,,ii  #aacth ,,congress  #b;d ,session  
,s4 #beaa  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ai1     
#bjad ,mr4 ,harkin 7for himself and ,mr4
 ,alexander7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,health1           
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to amend the ,employee         
,retirement ,income ,security ,act of   
#aigd to clarify the definition of      
substantial cessation of operations4    
#a4  ,substantial cessation of          
operations  7a7 ,in general ,subsection 
7e7 of section #djfb of the ,employee   
,retirement ,income ,security ,act of   
#aigd 7#bi ,u4,s4,c4 #acfb7 is amended--
 7#a7 by striking ,operations4--,if an  
employer and inserting 8,operations4--  
7#a7 ,in general ,if an employer  2 and 
7#b7 by adding at the end the following3
  7#b7 ,substantial cessation of        
operations ,an employer shall not be    
treated as having a cessation described 
in paragraph 7#a7 unless-- 7,a7 all     

operations at a facility in a location  
are ceased1 and-- 7i7 such cessation is 
reasonably expected to be permanent2    
7ii7 no portion of such operations is   
moved to another facility at a different
 location2  7iii7 no portion of such    
operations is assumed by or otherwise   
transferred to another employer2 and    
7iv7 no other operations are reasonably 
expected to be maintained at such       
facility2 and  7,b7 as a result of the  
cessation described in subparagraph     
7,a71 more than #bj percent of the      
employees of the employer have a        
termination of employment that is       
reasonably expected to be permanent4    
,for purposes of subparagraph 7,b71 all 
employees treated as employed by a      
single employer under sections #baj 7c7 
and 7d7 shall be treated as employees of
 the employer4  4  7b7 ,direction to the
 corporation ,the ,pension ,benefit     
,guaranty ,corporation shall not take   
any enforcement1 administrative1 or     
other action pursuant to section        

#djfb7;e7 of the ,employee ,retirement  
,income ,security ,act of #aigd that is 
inconsistent with subparagraph 7,a7 of  
section #djfb7;e77#b7 of such ,act1 as  
added by subsection 7a71 without regard 
to whether the action relates to a      
cessation or other event that occurs    
before or after the date of enactment of
 this ,act1 unless such action is in    
connection with a settlement agreement  
in place before ,june #a1 #bjad4