‘‘(B) CALCULATION.—The number of em-
ployees at a single site of employment who suf-
fer an employment loss shall be calculated in a 
manner that includes— 
‘‘(i) all such employees who work at 
the physical location of the site; and 
‘‘(ii) all such employees who work re-
motely and— 
‘‘(I) are assigned to or otherwise 
associated with the site; 
‘‘(II) 
receive 
assignments 
or 
training from the site; 
‘‘(III) report to a manager asso-
ciated with the site; or 
‘‘(IV) whose job loss was a fore-
seeable consequence of a reduction in 
force at the site. 
‘‘(5) REPRESENTATIVE.—The term ‘representa-
tive’ means an exclusive representative of employees 
within the meaning of section 8(f) or 9(a) of the Na-
tional Labor Relations Act (29 U.S.C. 158(f); 
159(a)) or section 2 of the Railway Labor Act (45 
U.S.C. 152). 
‘‘(6) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Labor. 
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‘‘(7) SHORT-TIME COMPENSATION PROGRAM.— 
The 
term 
‘short-time 
compensation 
program’ 
means— 
‘‘(A) a short-time compensation program, 
as defined in section 3306(v) of the Internal 
Revenue Code of 1986, that is operational; or 
‘‘(B) a program determined by the Sec-
retary to be equivalent to a program described 
in subparagraph (A) that provides, in com-
parable amounts and with comparable restric-
tions to such a program, employees experi-
encing a temporary reduction in work hours 
with pro rata pay, unimpaired benefits, and 
supplemental income. 
‘‘(8) SITE
CLOSING.—The term ‘site closing’ 
means the permanent or temporary shutdown of a 
single site of employment, or one or more facilities 
or operating units within a single site of employ-
ment, that results in an employment loss at the sin-
gle site of employment during any 30-day period for 
5 or more employees, calculated in the same manner 
as described in paragraph (4)(B). 
‘‘(9) UNIT OF LOCAL GOVERNMENT.—The term 
‘unit of local government’ means any general pur-
pose political subdivision of a State which has the 
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power to levy taxes and spend funds, as well as gen-
eral corporate and police powers. 
‘‘(b) EXCLUSIONS FROM EMPLOYMENT LOSS DUE 
TO A SITE CLOSING OR MASS LAYOFF.—An employee 
shall not be considered to have experienced an employment 
loss due to a site closing or mass layoff if the site closing 
or mass layoff is the result of the relocation or consolida-
tion of part or all of the employer’s business and, prior 
to the site closing or mass layoff— 
‘‘(1) the employer offers to transfer the em-
ployee to a different site of employment within a 
reasonable commuting distance with no more than a 
90-day break in employment; or 
‘‘(2) the employer offers to transfer the em-
ployee to any other site of employment regardless of 
distance with no more than a 90-day break in em-
ployment, and the employee accepts within 30 days 
of the offer or of the site closing or mass layoff, 
whichever is later. 
‘‘SEC. 3. NOTICE REQUIRED BEFORE SITE CLOSINGS AND 
MASS LAYOFFS. 
‘‘(a) NOTICE TO EMPLOYEES, STATE DISLOCATED 
WORKER UNITS, AND LOCAL GOVERNMENTS.—Except as 
provided in subsection (c), an employer shall not order a 
site closing or mass layoff until 90 calendar days after 
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the date on which the employer has served written notice 
of such an order to— 
‘‘(1)(A) each representative of the affected em-
ployees as of the time of the notice; or 
‘‘(B) each affected employee; 
‘‘(2) the Secretary and the Governor of the 
State where the site closing or mass layoff is to 
occur; 
‘‘(3) the State or entity designated by the State 
to carry out rapid response activities under section 
134(a)(2)(A) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3174(a)(2)(A)); and 
‘‘(4) the chief elected official of the unit of local 
government within which such closing or layoff is to 
occur. 
‘‘(b) DUTIES UPON RECEIPT OF NOTICE.—A State 
or designated entity that receives a notice under sub-
section (a)(3) shall— 
‘‘(1) make the information in the notice publicly 
available within the jurisdiction of the local govern-
ment involved; 
‘‘(2) transmit a copy of the notice to each af-
fected local area (as defined in section 3 of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3102)), so that the information in the notice 
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can be distributed through activities under section 
134(c)(2)(A)(iv)(I)(aa) of that Act (29 U.S.C. 
3174(c)(2)(A)(iv)(I)(aa)); and 
‘‘(3) ensure that— 
‘‘(A) an appropriate labor-management 
committee described in section 3(51)(C) of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3102(51)(C)) has been established or is 
established not later than 20 days after receipt 
of the notice; and 
‘‘(B) an individual is designated, by not 
later than 20 days after receipt of such notice, 
to coordinate rapid response activities described 
in section 134(a)(2)(A)(i) of such Act, in con-
sultation with the labor-management com-
mittee. 
‘‘(c) REDUCTION OF NOTIFICATION PERIOD.— 
‘‘(1) POTENTIAL NEW BUSINESS OR FINANC-
ING.—An employer may order the site closing of a 
single site of employment before the conclusion of 
the 90-day period described in subsection (a) if the 
employer can demonstrate that— 
‘‘(A) as of the date that notice would have 
been required, and continuing until it was pro-
vided, the employer was being offered, on ac-
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ceptable terms, new business or financing in an 
amount which, if obtained, would have enabled 
the employer to avoid the site closing; and 
‘‘(B) had notice been given as of such date, 
the notice would have precluded the new busi-
ness or financing. 
‘‘(2) UNFORESEEN CIRCUMSTANCES.— 
‘‘(A) NATURAL
DISASTERS.—The 90-day 
advance notice under subsection (a) shall not be 
required if the site closing or mass layoff is due 
directly to any form of natural disaster, such as 
a flood, earthquake, or a drought ravaging the 
farmlands of the United States. 
‘‘(B) TERRORIST
ATTACKS.—The 90-day 
advance notice under subsection (a) shall not be 
required if the site closing or mass layoff is due 
directly to a terrorist attack that affects the op-
eration of the site. 
‘‘(C) PUBLIC
HEALTH
EMERGENCIES.— 
The 90-day advance notice under subsection (a) 
shall not be required if the site closing or mass 
layoff is due directly to a catastrophic infectious 
disease outbreak or other public health emer-
gency that affects the operation of the site. 
‘‘(3) PROVISION OF NOTICE.— 
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‘‘(A) POTENTIAL
NEW
BUSINESS
OR
FI-
NANCING.—An employer relying on paragraph 
(1) shall be liable under this Act for any por-
tion of the 90-day period described in sub-
section (a) prior to the provision of notice in 
which it is unable to meet the requirements of 
such paragraph. 
‘‘(B) OTHER REQUIREMENTS.— 
‘‘(i) IN GENERAL.—An employer rely-
ing on paragraph (1) or (2) shall give as 
much notice as is practicable and at that 
time shall give a brief statement of the 
basis for reducing the notification period. 
‘‘(ii) LIABILITY.—An employer that 
fails to satisfy the requirements under 
clause (i) shall be liable under this Act for 
the full 90-day period described in sub-
section (a). 
‘‘(d) TEMPORARY MASS LAYOFF
OR SITE CLOS-
ING.— 
‘‘(1) IN GENERAL.—A layoff through a tem-
porary mass layoff or temporary site closing shall be 
treated as an employment loss under this Act as of 
the date of the commencement of the temporary 
mass layoff or temporary site closing unless the em-
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ployer complies with the requirements under para-
graphs (2) and (3). 
‘‘(2) INITIAL
PERIOD
OF
TEMPORARY
MASS 
LAYOFF OR SITE CLOSING.—With respect to the pe-
riod of a temporary mass layoff or temporary site 
closing that has not been extended as described in 
paragraph (3), the employer shall— 
‘‘(A) at the commencement of such layoff 
or closing, provide a written notice as required 
under subsection (a) stating— 
‘‘(i) the date on which the employer 
expects to recall the affected employees to 
work, which date shall be less than 90 days 
after the date of such commencement; and 
‘‘(ii) that the employer will provide 
short-time compensation for the duration 
of such layoff or closing through a short- 
time compensation program; 
‘‘(B) as soon as practicable, provide short- 
time compensation through such program, 
which shall continue to be provided for the du-
ration of the temporary mass layoff or tem-
porary site closing; and 
‘‘(C) on or before the recall date stated 
under subparagraph (A)(i)— 
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‘‘(i) in good faith, recall the affected 
employees for at least 90 days of employ-
ment; 
‘‘(ii) extend the period of the tem-
porary mass layoff or temporary site clos-
ing in accordance with paragraph (3); or 
‘‘(iii) except as provided in paragraph 
(4)(C), terminate the affected employees 
with not less than 90 days’ notice. 
‘‘(3) EXTENSION
OF
PERIOD
OF
TEMPORARY 
MASS LAYOFF OR SITE CLOSING.—In the case the 
employer seeks to extend the period of a temporary 
mass layoff or temporary site closing beyond the re-
call date stated under paragraph (2)(A)(i) or a sub-
sequent recall date as provided under this para-
graph, the employer shall— 
‘‘(A) prior to the pending recall date, pro-
vide to each individual or entity described in 
subsection (a) a written notice of such exten-
sion, stating— 
‘‘(i) that the period of the temporary 
mass layoff or temporary site closing will 
be extended to a new recall date within 90 
days of the pending recall date; and 
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‘‘(ii) that the employer will continue 
providing short-time compensation as de-
scribed in paragraph (2)(A)(ii); 
‘‘(B) continue providing short-time com-
pensation as described in paragraph (2)(B); 
and 
‘‘(C) on or before such new recall date— 
‘‘(i) in good faith, recall the affected 
employees for at least 90 days of employ-
ment; 
‘‘(ii) further extend the period of the 
temporary mass layoff or temporary site 
closing in accordance with this paragraph; 
or 
‘‘(iii) except as provided in paragraph 
(4)(C), terminate the affected employees 
with not less than 90 days’ notice. 
‘‘(4) TEMPORARY MASS LAYOFFS OR SITE CLOS-
INGS RESULTING IN TERMINATIONS.— 
‘‘(A) IN GENERAL.—In the case the period 
of a temporary mass layoff or temporary site 
closing, including any extensions of such layoff 
or closing, culminates in the employer termi-
nating an affected employee with less than 90 
days’ notice in violation of paragraph (2)(C)(iii) 
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or paragraph (3)(C)(iii), the employer shall, ex-
cept as provided in subparagraph (C), be liable 
to such employee for back pay and benefits as 
described in section 5 for each day, for up to 
a maximum of 90 days, the employer did not 
provide notice and short-time compensation as 
required under this subsection. 
‘‘(B) NO
REDUCTIONS.—Notwithstanding 
section 5(a)(2), no amount for which an em-
ployer is liable under subparagraph (A) shall be 
reduced by any payment received by an em-
ployee for short-time compensation during the 
period of the violation. 
‘‘(C) EXCEPTIONS.—An employer may ter-
minate an affected employee under paragraph 
(2)(C)(iii) or (3)(C)(iii) with less than 90-days’ 
notice as described in such paragraph if the em-
ployer can demonstrate the existence of a cir-
cumstance described in paragraph (1) or (2) of 
subsection (c). The applicable requirements 
under paragraph (3) of such subsection shall 
apply with respect to any employer relying on 
such a circumstance in providing less than 90- 
days’ notice under paragraph (2)(C)(iii) or 
(3)(C)(iii). 
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‘‘(e) DETERMINATIONS WITH RESPECT TO EMPLOY-
MENT LOSS.— 
‘‘(1) MULTIPLE GROUPS.—For purposes of this 
section, in determining whether a site closing or 
mass layoff at a single site of employment has oc-
curred or will occur, employment losses for 2 or 
more groups at the single site of employment, each 
of which is less than the minimum number of em-
ployees specified in paragraph (4) or (8) of section 
2(a) but which in the aggregate exceed that min-
imum number, and which occur within any 90-day 
period, shall be considered to be a site closing or 
mass layoff unless the employer demonstrates that 
the employment losses are the result of separate and 
distinct actions and causes and are not an attempt 
by the employer to evade the requirements of this 
Act. 
‘‘(2) TREATMENT OF BUSINESS SALES.— 
‘‘(A) IN GENERAL.—In the case of a sale 
of part or all of an employer’s business, the 
seller shall be responsible for providing notice 
for any site closing or mass layoff in accordance 
with this section up to and including the effec-
tive date of the sale. After the effective date of 
the sale of part or all of an employer’s business, 
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the purchaser shall be responsible for providing 
notice for any site closing or mass layoff in ac-
cordance with this section. 
‘‘(B) TRANSFER OF EMPLOYEES.—In the 
case of a sale of part or all of an employer’s 
business, and notwithstanding any other provi-
sion of this Act, any person who is an employee 
of the seller as of the effective date of the sale 
shall be considered an employee of the pur-
chaser immediately after the effective date of 
the sale. 
‘‘(f) CONTENT OF NOTICES.—An employer who is re-
quired to provide notice as required under subsection (a) 
shall include— 
‘‘(1) in each notice required under such sub-
section— 
‘‘(A) a statement of the number of affected 
employees; 
‘‘(B) the reason for the site closing or 
mass layoff; 
‘‘(C) whether the layoff is permanent or 
temporary and, if temporary, the date on which 
the employer expects to recall the affected em-
ployees to work; 
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‘‘(D) the availability of employment at 
other establishments owned by the employer; 
‘‘(E) a statement of each employee’s rights 
with respect to wages and severance and em-
ployee benefits; and 
‘‘(F) a statement of the available employ-
ment and training services provided by the De-
partment of Labor; and 
‘‘(2) in each notice required under such sub-
section (except for paragraph (1)(B) of such sub-
section), the names, addresses, and occupations of 
the affected employees. 
‘‘(g) INFORMATION
REGARDING
BENEFITS
AND 
SERVICES AVAILABLE TO EMPLOYEES.—Concurrent with 
or immediately after providing the notice required under 
subsection (a)(1), an employer shall provide affected em-
ployees with information regarding the benefits and serv-
ices available to such employees, as described in the guide 
compiled by the Secretary under section 13. 
‘‘(h) ACCESS OF RAPID RESPONSE TEAMS.—An em-
ployer who is required to provide notice under subsection 
(a) shall permit, during work hours, reasonable on-site ac-
cess to any Federal, State, or local rapid response team 
under section 134(a)(2)(A) of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3174(a)(2)(A)) respon-
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sible for providing reemployment, training services, and 
related services to affected employees. 
‘‘(i) DOL NOTICE TO CONGRESS.—As soon as prac-
ticable and not later than 15 days after receiving notice 
under subsection (a)(2), the Secretary shall notify the ap-
propriate Senators and Members of the House of Rep-
resentatives who represent the area or areas where the site 
closing or mass layoff is to occur.’’. 
(b) WIOA AMENDMENT REGARDING THE PROVISION 
OF INFORMATION THROUGH LOCAL EMPLOYMENT AND 
TRAINING ACTIVITIES.—Section 134(c)(2)(A)(iv)(I)(aa) 
of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3174(c)(2)(A)(iv)(I)(aa)) is amended by inserting 
before the semicolon the following: ‘‘and of information in 
notices described in section 3(a), and of access to the data-
base established under section 5(e), of the Worker Adjust-
ment and Retraining Notification Act (29 U.S.C. 2102(a); 
2104(e))’’. 
SEC. 3. EXEMPTION. 
Section 4 of the Worker Adjustment and Retraining 
Notification Act (29 U.S.C. 2103) is amended to read as 
follows: 
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‘‘SEC. 4. EXEMPTION. 
‘‘This Act shall not apply to a site closing or mass 
layoff if the closing or layoff is the result of the completion 
of a particular project or undertaking for which— 
‘‘(1) the completion point of the project or un-
dertaking was— 
‘‘(A) ascertainable; and 
‘‘(B) when an affected employee was hired, 
described to and acknowledged by the employee, 
in writing, as limiting the duration of the em-
ployment; and 
‘‘(2) the approach of the completion point was 
reasonably obvious, without any notice other than 
under paragraph (1)(B), to any affected employee 
not less than 60 days before the occurrence of the 
completion point.’’. 
SEC. 4. ADMINISTRATION AND ENFORCEMENT OF RE-
QUIREMENTS. 
Section 5 of the Worker Adjustment and Retraining 
Notification Act (29 U.S.C. 2104) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘plant’’ and insert-
ing ‘‘site’’; 
(ii) in subparagraph (A)— 
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(I) in the matter preceding clause 
(i), by striking ‘‘each day’’ and insert-
ing ‘‘each calendar day’’; and 
(II) in clause (ii), by striking 
‘‘and’’ after the semicolon; 
(iii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; 
and’’; 
(iv) by inserting after subparagraph 
(B) the following: 
‘‘(C) liquidated damages in an amount 
equal to 30 days of back pay, at the rate of 
compensation calculated under subparagraph 
(A).’’; and 
(v) in the flush text following sub-
paragraph (C) (as added by clause (iv)), by 
striking ‘‘a maximum’’ through ‘‘event’’ 
and inserting ‘‘90 days, plus a day for 
each day that an employee is on parental, 
family, or medical leave during the period 
of violation and for each day that an em-
ployee has such leave curtailed due to such 
employment loss. In no event shall an em-
ployer be liable’’; 
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(B) in paragraph (2)(A), by inserting ‘‘, 
which begins on the date of the employment 
loss’’ after ‘‘the violation’’; 
(C) in paragraph (3), by inserting ‘‘the 
Secretary, a State, or’’ before ‘‘a unit of local 
government’’; 
(D) in paragraph (4)— 
(i) by striking ‘‘which has violated 
this Act’’ and inserting ‘‘that has violated 
the provisions of section 3 with respect to 
the Secretary, a State, or a unit of local 
government’’; 
(ii) by striking ‘‘omission that violated 
this Act’’ and inserting ‘‘omission that vio-
lated such provisions’’; 
(iii) by striking ‘‘violation of this Act’’ 
and inserting ‘‘violation of such provi-
sions’’; and 
(iv) by striking ‘‘reduce the amount of 
the liability or penalty provided for in this 
section’’ and inserting ‘‘reduce the amount 
of the penalty under paragraph (3)’’; 
(E) by striking paragraph (5) and insert-
ing the following: 
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