138 
HR 3920 RFS
U.S.C. 2102) is further amended by adding at the 
end the following: 
‘‘(e) 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 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 
Adjustment 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’’ 
VerDate Aug 31 2005 
23:49 Nov 05, 2007
Jkt 059200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H3920.RFS
H3920
hmoore on PRODPC68 with HMBILLS
139 
HR 3920 RFS
(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) 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 
amended— 
(A) by striking ‘‘may sue’’ and inserting 
‘‘may,’’; 
(B) by inserting after ‘‘both,’’ the fol-
lowing: ‘‘(A) file a complaint with the Secretary 
VerDate Aug 31 2005 
23:49 Nov 05, 2007
Jkt 059200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H3920.RFS
H3920
hmoore on PRODPC68 with HMBILLS
140 
HR 3920 RFS
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).’’. 
(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 
following new subsections: 
‘‘(b) ACTION BY THE SECRETARY.— 
‘‘(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 
VerDate Aug 31 2005 
23:49 Nov 05, 2007
Jkt 059200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H3920.RFS
H3920
hmoore on PRODPC68 with HMBILLS
141 
HR 3920 RFS
for under section 9 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 209). 
‘‘(3) 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-
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. 
‘‘(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.’’. 
VerDate Aug 31 2005 
23:49 Nov 05, 2007
Jkt 059200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H3920.RFS
H3920
hmoore on PRODPC68 with HMBILLS
142 
HR 3920 RFS
(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: 
‘‘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). 
VerDate Aug 31 2005 
23:49 Nov 05, 2007
Jkt 059200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H3920.RFS
H3920
hmoore on PRODPC68 with HMBILLS