II 110th CONGRESS 1st Session S. 1792 IN THE SENATE OF THE UNITED STATES July 16, 2007 Mr. Brown (for himself, Mr. Obama, and Mrs. Clinton) 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 improve such Act.

1.

Short title

This Act may be cited as the FOREWARN Act of 2007.

2.

Amendments to the Worker Adjustment and Retraining Act

(a)

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)by striking 100 each place that such appears and inserting 50; and (B)in subparagraph (B), by striking 4,000 and inserting 2,000; (2)in paragraph (2), by striking 50 and inserting 25; and (3)in paragraph (3)(B)(ii), by striking 500 and inserting 100. (b)

Notice required

Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended— (1)in subsection (a), by striking 60-day and inserting 90-day; (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)

Calendar days

All references in this Act to days shall be deemed to mean calendar days. . (c)

Notice to other parties and Secretary of Labor

Section 3(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a)) is amended by adding at the end the following: (e)

Notice to the Secretary

Not later than 60 days after a plant closing or mass layoff, the employer involved shall submit to the Secretary of Labor a notification of the closing or layoff and the number of employees involved. . (d)

Penalty

Section 5 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104) is amended— (1)in subsection (a)(1)(A), by striking back pay and inserting double the back pay; (2)in the flush matter following subparagraph (B), by striking 60 days and inserting 90 days; and (3)by adding at the end the following: (c)

Authority of Secretary of Labor

A civil action may be brought by the Secretary of Labor (or the appropriate State attorney general if the Secretary fails to act within 6 months of the alleged violation) on behalf of one or more employees for relief under this section. The right provided by this section to bring an action by or on behalf of any employee, and the right of any employee to become a party plaintiff to any such action, shall terminate upon the filing of an action by the Secretary of Labor under this subsection. . (e)

Educational materials

The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) is amended by adding at the end the following:

11.

Educational materials

The Secretary of Labor shall make educational materials concerning employee rights and employer responsibilities under this Act available to the general public and employers. Such materials shall be available on the Internet website of the Secretary and in written form for distribution by employers.

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