I
103D CONGRESS
1ST SESSION
H. R. 2300
To provide assistance to employees who are subject to a plant closing or
mass layoff because their work is transferred to a foreign country that
has low wages or unhealthy working conditions and to amend the Worker
Adjustment and Retraining Notification Act to expand the coverage and
strengthen the notification and enforcement provisions under that Act.
IN THE HOUSE OF REPRESENTATIVES
MAY 27, 1993
Mr. FORD of Michigan introduced the following bill; which was referred to the
Committee on Education and Labor
A BILL
To provide assistance to employees who are subject to a
plant closing or mass layoff because their work is trans-
ferred to a foreign country that has low wages or
unhealthy working conditions and to amend the Worker
Adjustment and Retraining Notification Act to expand
the coverage and strengthen the notification and enforce-
ment provisions under that Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘American Jobs Protec-
tion Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—ASSISTANCE TO WORKERS SUBJECT TO PLANT CLOS-
INGS OR MASS LAYOFFS BECAUSE THEIR WORK IS TRANS-
FERRED TO LOW WAGE FOREIGN COUNTRIES
Sec. 101. Findings and purposes.
Sec. 102. Definitions.
Sec. 103. Limitation on work transfer to low wage foreign countries.
Sec. 104. Notice requirements.
Sec. 105. Employee benefits.
Sec. 106. Restriction on employer to enter into contract with the United States
for failure to provide notice or benefits.
Sec. 107. Investigative authority.
Sec. 108. Enforcement.
Sec. 109. Procedures in addition to other rights of employees.
Sec. 110. Requirement of posting of notice by employer at site of employment.
TITLE II—AMENDMENTS TO THE WORKER ADJUSTMENT AND
RETRAINING NOTIFICATION ACT
Sec. 201. References to act.
Sec. 202. Definitions.
Sec. 203. Increase in time period of notice required before plant closings and
mass layoffs.
Sec. 204. Additional damages for determination of employer liability.
Sec. 205. Limitation of liability for good faith act or omission in violation of
act.
Sec. 206. Additional enforcement requirements.
Sec. 207. Requirement of payment of attorney’s fee.
Sec. 208. Requirement of posting of notice at employer’s business.
TITLE III—EFFECTIVE DATE
Sec. 301. Effective date.
TITLE I—ASSISTANCE TO WORK-
ERS 
SUBJECT 
TO 
PLANT
CLOSINGS OR MASS LAYOFFS
BECAUSE 
THEIR 
WORK 
IS
TRANSFERRED TO LOW WAGE
FOREIGN COUNTRIES
SEC. 101. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) During the last 2 decades millions of jobs
in the United States have been transferred by busi-
nesses to foreign countries to take advantage of the
low wages and lack of labor standards in those coun-
tries.
(2) Millions of additional jobs in the United
States are at risk of such a transfer during the
1990’s, particularly if the North American Free
Trade Agreement is approved by the Congress.
(3) The threat of the transfer of work to low
wage foreign countries suppresses wages and bene-
fits to workers in the United States and thereby
lessens the purchasing power of middle class families
in the United States.
(4) The transfer of jobs to low wage foreign
countries imposes a severe burden upon the individ-
ual workers who are dislocated by such transfers
and the communities which are affected by such
transfers.
(5) The provision of income, continued health
and pension benefits, and job training assistance to
such dislocated workers would significantly ease the
burdens caused by the transfer of jobs to low wage
foreign countries.
(6) The transfer of jobs to take advantage of
the low wages and lack of labor standards in foreign
countries is detrimental to the interests of the Unit-
ed States because such transfers are based on the
incorrect premise that the employees of businesses
constitute a cost to be lowered and not an asset
which should be developed and utilized.
(7) The best chance for the United States to
meet international competition in the future is to
focus on a competitive strategy that emphasizes
high-wage, high-skill employment as opposed to em-
ployment that competes internationally on the basis
of low wages.
(b) PURPOSES.—The purposes of this title are—
(1) to discourage the transfer of work to low
wage foreign countries; and
(2) to require businesses that transfer work to
low wage foreign countries to mitigate the costs of
the dislocation to workers and communities subject
to that dislocation.
SEC. 102. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) AFFECTED
EMPLOYEES.—The term ‘‘af-
fected employees’’ means employees who may rea-
sonably be expected to experience an employment
loss as a consequence of a proposed plant closing or
mass layoff.
(2) EMPLOYER.—The term ‘‘employer’’ means
any business enterprise that employs—
(A) 25 or more employees, excluding part-
time employment; or
(B) 25 or more employees who in the ag-
gregate work at least 1,000 hours per week.
Such term includes all business entities which have
substantial ownership interest, substantial manage-
ment authority or substantial control over the terms
and conditions of employment of employees at a site
of employment subject to an employment loss.
(3) EMPLOYMENT LOSS.—The term ‘‘employ-
ment loss’’ means—
(A) an employment termination, other than
a discharge for cause, voluntary departure, or
retirement;
(B) a layoff exceeding 6 months;
(C) a reduction in hours of work of more
than 50 percent during each month of any 6-
month period; or
(D) a reduction in salary of more than 33
percent during each month of any 6-month
period.
(4) GROUP HEALTH PLAN.—The term ‘‘group
health plan’’ means an employee welfare benefit plan
providing medical care (as defined in section 213(d)
of the Internal Revenue Code of 1986) to partici-
pants or beneficiaries or dependents, directly or
through insurance, reimbursement, or otherwise.
(5) LOCATION ASSISTANCE.—The term ‘‘loca-
tion assistance’’ includes any subsidy, infrastructure
development or improvement, tax relief, site prepara-
tion assistance, hiring and training assistance, or
other economic benefit offered by a State or unit of
local government to induce an employer to locate at,
remain at, or expand its operations at a site of em-
ployment within the jurisdiction of such State or po-
litical subdivision.
(6) MASS
LAYOFF.—The term ‘‘mass layoff’’
means a reduction in force which—
(A) is not the result of a plant closing; and
(B) results in an employment loss at the
single site of employment, or 1 or more facili-
ties or operating units within a single site of
employment, during any 30-day period for at
least 12 employees (excluding any part-time
employees).
(7) PART-TIME EMPLOYEE.—The term ‘‘part-
time employee’’ means an employee who is employed
for an average of fewer than 20 hours per week or
who has been employed for fewer than 6 of the 12
months preceding the date on which notice is re-
quired.
(8) PLANT CLOSING.—The term ‘‘plant closing’’
means the permanent or temporary shutdown of a
single site of employment, or 1 or more facilities or
operating units within a single site of employment,
if the shutdown results in an employment loss at the
single site of employment during any 30-day period
for 12 or more employees, excluding part-time em-
ployees.
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Labor.
(10) SITE OF EMPLOYMENT.—The term ‘‘site
of employment’’ means any factory, mine, business
office, facility, or other operating unit, or the func-
tional equivalent thereof.
SEC. 103. LIMITATION ON WORK TRANSFER TO LOW WAGE
FOREIGN COUNTRIES.
(a) IN GENERAL.—An employer may not implement
a plant closing or mass layoff at a site of employment due
to a transfer of work to a low wage foreign country which
occurs 1 year before or after such closing or mass layoff
(as described in subsection (b)) unless the employer pro-
vides notice at least 180 days before such closing or mass
layoff in accordance with section 104 and provides benefits
to employees in accordance with section 105.
(b) TRANSFER OF WORK DESCRIBED.—
(1) IN GENERAL.—Except as provided in para-
graph (2), work shall be considered to be transferred
to a low wage foreign country for purposes of sub-
section (a) if the employer—
(A) increases the amount of work per-
formed at 1 or more sites of employment in 1
or more low wage foreign countries and such
work is substantially similar to the work per-
formed at the site of employment referred to in
subsection (a); or
(B) increases the amount of products or
services which are imported from 1 or more low
wage foreign countries and such products or
services are substantially similar to the prod-
ucts or services produced or provided at the site
of employment referred to in subsection (a).
(2) EXCEPTION.—If an employer who orders a
plant closing or mass layoff at a site of employment
referred to in subsection (a) proves that the increase
in—
(A) work described in paragraph (1)(A)
which is performed in a low wage foreign coun-
try; or
(B) products or services described in para-
graph (1)(B) which are imported to the United
States from a low wage foreign country,
is not related to the plant closing or mass layoff at
such site of employment, the employer shall not be
required to provide notice in accordance with section
104 or benefits to the employees in accordance with
section 105.
(3) CONSTRUCTION.—For purposes of para-
graph (1), if an increase described in such para-
graph is carried out by any person which owns at
least 10 percent of an employer described in sub-
section (a) or by any person, 10 percent of which is
owned by such employer, such employer shall be con-
sidered to have carried out such increase.
(c) PUBLICATION IN THE FEDERAL REGISTER.—The
Secretary shall publish annually in the Federal Register
the name of each low wage foreign country as defined in
subsection (d), as determined under regulations developed
by the Secretary.
(d) LOW WAGE FOREIGN COUNTRY DEFINED.—For
purposes of this section, the term ‘‘low wage foreign coun-
try’’ means—
(1) a country in which the average wage is less
than 50 percent of the average wage in the United
States, as determined by the Secretary; or
(2) a country in which the employment stand-
ards relating to the payment of overtime compensa-
tion, child labor, or employee safety and health
which are in effect and enforced in such country are
substantially less effective than the standards under
the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) and the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.), as determined
by the Secretary.
SEC. 104. NOTICE REQUIREMENTS.
(a) IN GENERAL.—(1) An employer who implements
a plant closing or mass layoff subject to section 103 shall
provide written notice of such closing or mass layoff—
(A) to each representative of the affected em-
ployees as of the time of the notice or, if there is
no such representative at that time, to each affected
employee; and
(B) to the State dislocated worker unit (des-
ignated or created under title III of the Job Train-
ing Partnership Act (29 U.S.C. 1651 et seq.)) and
the chief elected official of the unit of local govern-
ment within which such closing or layoff is to occur.
(2) If there is more than 1 such unit of local govern-
ment, the unit of local government which the employer
shall notify is the unit of local government to which the
employer pays the highest taxes for the year preceding the
year for which the determination is made.
(b) CONTENTS
OF NOTICE.—The notice required
under subsection (a) shall include a statement of—
(1) the nature of the site of employment at
which the plant closing or mass layoff is to be un-
dertaken;
(2) the reasons for undertaking such plant clos-
ing or mass layoff;
(3) any alternative to undertaking such plant
closing or mass layoff;
(4) any request made by the employer to a
State or unit of general local government for loca-
tion assistance to avoid such plant closing or mass
layoff with respect to such site of employment;
(5) the estimated extent of the employment loss
within the employer which will result from such
plant closing or mass layoff;
(6) any plan to minimize the effects of such
plant closing or mass layoff on employees at such
site of employment and on any unit of local govern-
ment having jurisdiction over the geographical area
in which the site of employment is located;
(7) the economic circumstances of such site of
employment, including the level of profitability of op-
erations at the site of employment, and any plans
for future investment, employment, and production
at the site of employment;
(8) the economic circumstances of the employer
and the feasibility of transferring employees affected
by such plant closing or mass layoff to other sites
of employment of the employer; and
(9) the names and addresses of all employees
who will suffer an employment loss as a result of
such plant closing or mass layoff.
SEC. 105. EMPLOYEE BENEFITS.
(a) IN GENERAL.—An employer shall provide the fol-
lowing benefits to each employee who suffers an employ-
ment loss due to a plant closing or mass layoff subject
to section 103:
(1) SEVERANCE PAY.—Severance pay equal to
the product of—
(A) the amount equal to 4 weeks wages of
the employee, calculated at the average wage
which the employee received in the final 26
weeks of employment with the employer; and
(B) the number of years the employee was
employed by the employer.
(2) HEALTH CARE BENEFITS.—Continuation of
benefits under the same terms and conditions of a
group health plan previously provided to the em-
ployee for the period ending 18 months after the
date of the plant closing or mass layoff.
(3) REIMBURSEMENT
FOR
RETRAINING
AND
RELATED
EXPENSES.—Reimbursement (not to ex-
ceed $10,000) for retraining, job search, and reloca-
tion expenses incurred during the period ending 2
years after the date of the notice of the plant closing
or mass layoff.
(4) TRAINING
INCENTIVE
PAYMENTS.—Incen-
tive payments equal to 25 percent of 1 weeks wages
of the employee (calculated in accordance with para-
graph (1)(A)) for each week during which the em-
ployee participates in a job training program during
the period ending 2 years after the date of the notice
of the plant closing or mass layoff.
(5) RETIREMENT BENEFITS.—In any case in
which, as of the date of the plant closing or mass
layoff, the employee is a participant in an employee
pension benefit plan (as defined in section 3(2) of
the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(2))) and has attained an age
which is at or above 5 years before early or normal
retirement age (as defined in section 3(24) of such
Act (29 U.S.C. 1002(24))) under the plan, benefits
which are the actuarial equivalent of benefit accruals
which would occur under the plan if the employee
had continued in full-time service under the plan for
5 years after such date at the same rate of pay and
had made all required contributions for such period.
(b) ESTABLISHMENT OF EMPLOYEE ACCOUNT.—
(1) IN
GENERAL.—An employer who imple-
ments a plant closing or mass layoff subject to sec-
tion 103 shall establish an employee benefit account
into which the employer shall make payments suffi-
cient to fund the amount of the benefits to be pro-
vided under subsection (a).
(2) MANAGEMENT OF ACCOUNT.—The account
established under paragraph (1) shall be managed
by 5 individuals, of whom—
(A) 2 individuals shall be selected by the
employer;
(B) 2 individuals shall be selected by the
affected employees; and
(C) 1 individual shall be selected by the 4
individuals referred to in subparagraphs (A)
and (B).
(3) REGULATIONS.—The Secretary shall pro-
mulgate regulations with respect to the establish-
ment and management of accounts under this sub-
section.
SEC. 106. RESTRICTION ON EMPLOYER TO ENTER INTO
CONTRACT WITH THE UNITED STATES FOR
FAILURE TO PROVIDE NOTICE OR BENEFITS.
(a) IN GENERAL.—Except as provided in subsection
(b), an employer who implements a plant closing or mass
layoff subject to section 103 and does not provide the no-
tice or benefits in accordance with sections 104 or 105,
respectively, may not enter into a contract with the United
States for the provision of products or services which were
involved in the work transfer described in section 103 or
which are substantially similar to such products or serv-
ices.
(b) NATIONAL SECURITY WAIVER.—The Secretary,
in consultation with the head of the appropriate Federal
agency to which the proposed contract relates, may waive
the restriction described in subsection (a) with respect to
an employer if the employer demonstrates that such re-
striction would threaten the national security of the Unit-
ed States.
SEC. 107. INVESTIGATIVE AUTHORITY.
(a) IN GENERAL.—To ensure compliance with this
title, or any regulation issued under this title, the Sec-
retary, subject to subsection (c), shall have the investiga-
tive authority provided under section 11(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 211(a)).
(b) 
OBLIGATION
TO
KEEP
AND
PRESERVE
RECORDS.—An employer shall keep and preserve records
in accordance with section 11(c) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 211(c)) and in accordance
with regulations issued by the Secretary.
(c) SUBPOENA POWER.—For the purposes of any in-
vestigation 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).
SEC. 108. ENFORCEMENT.
(a) CIVIL ACTION BY EMPLOYEES.—
(1) LIABILITY.—An employer who implements
a plant closing or mass layoff in violation of section
103 shall be liable to each employee who suffers an
employment loss due to such closing or mass lay-
off—
(A) for damages equal to—
(i) the amount of any wages, salary,
employment benefits, or other compensa-
tion denied or lost to such employee by
reason of the violation;
(ii) the interest on the amount de-
scribed in clause (i) calculated at the pre-
vailing rate; and
(iii) an additional amount as liq-
uidated damages equal to the sum of the
amount described in clause (i) and the in-
terest described in clause (ii), except that
if the employer proves to the satisfaction
of the court that the act or omission which
violated section 103 was in good faith and
that the employer had reasonable grounds
for believing that the act or omission was
not a violation of such section, such court
may, in the discretion of the court, reduce
the amount of the liability to the amount
and interest determined under clauses (i)
and (ii), respectively;
(B) for damages equal to any actual mone-
tary loss sustained by the employee as a direct
result of the violation, such as the cost of pro-
viding health care; and
(C) for such equitable relief as may be ap-
propriate, including, employment, reinstate-
ment, and promotion.
(2) STANDING.—An action to recover the dam-
ages or equitable relief described in paragraph (1)
may be maintained against an employer in any Fed-
eral or State court of competent jurisdiction by any
1 or more employees who suffer an employment loss
due to the closing or mass layoff for and in behalf
of—
(A) such employees; or
(B) such employees and other employees
similarly situated under the provisions of Fed-
eral Rule of Civil Procedure 23.
(3) FEES AND COSTS.—The court in such an
action shall, in addition to any judgment awarded to
the plaintiff, allow a reasonable attorney’s fee, rea-
sonable expert witness fees, and other costs of the
action to be paid by the defendant.
(b) ACTION BY STATE AND UNIT OF LOCAL GOVERN-
MENT.—
(1) LIABILITY.—An employer who implements
a plant closing or mass layoff in violation of section
103 shall be liable to the State or unit of local gov-
ernment in which the employer is located for dam-
ages equal to the difference of—
(A) the location assistance provided to the
employer by the State or unit of local govern-
ment; and
(B) the amount of the benefit, if any,
which the State or unit of local government will
continue to receive as a result of the provision
of such assistance to the employer.
(2) STANDING.—An action to recover the dam-
ages described in paragraph (1) may be maintained
against any employer in any Federal or State court
of competent jurisdiction by the State or unit of
local government described in paragraph (1).
(3) FEES AND COSTS.—The court in such an
action shall, in addition to any judgment awarded to
the plaintiff, allow a reasonable attorney’s fee, rea-
sonable expert witness fees, and other costs of the
action to be paid by the defendant.
(c) ACTION BY THE SECRETARY.—
(1) ADMINISTRATIVE
ACTION.—The Secretary
shall receive, investigate, and attempt to resolve
complaints of violations of section 103 in the same
manner that the Secretary receives, investigates, and
attempts to resolve complaints of violations of sec-
tions 6 and 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 206 and 207).
(2) CIVIL ACTION.—The Secretary may bring
an action in any court of competent jurisdiction to
recover 
the 
damages 
described 
in 
subsection
(a)(1)(A) on behalf of each employee who suffers an
employment loss due to a plant closing or mass lay-
off in violation of section 103.
(3) SUMS RECOVERED.—(A) Any sums recov-
ered by the Secretary on behalf of an employee
under paragraph (2) shall be held in a special de-
posit account and shall be paid, on order of the Sec-
retary, directly to such employee.
(B) Any such sums not paid to an employee be-
cause of inability to do so within a period of 3 years
from the date of recovery by the Secretary shall be
credited as an offsetting collection to the appropria-
tions account of the Secretary of Labor for expenses
for the administration of this title and shall remain
available to the Secretary until expended.
(d) LIMITATION.—
(1) IN GENERAL.—An action may be brought
under subsection (a), (b), or (c) not later than 3
years after the date of the last event constituting the
alleged violation for which the action is brought.
(2) COMMENCEMENT WITH RESPECT TO ACTION
BY SECRETARY.—In determining when an action is
commenced by the Secretary under subsection (c)
for purposes of paragraph (1), such action shall be
considered to be commenced on the date when the
complaint is filed.
(e) ACTION FOR INJUNCTION BY SECRETARY.—The
district courts of the United States shall have jurisdiction,
for cause shown, over an action brought by the Secretary
to restrain violations of section 103, including actions to
restrain the withholding of payment of wages, salary, em-
ployment benefits, or other compensation, plus interest,
found by the court to be due to employees who suffer an
employment loss due to a plant closing or mass layoff in
violation of such section.
SEC. 109. PROCEDURES IN ADDITION TO OTHER RIGHTS OF
EMPLOYEES.
The rights and remedies provided to employees under
this title are in addition to, and not in lieu of, any other
contractual or statutory rights and remedies of the em-
ployees, and are not intended to alter or affect such rights
and remedies, except that the period of notification re-
quired by section 103(a) shall run concurrently with any
period of notification required by contract or by any other
law.
SEC. 110. REQUIREMENT OF POSTING OF NOTICE BY EM-
PLOYER AT SITE OF EMPLOYMENT.
(a) IN GENERAL.—Each employer shall post and
keep posted, in conspicuous places at the site of employ-
ment of the employer where notices to employees and ap-
plicants for employment 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 title and information pertaining to the filing of a
charge.
(b) PENALTY.—Any employer that willfully violates
the requirements described in subsection (a) may be as-
sessed a civil money penalty not to exceed $100 for each
separate offense.
TITLE II—AMENDMENTS TO THE
WORKER ADJUSTMENT AND
RETRAINING 
NOTIFICATION
ACT
SEC. 201. REFERENCES TO ACT.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, 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. 202. DEFINITIONS.
Section 2(a) is amended—
(1) in paragraph (1)(A), by striking ‘‘100’’ and
inserting ‘‘50’’;
(2) in paragraph (1)(B), by striking ‘‘100’’ and
inserting ‘‘50’’ and by striking ‘‘4,000’’ and insert-
ing ‘‘2,000’’;
(3) in paragraph (2), by striking ‘‘50’’ and in-
serting ‘‘25’’; and
(4) in paragraph (3) to read as follows:
‘‘(3) the term ‘mass layoff’ means a reduction
in force which—
‘‘(A) is not the result of a plant closing;
and
‘‘(B) results in an employment loss at the
single site of employment during any 30-day pe-
riod for at least 25 employees;’’.
SEC. 203. INCREASE IN TIME PERIOD OF NOTICE REQUIRED
BEFORE PLANT CLOSINGS AND MASS LAY-
OFFS.
Section 3 is amended—
(1) by striking ‘‘60-day period’’ each place it
appears and inserting ‘‘180-day period’’; and
(2) by striking subsection (d).
SEC. 204. ADDITIONAL DAMAGES FOR DETERMINATION OF
EMPLOYER LIABILITY.
Section 5 (a)(1) is amended—
(1) by striking ‘‘as a result of such closing or
layoff for—’’ and inserting ‘‘as a result of such clos-
ing or layoff for damages equal to—’’
(2) in subparagraph (A), by striking ‘‘back pay
for each day’’ and inserting ‘‘the amount of back
pay for each day’’;
(3) in subparagraph (A)(ii), by striking ‘‘and’’
at the end of such subparagraph;
(4) in subparagraph (B), by striking the period
at the end of such subparagraph;
(5) by inserting after subparagraph (B) the fol-
lowing new subparagraphs:
‘‘(C) actual monetary losses sustained by
the employee as a direct result of the violation;
‘‘(D) the interest on the amount described
in subparagraph (A) calculated at the prevailing
rate; and
‘‘(E) an additional amount as liquidated
damages equal to the sum of the amount de-
scribed in subparagraph (A) and the interest
described in subparagraph (D);’’; and
(6) in the last sentence, by striking ‘‘60 days’’
and inserting ‘‘180 days’’.
SEC. 205. LIMITATION OF LIABILITY FOR GOOD FAITH ACT
OR OMISSION IN VIOLATION OF ACT.
Section 5(a)(4) is amended by striking ‘‘or penalty
provided for in this section’’ and inserting ‘‘to the amounts
determined under subparagraphs (A) and (C) of para-
graph (1) and the interest determined under subpara-
graph (D) of such paragraph’’.
SEC. 206. ADDITIONAL ENFORCEMENT REQUIREMENTS.
Section 5, as amended by sections 204 and 205, is
further amended—
(1) by redesignating subsection (b) as sub-
section (e); and
(2) by inserting after subsection (a) the follow-
ing new subsections:
‘‘(b) ACTION BY THE SECRETARY.—
‘‘(1) The Secretary shall receive, investigate,
and attempt to resolve complaints of violations of
section 3 in the same manner that the Secretary re-
ceives, investigates, and attempts to resolve com-
plaints of violations of sections 6 and 7 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206 and
207).
‘‘(2) The Secretary may bring an action in any
court of competent jurisdiction to recover the dam-
ages described in subsection (a).
‘‘(3) Any sums recovered by the Secretary pur-
suant to paragraph (2) shall be held in a special de-
posit account and shall be paid, on order of the Sec-
retary, 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 shall be credited as
an offsetting collection to the appropriations account
of the Secretary of Labor for expenses for the ad-
ministration of this title and shall remain available
to the Secretary until expended.