[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9963 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9963
To amend the Worker Adjustment and Retraining Notification Act to
require employers who are ordering a plant closing or mass layoff to
cover the cost of an economic impact study in each impacted unit of
local government, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 11, 2024
Mr. DeSaulnier introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committees on Transportation and Infrastructure, and Financial
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Worker Adjustment and Retraining Notification Act to
require employers who are ordering a plant closing or mass layoff to
cover the cost of an economic impact study in each impacted unit of
local government, 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 ``Justice for Local Communities and
Workers Act''.
SEC. 2. DEFINITIONS.
Section 2(a) of the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2101(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting before the
semicolon at the end the following: ``, without regard
to the number of employees employed within a single
site of employment''; and
(B) in subparagraph (B), by inserting before the
semicolon at the end the following: ``, without regard
to the number of employees employed within a single
site of employment'';
(2) in paragraph (2)--
(A) by striking ``means the permanent'' and
inserting the following: ``means--
``(A) the permanent'';
(B) in subparagraph (A), as so designated by this
paragraph, by striking ``50 or more employees excluding
any part-time employees'' and inserting ``25 or more
full-time employees or 75 or more full-time or part-
time employees; or''; and
(C) by adding at the end the following:
``(B) a permanent or temporary shutdown of a single
site of employment of multiple employers, if such
employers contract with a common employer of the
affected employees and if such shutdown results in a
combined employment loss during any 30-day period for
50 or more employees, excluding any part-time
employees.''; and
(3) in paragraph (3)(B), by striking clauses (i) and (ii)
and inserting the following:
``(i) at least 33 percent of the employees
(excluding any part-time employees); and
``(ii) 25 or more full-time employees or 75
or more full-time or part-time employees.''.
SEC. 3. NOTIFICATION.
Section 3(a) of the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2102) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)--
(A) by inserting ``the State representatives for
such State,'' before ``and the chief''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(3) to each Member of Congress representing such State or
the Congressional district in which such unit is located.''.
SEC. 4. ECONOMIC IMPACT STUDY.
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) Economic Impact Study.--
``(1) In general.--A notice served by an employer under
subsection (a) before ordering a plant closing or mass layoff
shall not be considered valid unless, not less than 30 days
prior to serving such notice, the employer covers the cost of,
and ensures that each unit of local government within which
such closing or layoff is to occur completes (directly or
through a contract), an economic impact study to assess the
economic impact of such order during the 1-year period
beginning on the first day of such closure or layoff on such
unit, which shall include--
``(A) a review of the finances of the employer to
determine if the employer is financially viable (as
such term is defined by the Secretary of the Treasury)
to make the payments described in paragraph (2), which
determination shall include whether the employer is
experiencing economic hardship; and
``(B) in a case in which an employer is not
experiencing economic hardship, an assessment of direct
and indirect financial losses (including impact on
local businesses (such as downstream job and supply
chain loss and decreases in customer base), and impact
on tax revenue) that will be experienced by such unit.
``(2) Payment by employer.--
``(A) In general.--In the case of an employer that
is not experiencing an economic hardship and that
orders a plant closing or mass layoff, the employer not
later than 30 days prior to such closure or mass
layoff, shall--
``(i) pay to the Impacted Workers Fund
established under section 505 of the Public
Works and Economic Development Act of 1965 (if
such a Fund has been established) of the State
in which each county is located that, in
accordance with paragraph (1)(B), will
experience financial losses as a result of such
order, an amount equal to such financial losses
to be dispersed in accordance with such
section; or
``(ii) in a case in which the Fund
described in clause (i) has not been
established, pay to the workforce development
system (as defined in section 3 of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3102)) of the State in which each county
is located that, in accordance with paragraph
(1)(B), will experience financial losses as a
result of such order, an amount equal to such
financial losses to be dispersed in accordance
with such section.
``(B) Private right of action.--A unit of local
government aggrieved by an employer that violates
subparagraph (A), may sue in any district court of the
United States for any district in which the violation
is alleged to have occurred, or in which the employer
transacts business.
``(3) Guidance by the secretary.--Not later than 6 months
after the date of enactment of the Justice for Local
Communities and Workers Act, the Secretary of Labor shall issue
guidance on conducting the economic impact studies.
``(4) Grants to cover the cost of economic impact
studies.--
``(A) In general.--The Secretary of Labor shall
award grants to employers subject to the requirements
of paragraph (1) the cost an economic impact study
required under such paragraph.
``(B) Application.--To receive a grant under this
paragraph, an employer shall submit to the Secretary of
Labor an application at such time, in such manner, and
containing such information as the Secretary may
require.''.
SEC. 5. ADMINISTRATION AND ENFORCEMENT OF REQUIREMENTS.
Section 5 of the Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2104) is amended--
(1) in subsection (a)(1)(A)(i), by inserting ``twice''
before ``the average regular''; and
(2) in subsection (b), by striking ``The remedies'' and
inserting ``Except as otherwise provided in section 3(e)(2)(B),
the remedies''.
SEC. 6. COOPERATIVE AGREEMENTS TO ESTABLISH IMPACTED WORKERS FUNDS.
(a) In General.--The Public Works and Economic Development Act of
1965 (42 U.S.C. 3121 et seq.) is amended by inserting after section 504
the following:
``SEC. 505. COOPERATIVE AGREEMENTS TO ESTABLISH IMPACTED WORKERS FUNDS.
``(a) In General.--To be eligible to receive funds described in
section 3(e)(2) of the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2102(e)(2)) a State shall enter into a cooperative
agreement with the Secretary under this section.
``(b) Cooperative Agreement Contents.--A cooperative agreement
entered into under subsection (a) shall require a participating State
to--
``(1) establish and administer an Impacted Workers Fund (in
this Act referred to as a `Fund') to receive amounts pursuant
to section 3(e)(2) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102(e)(2)); and
``(2) ensure that amounts deposited into the fund are used
to support only the jurisdiction of the unit of local
government for which such amounts are deposited (as determined
by an economic impact study under section 3(e) of the Worker
Adjustment and Retraining Notification Act (29 U.S.C.
2102(e))), including for workforce training, income assistance,
and wage insurance.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121
note) is amended by inserting after the item related to section 504 the
following:
``Sec. 505. Cooperative agreements to establish Impacted Workers
Funds.''.
<all>