I 
111TH CONGRESS 
1ST SESSION H. R. 3042 
To amend the Worker Adjustment and Retraining Notification Act to mini-
mize the adverse effects of employment dislocation, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2009 
Mr. GEORGE MILLER of California (for himself, Mr. MCHUGH, Ms. WOOLSEY, 
and Ms. KAPTUR) introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To amend the Worker Adjustment and Retraining Notifica-
tion Act to minimize the adverse effects of employment 
dislocation, and for other purposes. 
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 ‘‘Forewarn Act’’. 
SEC. 2. AMENDMENTS TO THE WARN ACT. 
(a) DEFINITIONS.— 
(1) EMPLOYER, PLANT
CLOSING, AND
MASS 
LAYOFF.—Paragraphs (1) through (3) of section 
2(a) of the Worker Adjustment and Retraining Noti-
VerDate Nov 24 2008 
03:57 Jun 30, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3042.IH
H3042
rfrederick on PROD1PC67 with BILLS
fication Act (29 U.S.C. 2101(a)(1)–(3)) are amend-
ed to read as follows: 
‘‘(1) the term ‘employer’ means any business 
enterprise that employs 75 or more employees and 
includes any parent corporation of which such busi-
ness enterprise is a subsidiary; 
‘‘(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.— 
(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’’. 
VerDate Nov 24 2008 
03:57 Jun 30, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3042.IH
H3042
rfrederick on PROD1PC67 with BILLS
(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 min-
imum number,’’ and inserting ‘‘which in the ag-
gregate exceed the minimum number of employ-
ees specified 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 
striking ‘‘(other than a part-time employee)’’. 
(b) NOTICE.— 
(1) NOTICE PERIOD.— 
(A) IN GENERAL.—Section 3 of the Work-
er Adjustment and Retraining Notification Act 
(29 U.S.C. 2102) is amended by striking ‘‘60- 
day period’’ 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’’. 
VerDate Nov 24 2008 
03:57 Jun 30, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3042.IH
H3042
rfrederick on PROD1PC67 with BILLS
(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 the Governor of the 
State where the plant closing or mass layoff is to 
occur; and’’. 
(3) NOTICE EXCUSED WHERE CAUSED BY TER-
RORIST ATTACK.—Section 3(b)(2) of the Worker Ad-
justment and Retraining Notification Act (29 U.S.C. 
2102(b)(2)) is amended by adding at the end the 
following: 
‘‘(C) No notice under this Act shall be re-
quired if the plant closing or mass layoff is due 
directly to a terrorist attack on the United 
States.’’. 
(4) CONTENT OF NOTICE.—Section 3 of such 
Act (29 U.S.C. 2102) is further amended by adding 
at the end the following: 
VerDate Nov 24 2008 
03:57 Jun 30, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3042.IH
H3042
rfrederick on PROD1PC67 with BILLS
‘‘(e) 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 plant closing or 
mass layoff; 
‘‘(C) the availability of employment at 
other establishments owned by the employer; 
‘‘(D) a statement of each employee’s rights 
with respect to wages, severance and employee 
benefits; and 
‘‘(E) 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 the notice provided to individual 
employees, the names, addresses, and occupations of 
the affected employees.’’. 
(5) INFORMATION REGARDING BENEFITS AND 
SERVICES AVAILABLE TO WORKERS AND DOL NO-
TICE
TO
CONGRESS.—Section 3 of such Act (29 
VerDate Nov 24 2008 
03:57 Jun 30, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3042.IH
H3042
rfrederick on PROD1PC67 with BILLS