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 ‘‘Early Warning and 
Health Care for Workers Affected by Globalization Act’’. 
SEC. 2. AMENDMENTS TO THE WARN ACT. 
(a) DEFINITIONS.— 
(1) EMPLOYER, PLANT CLOSING, AND MASS LAY-
OFF.—Paragraphs (1) through (3) of section 2(a) of 
the Worker Adjustment and Retraining Notification 
Act (29 U.S.C. 2101(a)(1)–(3)) are amended to read 
as follows: 
‘‘(1) the term ‘employer’ means any business en-
terprise that employs 100 or more employees; 
‘‘(2) the term ‘plant closing’ means the perma-
nent or temporary shutdown of a single site of em-
ployment, or of one or more facilities or operating 
units within a single site of employment, which re-
sults in an employment loss at such site, during any 
30-day period, for 25 or more employees; 
‘‘(3) the term ‘mass layoff’ means a reduction in 
force at a single site of employment which results in 
an employment loss at such site, during any 30-day 
period, for 25 or more employees.’’. 
(2) SECRETARY OF LABOR.— 
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(A) DEFINITION.—Paragraph (8) of such 
section is amended to read as follows: 
‘‘(8) the term ‘Secretary’ means the Secretary of 
Labor or a representative of the Secretary of Labor.’’. 
(B) REGULATIONS.—Section 8(a) of such 
Act (29 U.S.C. 2107(a)) is amended by striking 
‘‘of Labor’’. 
(3) CONFORMING AMENDMENTS.— 
(A) NOTICE.—Section 3(d) of such Act (29 
U.S.C. 2102(d)) is amended by striking out ‘‘, 
each of which is less than the minimum number 
of employees specified in section 2(a)(2) or (3) 
but which in the aggregate exceed that minimum 
number,’’ and inserting ‘‘which in the aggregate 
exceed the minimum number of employees speci-
fied in section 2(a)(2) or (3)’’. 
(B) DEFINITIONS.—Section 2(b)(1) of such 
Act (29 U.S.C. 2101(b)(1)) is amended by strik-
ing ‘‘(other than a part-time employee)’’. 
(b) NOTICE.— 
(1) NOTICE PERIOD.— 
(A) IN GENERAL.—Section 3 of the Worker 
Adjustment and Retraining Notification Act (29 
U.S.C. 2102) is amended by striking ‘‘60-day pe-
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riod’’ and inserting ‘‘90-day period’’ each place 
it appears. 
(B) 
CONFORMING
AMENDMENT.—Section 
5(a)(1) of such Act (29 U.S.C. 2104(a)(1)) is 
amended in the matter following subparagraph 
(B), by striking ‘‘60 days’’ and inserting ‘‘90 
days’’. 
(2) RECIPIENTS.—Section 3(a) of such Act (29 
U.S.C. 2102(a)) is amended— 
(A) in paragraph (1), by striking ‘‘or, if 
there is no such representative at that time, to 
each affected employee; and’’ and inserting ‘‘and 
to each affected employee;’’; and 
(B) by redesignating paragraph (2) as 
paragraph (3) and inserting after paragraph (1) 
the following: 
‘‘(2) to the Secretary; and’’. 
(3) INFORMATION
REGARDING
BENEFITS
AND 
SERVICES AVAILABLE TO WORKERS AND DOL NOTICE 
TO
CONGRESS.—Section 3 of such Act (29 U.S.C. 
2102) is further amended by adding at the end the 
following: 
‘‘(e) INFORMATION REGARDING BENEFITS AND SERV-
ICES AVAILABLE TO EMPLOYEES.—Concurrent with or im-
mediately after providing the notice required under sub-
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section (a)(1), an employer shall provide affected employees 
with information regarding the benefits and services avail-
able to such employees, as described in the guide compiled 
by the Secretary under section 12. 
‘‘(f) DOL NOTICE TO CONGRESS.—As soon as prac-
ticable and not later than 15 days after receiving notifica-
tion under subsection (a)(2), the Secretary of Labor shall 
notify the appropriate Senators and Members of the House 
of Representatives who represent the area or areas where 
the plant closing or mass layoff is to occur.’’. 
(c) ENFORCEMENT.— 
(1) AMOUNT.—Section 5(a)(1) of the Worker Ad-
justment and Retraining Notification Act (29 U.S.C. 
2104(a)(1)) is amended— 
(A) in subparagraph (A)— 
(i) by striking ‘‘back pay for each day 
of violation’’ and inserting ‘‘two days’ pay 
multiplied by the number of calendar days 
short of 90 that the employer provided no-
tice before such closing or layoff’’; and 
(ii) in clause (ii), by striking ‘‘and’’ at 
the end thereof; 
(B) by redesignating subparagraph (B) as 
subparagraph (C); 
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(C) by inserting after subparagraph (A) the 
following: 
‘‘(B) interest on the amount described in sub-
paragraph (A) calculated at the prevailing rate; 
and’’; and 
(D) by striking the matter following sub-
paragraph (C) (as so redesignated). 
(2) EXEMPTION.—Section 5(a)(4) of such Act 
(29 U.S.C. 2104(a)(4)) is amended by striking ‘‘re-
duce the amount of the liability or penalty provided 
for in this section’’ and inserting ‘‘reduce the amount 
of the liability under subparagraph (C) of paragraph 
(1) and reduce the amount of the penalty provided for 
in paragraph (3)’’. 
(3) 
ADMINISTRATIVE
COMPLAINT.—Section 
5(a)(5) of such Act (29 U.S.C. 2104(a)(5)) is amend-
ed— 
(A) by striking ‘‘may sue’’ and inserting 
‘‘may,’’; 
(B) by inserting after ‘‘both,’’ the following: 
‘‘(A) file a complaint with the Secretary alleging 
a violation of section 3, or (B) bring suit’’; and 
(C) by adding at the end thereof the fol-
lowing new sentence: ‘‘A person seeking to en-
force such liability may use one or both of the 
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enforcement mechanisms described in subpara-
graphs (A) and (B).’’. 
(4) ACTION BY THE SECRETARY.—Section 5 of 
such Act (29 U.S.C. 2104) is amended— 
(A) by redesignating subsection (b) as sub-
section (d); and 
(B) by inserting after subsection (a) the fol-
lowing new subsections: 
‘‘(b) ACTION BY THE SECRETARY.— 
‘‘(1) ADMINISTRATIVE
ACTION.—The Secretary 
shall receive, investigate, and attempt to resolve com-
plaints of violations of section 3 by an employer in 
the same manner that the Secretary receives, inves-
tigates, and attempts to resolve complaints of viola-
tions of sections 6 and 7 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206 and 207). 
‘‘(2) SUBPOENA POWERS.—For the purposes of 
any investigation 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). 
‘‘(3) CIVIL ACTION.—The Secretary may bring 
an action in any court of competent jurisdiction to 
recover on behalf of an employee the backpay, interest, 
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