II 

108TH CONGRESS 

2D SESSION S. 2090

To amend the Worker Adjustment and Retraining Notification Act to provide 

protections for employees relating to the offshoring of jobs. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2004

Mr. DASCHLE (for himself, Mr. KENNEDY, Mr. HARKIN, Ms. MIKULSKI, Mrs. 

MURRAY, Mr. EDWARDS, Mr. AKAKA, Mr. DORGAN, Mr. FEINGOLD, Mr. 

WYDEN, Mr. CORZINE, Ms. STABENOW, Mr. SCHUMER, Mrs. CLINTON, 

Mr. KERRY, and Mrs. FEINSTEIN) 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 provide protections for employees relating 

to the offshoring of jobs.

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 ‘‘Jobs for America Act 

5 of 2004’’. 
2

•S 2090 IS 

1 SEC. 2. AMENDMENTS TO THE WORKER ADJUSTMENT AND 

2 RETRAINING NOTIFICATION ACT. 

3 (a) DEFINITION.—Section 2(a) of the Worker Ad4 justment and Retraining Notification Act (29 U.S.C. 

5 2101(a)) is amended—

6 (1) in paragraph (3)(B), by striking ‘‘for—’’ 

7 and all that follows through ‘‘500 employees’’ in 

8 clause (ii), and inserting ‘‘for at least 50 employ9 ees’’; 

10 (2) in paragraph (7), by striking ‘‘and’’ at the 

11 end; 

12 (3) in paragraph (8), by striking the period and 

13 inserting ‘‘; and’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(9) the term ‘offshoring of jobs’ means any ac16 tion taken by an employer the effect of which is to 

17 create, shift, or transfer employment positions or fa18 cilities outside the United States and which results 

19 in an employment loss during any 30 day period for 

20 15 or more employees.’’. 

21 (b) NOTICE.—Section 3 of the Worker Adjustment 

22 and Retraining Notification Act (29 U.S.C. 2102) is 

23 amended—

24 (1) in subsection (a)—
3

•S 2090 IS 

1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘60-day’’ and inserting ‘‘90-day’’; 

3 and 

4 (B) in paragraph (1), by striking ‘‘and’’ at 

5 the end; 

6 (C) in paragraph (2), by striking the pe7 riod and inserting ‘‘;and’’; and 

8 (D) by inserting after paragraph (2), the 

9 following: 

10 ‘‘(3) to the Secretary of Labor.’’; 

11 (2) in subsection (b), by striking ‘‘60-day’’ each 

12 place that such appears and inserting ‘‘90-day’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(e) NOTICE FOR OFFSHORING OF JOBS.—In the 

15 case of a notice under subsection (a) regarding the 

16 offshoring of jobs, the notice shall include, in addition to 

17 the information otherwise required by the Secretary with 

18 respect to other notices under such subsection, informa19 tion concerning—

20 ‘‘(1) the number of jobs affected; 

21 ‘‘(2) the location that the jobs are being shifted 

22 or transferred to; and 

23 ‘‘(3) the reasons that such shifting or transfer24 ring of jobs is occurring.’’. 
4

•S 2090 IS 

1 (c) TECHNICAL AMENDMENTS.—The Worker Adjust2 ment and Retraining Notification Act (29 U.S.C. 2101 et 

3 seq.) is amended—

4 (1) by striking ‘‘plant closing or mass layoff’’ 

5 each place that such appears and inserting ‘‘plant 

6 closing, mass layoff, or offshoring of jobs’’; 

7 (2) by striking ‘‘closing or layoff’’ each place 

8 that such appears and inserting ‘‘closing, layoff, or 

9 offshoring’’; and 

10 (3) in section 3—

11 (A) in the section heading by striking 

12 ‘‘PLANT CLOSINGS AND MASS LAYOFFS’’ 

13 and inserting ‘‘PLANT CLOSINGS, MASS LAY14 OFFS, AND OFFSHORING OF JOBS’’; 

15 (B) in subsection (b)(2)(A), by striking 

16 ‘‘closing or mass layoff’’ and inserting ‘‘closing, 

17 layoff, or offshoring’’; and 

18 (C) in subsection (d), by striking ‘‘section 

19 2(a)(2) or (3)’’ and inserting ‘‘paragraph (2), 

20 (3), or (9) of section 2(a)’’; 

21 (d) POSTING OF EMPLOYEE RIGHTS.—The Worker 

22 Adjustment and Retraining Notification Act (29 U.S.C. 

23 2101 et seq.) is amended by adding at the end the fol24 lowing: 
5

•S 2090 IS 

1 ‘‘SEC. 11. POSTING OF NOTICE OF RIGHTS. 

2 ‘‘(a) DEVELOPMENT.—Not later than 60 days after 

3 the date of enactment of this section, the Secretary of 

4 Labor shall develop a notice of employee rights under this 

5 Act for posting by employers. 

6 ‘‘(b) POSTING.—Each employer shall post in a con7 spicuous place in places of employment the notice of the 

8 rights of employees as developed by the Secretary under 

9 subsection (a).’’. 

10 (e) ANNUAL REPORT.—The Worker Adjustment and 

11 Retraining Notification Act (29 U.S.C. 2101 et seq.), as 

12 amended by subsection (d), is further amended by adding 

13 at the end the following: 

14 ‘‘SEC. 12. CONTENTS OF ANNUAL REPORTS BY THE SEC15 RETARY OF LABOR. 

16 ‘‘(a) IN GENERAL.—The Secretary of Labor shall col17 lect and compile statistics based on the information sub18 mitted to the Secretary under subsections (a)(3) and (e) 

19 of section 3. 

20 ‘‘(b) REPORT.—Not later than 120 days after the 

21 date on which each regular session of Congress com22 mences, the Secretary of Labor shall prepare and submit 

23 to the President and the appropriate committees of Con24 gress a report on the offshoring of jobs (as defined in sec25 tion 2(a)(9)). Each such report shall include information 

26 concerning—
6

•S 2090 IS 

1 ‘‘(1) the number of jobs affected by offshoring; 

2 ‘‘(2) the locations to which jobs are being shift3 ed or transferred; 

4 ‘‘(3) the reasons why such shifts and transfers 

5 are occurring; and 

6 ‘‘(4) any other relevant data compiled under 

7 subsection (a).’’.

Æ