Sec. 4. Economic impact study
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Section 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102 ) is amended by adding at the end the following: 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 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 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. 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— 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 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. 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. Not later than 6 months after the date of enactment of the Justice for Dislocated Workers Act, the Secretary of Labor shall issue guidance on conducting the economic impact studies. 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. 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. .
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