benefits, and liquidated damages described in sub-
section (a). 
‘‘(4) SUMS RECOVERED.—Any sums recovered by 
the Secretary on behalf of an employee under sub-
paragraphs (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 be-
cause of inability to do so within a period of 3 years, 
and any sums recovered by the Secretary under sub-
paragraph (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 admin-
istration of this Act and shall remain available to the 
Secretary until expended. 
‘‘(5) ACTION
TO
COMPEL
RELIEF
BY
SEC-
RETARY.—The district courts of the United States 
shall have jurisdiction, for cause shown, over an ac-
tion brought by the Secretary to restrain the with-
holding 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 
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the date of the last event constituting the alleged vio-
lation for which the action is brought. 
‘‘(2) COMMENCEMENT.—In determining when an 
action is commenced under this section for the pur-
poses of paragraph (1), it shall be considered to be 
commenced on the date on which the complaint is 
filed. 
‘‘(3) LIMITATION ON PRIVATE ACTION WHILE AC-
TION 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 pend-
ency of the proceeding against any person with re-
spect to whom the Secretary has instituted the pro-
ceeding.’’. 
(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 
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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 $500 for 
each separate offense.’’. 
(e) NON-WAIVER OF RIGHTS AND REMEDIES; INFOR-
MATION REGARDING BENEFITS AND SERVICES AVAILABLE 
TO EMPLOYEES.—Such Act 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 ac-
tion) may not be waived, deferred, or lost pursuant to any 
agreement or settlement other than an agreement or settle-
ment 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 SERV-
ICES AVAILABLE TO WORKERS. 
‘‘The Secretary of Labor shall maintain a guide of ben-
efits and services which may be available to affected em-
ployees, including unemployment compensation, trade ad-
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justment assistance, COBRA benefits, and early access to 
training and other services, including counseling services, 
available under the Workforce Investment Act of 1998. Such 
guide shall be available on the Internet website of the De-
partment 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 receiv-
ing notice from an employer under section 3(a)(2), the Sec-
retary shall immediately transmit such guide to such em-
ployer.’’. 
(e) 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 new subpara-
graph: 
‘‘(C) No notice under this Act shall be required if the 
plant closing or mass layoff is due directly or indirectly 
to a terrorist attack on the United States.’’. 
SEC. 3. EXTENSION OF COBRA BENEFITS FOR CERTAIN IN-
DIVIDUALS CERTIFIED AS TAA ELIGIBLE. 
(a) AMENDMENTS TO THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 1974.— 
(1) SPECIAL RULE FOR QUALIFIED TAA ELIGIBLE 
EMPLOYEES.— 
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(A) IN GENERAL.—Section 602(2)(A) of the 
Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1162(2)(A)) is amended— 
(i) by moving clause (v) to after clause 
(iv) and before the flush left sentence begin-
ning with ‘‘In the case of a qualified bene-
ficiary’’; and 
(ii) by inserting after clause (v) the 
following new clause: 
‘‘(vi) SPECIAL
RULE
FOR
QUALIFIED 
TAA ELIGIBLE EMPLOYEES.—In the case of 
a qualifying event described in section 
603(2), clauses (i) and (ii) shall not apply 
to a qualified TAA eligible employee (as de-
fined in section 607(6)).’’. 
(B) QUALIFIED
TAA
ELIGIBLE
EMPLOYEE 
DEFINED.—Section 607 of such Act (29 U.S.C. 
1167) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(6) QUALIFIED TAA ELIGIBLE EMPLOYEE.—The 
term ‘qualified TAA eligible employee’ means a cov-
ered employee, with respect to a qualifying event, if— 
‘‘(A) the qualifying event is attributable to 
the conditions specified in section 222 of the 
Trade Act of 1974 (19 U.S.C. 2272) based on 
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which the Secretary of Labor has certified a 
group of workers as eligible to apply for adjust-
ment assistance under subchapter A of chapter 2 
of title II of such Act; 
‘‘(B) such certification applies to the cov-
ered employee; and 
‘‘(C) as of the date of such qualifying event 
the covered employee has attained age 55 or has 
completed 10 or more years of service with the 
employer.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
602(2)(A) of such Act (29 U.S.C. 1162(2)(A)) is fur-
ther amended— 
(A) in clause (i), by striking ‘‘In the case 
of’’ and inserting ‘‘Subject to clause (vi), in the 
case of’’; and 
(B) in clause (ii), by striking ‘‘If a quali-
fying event’’ and inserting ‘‘Subject to clause 
(vi), if a qualifying event’’. 
(b) EFFECTIVE DATE.— 
(1) GENERAL RULE.—The amendments made by 
this section shall apply for plan years beginning on 
or after January 1, 2008. 
(2) SPECIAL RULE FOR COLLECTIVE BARGAINING 
AGREEMENTS.—In the case of a group health plan 
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maintained pursuant to one or more collective bar-
gaining agreements between employee representatives 
and one or more employers ratified before the date of 
the enactment of this Act, the amendments made by 
this section shall not apply to plan years beginning 
before the earlier of— 
(A) the later of— 
(i) the date on which the last of the col-
lective bargaining agreements relating to 
the plan terminates (determined without re-
gard to any extension thereof agreed to after 
the date of the enactment of this Act), or 
(ii) July 1, 2008, or 
(B) the date which is 3 years after the date 
of the enactment of this Act. 
SEC. 4. EFFECTIVE DATE. 
Except as otherwise provided in this Act, the provi-
sions of 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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Union Calendar No. 258 
110TH CONGRESS 
1ST SESSION 
H. R. 3796 
[Report No. 110–410] 
A BILL 
To amend the Worker Adjustment and Retraining 
Notification Act to minimize the adverse effects 
of employment dislocation, and for other pur-
poses. 
OCTOBER 25, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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