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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1969 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 407

103d CONGRESS

  2d Session

                                S. 1969

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 11, 1994

            Read the second time and placed on the calendar

                                                       Calendar No. 407
103d CONGRESS
  2d Session
                                S. 1969

   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

             March 24 (legislative day, February 22), 1994

Mr. Metzenbaum (for himself, Mr. Kennedy, Mr. Simon, Ms. Mikulski, Mr. 
   Pell, Mr. Wellstone, Mr. Riegle, and Mr. Feingold) introduced the 
             following bill; which was read the first time

                             April 11, 1994

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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 AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Worker Adjustment 
and Retraining Notification Amendments Act''.
    (b) Reference.--Except as specifically provided otherwise, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et 
seq.).

SEC. 2. DEFINITIONS.

    (a) Employer, Plant Closing, and Mass Layoff.--Paragraphs (1) 
through (3) of section 2(a) (29 U.S.C. 2101(a)(1)-(3)) are amended to 
read as follows:
            ``(1) the term `employer' means any business enterprise 
        that employs 50 or more employees;
            ``(2) the term `plant closing' means--
                    ``(A) 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; or
                    ``(B) the permanent or temporary shutdown of one or 
                more sites of employment, or of one or more facilities 
                or operating units within such sites, which results in 
                an employment loss, during any 30-day period, for 100 
                or more employees.
            ``(3) the term `mass layoff' means--
                    ``(A) 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; or
                    ``(B) a reduction in force which results in an 
                employment loss, during any 30-day period, for 100 or 
                more employees.''.
    (b) Conforming Amendments.--
            (1) Notice.--Section 3(d) (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 in 
        lieu thereof ``which in the aggregate exceed the minimum number 
        of employees specified in section 2(a) (2) or (3)''.
            (2) Definitions.--Section 2(b)(1) (29 U.S.C. 2101(b)(1)) is 
        amended by striking ``(other than a part-time employee)''.
    (c) Secretary of Labor.--
            (1) Definition.--Paragraph (8) of section 2(a) (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.''.
            (2) Regulations.--Section 8(a) (29 U.S.C. 2107(a)) is 
        amended by striking ``of Labor''.

SEC. 3. NOTICE.

    (a) Period.--Section 3 (29 U.S.C. 2102) is amended--
            (1) in subsection (a), by striking ``a 60-day period 
        after'' and inserting ``the applicable notice period required 
        after'';
            (2) in subsection (b), by striking ``60-day period'' each 
        place such term appears and inserting ``notice period'';
            (3) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (4) by inserting after subsection (a), the following new 
        subsection:
    ``(b) Notice Period.--As used in this section, the term `notice 
period' means--
            ``(1) in the case of a plant closing or mass layoff which 
        results in an employment loss for at least 25 but not more than 
        49 employees, 30 days;
            ``(2) in the case of a plant closing or mass layoff which 
        results in an employment loss for at least 50 but not more than 
        99 employees, 60 days; and
            ``(3) in the case of a plant closing or mass layoff which 
        results in an employment loss for at least 100 employees, 90 
        days.''.
    (b) Conforming Amendment.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) 
is amended in the matter following subparagraph (B), by striking ``60 
days'' and inserting ``the applicable notice period''.
    (c) Recipient.--Section 3(a)(1) (29 U.S.C. 2102(a)(1)) is amended 
by striking ``or, if there is no such representative at that time, to 
each affected employee'' and inserting ``and to each affected 
employee''.

SEC. 4. ENFORCEMENT.

    (a) Amount.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) is amended--
            (1) in subparagraph (A)(ii), by striking ``and'' at the end 
        thereof;
            (2) by redesignating subparagraph (B) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraphs:
            ``(B) interest on the amount described in subparagraph (A) 
        calculated at the prevailing rate;
            ``(C) an additional amount as liquidated damages equal to 
        the sum of the amount described in subparagraph (A) and the 
        interest described in subparagraph (B); and''.
    (b) Exemption.--Section 5(a)(4) (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 subparagraph (C) of paragraph (1) and reduce the amount 
of the penalty provided for in paragraph (3)''.
    (c) Administrative Complaint.--Section 5(a)(5) (29 U.S.C. 
2104(a)(5)) is amended--
            (1) by striking ``may sue,'' and inserting ``may,'';
            (2) by inserting after ``both,'' the following: ``(A) file 
        a complaint with the Secretary alleging a violation of section 
        3, or (B) bring suit''; and
            (3) 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).''.
    (d) Action by the Secretary.--Section 5 (29 U.S.C. 2104) is 
amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) 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 back pay, interest, benefits, and liquidated 
        damages described in subsection (a)(1).
            ``(4) Sums recovered.--Any sums recovered by the Secretary 
        on behalf of an employee under subparagraphs (A), (B), and (D) 
        of section 5(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 
        section 5(a)(1), shall be credited as an offsetting collection 
        to the appropriations account of the Secretary of Labor 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 Period.--
            ``(1) In general.--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) Commencement.--In determining when an action is 
        commenced under this section for the purposes of paragraph (1), 
        it shall be considered to be commenced on the date on which the 
        complaint is filed.''.

SEC. 5. POSTING OF NOTICES; PENALTIES.

    The Act (29 U.S.C. 2101 et seq.) is amended by adding at the end 
thereof the following new section:

``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 
of Labor setting forth excerpts from, or summaries of, the pertinent 
provisions of this chapter and information pertinent to the filing of a 
complaint.
    ``(b) Penalties.--A willful violation of this section shall be 
punishable by a fine of not more than $100 for each separate 
offense.''.

SEC. 6. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
the date of the enactment of this Act.
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