[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1374 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1374

   To amend the Worker Adjustment and Retraining Notification Act to 
 minimize the adverse effects of employment dislocation, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2009

  Mr. Brown (for himself, Mr. Kerry, Mr. Durbin, Mr. Harkin, and Mr. 
   Feingold) 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 
 minimize the adverse effects of employment dislocation, 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 ``Forewarn Act''.

SEC. 2. AMENDMENTS TO THE WARN ACT.

    (a) Definitions.--
            (1) Employer, plant closing, and mass layoff.--Paragraphs 
        (1) through (3) of section 2(a) of the Worker Adjustment and 
        Retraining Notification Act (29 U.S.C. 2101(a) (1)-(3)) are 
        amended to read as follows:
            ``(1) the term `employer' means any business enterprise 
        that employs 75 or more employees and includes any parent 
        corporation of which such business enterprise is a subsidiary;
            ``(2) the term `plant closing' means the permanent or 
        temporary shutdown of a single site of employment, or of one or 
        more facilities or operating units within a single site of 
        employment, which results in an employment loss at such site, 
        during any 30-day period, for 25 or more employees;
            ``(3) the term `mass layoff' means a reduction in force at 
        a single site of employment which results in an employment loss 
        at such site, during any 30-day period, for 25 or more 
        employees;''.
            (2) Secretary of labor.--
                    (A) Definition.--Paragraph (8) of section 2(a) of 
                such Act (29 U.S.C. 2101(a)(8)) is amended to read as 
                follows:
            ``(8) the term `Secretary' means the Secretary of Labor or 
        a representative of the Secretary of Labor.''.
                    (B) Regulations.--Section 8(a) of such Act (29 
                U.S.C. 2107(a)) is amended by striking ``of Labor''.
            (3) Conforming amendments.--
                    (A) Notice.--Section 3(d) of such Act (29 U.S.C. 
                2102(d)) is amended by striking out ``, each of which 
                is less than the minimum number of employees specified 
                in section 2(a)(2) or (3) but which in the aggregate 
                exceed that minimum number,'' and inserting ``which in 
                the aggregate exceed the minimum number of employees 
                specified in section 2(a)(2) or (3)''.
                    (B) Definitions.--Section 2(b)(1) of such Act (29 
                U.S.C. 2101(b)(1)) is amended by striking ``(other than 
                a part-time employee)''.
    (b) Notice.--
            (1) Notice period.--Section 3 of the Worker Adjustment and 
        Retraining Notification Act (29 U.S.C. 2102) is amended by 
        striking ``60-day period'' and inserting ``90-day period'' each 
        place it appears.
            (2) Recipients.--Section 3(a) of such Act (29 U.S.C. 
        2102(a)) is amended--
                    (A) in paragraph (1), by striking ``or, if there is 
                no such representative at that time, to each affected 
                employee; and'' and inserting ``and to each affected 
                employee;''; and
                    (B) by redesignating paragraph (2) as paragraph (3) 
                and inserting after paragraph (1) the following:
            ``(2) to the Secretary and the Governor of the State where 
        the plant closing or mass layoff is to occur; and''.
            (3) Notice excused where caused by terrorist attack.--
        Section 3(b)(2) of the Worker Adjustment and Retraining 
        Notification Act (29 U.S.C. 2102(b)(2)) is amended by adding at 
        the end the following:
    ``(C) No notice under this Act shall be required if the plant 
closing or mass layoff is due directly to a terrorist attack on the 
United States.''.
            (4) Content of notice.--Section 3 of such Act (29 U.S.C. 
        2102) is further amended by adding at the end the following:
    ``(e) Content of Notices.--An employer who is required to provide 
notice as required under subsection (a) shall include--
            ``(1) in each notice required under such subsection--
                    ``(A) a statement of the number of affected 
                employees;
                    ``(B) the reason for the plant closing or mass 
                layoff;
                    ``(C) the availability of employment at other 
                establishments owned by the employer;
                    ``(D) a statement of each employee's rights with 
                respect to wages and severance and employee benefits; 
                and
                    ``(E) a statement of the available employment and 
                training services provided by the Department of Labor; 
                and
            ``(2) in each notice required under such subsection except 
        for the notice provided to individual employees, the names, 
        addresses, and occupations of the affected employees.''.
            (5) Information regarding benefits and services available 
        to workers and dol notice to congress.--Section 3 of such Act 
        (29 U.S.C. 2102) is further amended by adding at the end the 
        following:
    ``(f) Information Regarding Benefits and Services Available to 
Employees.--Concurrent with or immediately after providing the notice 
required under subsection (a)(1), an employer shall provide affected 
employees with information regarding the benefits and services 
available to such employees, as described in the guide compiled by the 
Secretary under section 13.
    ``(g) Access of Rapid Response Teams.--An employer who is required 
to provide notice under subsection (a) shall permit, during work hours, 
reasonable on-site access to any Federal, State, or local rapid 
response team under section 134(a)(2)(A) of the Workforce Investment 
Act of 1998 (29 U.S.C. 2864(a)(2)(A)) responsible for providing 
reemployment, training services, and related services to affected 
employees.
    ``(h) DOL Notice to Congress.--As soon as practicable and not later 
than 15 days after receiving notice under subsection (a)(2), the 
Secretary of Labor shall notify the appropriate Senators and Members of 
the House of Representatives who represent the area or areas where the 
plant closing or mass layoff is to occur.''.
    (c) Enforcement.--
            (1) Amount.--Section 5(a)(1) of the Worker Adjustment and 
        Retraining Notification Act (29 U.S.C. 2104(a)(1)) is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``back pay for each day of 
                        violation'' and inserting ``two days' pay 
                        multiplied by the number of calendar days for 
                        which the employer was required but failed to 
                        provide notice before such closing or layoff''; 
                        and
                            (ii) in clause (ii), by striking ``and'' at 
                        the end thereof;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (C) by inserting after subparagraph (A) the 
                following:
            ``(B) interest on the amount described in subparagraph (A) 
        calculated at the prevailing rate; and''; and
                    (D) by striking the matter following subparagraph 
                (C) (as so redesignated).
            (2) Conforming amendment.--Section 5(a)(3) of such Act (29 
        U.S.C. 2104(a)(3)) is amended by inserting ``, the Secretary, 
        or the Governor'' after ``unit of local government''.
            (3) Exemption.--Section 5(a)(4) of such Act (29 U.S.C. 
        2104(a)(4)) is amended by striking ``reduce the amount of the 
        liability or penalty provided for in this section'' and 
        inserting ``reduce the amount of the liability under paragraph 
        (1) and reduce the amount of the penalty provided for in 
        paragraph (3)''.
            (4) Administrative complaint.--Section 5(a)(5) of such Act 
        (29 U.S.C. 2104(a)(5)) is amended--
                    (A) by striking ``may sue'' and inserting ``may,'';
                    (B) by inserting after ``both,'' the following: 
                ``(A) file a complaint with the Secretary alleging a 
                violation of section 3, or (B) bring suit,''; and
                    (C) by adding at the end thereof the following new 
                sentence: ``A person seeking to enforce such liability 
                may use one or both of the enforcement mechanisms 
                described in subparagraphs (A) and (B).''.
            (5) Action by the secretary.--Section 5 of such Act (29 
        U.S.C. 2104) is further amended--
                    (A) by redesignating subsection (b) as subsection 
                (d); and
                    (B) by inserting after subsection (a) the following 
                new subsections:
    ``(b) Action by the Secretary.--
            ``(1) Administrative action.--The Secretary shall receive, 
        investigate, and attempt to resolve complaints of violations of 
        section 3 by an employer in the same manner that the Secretary 
        receives, investigates, and attempts to resolve complaints of 
        violations of sections 6 and 7 of the Fair Labor Standards Act 
        of 1938 (29 U.S.C. 206 and 207).
            ``(2) Subpoena powers.--For the purposes of any 
        investigation provided for in this section, the Secretary shall 
        have the subpoena authority provided for under section 9 of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 209).
            ``(3) Civil action.--The Secretary may bring an action in 
        any court of competent jurisdiction to recover on behalf of an 
        employee the backpay, interest, benefits, and liquidated 
        damages described in subsection (a).
            ``(4) Sums recovered.--Any sums recovered by the Secretary 
        on behalf of an employee under subparagraphs (A) and (B) of 
        subsection (a)(1) shall be held in a special deposit account 
        and shall be paid, on order of the Secretary, directly to each 
        employee affected. Any such sums not paid to an employee 
        because of inability to do so within a period of 3 years, and 
        any sums recovered by the Secretary under subparagraph (C) of 
        subsection (a)(1), shall be credited as an offsetting 
        collection to the appropriations account of the Secretary for 
        expenses for the administration of this Act and shall remain 
        available to the Secretary until expended.
            ``(5) Action to compel relief by secretary.--The district 
        courts of the United States shall have jurisdiction, for cause 
        shown, over an action brought by the Secretary to restrain the 
        withholding of payment of back pay, interest, benefits, or 
        other compensation, plus interest, found by the court to be due 
        to employees under this Act.
    ``(c) Limitations.--
            ``(1) Limitations period.--An action may be brought under 
        this section not later than 2 years after the date of the last 
        event constituting the alleged violation for which the action 
        is brought.
            ``(2) Limitation on private action while action of 
        secretary is pending.--If the Secretary has instituted an 
        enforcement action or proceeding under subsection (b), an 
        individual employee may not bring an action under subsection 
        (a) during the pendency of the proceeding against any person 
        with respect to whom the Secretary has instituted the 
        proceeding.''.
    (d) Posting of Notices; Penalties.--Section 11 of the Worker 
Adjustment and Retraining Notification Act (29 U.S.C. 2101 note) is 
amended to read as follows:

``SEC. 11. POSTING OF NOTICES; PENALTIES.

    ``(a) Posting of Notices.--Each employer shall post and keep posted 
in conspicuous places upon its premises where notices to employees are 
customarily posted a notice to be prepared or approved by the Secretary 
setting forth excerpts from, or summaries of, the pertinent provisions 
of this Act and information pertinent to the filing of a complaint.
    ``(b) Penalties.--The Secretary may impose a civil penalty on any 
person who willfully violates this section of not more than $500 for 
each separate offense.''.
    (e) Non-waiver of Rights and Remedies; Information Regarding 
Benefits and Services Available to Employees.--Such Act (29 U.S.C. 2101 
et seq.) is further amended by adding at the end the following:

``SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIVER.

    ``(a) In General.--The rights and remedies provided under this Act 
(including the right to maintain a civil action) may not be waived, 
deferred, or lost pursuant to any agreement or settlement other than an 
agreement or settlement described in subsection (b).
    ``(b) Agreement or Settlement.--An agreement or settlement referred 
to in subsection (a) is an agreement or settlement negotiated by the 
Secretary, an attorney general of any State, or a private attorney on 
behalf of affected employees.

``SEC. 13. INFORMATION REGARDING BENEFITS AND SERVICES AVAILABLE TO 
              WORKERS.

    ``The Secretary of Labor shall maintain a guide of benefits and 
services which may be available to affected employees, including 
unemployment compensation, trade adjustment assistance, COBRA benefits, 
and early access to training services and other services, including 
counseling services, available under title I of the Workforce 
Investment Act of 1998 (29 U.S.C. 2801). Such guide shall be available 
on the Internet website of the Department of Labor and shall include a 
description of the benefits and services, the eligibility requirements, 
and the means of obtaining such benefits and services. Upon receiving 
notice from an employer under section 3(a)(2), the Secretary shall 
immediately transmit such guide to such employer.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    In addition to funds authorized to be appropriated for the general 
enforcement of the Worker Adjustment and Retraining Notification Act 
(29 U.S.C. 2101 et seq.), there is authorized to be appropriated to the 
Secretary of Labor such additional sums as may be necessary for the 
additional enforcement authority authorized by the amendments made by 
this Act.
                                 <all>