H.R. 2357House115th Congress (2017-2019)In Committee

United States Employee Ownership Bank Act

Introduced May 4, 2017

AI-Generated Summary

Updated April 15, 2026 at 3:17 PM UTC

The United States Employee Ownership Bank Act creates a new federal bank inside the Treasury to help workers buy and own the companies they work for. By offering direct loans, loan guarantees, and technical help, the bank aims to increase employee‑stock ownership plans and worker‑owned cooperatives, with the goal of preserving and expanding jobs in the United States.

Key Provisions

  • The Treasury Secretary must set up the United States Employee Ownership Bank within 90 days of the law’s enactment and appoint a director to run it.
  • The bank can provide direct loans or guarantee loans (subordinated to other creditors) to help a company become at least 51 % employee‑owned, increase employee ownership, or expand operations to keep jobs.
  • Before a loan is made, the company must submit a business plan showing 51 % employee ownership, democratic voting rights (one share‑one vote), employee access to information, and a third‑party feasibility study proving the loan can be repaid.
  • Loans may carry interest equal to Treasury’s borrowing cost or a minimum of 4 % and must be repaid within 12 years.
  • Amends the WARN Act to give employees a right of first refusal to purchase a plant or facility slated for closure through an ESOP or worker‑cooperative, with fair‑market appraisal costs split between employer and employees.
  • Requires the Secretary to issue regulations ensuring the bank’s safety, soundness, and that it does not compete with private banks.
  • Amends the Community Reinvestment Act so regulators can credit banks for supporting ESOPs or worker‑cooperatives that are at least 51 % employee‑owned.
  • Appropriates $500 million for FY 2018 and allows additional funding in future years.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the Committee on Financial Services, and in addition to the Committee on Education and the Workforce, 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.

May 4, 2017

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HouseIntro Referral

Introduced in House

May 4, 2017

HouseIntro Referral

Referred to the Committee on Financial Services, and in addition to the Committee on Education and the Workforce, 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.

May 4, 2017

Floor Debate

24 members

What members said about H.R. 2357 on the floor

9 Republicans15 Democrats
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Nov 16, 2017

Mr. Speaker, this is not the American Dream tax plan. This is the American nightmare, a tax scam of the worst proportion. With over 8,000 of my constituents last evening on a teleconference town hall…

John B. Larson
Rep. John B. LarsonD-CT-1 · Nov 16, 2017

Mr. Speaker, before I begin, I include in the Record, first a letter from the Commissioner of Revenue Services in the State of Connecticut, who has detailed out the impact of this tax on Connecticut…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Nov 16, 2017

Mr. Speaker, I include in the Record two letters: one from the National Education Association and one from the American Council on Education. November 15, 2017. Dear Representative: On behalf of the…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Nov 16, 2017

Mr. Speaker, I include in the Record a letter from 17 environmental organizations opposing this legislation. November 8, 2017. Dear Representative, on behalf of our millions of members and activists,…

Richard E. Neal
Rep. Richard E. NealD-MA-1 · Nov 16, 2017

Mr. Speaker, I yield myself 4 minutes. Mr. Speaker, this is a historic moment, but, most importantly, it is a missed opportunity. Mr. Speaker, we are taking the proposal of the Republican Party today…

Show 8 more
Mike Kelly
Rep. Mike KellyR-PA-3 · Nov 16, 2017

Mr. Speaker, I thank Chairman Brady and all the members of the Ways and Means staff who have worked tirelessly in order to bring this bill forward. I can't tell you how excited I am to be here today.…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Nov 16, 2017

Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Nunes), a key architect of the tax reform plan, a leader and a champion for new business investment. Mr. Speaker, I would note…

Terri A. Sewell
Rep. Terri A. SewellD-AL-7 · Nov 16, 2017

Mr. Speaker, I rise today to urge my colleagues to reject this misguided and mean-spirited tax bill that is being rushed through this Congress today. Mr. Speaker, this Republican sham tax bill picks…

Mike Bishop
Rep. Mike BishopR-MI-8 · Nov 16, 2017

Mr. Speaker, I want to thank the chairman for yielding, for his steadfast leadership, and for giving me the opportunity to be a part of this incredible opportunity on behalf of this great country.…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Nov 16, 2017

Mr. Speaker, before I start, I include in the Record two articles. One is a letter from the National Fraternal Order of Police, representing 330,000 police officers in this country coming out against…

Carlos Curbelo
Rep. Carlos CurbeloR-FL-26 · Nov 16, 2017

Mr. Speaker, I rise in strong support of H.R. 1, the Tax Cuts and Jobs Act. This crucial legislation before us today marks the first time in 31 years that Congress has considered a major overhaul to…

John Lewis
Rep. John LewisD-GA-5 · Nov 16, 2017

Mr. Speaker, I want to thank my friend, Mr. Neal, for yielding. I rise with a heavy heart to join him in opposing this mean-spirited, reckless bill. Mr. Speaker, 30 years ago, I was elected to fight…

James B. Renacci
Rep. James B. RenacciR-OH-16 · Nov 16, 2017

Mr. Speaker, I rise today in support of H.R. 1, the Tax Cuts and Jobs Act. First of all, I want to thank President Trump for making this a priority, but I especially want to thank Chairman Brady for…

Show 11 more
Joseph Crowley
Rep. Joseph CrowleyD-NY-14 · Nov 16, 2017

Mr. Speaker, I thank the gentleman for yielding me this time. I have to give it to Speaker Ryan and to President Trump and all of my Republican colleagues. I have to give them their due. They…

Tom Rice
Rep. Tom RiceR-SC-7 · Nov 16, 2017

Mr. Speaker, the American Dream is what separates us from the rest of the world. It promises that, with hard work and determination, you can improve your station in life and that your children have…

Lloyd Doggett
Rep. Lloyd DoggettD-TX-35 · Nov 16, 2017

Mr. Speaker, the promise of tax reform has degenerated into little more than a scam to aid tax dodgers. While public attention is diverted to the scandal in Alabama, Republicans are rushing through…

Devin Nunes
Rep. Devin NunesR-CA-22 · Nov 16, 2017

Mr. Speaker, I rise in strong support of H.R. 1, the Tax Cuts and Jobs Act. Mr. Speaker, for years, the middle class has been saddled with a broken Tax Code and low wages. Small businesses have been…

Patrick T. McHenry
Rep. Patrick T. McHenryR-NC-10 · Nov 16, 2017

Mr. Speaker, I thank the chairman of the Ways and Means Committee for his hard work and effort, his staff's effort, and his committee members' effort to put this great bill on the floor today. The…

Ron Kind
Rep. Ron KindD-WI-3 · Nov 16, 2017

Mr. Speaker, of all the policy changes that are being recommended in this legislation before us today, the one that scares me the most is the repeal of the so-called Johnson amendment. The Johnson…

James E. Clyburn
Rep. James E. ClyburnD-SC-6 · Nov 16, 2017

Mr. Speaker, I thank Mr. Larson for yielding me this time. Mr. Speaker, the bill before us today is a wolf in sheep's clothing. Republicans can dress it up and call it good names, but that will not…

Linda T. Sánchez
Rep. Linda T. SánchezD-CA-38 · Nov 16, 2017

Mr. Speaker, I rise today in opposition to H.R. 1, or better known as the GOP tax scam. This bill provides tax cuts for corporations and multimillionaires at the expense of hardworking middle class…

Ben Ray Luján
Rep. Ben Ray LujánD-NM-3 · Nov 16, 2017

Mr. Speaker, this bill put forward by congressional Republicans isn't a tax plan; it is a tax scam. Republicans are going to borrow money on the backs of working families to give a tax cut to…

Judy Chu
Rep. Judy ChuD-CA-27 · Nov 16, 2017

Mr. Speaker, one thing is clear about the GOP tax scam: corporate interests get a huge giveaway. They get a windfall tax break. Who pays for it? The middle class. Who wins? Corporations,…

Lynn Jenkins
Rep. Lynn JenkinsR-KS-2 · Nov 16, 2017

Mr. Speaker, I rise today in support of H.R. 1, the Tax Cuts and Jobs Act. Mr. Speaker, as a CPA and a member of the House Ways and Means Committee, reforming our Tax Code has been a priority of mine…

Bill Text

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Introduced in HouseIssued May 4, 2017

I

115th CONGRESS

1st Session

H. R. 2357

IN THE HOUSE OF REPRESENTATIVES

May 4, 2017

Mr. DeFazio introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Education and the Workforce, 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 provide for the establishment of the United States Employee Ownership Bank, and for other purposes.

1.

Short title

This Act may be cited as the United States Employee Ownership Bank Act.

2.

Findings

Congress finds that—

(1)

between January 2000 and January 2017, the manufacturing sector lost 4,929,000 jobs;

(2)

as of January 2017, only 12,355,000 workers in the United States were employed in the manufacturing sector, a lower number than in July 1941;

(3)

at the end of 2016, the United States had a trade deficit of $502,300,000,000, including a $347,037,900,000 trade deficit with China;

(4)

preserving and increasing decent paying jobs must be a top priority of Congress;

(5)

providing loan guarantees, direct loans, and technical assistance to employees to buy their own companies will preserve and increase employment in the United States; and

(6)

the time has come to establish the United States Employee Ownership Bank to preserve and expand jobs in the United States through Employee Stock Ownership Plans and worker-owned cooperatives.

3.

Definitions

In this Act—

(1)

the term Bank means the United States Employee Ownership Bank established under section 4;

(2)

the term eligible worker-owned cooperative has the meaning given the term in section 1042(c)(2) of the Internal Revenue Code of 1986;

(3)

the term employee stock ownership plan has the meaning given the term in section 4975(e)(7) of the Internal Revenue Code of 1986; and

(4)

the term Secretary means the Secretary of the Treasury.

4.

Establishment of United States Employee Ownership Bank within the Department of the Treasury

(a)

Establishment of Bank

(1)

In general

Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary shall establish the United States Employee Ownership Bank to foster increased employee ownership of United States companies and greater employee participation in company decisionmaking throughout the United States.

(2)

Organization of the Bank

(A)

Management

The Secretary shall appoint a Director to serve as the head of the Bank, who shall serve at the pleasure of the Secretary.

(B)

Staff

The Director appointed under subparagraph (A) may select, appoint, employ, and fix the compensation of such employees as are necessary to carry out the functions of the Bank.

(b)

Duties of Bank

The Bank is authorized to provide direct loans and loan guarantees, which may be subordinated to the interests of all other creditors—

(1)

to purchase a company through an employee stock ownership plan or an eligible worker-owned cooperative, which shall be at least 51 percent employee owned, or will become at least 51 percent employee owned as a result of financial assistance from the Bank;

(2)

to allow a company that is less than 51 percent employee owned to become at least 51 percent employee owned;

(3)

to allow a company that is already at least 51 percent employee owned to increase the level of employee ownership at the company; and

(4)

to allow a company that is already at least 51 percent employee owned to expand operations and increase or preserve employment.

(c)

Preconditions

Before the Bank makes any subordinated loan or guarantees a loan under subsection (b)(1), a business plan shall be submitted to the Bank that—

(1)

shows that—

(A)

not less than 51 percent of all interests in the company is or will be owned or controlled by an employee stock ownership plan or eligible worker-owned cooperative;

(B)

the board of directors of the company is or will be elected by shareholders on a 1 share to 1 vote basis, or by members of the eligible worker-owned cooperative on a 1 member to 1 vote basis, except that shares held by the employee stock ownership plan will be voted according to section 409(e) of the Internal Revenue Code of 1986, with participants providing voting instructions to the trustee of the employee stock ownership plan in accordance with the terms of the employee stock ownership plan and the requirements of that section 409(e); and

(C)

all employees will receive basic information about company progress and have the opportunity to participate in day-to-day operations; and

(2)

includes a feasibility study from an objective third party with a positive determination that the employee stock ownership plan or eligible worker-owned cooperative will generate enough of a margin to pay back any loan, subordinated loan, or loan guarantee that was made possible through the Bank.

(d)

Terms and conditions for loans and loan guarantees

Notwithstanding any other provision of law, a loan that is provided or guaranteed under this section shall—

(1)

bear interest at an annual rate, as determined by the Secretary—

(A)

in the case of a direct loan under this section—

(i)

sufficient to cover the cost of borrowing to the Department of the Treasury for obligations of comparable maturity; or

(ii)

of 4 percent; and

(B)

in the case of a loan guaranteed under this section, in an amount that is equal to the current applicable market rate for a loan of comparable maturity; and

(2)

have a term not to exceed 12 years.

5.

Employee right of first refusal before plant or facility closing

Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended—

(1)

in the section heading, by inserting ; employee stock ownership plans or eligible worker-owned cooperatives after layoffs; and

(2)

by adding at the end the following:

(e)

Employee stock ownership plans and eligible worker-Owned cooperatives

(1)

General rule

Except as provided in paragraph (2), if an employer orders a plant or facility closing in connection with the termination of its operations at such plant or facility, the employer shall offer its employees an opportunity to purchase such plant or facility through an employee stock ownership plan (as that term is defined in section 4975(e)(7) of the Internal Revenue Code of 1986) or an eligible worker-owned cooperative (as that term is defined in section 1042(c)(2) of the Internal Revenue Code of 1986) that is at least 51 percent employee owned. The value of the company which is to be the subject of such plan or cooperative shall be the fair market value of the plant or facility, as determined by an appraisal by an independent third party jointly selected by the employer and the employees. The cost of the appraisal may be shared evenly between the employer and the employees.

(2)

Exemptions

Paragraph (1) shall not apply—

(A)

if an employer orders a plant closing, but will retain the assets of such plant to continue or begin a business within the United States; or

(B)

if an employer orders a plant closing and such employer intends to continue the business conducted at such plant at another plant within the United States.

.

6.

Regulations on safety and soundness and preventing competition with commercial institutions

Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary shall prescribe such regulations as are necessary to implement this Act and the amendments made by this Act, including—

(1)

regulations to ensure the safety and soundness of the Bank; and

(2)

regulations to ensure that the Bank will not compete with commercial financial institutions.

7.

Community reinvestment credit

Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the following:

(e)

Establishment of employee stock ownership plans and eligible worker-Owned cooperatives

In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investments, loans, loan participation, technical assistance, financial advice, grants, and other ventures undertaken by the institution to support or enable employees to establish employee stock ownership plans or eligible worker-owned cooperatives (as those terms are defined in sections 4975(e)(7) and 1042(c)(2) of the Internal Revenue Code of 1986, respectively), that are at least 51 percent employee owned plans or cooperatives.

.

8.

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this Act, $500,000,000 for fiscal year 2018, and such sums as may be necessary for each fiscal year thereafter.