(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
required.
(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
employees.
(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. 5. 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 6 and provides benefits
to employees in accordance with section 7.
(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
6 or benefits to the employees in accordance with
section 7.
(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. 6. NOTICE REQUIREMENTS.
(a) IN GENERAL.—(1) An employer who implements
a plant closing or mass layoff subject to section 5 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. 7. 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 5:
(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 week’s 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 5 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. 8. RESTRICTION ON EMPLOYER TO ENTER INTO CON-
TRACT WITH THE UNITED STATES FOR FAIL-
URE TO PROVIDE NOTICE OR BENEFITS.
An employer who implements a plant closing or mass
layoff subject to section 5 and does not provide the notice
or benefits in accordance with sections 6 or 7, 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 5 or which are
substantially similar to such products or services.
SEC. 9. 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. 10. ENFORCEMENT.
(a) CIVIL ACTION BY EMPLOYEES.—
(1) LIABILITY.—An employer who implements
a plant closing or mass layoff in violation of section