Jobs for America Act of 2004 - Amends the Worker Adjustment and Retraining Notification Act to provide protections for employees relating to the offshoring of jobs.
Revises the definition of mass layoff to mean a reduction in force which is not the result of a plant closing and results in an employment loss at the single site of employment for a 30-day period for at least 50 employees.
Defines offshoring of jobs as any action taken by an employer the effect of which is to create, shift, or transfer work or facilities outside the United States and which results in an employment loss during any 30 day period for 15 or more employees.
Revises notice requirements. Sets forth requirements for notices for offshoring of jobs.
Establishes requirements for posting of notice of rights by employers and for contents of annual reports by the Secretary of Labor.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2090 Introduced in Senate (IS)]
2d Session
S. 2090
To amend the Worker Adjustment and Retraining Notification Act to
provide protections for employees relating to the offshoring of jobs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2004
Mr. Daschle (for himself, Mr. Kennedy, Mr. Harkin, Ms. Mikulski, Mrs.
Murray, Mr. Edwards, Mr. Akaka, Mr. Dorgan, Mr. Feingold, Mr. Wyden,
Mr. Corzine, Ms. Stabenow, Mr. Schumer, Mrs. Clinton, Mr. Kerry, and
Mrs. Feinstein) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Worker Adjustment and Retraining Notification Act to
provide protections for employees relating to the offshoring of jobs.
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 ``Jobs for America Act of 2004''.
SEC. 2. AMENDMENTS TO THE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
ACT.
(a) Definition.--Section 2(a) of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2101(a)) is amended--
(1) in paragraph (3)(B), by striking ``for--'' and all that
follows through ``500 employees'' in clause (ii), and inserting
``for at least 50 employees'';
(2) in paragraph (7), by striking ``and'' at the end;
(3) in paragraph (8), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(9) the term `offshoring of jobs' means any action taken
by an employer the effect of which is to create, shift, or
transfer employment positions or facilities outside the United
States and which results in an employment loss during any 30
day period for 15 or more employees.''.
(b) Notice.--Section 3 of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``60-day'' and inserting ``90-day''; and
(B) in paragraph (1), by striking ``and'' at the
end;
(C) in paragraph (2), by striking the period and
inserting ``;and''; and
(D) by inserting after paragraph (2), the
following:
``(3) to the Secretary of Labor.'';
(2) in subsection (b), by striking ``60-day'' each place
that such appears and inserting ``90-day''; and
(3) by adding at the end the following:
``(e) Notice for Offshoring of Jobs.--In the case of a notice under
subsection (a) regarding the offshoring of jobs, the notice shall
include, in addition to the information otherwise required by the
Secretary with respect to other notices under such subsection,
information concerning--
``(1) the number of jobs affected;
``(2) the location that the jobs are being shifted or
transferred to; and
``(3) the reasons that such shifting or transferring of
jobs is occurring.''.
(c) Technical Amendments.--The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.) is amended--
(1) by striking ``plant closing or mass layoff'' each place
that such appears and inserting ``plant closing, mass layoff,
or offshoring of jobs'';
(2) by striking ``closing or layoff'' each place that such
appears and inserting ``closing, layoff, or offshoring''; and
(3) in section 3--
(A) in the section heading by striking ``plant
closings and mass layoffs'' and inserting ``plant
closings, mass layoffs, and offshoring of jobs'';
(B) in subsection (b)(2)(A), by striking ``closing
or mass layoff'' and inserting ``closing, layoff, or
offshoring''; and
(C) in subsection (d), by striking ``section
2(a)(2) or (3)'' and inserting ``paragraph (2), (3), or
(9) of section 2(a)'';
(d) Posting of Employee Rights.--The Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2101 et seq.) is amended by
adding at the end the following:
``SEC. 11. POSTING OF NOTICE OF RIGHTS.
``(a) Development.--Not later than 60 days after the date of
enactment of this section, the Secretary of Labor shall develop a
notice of employee rights under this Act for posting by employers.
``(b) Posting.--Each employer shall post in a conspicuous place in
places of employment the notice of the rights of employees as developed
by the Secretary under subsection (a).''.
(e) Annual Report.--The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.), as amended by subsection
(d), is further amended by adding at the end the following:
``SEC. 12. CONTENTS OF ANNUAL REPORTS BY THE SECRETARY OF LABOR.
``(a) In General.--The Secretary of Labor shall collect and compile
statistics based on the information submitted to the Secretary under
subsections (a)(3) and (e) of section 3.
``(b) Report.--Not later than 120 days after the date on which each
regular session of Congress commences, the Secretary of Labor shall
prepare and submit to the President and the appropriate committees of
Congress a report on the offshoring of jobs (as defined in section
2(a)(9)). Each such report shall include information concerning--
``(1) the number of jobs affected by offshoring;
``(2) the locations to which jobs are being shifted or
transferred;
``(3) the reasons why such shifts and transfers are
occurring; and
``(4) any other relevant data compiled under subsection
(a).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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