U.S.C. 2102) is further amended by adding at the 
end the following: 
‘‘(f) 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. 
‘‘(g) ACCESS OF RAPID RESPONSE TEAMS.—An em-
ployer who is required to provide notice shall permit, dur-
ing work hours, reasonable on-site access to any Federal, 
State, or local rapid response team responsible for pro-
viding reemployment, training, and related services to af-
fected employees. 
‘‘(h) 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 
Adjustment and Retraining Notification Act (29 
U.S.C. 2104(a)(1)) is amended— 
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(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 
for which the employer was required but 
failed to provide notice 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); 
(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) 
CONFORMING
AMENDMENT.—Section 
5(a)(3) of such Act (29 U.S.C. 2104(a)(3)) is 
amended by inserting ‘‘, the Secretary of Labor, or 
the Governor’’ after ‘‘unit of local government’’. 
(3) 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 
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for in this section’’ and inserting ‘‘reduce the 
amount of the liability under paragraph (1) and re-
duce the amount of the penalty provided for in para-
graph (3)’’. 
(4) 
ADMINISTRATIVE
COMPLAINT.—Section 
5(a)(5) of such Act (29 U.S.C. 2104(a)(5)) is 
amended— 
(A) by striking ‘‘may sue’’ and inserting 
‘‘may,’’; 
(B) by inserting after ‘‘both,’’ the fol-
lowing: ‘‘(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 
enforcement mechanisms described in subpara-
graphs (A) and (B).’’. 
(5) 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 
following new subsections: 
‘‘(b) ACTION BY THE SECRETARY.— 
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‘‘(1) ADMINISTRATIVE ACTION.—The Secretary 
shall receive, investigate, and attempt to resolve 
complaints of violations of section 3 by an employer 
in the same manner that the Secretary receives, in-
vestigates, and attempts to resolve complaints of vio-
lations of sections 6 and 7 of the Fair Labor Stand-
ards 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, inter-
est, benefits, and liquidated damages described in 
subsection (a). 
‘‘(4) SUMS RECOVERED.—Any sums recovered 
by the Secretary on behalf of an employee under 
subparagraphs (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 because of inability to do so within a pe-
riod of 3 years, and any sums recovered by the Sec-
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retary under subparagraph (C) of section 5(a)(1), 
shall be credited as an offsetting collection to the ap-
propriations account of the Secretary of Labor for 
expenses for the administration 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 the date of the last event constituting the al-
leged violation for which the action is brought. 
‘‘(2) COMMENCEMENT.—In determining when 
an action is commenced under this section for the 
purposes 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 
ACTION OF SECRETARY IS PENDING.—If the Sec-
retary has instituted an enforcement action or pro-
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ceeding under subsection (b), an individual employee 
may not bring an action under subsection (a) during 
the pendency of the proceeding against any person 
with respect to whom the Secretary has instituted 
the proceeding.’’. 
(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 prem-
ises 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 provi-
sions of this chapter and information pertinent to the fil-
ing 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 AVAIL-
ABLE TO EMPLOYEES.—Such Act is further amended by 
adding at the end the following: 
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‘‘SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIV-
ER. 
‘‘(a) IN GENERAL.—The rights and remedies pro-
vided under this Act (including the right to maintain a 
civil action) may not be waived, deferred, or lost pursuant 
to any agreement or settlement other than an agreement 
or settlement 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 
benefits and services which may be available to affected 
employees, including unemployment compensation, trade 
adjustment assistance, COBRA benefits, and early access 
to training and other services, including counseling serv-
ices, available under the Workforce Investment Act of 
1998. Such guide shall be available on the Internet website 
of the Department of Labor and shall include a descrip-
tion of the benefits and services, the eligibility require-
ments, and the means of obtaining such benefits and serv-
ices. Upon receiving notice from an employer under sec-
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tion 3(a)(2), the Secretary shall immediately transmit 
such guide to such employer.’’. 
SEC. 3. 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. 
SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 
In addition to funds authorized to be appropriated 
for the general enforcement of the Worker Adjustment 
and Retraining Notification Act, there is authorized to be 
appropriated to the Secretary of Labor such additional 
sums as may be necessary for the additional enforcement 
authority authorized by the amendments made by this Act. 
Æ 
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