II 

112TH CONGRESS 

2D SESSION S. 3297 

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 14, 2012 

Mr. BROWN of Ohio (for himself, Mr. MERKLEY, and Mr. KERRY) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Forewarn Act’’. 

5 SEC. 2. AMENDMENTS TO THE WARN ACT. 

6 (a) DEFINITIONS.— 

7 (1) EMPLOYER, PLANT CLOSING, AND MASS

8 LAYOFF.—Paragraphs (1) through (3) of section 

9 2(a) of the Worker Adjustment and Retraining NotiVerDate Mar 15 2010 23:22 Jun 14, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.IS S3297

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1 fication Act (29 U.S.C. 2101(a) (1)–(3)) are amend2 ed to read as follows: 

3 ‘‘(1) the term ‘employer’ means any business 

4 enterprise that employs 75 or more employees and 

5 includes any parent corporation of which such busi6 ness enterprise is a subsidiary; 

7 ‘‘(2) the term ‘plant closing’ means the perma8 nent or temporary shutdown of a single site of em9 ployment, or of one or more facilities or operating 

10 units within a single site of employment, which re11 sults in an employment loss at such site, during any 

12 30-day period, for 25 or more employees; 

13 ‘‘(3) the term ‘mass layoff’ means a reduction 

14 in force at a single site of employment which results 

15 in an employment loss at such site, during any 30- 

16 day period, for 25 or more employees;’’. 

17 (2) SECRETARY OF LABOR.— 

18 (A) DEFINITION.—Paragraph (8) of sec19 tion 2(a) of such Act (29 U.S.C. 2101(a)(8)) is 

20 amended to read as follows: 

21 ‘‘(8) the term ‘Secretary’ means the Secretary 

22 of Labor or a representative of the Secretary of 

23 Labor.’’. 


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1 (B) REGULATIONS.—Section 8(a) of such 

2 Act (29 U.S.C. 2107(a)) is amended by striking 

3 ‘‘of Labor’’. 

4 (3) CONFORMING AMENDMENTS.— 

5 (A) NOTICE.—Section 3(d) of such Act (29 

6 U.S.C. 2102(d)) is amended by striking out ‘‘, 

7 each of which is less than the minimum number 

8 of employees specified in section 2(a)(2) or (3) 

9 but which in the aggregate exceed that min10 imum number,’’ and inserting ‘‘which in the ag11 gregate exceed the minimum number of employ12 ees specified in section 2(a) (2) or (3)’’. 

13 (B) DEFINITIONS.—Section 2(b)(1) of 

14 such Act (29 U.S.C. 2101(b)(1)) is amended by 

15 striking ‘‘(other than a part-time employee)’’. 

16 (b) NOTICE.— 

17 (1) NOTICE PERIOD.—Section 3 of the Worker 

18 Adjustment and Retraining Notification Act (29 

19 U.S.C. 2102) is amended by striking ‘‘60-day pe20 riod’’ and inserting ‘‘90-day period’’ each place it 

21 appears. 

22 (2) RECIPIENTS.—Section 3(a) of such Act (29 

23 U.S.C. 2102(a)) is amended— 

24 (A) in paragraph (1), by striking ‘‘or, if 

25 there is no such representative at that time, to 


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1 each affected employee; and’’ and inserting 

2 ‘‘and to each affected employee;’’; and 

3 (B) by redesignating paragraph (2) as 

4 paragraph (3) and inserting after paragraph 

5 (1) the following: 

6 ‘‘(2) to the Secretary and the Governor of the 

7 State where the plant closing or mass layoff is to 

8 occur; and’’. 

9 (3) NOTICE EXCUSED WHERE CAUSED BY TER10 RORIST ATTACK.—Section 3(b)(2) of the Worker Ad11 justment and Retraining Notification Act (29 U.S.C. 

12 2102(b)(2)) is amended by adding at the end the 

13 following: 

14 ‘‘(C) No notice under this Act shall be required if 

15 the plant closing or mass layoff is due directly to a ter16 rorist attack on the United States.’’. 

17 (4) CONTENT OF NOTICE.—Section 3 of such 

18 Act (29 U.S.C. 2102) is further amended by adding 

19 at the end the following: 

20 ‘‘(e) CONTENT OF NOTICES.—An employer who is re21 quired to provide notice as required under subsection (a) 

22 shall include— 

23 ‘‘(1) in each notice required under such sub24 section— 


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1 ‘‘(A) a statement of the number of affected 

2 employees; 

3 ‘‘(B) the reason for the plant closing or 

4 mass layoff; 

5 ‘‘(C) the availability of employment at 

6 other establishments owned by the employer; 

7 ‘‘(D) a statement of each employee’s rights 

8 with respect to wages and severance and em9 ployee benefits; and 

10 ‘‘(E) a statement of the available employ11 ment and training services provided by the De12 partment of Labor; and 

13 ‘‘(2) in each notice required under such sub14 section except for the notice provided to individual 

15 employees, the names, addresses, and occupations of 

16 the affected employees.’’. 

17 (5) INFORMATION REGARDING BENEFITS AND

18 SERVICES AVAILABLE TO WORKERS AND DOL NO19 TICE TO CONGRESS.—Section 3 of such Act (29 

20 U.S.C. 2102) is further amended by adding at the 

21 end the following: 

22 ‘‘(f) INFORMATION REGARDING BENEFITS AND

23 SERVICES AVAILABLE TO EMPLOYEES.—Concurrent with 

24 or immediately after providing the notice required under 

25 subsection (a)(1), an employer shall provide affected emVerDate Mar 15 2010 23:22 Jun 14, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.IS S3297

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1 ployees with information regarding the benefits and serv2 ices available to such employees, as described in the guide 

3 compiled by the Secretary under section 13. 

4 ‘‘(g) ACCESS OF RAPID RESPONSE TEAMS.—An em5 ployer who is required to provide notice under subsection 

6 (a) shall permit, during work hours, reasonable on-site ac7 cess to any Federal, State, or local rapid response team 

8 under section 134(a)(2)(A) of the Workforce Investment 

9 Act of 1998 (29 U.S.C. 2864(a)(2)(A)) responsible for 

10 providing reemployment, training services, and related 

11 services to affected employees. 

12 ‘‘(h) DOL NOTICE TO CONGRESS.—As soon as prac13 ticable and not later than 15 days after receiving notice 

14 under subsection (a)(2), the Secretary of Labor shall no15 tify the appropriate Senators and Members of the House 

16 of Representatives who represent the area or areas where 

17 the plant closing or mass layoff is to occur.’’. 

18 (c) ENFORCEMENT.— 

19 (1) AMOUNT.—Section 5(a)(1) of the Worker 

20 Adjustment and Retraining Notification Act (29 

21 U.S.C. 2104(a)(1)) is amended— 

22 (A) in subparagraph (A)— 

23 (i) by striking ‘‘back pay for each day 

24 of violation’’ and inserting ‘‘two days’ pay 

25 multiplied by the number of calendar days 


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1 for which the employer was required but 

2 failed to provide notice before such closing 

3 or layoff’’; and 

4 (ii) in clause (ii), by striking ‘‘and’’ at 

5 the end thereof; 

6 (B) by redesignating subparagraph (B) as 

7 subparagraph (C); 

8 (C) by inserting after subparagraph (A) 

9 the following: 

10 ‘‘(B) interest on the amount described in sub11 paragraph (A) calculated at the prevailing rate; 

12 and’’; and 

13 (D) by striking the matter following sub14 paragraph (C) (as so redesignated). 

15 (2) CONFORMING AMENDMENT.—Section 

16 5(a)(3) of such Act (29 U.S.C. 2104(a)(3)) is 

17 amended by inserting ‘‘, the Secretary, or the Gov18 ernor’’ after ‘‘unit of local government’’. 

19 (3) EXEMPTION.—Section 5(a)(4) of such Act 

20 (29 U.S.C. 2104(a)(4)) is amended by striking ‘‘re21 duce the amount of the liability or penalty provided 

22 for in this section’’ and inserting ‘‘reduce the 

23 amount of the liability under paragraph (1) and re24 duce the amount of the penalty provided for in para25 graph (3)’’. 


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1 (4) ADMINISTRATIVE COMPLAINT.—Section 

2 5(a)(5) of such Act (29 U.S.C. 2104(a)(5)) is 

3 amended— 

4 (A) by striking ‘‘may sue’’ and inserting 

5 ‘‘may,’’; 

6 (B) by inserting after ‘‘both,’’ the fol7 lowing: ‘‘(A) file a complaint with the Secretary 

8 alleging a violation of section 3, or (B) bring 

9 suit,’’; and 

10 (C) by adding at the end thereof the fol11 lowing new sentence: ‘‘A person seeking to en12 force such liability may use one or both of the 

13 enforcement mechanisms described in subpara14 graphs (A) and (B).’’. 

15 (5) ACTION BY THE SECRETARY.—Section 5 of 

16 such Act (29 U.S.C. 2104) is further amended— 

17 (A) by redesignating subsection (b) as sub18 section (d); and 

19 (B) by inserting after subsection (a) the 

20 following new subsections: 

21 ‘‘(b) ACTION BY THE SECRETARY.— 

22 ‘‘(1) ADMINISTRATIVE ACTION.—The Secretary 

23 shall receive, investigate, and attempt to resolve 

24 complaints of violations of section 3 by an employer 

25 in the same manner that the Secretary receives, inVerDate Mar 15 2010 23:22 Jun 14, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.IS S3297

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1 vestigates, and attempts to resolve complaints of vio2 lations of sections 6 and 7 of the Fair Labor Stand3 ards Act of 1938 (29 U.S.C. 206 and 207). 

4 ‘‘(2) SUBPOENA POWERS.—For the purposes of 

5 any investigation provided for in this section, the 

6 Secretary shall have the subpoena authority provided 

7 for under section 9 of the Fair Labor Standards Act 

8 of 1938 (29 U.S.C. 209). 

9 ‘‘(3) CIVIL ACTION.—The Secretary may bring 

10 an action in any court of competent jurisdiction to 

11 recover on behalf of an employee the backpay, inter12 est, benefits, and liquidated damages described in 

13 subsection (a). 

14 ‘‘(4) SUMS RECOVERED.—Any sums recovered 

15 by the Secretary on behalf of an employee under 

16 subparagraphs (A) and (B) of subsection (a)(1) shall 

17 be held in a special deposit account and shall be 

18 paid, on order of the Secretary, directly to each em19 ployee affected. Any such sums not paid to an em20 ployee because of inability to do so within a period 

21 of 3 years, and any sums recovered by the Secretary 

22 under subparagraph (C) of subsection (a)(1), shall 

23 be credited as an offsetting collection to the appro24 priations account of the Secretary for expenses for 


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1 the administration of this Act and shall remain 

2 available to the Secretary until expended. 

3 ‘‘(5) ACTION TO COMPEL RELIEF BY SEC4 RETARY.—The district courts of the United States 

5 shall have jurisdiction, for cause shown, over an ac6 tion brought by the Secretary to restrain the with7 holding of payment of back pay, interest, benefits, or 

8 other compensation, plus interest, found by the court 

9 to be due to employees under this Act. 

10 ‘‘(c) LIMITATION.—An action may be brought under 

11 this section not later than 2 years after the date of the 

12 last event constituting the alleged violation for which the 

13 action is brought.’’. 

14 (d) POSTING OF NOTICES; PENALTIES.—Section 11 

15 of the Worker Adjustment and Retraining Notification Act 

16 (29 U.S.C. 2101 note) is amended to read as follows: 

17 ‘‘SEC. 11. POSTING OF NOTICES; PENALTIES. 

18 ‘‘(a) POSTING OF NOTICES.—Each employer shall 

19 post and keep posted in conspicuous places upon its prem20 ises where notices to employees are customarily posted a 

21 notice to be prepared or approved by the Secretary setting 

22 forth excerpts from, or summaries of, the pertinent provi23 sions of this Act and information pertinent to the filing 

24 of a complaint. 


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1 ‘‘(b) PENALTIES.—The Secretary may impose a civil 

2 penalty on any person who willfully violates this section 

3 of not more than $500 for each separate offense.’’. 

4 (e) NON-WAIVER OF RIGHTS AND REMEDIES; INFOR5 MATION REGARDING BENEFITS AND SERVICES AVAIL6 ABLE TO EMPLOYEES.—Such Act (29 U.S.C. 2101 et 

7 seq.) is further amended by adding at the end the fol8 lowing: 

9 ‘‘SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIV10 ER. 

11 ‘‘(a) IN GENERAL.—The rights and remedies pro12 vided under this Act (including the right to maintain a 

13 civil action) may not be waived, deferred, or lost pursuant 

14 to any agreement or settlement other than an agreement 

15 or settlement described in subsection (b). 

16 ‘‘(b) AGREEMENT OR SETTLEMENT.—An agreement 

17 or settlement referred to in subsection (a) is an agreement 

18 or settlement negotiated by the Secretary, an attorney 

19 general of any State, or a private attorney on behalf of 

20 affected employees. 

21 ‘‘SEC. 13. INFORMATION REGARDING BENEFITS AND SERV22 ICES AVAILABLE TO WORKERS. 

23 ‘‘The Secretary of Labor shall maintain a guide of 

24 benefits and services which may be available to affected 

25 employees, including unemployment compensation, trade 


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1 adjustment assistance, COBRA benefits, and early access 

2 to training services and other services, including coun3 seling services, available under title I of the Workforce In4 vestment Act of 1998 (29 U.S.C. 2801). Such guide shall 

5 be available on the Internet website of the Department 

6 of Labor and shall include a description of the benefits 

7 and services, the eligibility requirements, and the means 

8 of obtaining such benefits and services. Upon receiving no9 tice from an employer under section 3(a)(2), the Secretary 

10 shall immediately transmit such guide to such employer.’’. 

11 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

12 In addition to funds authorized to be appropriated 

13 for the general enforcement of the Worker Adjustment 

14 and Retraining Notification Act (29 U.S.C. 2101 et seq.), 

15 there is authorized to be appropriated to the Secretary of 

16 Labor such additional sums as may be necessary for the 

17 additional enforcement authority authorized by the 

18 amendments made by this Act. 

Æ 


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