S. 1792 (110th): FOREWARN Act of 2007

S 1792 IS

To amend the Worker Adjustment and Retraining Notification Act to improve such Act.

July 16, 2007

Mr. BROWN (for himself, Mr. OBAMA, and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

To amend the Worker Adjustment and Retraining Notification Act to improve such Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `FOREWARN Act of 2007'.

SEC. 2. AMENDMENTS TO THE WORKER ADJUSTMENT AND RETRAINING ACT.

(a) Definitions- Section 2(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101(a)) is amended--

(1) in paragraph (1)--

(A) by striking `100' each place that such appears and inserting `50'; and

(B) in subparagraph (B), by striking `4,000' and inserting `2,000';

(2) in paragraph (2), by striking `50' and inserting `25'; and

(3) in paragraph (3)(B)(ii), by striking `500' and inserting `100'.

(b) Notice Required- Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended--

(1) in subsection (a), by striking `60-day' and inserting `90-day';

(2) in subsection (b), by striking `60-day' each place that such appears and inserting `90-day'; and

(3) by adding at the end the following:

`(e) Calendar Days- All references in this Act to `days' shall be deemed to mean calendar days.'.

(c) Notice to Other Parties and Secretary of Labor- Section 3(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a)) is amended by adding at the end the following:

`(e) Notice to the Secretary- Not later than 60 days after a plant closing or mass layoff, the employer involved shall submit to the Secretary of Labor a notification of the closing or layoff and the number of employees involved.'.

(d) Penalty- Section 5 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104) is amended--

(1) in subsection (a)(1)(A), by striking `back pay' and inserting `double the back pay';

(2) in the flush matter following subparagraph (B), by striking `60 days' and inserting `90 days'; and

(3) by adding at the end the following:

`(c) Authority of Secretary of Labor- A civil action may be brought by the Secretary of Labor (or the appropriate State attorney general if the Secretary fails to act within 6 months of the alleged violation) on behalf of one or more employees for relief under this section. The right provided by this section to bring an action by or on behalf of any employee, and the right of any employee to become a party plaintiff to any such action, shall terminate upon the filing of an action by the Secretary of Labor under this subsection.'.

(e) Educational Materials- The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) is amended by adding at the end the following:

`SEC. 11. EDUCATIONAL MATERIALS.

`The Secretary of Labor shall make educational materials concerning employee rights and employer responsibilities under this Act available to the general public and employers. Such materials shall be available on the Internet website of the Secretary and in written form for distribution by employers.'.

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