,,ii #aafth ,,congress #b;d ,session ,s4 #ceee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bj1 #bjbj,ms4 ,stabenow 7for herself and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to expand the trade adjustment assistance for workers program1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,trade ,adjustment ,assistance ,for ,workers ,reauthorization ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,trade adjustment assistance program,sec4 #aja4 ,filing petitions4,sec4 #ajb4 ,adjustment assistance for retaliatory tariff increases4,sec4 #ajc4 ,adjustment assistance for supply chain disruptions and decreased exports during public health emergencies4,sec4 #ajd4 ,eligibility of staffed workers and teleworkers4,sec4 #aje4 ,application of determinations of eligibility to workers employed by successors-in-interest4,sec4 #ajf4 ,provision of benefit information to workers4,sec4 #ajg4 ,modifications to trade readjustment allowances4,sec4 #ajh4 ,provision of information on work-based learning opportunities4,sec4 #aji4 ,training for workers4,sec4 #aaj4 ,eligibility criteria for reemployment trade adjustment assistance4,sec4 #aaa4 ,subpoena power4,sec4 #aab4 ,data collection with respect to training4,sec4 #aac4 ,extension of trade adjustment assistance program4,sec4 #aad4 ,sense of ,congress4,sec4 #aae4 ,effective date2 applicability4,,title ,,ii--,amendments to ,worker ,adjustment and ,retraining ,notification ,act,sec4 #bja4 ,worker ,adjustment and ,retraining ,notification ,act4,,title ,,iii--,health care tax credit,sec4 #cja4 ,extension of credit for health insurance costs4 ,i ,trade adjustment assistance program #aja4 ,filing petitions ,section #bba7;a77#a77;,a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga7;a77#a77;,a77 is amended to read as follows3 7,a7 ,two or more workers in the group of workers4 4 #ajb4 ,adjustment assistance for retaliatory tariff increases 7a7 ,in general ,section #bbb7;a77#b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7;a77#b77 is amended-- 7#a7 in subparagraph 7,a77iii71 by striking or at the end2 7#b7 in subparagraph 7,b77ii71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,c7 7i7 the sales or production1 or both1 of such firm have decreased2 7ii7 exports of articles produced or services supplied by such workers' firm have decreased2 7iii7 the decrease in exports described in clause 7ii7 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 country2 and 7iv7 the decrease in exports described in clause 7ii7 contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm4 4 7b7 ,consultations with respect to foreign retaliatory actions ,section #bbb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7 is amended by adding at the end the following3 7f7 ,consultations with respect to foreign retaliatory actions ,in making determinations under subsection 7a77#b77;,c71 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 country4 4 #ajc4 ,adjustment assistance for supply chain disruptions and decreased exports during public health emergencies 7a7 ,in general ,section #bbb7;a77#b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7;a77#b771 as amended by section #ajb1 is further amended-- 7#a7 in subparagraph 7,b77ii71 by striking or at the end2 7#b7 in subparagraph 7,c77iv71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,d7 7i7 the sales or production1 or both1 of such firm have decreased2 7ii7 the decrease in sales or production1 or both1 of such firm resulted in whole or in part from a decrease in imports of components or supplies that-- 7,i7 are directly incorporated into an article produced by such firm2 and 7,,ii7 are not available in sufficient quantities in the ,united ,states2 and 7iii7 the decrease in imports of components or supplies described in clause 7ii7 contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm2 or 7,e7 7i7 the sales or production1 or both1 of such firm have decreased2 7ii7 exports of articles produced or services supplied by such workers' firm have decreased2 7iii7 the decrease in exports described in clause 7ii7 occurred during a period during which-- 7,i7 a public health emergency declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 is in effect for the jurisdiction in which such firm is located2 or 7,,ii7 a national emergency declared under section #bja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba7 with respect to public health and safety within the ,united ,states is in effect2 and 7iv7 the decrease in exports described in clause 7ii7 contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm4 4 7b7 ,public health emergency defined ,section #bbb7;c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7;c77 is amended by adding at the end the following3 7#e7 ,public health emergency ,the term public health emergency means a public health emergency declared-- 7,a7 by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 or 7,b7 by a public health official of a ,state with authority to declare such an emergency for the ,state or a jurisdiction within the ,state4 4 7c7 ,special rules ,section #bbc of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7 is amended by adding at the end the following3 7f7 ,special rules relating to supply chain disruption and public health emergencies 7#a7 ,waiver authority ,during a period described in subparagraph 7,e77iii7 of section #bbb7;a77#b71 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 7,d7 and 7,e7 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 possible4 7#b7 ,expedited certification 7,a7 ,in general ,if the case of a petition described in subparagraph 7,c71 the ,secretary may-- 7i7 waive all applicable hearings or investigations2 and 7ii7 subject to subparagraph 7,b71 issue a certification of eligibility covering that group of workers as soon as possible4 7,b7 ,denials2 requirements ,the ,secretary may-- 7i7 require such information as is necessary for the ,secretary to issue a certification of eligibility pursuant to a petition described in subparagraph 7,c72 and 7ii7 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 7,d7 or 7,e7 of section #bbb7;a77#b74 7,c7 ,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 #bba7;a77#a7-- 7i7 based on the eligibility requirements described in subparagraph 7,d7 or 7,e7 of section #bbb7;a77#b72 and 7ii7 filed by-- 7,i7 the certified or recognized union or other duly authorized representative of such workers2 7,,ii7 such workers' firm2 or 7,,iii7 a ,state agency4 4 #ajd4 ,eligibility of staffed workers and teleworkers ,section #bbb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb71 as amended by section #ajb7;b71 is further amended by adding at the end the following3 7h7 ,treatment of staffed workers and teleworkers 7#a7 ,in general ,for purposes of subsection 7a71 workers in a firm include staffed workers and teleworkers4 7#b7 ,definitions ,in this subsection3 7,a7 ,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 #bba1 even if the worker is directly employed by another firm4 7,b7 ,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 #bba4 4 #aje4 ,application of determinations of eligibility to workers employed by successors-in-interest ,section #bbc of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgc71 as amended by section #ajc7;c71 is further amended by adding at the end the following3 7g7 ,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 chapter1 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 firm4 4 #ajf4 ,provision of benefit information to workers ,section #bbe7;b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbge7;b77 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,the ,secretary shall provide a second notice to a worker described in paragraph 7#a7 before the worker has exhausted all rights to any unemployment insurance to which the worker is entitled 7other than additional compensation described in section #bca7;a77#c77;,b7 funded by a ,state and not reimbursed from ,federal funds74 2 7#c7 in paragraph 7#c71 as redesignated by paragraph 7#a71 by inserting print or digital before newspapers2 and 7#d7 by adding at the end the following3 7#d7 ,for purposes of providing outreach regarding the benefits available under this chapter to workers covered by a certification made under subchapter ,a1 the ,secretary may take any necessary actions1 including the following3 7,a7 ,collect the email addresses and telephone numbers of such workers from the employers of such workers to provide outreach to such workers4 7,b7 ,partner with certified or recognized union or other duly authorized representatives of such workers4 7,c7 ,hire peer support workers to perform outreach to other workers covered by that certification4 7,d7 ,use advertising methods and public information campaigns1 including social media1 in addition to notice published in print or digital newspapers under paragraph 7#c74 4 #ajg4 ,modifications to trade readjustment allowances 7a7 ,payment ,to complete training ,section #bcc of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbic7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by inserting after #ajd-week period the following3 7or1 in the case of an adversely affected worker who requires a program of prerequisite education or remedial education 7as described in section #bcf7;a77#e77;,d77 in order to complete training approved for the worker under section #bcf1 the #acj-week period72 7,b7 in paragraph 7#c71 by striking #fe additional weeks in the #gh-week period and inserting #gh additional weeks in the #ia-week period2 and 7,c7 in the flush text1 by striking #gh-week period and inserting #ia-week period2 and 7#b7 by amending subsection 7f7 to read as follows3 7f7 ,payment of trade readjustment allowances ,to complete training ,notwithstanding any other provision of this section1 in order to assist an adversely affected worker to complete training approved for the worker under section #bcf that includes a program of prerequisite education or remedial education 7as described in section #bcf7;a77#e77;,d771 and in accordance with regulations prescribed by the ,secretary1 payments may be made as trade readjustment allowances for up to #bf additional weeks in the #bf-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter4 4 7b7 ,payment to workers in on-the-,job training1 customized training1 or apprenticeship programs ,section #bcc7;d7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbic7;d77 is amended to read as follows3 7d7 ,payment to workers in on-the-,job training1 customized training1 or apprenticeship programs 7#a7 ,in general ,except as provided in paragraph 7#b7 and notwithstanding any other provision of this chapter1 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 training1 or is participating in a registered apprenticeship program1 under section #bcf4 7#b7 ,income limitation ,the ,secretary shall reduce the amount of the trade readjustment allowance otherwise payable to a worker under paragraph 7#a7 to ensure that the sum of the income of the worker from the on-the-job training1 customized training1 or apprenticeship program described in that paragraph and the trade readjustment allowance paid to the worker under that paragraph does not exceed #ee1jjj during a year4 4 #ajh4 ,provision of information on work-based learning opportunities ,section #bce7c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbie7c77 is amended by inserting after regional areas the following3 7including information about registered apprenticeship programs1 on-the-job training opportunities1 and other work-based learning opportunities74 #aji4 ,training for workers ,section #bcf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbif7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,a72 and 7ii7 by redesignating subparagraphs 7,b7 through 7,f7 as subparagraphs 7,a7 through 7,e71 respectively2 7,b7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a72 7ii7 by redesignating subparagraphs 7,b7 through 7,e7 as subparagraphs 7,a7 through 7,d71 respectively2 7iii7 in clause 7i7 of subparagraph 7,a71 as redesignated by clause 7ii71 by striking subparagraph 7,c7 and inserting subparagraph 7,d72 7iv7 by striking subparagraph 7,d71 as so redesignated2 and 7v7 by striking subparagraph 7,b77i7 each place it appears and inserting subparagraph 7,a77i72 7,c7 in paragraph 7#c71 by striking paragraph 7#a77;,c7 and inserting paragraph 7#a77;,b72 7,d7 in paragraph 7#e77;,e71 by inserting 1 including a pre-apprenticeship program1 after coursework2 and 7,e7 in paragraph 7#i77;,b7-- 7i7 in clause 7i71 by striking paragraph 7#a77;,e7 and inserting paragraph 7#a77;,d72 and 7ii7 in clause 7ii71 by striking paragraph 7#a77;,f7 and inserting paragraph 7#a77;,e72 7#b7 in subsection 7c77#c77;,b71 by striking 1 but may not exceed #ajd weeks in any case2 7#c7 by striking subsection 7e72 7#d7 by redesignating subsections 7f7 and 7g7 as subsections 7e7 and 7f71 respectively2 and 7#e7 by adding at the end the following3 7g7 ,reimbursement for out-of-,pocket training expenses ,if the ,secretary approves training for a worker under paragraph 7#a7 of subsection 7a71 the ,secretary may reimburse the worker for out-of-pocket expenses relating to training programs described in paragraph 7#e7 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 #bbb that covers the worker is issued4 7h7 ,pre-,apprenticeship defined ,for purposes of subsection 7a77#e77;,d71 the term pre-apprenticeship1 with respect to a program1 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 #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 4 #aaj4 ,eligibility criteria for reemployment trade adjustment assistance ,section #bdf7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcah7;a77 is amended-- 7#a7 in paragraph 7#c77;,b77ii71 by striking #ej1jjj and inserting #ee1jjj2 and 7#b7 in paragraph 7#d77;,a71 by striking the earlier of and all that follows and inserting the date on which the worker obtains reemployment described in paragraph 7#c77;,b744 #aaa4 ,subpoena power ,section #bdi of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcba7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 ,that authority includes the authority of ,states to require1 by subpoena1 a firm to provide information on workers employed by1 or totally or partially separated from1 the firm that is necessary to make a determination under this chapter or to provide outreach to workers1 including the names and address of workers42 and 7#b7 by adding at the end the following3 7c7 ,enforcement of subpoenas by ,states ,a ,state may enforce compliance with a subpoena issued under subsection 7a7-- 7#a7 as provided for under ,state law2 and 7#b7 by petitioning an appropriate ,united ,states district court for an order requiring compliance with the subpoena4 4 #aab4 ,data collection with respect to training ,section #bdi;,b of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcbc7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,c7-- 7i7 by redesignating clauses 7i7 and 7ii7 as clauses 7ii7 and 7iii71 respectively2 and 7ii7 by inserting before clause 7ii71 as so redesignated1 the following3 7i7 the county or countries in which increased imports1 shifts in production1 and other bases of eligibilities under section #bbb originated2 2 and 7,b7 in paragraph 7#d77;,b71 by inserting training provider1 after age12 and 7#b7 in subsection 7e77#a71 by striking subparagraph 7,c7 and inserting the following3 7,c7 the data collected under this section1 in a format searchable by petition number1 firm1 city1 ,state1 ,standard ,industrial ,classification1 ,north ,american ,industry ,classification ,system1 basis of certification1 country of origin1 and timeframe1 with an option to receive search results in an electronic spreadsheet format1 which shall include-- 7i7 firm2 7ii7 city2 7iii7 ,state2 7iv7 petitioners2 7v7 union at facility2 7vi7 ,standard ,industrial ,classification2 7vii7 ,north ,american ,industry ,classification ,system2 7viii7 description of the article produced or service supplied by the firm identified in the petition2 7ix7 decision date2 7x7 decision2 7xi7 basis of certification2 7xii7 reason provided in section #c4a of the petition2 7xiii7 country where the basis of eligibility originated2 7xiv7 number of workers certified2 7xv7 number of workers who received benefits2 7xvi7 median earnings of post-training in ,state 7or from a particular certification72 7xvii7 impact date2 and 7xviii7 expiration date2 and 4 #aac4 ,extension of trade adjustment assistance program 7a7 ,repeal of termination provision 7#a7 ,in general ,section #bhe of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga note7 is repealed4 7#b7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd is amended by striking the item relating to section #bhe4 7b7 ,repeal of snapback provision ,section #djf of the ,trade ,adjustment ,assistance ,reauthorization ,act of #bjae 7,public ,law #aad-bg2 #abi ,stat4 #cgi7 is repealed4 7c7 ,reemployment trade adjustment assistance ,section #bdf7;b77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcah7;b77#a77 is amended by striking ,june #cj1 #bjba and inserting ,september #cj1 #bjbg4 7d7 ,authorizations of appropriations 7#a7 ,trade adjustment assistance for workers ,section #bde7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcag7;a77 is amended by striking ,june #cj1 #bjba and inserting ,september #cj1 #bjbg4 7#b7 ,trade adjustment assistance for firms ,section #bee7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcde7;a77 is amended by striking #bjba and inserting #bjbg4 #aad4 ,sense of ,congress ,it is the sense of ,congress that1 in administering the trade adjustment assistance program under chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga et seq471 a ,state should-- 7#a7 prioritize providing training that leads to employment outcomes that replace #ajj percent of an adversely affected worker's wages2 and 7#b7 steer workers toward training that leads to a livable wage and sustainable employment4 #aae4 ,effective date2 applicability 7a7 ,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 #bbb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7 before1 on1 or after such date of enactment4 7b7 ,applicability to workers receiving benefits before date of enactment ,a worker who began receiving benefits under subchapter ,b of chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbia et seq47 before the date of the enactment of this ,act shall receive benefits under such subchapter1 as amended by this title1 for any week beginning on and after that date during which the worker is eligible for such benefits under such chapter1 as so amended4 ,,ii ,amendments to ,worker ,adjustment and ,retraining ,notification ,act #bja4 ,worker ,adjustment and ,retraining ,notification ,act 7a7 ,definitions ,section #b of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja7 is amended to read as follows3 #b4 ,definitions2 exclusions from definition of loss of employment 7a7 ,definitions ,as used in this ,act3 7#a7 ,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 employer4 7#b7 ,employer 7,a7 ,in general ,the term employer means any business enterprise that-- 7i7 employs #ej or more employees1 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 employer2 or 7ii7 has an annual payroll of at least #b1jjj1jjj4 7,b7 ,definitions ,for the purposes of this paragraph3 7i7 ,integrated ,the term integrated1 when used with respect to a business enterprise1 means an entity whose relationship with another business enterprise includes-- 7,i7 common ownership2 7,,ii7 common directors or officers2 7,,iii7 de facto exercise of control2 7,,iv7 unity of personnel policies emanating from a common source2 or 7,v7 dependency of operations4 7ii7 ,parent ,the term parent means an entity1 regardless of its financial interest in the nominal employer1 that participates directly or indirectly in making decisions that affect the employees of the nominal employer or of multiple entities controlled by #a person for a common business purpose4 7iii7 ,consideration ,in determining whether an entity is integrated with or a direct or indirect parent of a business enterprise that is the nominal employer1 substantial weight shall be given to any decisionmaking responsibility the entity had for the practice that gave rise to the violation of this ,act4 7#c7 ,employment loss ,subject to subsection 7b71 the term employment loss means-- 7,a7 an employment termination1 other than a discharge for cause1 voluntary departure1 or retirement2 7,b7 a layoff exceeding #c months2 or 7,c7 a reduction in hours of work of more than #ej percent during each month of any #c-month period4 7#d7 ,mass layoff 7,a7 ,in general ,the term mass layoff means a reduction in force that results in an employment loss during any #ij-;day period-- 7i7 for #aj or more employees of an employer at a single site of employment1 as calculated under subparagraph 7,b72 or 7ii7 for #bej or more employees of an employer1 irrespective of employment site4 7,b7 ,calculation ,the number of employees at a single site who suffer an employment loss shall be calculated in a manner that includes-- 7i7 all such employees who work at the physical location of the site2 and 7ii7 all such employees who work remotely and-- 7,i7 are assigned to or otherwise associated with the site2 7,,ii7 receive assignments or training from the site2 7,,iii7 report to a manager associated with the site2 or 7,,iv7 whose job loss was a foreseeable consequence of a reduction in force at the site4 7#e7 ,plant closing ,the term plant closing means the permanent or temporary shutdown of a single site of employment1 or one or more facilities or operating units within a single site of employment1 that results in an employment loss at the single site of employment during any #cj-;day period for #e or more employees1 calculated in the same manner as described in paragraph 7#d77;,b74 7#f7 ,representative ,the term representative means an exclusive representative of employees within the meaning of section #h7;f7 or #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f72 #aei7;a77 or section #b of the ,railway ,labor ,act 7#de ,u4,s4,c4 #aeb74 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#h7 ,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 funds1 as well as general corporate and police powers4 7b7 ,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 and1 prior to the plant closing or mass layoff-- 7#a7 the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a #c-month break in employment2 or 7#b7 the employer offers to transfer the employee to any other site of employment regardless of distance with no more than a #c-month break in employment1 and the employee accepts within #cj days of the offer or of the plant closing or mass layoff1 whichever is later4 4 7b7 ,availability of trade adjustment assistance ,section #c7;a7 of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #bajb7;a77 is amended-- 7#a7 in the first sentence-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7,b7 by striking ,an employer and inserting 7#a7 ,an employer2 7#b7 in the second sentence1 by striking ,if there and inserting the following3 7#b7 ,if there 2 and 7#c7 by adding at the end the following3 7#c7 ,if the plant closing or mass layoff involved is caused by conditions described in section #bbb7;a77#b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7;a77#b771 then1 in serving notice under paragraph 7#a77;,a71 the employer shall include in the notice information on the availability of adjustment assistance under chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga et seq47 for eligible workers4 4 7c7 ,notice requirements relating to shifts in production ,section #c of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #bajb7 is amended-- 7#a7 in subsection 7d71 by striking 7#b7 or 7#c7 and inserting 7#d77;,a7 or 7#e72 and 7#b7 by adding at the end the following3 7e7 ,statement relating to shifts in production of articles or supply of services 7#a7 ,if the plant closing or mass layoff involved is caused by conditions described in section #bbb7;a77#b77;,b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7;a77#b77;,b771 then1 in serving notice under subsection 7a71 the employer shall include in the notice a statement that the closing or layoff was so caused4 7#b7 ,each ,state that receives a notice under subsection 7a7 that includes a statement described in paragraph 7#a7 shall notify the ,secretary of that receipt1 immediately file a petition under subsection 7a77#a7 of section #bba of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga7 on behalf of that group of workers1 and act as the petitioner for that petition under this chapter4 7#c7 ,if the ,secretary receives a petition under paragraph 7#b7 regarding a plant closing or mass layoff affecting a group of workers1 the ,secretary shall-- 7,a7 immediately initiate an investigation under subsection 7a77#c7 of that section #bba2 7,b7 immediately waive the requirements for a hearing under subsection 7b7 of that section #bba2 and 7,c7 unless the ,secretary issues a determination that includes substantial evidence that the petition has not met the requirements of paragraph 7#a7 or 7#b77;,b7 of section #bbb7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7;a77 within #bj days after receipt of the petition-- 7i7 certify the group of workers under section #bbb of that ,act 7#ai ,u4,s4,c4 #bbgb72 or 7ii7 be considered to have issued such certification on the #bast day after receipt of the petition4 7#d7 ,even after the ,secretary issues such a certification for a group of workers at a firm under paragraph 7#c77;,c71 the ,secretary may conduct an investigation under subsection 7a77#c7 of that section #bba to identify additional groups of workers who may be eligible for benefits under this chapter4 7f7 ,notification of downstream producers and suppliers ,on certification of a group of workers as described in subsection 7e77#c77;,c71 the ,secretary1 in conjunction with the ,state in which the site of employment involved is located1 shall-- 7#a7 endeavor to identify downstream producers and suppliers as defined in section #bbb7;c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7;c77 that are potentially impacted by the plant closing or mass layoff involved2 7#b7 provide to such producers and suppliers-- 7,a7 concerning benefits available under chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga et seq471 a description of the benefits1 of the means for filing a petition and applying for such benefits1 and of the availability of assistance in filing the petition2 and 7,b7 concerning benefits available under chapter #c of that title 7#ai ,u4,s4,c4 #bcda et seq471 the description specified in subparagraph 7,a72 and 7#c7 direct the producers and suppliers to provide to their workers the description specified in paragraph 7#b77;,a71 concerning benefits described in paragraph 7#b77;,a74 7g7 ,state transmittal of notices ,each ,state that receives #a or more notices described in subsection 7a77#b7 during a calendar quarter shall1 not later than #aj days after the end of the quarter1 transmit the notices to the ,secretary4 4 7d7 ,administrative enforcement and database ,section #e of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #bjad7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7d72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,administrative enforcement 7#a7 ,the ,secretary may impose a fine on any employer who orders a plant closing or mass layoff in violation of section #c4 7#b7 ,the ,secretary shall deposit the fines in an account4 ,funds in the account shall be available to ,states1 without appropriation1 for an activity authorized under subchapter ,b of chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbia et seq474 7c7 ,database 7#a7 ,in general ,the ,secretary shall establish and maintain a database1 available to the public1 of notices served under section #c7;a74 7#b7 ,features ,in carrying out paragraph 7#a71 the ,secretary shall ensure that all such notices are accessible and searchable by including in the database-- 7,a7 a link to the notices1 or files containing the notices in portable document format2 and 7,b7 an interactive map and search tool that is capable of-- 7i7 sorting the notices1 by date and region of the plant closings and mass layoffs described in the notices2 and 7ii7 enabling the user to locate plant closings and mass layoffs of various sizes1 in terms of numbers of employees affected4 7#c7 ,other information 7,a7 ,in general ,the ,secretary shall ensure that the database includes1 for each such notice1 information on the political subdivision1 county1 and local area where the plant closing or mass layoff takes place1 the number of affected workers1 the date of the notice1 the date of the beginning of the plant closing or mass layoff1 and the ,north ,american ,industry ,classification ,system code for the affected industry4 7,b7 ,definition ,in this paragraph1 the term local area has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 4 7e7 ,report on plant closings and mass layoffs ,the ,worker ,adjustment and ,retraining ,notification ,act is amended by inserting after section #aj 7#bi ,u4,s4,c4 #baji7 the following3 #aj;,a4 ,report on plant closings and mass layoffs ,the ,secretary shall annually prepare1 submit to ,congress1 and make available to the public1 a report that specifies1 for the year involved-- 7#a7 the number of plant closings and mass layoffs that occurred1 for which employers were subject to the notification requirements of section #c2 and 7#b7 the number of such plant closings and mass layoffs for which employers met the requirements4 4 7f7 ,conforming amendments 7#a7 ,worker adjustment and retraining notification act ,sections #h7;a7 and #aa of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #bajg7;a71 #baja note7 are amended by striking of ,labor4 7#b7 ,trade act of #aigd ,section #bbc7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgc7;a77 is amended by inserting 7except as provided in section #c7;e77#c77;,c7 of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #bajb7;e77#c77;,c777 after #dj days4 ,,iii ,health care tax credit #cja4 ,extension of credit for health insurance costs 7a7 ,in general ,subparagraph 7,b7 of section #ce7;b77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking ,january #a1 #bjbj and inserting ,january #a1 #bjbg4 7b7 ,increase in credit percentage ,subsection 7a7 of section #ce of the ,internal ,revenue ,code of #aihf is amended by striking #gb4e percent and inserting #hj percent4 7c7 ,conforming amendments ,subsections 7b7 and 7e77#a7 of section #gebg of the ,internal ,revenue ,code of #aihf are each amended by striking #gb4e percent and inserting #hj percent4 7d7 ,effective date ,the amendments made by this section shall apply to coverage months beginning after ,december #ca1 #bjai4