapter A, the Secretary may take any necessary actions, 
including the following:
            ``(A) Collect the email addresses and telephone numbers of 
        such workers from the employers of such workers to provide 
        outreach to such workers.
            ``(B) Partner with certified or recognized union or other 
        duly authorized representatives of such workers.
            ``(C) Hire peer support workers to perform outreach to 
        other workers covered by that certification.
            ``(D) Use advertising methods and public information 
        campaigns, including social media, in addition to notice 
        published in print or digital newspapers under paragraph 
        (3).''.

SEC. 107. MODIFICATIONS TO TRADE READJUSTMENT ALLOWANCES.

    (a) Payment To Complete Training.--Section 233 of the Trade Act of 
1974 (19 U.S.C. 2293) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by inserting after ``104-week 
                period'' the following: ``(or, in the case of an 
                adversely affected worker who requires a program of 
                prerequisite education or remedial education (as 
                described in section 236(a)(5)(D)) in order to complete 
                training approved for the worker under section 236, the 
                130-week period)'';
                    (B) in paragraph (3), by striking ``65 additional 
                weeks in the 78-week period'' and inserting ``78 
                additional weeks in the 91-week period''; and
                    (C) in the flush text, by striking ``78-week 
                period'' and inserting ``91-week period''; and
            (2) by amending subsection (f) to read as follows:
    ``(f) Payment of Trade Readjustment Allowances To Complete 
Training.--Notwithstanding any other provision of this section, in 
order to assist an adversely affected worker to complete training 
approved for the worker under section 236 that includes a program of 
prerequisite education or remedial education (as described in section 
236(a)(5)(D)), and in accordance with regulations prescribed by the 
Secretary, payments may be made as trade readjustment allowances for up 
to 26 additional weeks in the 26-week period that follows the last week 
of entitlement to trade readjustment allowances otherwise payable under 
this chapter.''.
    (b) Payment to Workers in On-the-Job Training, Customized Training, 
or Apprenticeship Programs.--Section 233(d) of the Trade Act of 1974 
(19 U.S.C. 2293(d)) is amended to read as follows:
    ``(d) Payment to Workers in On-the-Job Training, Customized 
Training, or Apprenticeship Programs.--
            ``(1) In general.--Except as provided in paragraph (2) and 
        notwithstanding any other provision of this chapter, a trade 
        readjustment allowance may be paid under this part to an 
        adversely affected worker for any week during which the worker 
        is receiving on-the-job training or customized training, or is 
        participating in a registered apprenticeship program, under 
        section 236.
            ``(2) Income limitation.--The Secretary shall reduce the 
        amount of the trade readjustment allowance otherwise payable to 
        a worker under paragraph (1) to ensure that the sum of the 
        income of the worker from the on-the-job training, customized 
        training, or apprenticeship program described in that paragraph 
        and the trade readjustment allowance paid to the worker under 
        that paragraph does not exceed $55,000 during a year.''.

SEC. 108. PROVISION OF INFORMATION ON WORK-BASED LEARNING 
              OPPORTUNITIES.

    Section 235(3) of the Trade Act of 1974 (19 U.S.C. 2295(3)) is 
amended by inserting after ``regional areas'' the following: 
``(including information about registered apprenticeship programs, on-
the-job training opportunities, and other work-based learning 
opportunities)''.

SEC. 109. TRAINING FOR WORKERS.

    Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraph (A); and
                            (ii) by redesignating subparagraphs (B) 
                        through (F) as subparagraphs (A) through (E), 
                        respectively;
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (A);
                            (ii) by redesignating subparagraphs (B) 
                        through (E) as subparagraphs (A) through (D), 
                        respectively;
                            (iii) in clause (i) of subparagraph (A), as 
                        redesignated by clause (ii), by striking 
                        ``subparagraph (C)'' and inserting 
                        ``subparagraph (D)'';
                            (iv) by striking subparagraph (D), as so 
                        redesignated; and
                            (v) by striking ``subparagraph (B)(i)'' 
                        each place it appears and inserting 
                        ``subparagraph (A)(i)'';
                    (C) in paragraph (3), by striking ``paragraph 
                (1)(C)'' and inserting ``paragraph (1)(B)'';
                    (D) in paragraph (5)(E), by inserting ``, including 
                a pre-apprenticeship program,'' after ``coursework''; 
                and
                    (E) in paragraph (9)(B)--
                            (i) in clause (i), by striking ``paragraph 
                        (1)(E)'' and inserting ``paragraph (1)(D)''; 
                        and
                            (ii) in clause (ii), by striking 
                        ``paragraph (1)(F)'' and inserting ``paragraph 
                        (1)(E)'';
            (2) in subsection (c)(3)(B), by striking ``, but may not 
        exceed 104 weeks in any case'';
            (3) by striking subsection (e);
            (4) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively; and
            (5) by adding at the end the following:
    ``(g) Reimbursement for Out-of-Pocket Training Expenses.--If the 
Secretary approves training for a worker under paragraph (1) of 
subsection (a), the Secretary may reimburse the worker for out-of-
pocket expenses relating to training programs described in paragraph 
(5) of that subsection that were incurred by the worker on and after 
the date of the worker's total or partial separation and before the 
date on which the certification of eligibility under section 222 that 
covers the worker is issued.
    ``(h) Pre-Apprenticeship Defined.--For purposes of subsection 
(a)(5)(D), the term `pre-apprenticeship', with respect to a program, 
means an initiative or set of strategies that is designed to prepare 
individuals to enter and succeed in an apprenticeship program 
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.).''.

SEC. 110. ELIGIBILITY CRITERIA FOR REEMPLOYMENT TRADE ADJUSTMENT 
              ASSISTANCE.

    Section 246(a) of the Trade Act of 1974 (19 U.S.C. 2318(a)) is 
amended--
            (1) in paragraph (3)(B)(ii), by striking ``$50,000'' and 
        inserting ``$55,000''; and
            (2) in paragraph (4)(A), by striking ``the earlier of'' and 
        all that follows and inserting ``the date on which the worker 
        obtains reemployment described in paragraph (3)(B).''.

SEC. 111. SUBPOENA POWER.

    Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``That authority includes the authority of States to require, 
        by subpoena, a firm to provide information on workers employed 
        by, or totally or partially separated from, the firm that is 
        necessary to make a determination under this chapter or to 
        provide outreach to workers, including the names and address of 
        workers.''; and
            (2) by adding at the end the following:
    ``(c) Enforcement of Subpoenas by States.--A State may enforce 
compliance with a subpoena issued under subsection (a)--
            ``(1) as provided for under State law; and
            ``(2) by petitioning an appropriate United States district 
        court for an order requiring compliance with the subpoena.''.

SEC. 112. DATA COLLECTION WITH RESPECT TO TRAINING.

    Section 249B of the Trade Act of 1974 (19 U.S.C. 2323) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(C)--
                            (i) by redesignating clauses (i) and (ii) 
                        as clauses (ii) and (iii), respectively; and
                            (ii) by inserting before clause (ii), as so 
                        redesignated, the following:
                            ``(i) the county or countries in which 
                        increased imports, shifts in production, and 
                        other bases of eligibilities under section 222 
                        originated;''; and
                    (B) in paragraph (4)(B), by inserting ``training 
                provider,'' after ``age,''; and
            (2) in subsection (e)(1), by striking subparagraph (C) and 
        inserting the following:
                    ``(C) the data collected under this section, in a 
                format searchable by petition number, firm, city, 
                State, Standard Industrial Classification, North 
                American Industry Classification System, basis of 
                certification, country of origin, and timeframe, with 
                an option to receive search results in an electronic 
                spreadsheet format, which shall include--
                            ``(i) firm;
                            ``(ii) city;
                            ``(iii) State;
                            ``(iv) petitioners;
                            ``(v) union at facility;
                            ``(vi) Standard Industrial Classification;
                            ``(vii) North American Industry 
                        Classification System;
                            ``(viii) description of the article 
                        produced or service supplied by the firm 
                        identified in the petition;
                            ``(ix) decision date;
                            ``(x) decision;
                            ``(xi) basis of certification;
                            ``(xii) reason provided in section 3.1 of 
                        the petition;
                            ``(xiii) country where the basis of 
                        eligibility originated;
                            ``(xiv) number of workers certified;
                            ``(xv) number of workers who received 
                        benefits;
                            ``(xvi) median earnings of post-training in 
                        State (or from a particular certification);
                            ``(xvii) impact date; and
                            ``(xviii) expiration date; and''.

SEC. 113. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.

    (a) Repeal of Termination Provision.--
            (1) In general.--Section 285 of the Trade Act of 1974 (19 
        U.S.C. 2271 note) is repealed.
            (2) Clerical amendment.--The table of contents for the 
        Trade Act of 1974 is amended by striking the item relating to 
        section 285.
    (b) Repeal of Snapback Provision.--Section 406 of the Trade 
Adjustment Assistance Reauthorization Act of 2015 (Public Law 114-27; 
129 Stat. 379) is repealed.
    (c) Reemployment Trade Adjustment Assistance.--Section 246(b)(1) of 
the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking 
``June 30, 2021'' and inserting ``September 30, 2027''.
    (d) Authorizations of Appropriations.--
            (1) Trade adjustment assistance for workers.--Section 
        245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended 
        by striking ``June 30, 2021'' and inserting ``September 30, 
        2027''.
            (2) Trade adjustment assistance for firms.--Section 255(a) 
        of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended by 
        striking ``2021'' and inserting ``2027''.

SEC. 114. SENSE OF CONGRESS.

    It is the sense of Congress that, in administering the trade 
adjustment assistance program under chapter 2 of title II of the Trade 
Act of 1974 (19 U.S.C. 2271 et seq.), a State should--
            (1) prioritize providing training that leads to employment 
        outcomes that replace 100 percent of an adversely affected 
        worker's wages; and
            (2) steer workers toward training that leads to a livable 
        wage and sustainable employment.

SEC. 115. EFFECTIVE DATE; APPLICABILITY.

    (a) In General.--The amendments made by this title take effect on 
the date of the enactment of this Act and apply with respect to a 
worker in a group of workers certified as eligible to apply for 
adjustment assistance under section 222 of the Trade Act of 1974 (19 
U.S.C. 2272) before, on, or after such date of enactment.
    (b) Applicability to Workers Receiving Benefits Before Date of 
Enactment.--A worker who began receiving benefits under subchapter B of 
chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2291 et seq.) 
before the date of the enactment of this Act shall receive benefits 
under such subchapter, as amended by this title, for any week beginning 
on and after that date during which the worker is eligible for such 
benefits under such chapter, as so amended.

 TITLE II--AMENDMENTS TO WORKER ADJUSTMENT AND RETRAINING NOTIFICATION 
                                  ACT

SEC. 201. WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT.

    (a) Definitions.--Section 2 of the Worker Adjustment and Retraining 
Notification Act (29 U.S.C. 2101) is amended to read as follows:

``SEC. 2. DEFINITIONS; EXCLUSIONS FROM DEFINITION OF LOSS OF 
              EMPLOYMENT.

    ``(a) Definitions.--As used in this Act:
            ``(1) Affected employee.--The term `affected employee' 
        means a full-time or part-time employee who may reasonably be 
        expected to experience an employment loss as a consequence of a 
        proposed plant closing or mass layoff by the employee's 
        employer.
            ``(2) Employer.--
                    ``(A) In general.--The term `employer' means any 
                business enterprise that--
                            ``(i) employs 50 or more employees, 
                        including part-time employees and including 
                        employees of the nominal employer and any 
                        entity that is the nominal employer's direct or 
                        indirect parent or is integrated with the 
                        nominal employer; or
                            ``(ii) has an annual payroll of at least 
                        $2,000,000.
                    ``(B) Definitions.--For the purposes of this 
                paragraph:
                            ``(i) Integrated.--The term `integrated', 
                        when used with respect to a business 
                        enterprise, means an entity whose relationship 
                        with another business enterprise includes--
                                    ``(I) common ownership;
                                    ``(II) common directors or 
                                officers;
                                    ``(III) de facto exercise of 
                                control;
                                    ``(IV) unity of personnel policies 
                                emanating from a common source; or
                                    ``(V) dependency of operations.
                            ``(ii) Parent.--The term `parent' means an 
                        entity, regardless of its financial interest in 
                        the nominal employer, that participates 
                        directly or indirectly in making decisions that 
                        affect the employees of the nominal employer or 
                        of multiple entities controlled by 1 person for 
                        a common business purpose.
                            ``(iii) Consideration.--In determining 
                        whether an entity is integrated with or a 
                        direct or indirect parent of a business 
                        enterprise that is the nominal employer, 
                        substantial weight shall be given to any 
                        decisionmaking responsibility the entity had 
                        for the practice that gave rise to the 
                        violation of this Act.
            ``(3) Employment loss.--Subject to subsection (b), the term 
        `employment loss' means--
                    ``(A) an employment termination, other than a 
                discharge for cause, voluntary departure, or 
                retirement;
                    ``(B) a layoff exceeding 3 months; or
                    ``(C) a reduction in hours of work of more than 50 
                percent during each month of any 3-month period.
            ``(4) Mass layoff.--
                    ``(A) In general.--The term `mass layoff' means a 
                reduction in force that results in an employment loss 
                during any 90-day period--
                            ``(i) for 10 or more employees of an 
                        employer at a single site of employment, as 
                        calculated under subparagraph (B); or
                            ``(ii) for 250 or more employees of an 
                        employer, irrespective of employment site.
                    ``(B) Calculation.--The number of employees at a 
                single site who suffer an employment loss shall be 
                calculated in a manner that includes--
                            ``(i) all such employees who work at the 
                        physical location of the site; and
                            ``(ii) all such employees who work remotely 
                        and--
                                    ``(I) are assigned to or otherwise 
                                associated with the site;
                                    ``(II) receive assignments or 
                                training from the site;
                                    ``(III) report to a manager 
                                associated with the site; or
                                    ``(IV) whose job loss was a 
                                foreseeable consequence of a reduction 
                                in force at the site.
            ``(5) Plant closing.--The term `plant closing' means the 
        permanent or temporary shutdown of a single site of employment, 
        or one or more facilities or operating units within a single 
        site of employment, that results in an employment loss at the 
        single site of employment during any 30-day period for 5 or 
        more employees, calculated in the same manner as described in 
        paragraph (4)(B).
            ``(6) Representative.--The term `representative' means an 
        exclusive representative of employees within the meaning of 
        section 8(f) or 9(a) of the National Labor Relations Act (29 
        U.S.C. 158(f); 159(a)) or section 2 of the Railway Labor Act 
        (45 U.S.C. 152).
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Labor.
            ``(8) Unit of local government.--The term `unit of local 
        government' means any general purpose political subdivision of 
        a State which has the power to levy taxes and spend funds, as 
        well as general corporate and police powers.
    ``(b) Exclusions From Employment Loss Due to a Plant Closing or 
Mass Layoff.--An employee shall not be considered to have experienced 
an employment loss due to a plant closing or mass layoff if the plant 
closing or mass layoff is the result of the relocation or consolidation 
of part or all of the employer's business and, prior to the plant 
closing or mass layoff--
            ``(1) the employer offers to transfer the employee to a 
        different site of employment within a reasonable commuting 
        distance with no more than a 3-month break in employment; or
            ``(2) the employer offers to transfer the employee to any 
        other site of employment regardless of distance with no more 
        than a 3-month break in employment, and the employee accepts 
        within 30 days of the offer or of the plant closing or mass 
        layoff, whichever is later.''.
    (b) Availability of Trade Adjustment Assistance.--Section 3(a) of 
the Worker Adjustment and Retraining Notification Act (29 U.S.C. 
2102(a)) is amended--
            (1) in the first sentence--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively; and
                    (B) by striking ``An employer'' and inserting ``(1) 
                An employer'';
            (2) in the second sentence, by striking ``If there'' and 
        inserting the following:
    ``(2) If there''; and
            (3) by adding at the end the following:
    ``(3) If the plant closing or mass layoff involved is caused by 
conditions described in section 222(a)(2) of the Trade Act of 1974 (19 
U.S.C. 2272(a)(2)), then, in serving notice under paragraph (1)(A), the 
employer shall include in the notice information on the availability of 
adjustment assistance under chapter 2 of title II of the Trade Act of 
1974 (19 U.S.C. 2271 et seq.) for eligible workers.''.
    (c) Notice Requirements Relating to Shifts in Production.--Section 
3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 
2102) is amended--
            (1) in subsection (d), by striking ``(2) or (3)'' and 
        inserting ``(4)(A) or (5)''; and
            (2) by adding at the end the following:
    ``(e) Statement Relating to Shifts in Production of Articles or 
Supply of Services.--(1) If the plant closing or mass layoff involved 
is caused by conditions described in section 222(a)(2)(B) of the Trade 
Act of 1974 (19 U.S.C. 2272(a)(2)(B)), then, in serving notice under 
subsection (a), the employer shall include in the notice a statement 
that the closing or layoff was so caused.
    ``(2) Each State that receives a notice under subsection (a) that 
includes a statement described in paragraph (1) shall notify the 
Secretary of that receipt, immediately file a petition under subsection 
(a)(1) of section 221 of the Trade Act of 1974 (19 U.S.C. 2271) on 
behalf of that group of workers, and act as the petitioner for that 
petition under this chapter.
    ``(3) If the Secretary receives a petition under paragraph (2) 
regarding a plant closing or mass layoff affecting a group of workers, 
the Secretary shall--
            ``(A) immediately initiate an investigation under 
        subsection (a)(3) of that section 221;
            ``(B) immediately waive the requirements for a hearing 
        under subsection (b) of that section 221; and
            ``(C) unless the Secretary issues a determination that 
        includes substantial evidence that the petition has not met the 
        requirements of paragraph (1) or (2)(B) of section 222(a) of 
        the Trade Act of 1974 (19 U.S.C. 2272(a)) within 20 days after 
        receipt of the petition--
                    ``(i) certify the group of workers under section 
                222 of that Act (19 U.S.C. 2272); or
                    ``(ii) be considered to have issued such 
                certification on the 21st day after receipt of the 
                petition.
    ``(4) Even after the Secretary issues such a certification for a 
group of workers at a firm under paragraph (3)(C), the Secretary may 
conduct an investigation under subsection (a)(3) of that section 221 to 
identify additional groups of workers who may be eligible for benefits 
under this chapter.
    ``(f) Notification of Downstream Producers and Suppliers.--On 
certification of a group of workers as described in subsection 
(e)(3)(C), the Secretary, in conjunction with the State in which the 
site of employment involved is located, shall--
            ``(1) endeavor to identify downstream producers and 
        suppliers as defined in section 222(c) of the Trade Act of 1974 
        (19 U.S.C. 2272(c)) that are potentially impacted by the plant 
        closing or mass layoff involved;
            ``(2) provide to such producers and suppliers--
                    ``(A) concerning benefits available under chapter 2 
                of title II of the Trade Act of 1974 (19 U.S.C. 2271 et 
                seq.), a description of the benefits, of the means for 
                filing a petition and applying for such benefits, and 
                of the availability of assistance in filing the 
                petition; and
                    ``(B) concerning benefits available under chapter 3 
                of that title (19 U.S.C. 2341 et seq.), the description 
                specified in subparagraph (A); and
            ``(3) direct the producers and suppliers to provide to 
        their workers the description specified in paragraph (2)(A), 
        concerning benefits described in paragraph (2)(A).
    ``(g) State Transmittal of Notices.--Each State that receives 1 or 
more notices described in subsection (a)(2) during a calendar quarter 
shall, not later than 10 days after the end of the quarter, transmit 
the notices to the Secretary.''.
    (d) Administrative Enforcement and Database.--Section 5 of the 
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2014) is 
amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by inserting after subsection (a) the following:
    ``(b) Administrative Enforcement.--(1) The Secretary may impose a 
fine on any employer who orders a plant closing or mass layoff in 
violation of section 3.
    ``(2) The Secretary shall deposit the fines in an account. Funds in 
the account shall be available to States, without appropriation, for an 
activity authorized under subchapter B of chapter 2 of title II of the 
Trade Act of 1974 (19 U.S.C. 2291 et seq.).
    ``(c) Database.--
            ``(1) In general.--The Secretary shall establish and 
        maintain a database, available to the public, of notices served 
        under section 3(a).
            ``(2) Features.--In carrying out paragraph (1), the 
        Secretary shall ensure that all such notices are accessible and 
        searchable by including in the database--
                    ``(A) a link to the notices, or files containing 
                the notices in portable document format; and
                    ``(B) an interactive map and search tool that is 
                capable of--
                            ``(i) sorting the notices, by date and 
                        region of the plant closings and mass layoffs 
                        described in the notices; and
                            ``(ii) enabling the user to locate plant 
                        closings and mass layoffs of various sizes, in 
                        terms of numbers of employees affected.
            ``(3) Other information.--
                    ``(A) In general.--The Secretary shall ensure that 
                the database includes, for each such notice, 
                information on the political subdivision, county, and 
                local area where the plant closing or mass layoff takes 
                place, the number of affected workers, the date of the 
                notice, the date of the beginning of the plant closing 
                or mass layoff, and the North American Industry 
                Classification System code for the affected industry.
                    ``(B) Definition.--In this paragraph, the term 
                `local area' has the meaning given the term in section 
                3 of the Workforce Innovation and Opportunity Act (29 
                U.S.C. 3102).''.
    (e) Report on Plant Closings and Mass Layoffs.--The Worker 
Adjustment and Retraining Notification Act is amended by inserting 
after section 10 (29 U.S.C. 2109) the following:

``SEC. 10A. REPORT ON PLANT CLOSINGS AND MASS LAYOFFS.

    ``The Secretary shall annually prepare, submit to Congress, and 
make available to the public, a report that specifies, for the year 
involved--
            ``(1) the number of plant closings and mass layoffs that 
        occurred, for which employers were subject to the notification 
        requirements of section 3; and
            ``(2) the number of such plant closings and mass layoffs 
        for which employers met the requirements.''.
    (f) Conforming Amendments.--
            (1) Worker adjustment and retraining notification act.--
        Sections 8(a) and 11 of the Worker Adjustment and Retraining 
        Notification Act (29 U.S.C. 2107(a), 2101 note) are amended by 
        striking ``of Labor''.
            (2) Trade act of 1974.--Section 223(a) of the Trade Act of 
        1974 (19 U.S.C. 2273(a)) is amended by inserting ``(except as 
        provided in section 3(e)(3)(C) of the Worker Adjustment and 
        Retraining Notification Act (29 U.S.C. 2102(e)(3)(C)))'' after 
        ``40 days''.

                   TITLE III--HEALTH CARE TAX CREDIT

SEC. 301. EXTENSION OF CREDIT FOR HEALTH INSURANCE COSTS.

    (a) In General.--Subparagraph (B) of section 35(b)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``January 1, 
2020'' and inserting ``January 1, 2027''.
    (b) Increase in Credit Percentage.--Subsection (a) of section 35 of 
the Internal Revenue Code of 1986 is amended by striking ``72.5 
percent'' and inserting ``80 percent''.
    (c) Conforming Amendments.--Subsections (b) and (e)(1) of section 
7527 of the Internal Revenue Code of 1986 are each amended by striking 
``72.5 percent'' and inserting ``80 percent''.
    (d) Effective Date.--The amendments made by this section shall 
apply to coverage months beginning after December 31, 2019.
                                 <all>