[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 938 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 938

 To establish the America Star program within the Department of Labor, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2015

 Mr. Menendez introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To establish the America Star program within the Department of Labor, 
                        and for other purposes.

    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 ``America Star Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) America star company.--The term ``America Star 
        company'' means a participating company that is designated as 
        an America Star company under section 3(e).
            (2) America star program.--The term ``America Star 
        program'' means the voluntary program established under this 
        Act.
            (3) Applicant company.--The term ``applicant company'' 
        means a company that applies for designation as an America Star 
        company.
            (4) Participating company.--The term ``participating 
        company'' means an applicant company that--
                    (A) meets the application requirements set forth by 
                the Secretary under section 3(b)(1); and
                    (B) is not ineligible under section 3(b)(2) for 
                participation in the America Star program.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (6) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.

SEC. 3. AMERICA STAR PROGRAM.

    (a) Establishment.--The Secretary shall establish, within the 
Department of Labor, a voluntary program to be known as the ``America 
Star program'' to annually designate participating companies as America 
Star companies based on their support for the workforce of the United 
States during the previous calendar year.
    (b) Application Process.--
            (1) In general.--The Secretary shall establish procedures 
        for companies seeking a designation under this Act to apply for 
        participation in the America Star program for a calendar year, 
        including a deadline for companies to apply for such 
        participation.
            (2) Ineligibility.--A company shall be ineligible to 
        participate in the America Star program if--
                    (A) the Secretary has determined that such company 
                has committed a serious, repeated, or willful 
                violation, as described in paragraph (3), of a 
                provision under--
                            (i) the Occupational Safety and Health Act 
                        of 1970 (29 U.S.C. 651 et seq.);
                            (ii) the National Labor Relations Act (29 
                        U.S.C. 151 et seq.);
                            (iii) the Fair Labor Standards Act of 1938 
                        (29 U.S.C. 201 et seq.);
                            (iv) the Family and Medical Leave Act of 
                        1993 (29 U.S.C. 2601 et seq.);
                            (v) the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.);
                            (vi) the Age Discrimination in Employment 
                        Act of 1967 (29 U.S.C. 621 et seq.); or
                            (vii) title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.); or
                    (B) there is evidence that such company has 
                substantially outsourced, as defined by the Secretary, 
                jobs in the United States to another country during the 
                previous 5 calendar years.
            (3) Serious, repeated, or willful violation.--
                    (A) Serious.--For the purpose of determining 
                whether a violation is serious under paragraph (2)(A), 
                the Secretary shall, with respect to each of the 
                previous 3 calendar years, consider--
                            (i) the number of employees of such company 
                        affected by the violation;
                            (ii) the degree of risk posed or actual 
                        harm caused by the violation to the health, 
                        safety, or well-being of an employee of such 
                        company;
                            (iii) the amount of damages incurred or 
                        fines or penalties assessed on account of the 
                        violation; and
                            (iv) any other consideration the Secretary 
                        determines appropriate.
                    (B) Repeated.--For the purpose of determining 
                whether a violation is repeated under paragraph (2)(A), 
                the Secretary shall consider whether such company has 
                had 1 or more additional violations of the same, or a 
                substantially similar, requirement during any of the 
                previous 3 calendar years.
                    (C) Willful.--For the purpose of determining 
                whether a violation is willful under paragraph (2)(A), 
                the Secretary shall consider whether such company knew 
                of, showed reckless disregard for, or acted with plain 
                indifference as to whether the conduct of such company 
                was prohibited by any of the laws listed in paragraph 
                (2)(A) during any of the previous 3 calendar years.
    (c) Classification Groups.--The Secretary shall place each 
applicant company that meets the requirements under subsection (b) into 
a classification group based on size and industry.
    (d) Scoring System.--
            (1) In general.--The Secretary, in consultation with any 
        other relevant Federal agency as determined by the Secretary, 
        shall develop a system to score participating companies based 
        on their performance, during the previous calendar year, in the 
        categories described in paragraph (2), compared to other 
        participating companies within the classification group of such 
        company as determined under subsection (c).
            (2) Categories.--
                    (A) In general.--The score that a participating 
                company receives for such company's performance during 
                the previous calendar year shall be based on the 
                following categories:
                            (i) Wages.--The ratio of the total annual 
                        compensation, including benefits, of the 
                        employee receiving the greatest compensation at 
                        such participating company compared to the 
                        median total annual compensation, including 
                        benefits, of all employees at such company, 
                        with a higher score for participating companies 
                        with a lower such ratio.
                            (ii) Made in usa.--The percentage of the 
                        products manufactured or sold by such 
                        participating company that meet the standards 
                        of the Federal Trade Commission for labeling as 
                        ``Made in USA'', with a higher score for 
                        participating companies with a higher such 
                        percentage.
                            (iii) Veterans.--The use of veterans 
                        employment initiatives to promote employment 
                        opportunities at such participating company for 
                        veterans, with a higher score for participating 
                        companies utilizing more robust initiatives as 
                        determined by the Secretary. Such initiatives 
                        may include--
                                    (I) veterans recruitment and hiring 
                                programs;
                                    (II) job training and counseling 
                                programs for veterans;
                                    (III) internal education programs, 
                                for human resources or hiring staff, on 
                                the skills veterans attain from serving 
                                as veterans and the positive roles 
                                veterans can play at such participating 
                                company; and
                                    (IV) mentorship programs involving 
                                veterans working at such participating 
                                company and unemployed veterans.
                            (iv) Additional categories.--For any 
                        classification group determined appropriate by 
                        the Secretary, the Secretary may add any 
                        additional category that such Secretary 
                        determines to be representative of overall 
                        positive treatment of workers in the United 
                        States, including--
                                    (I) the implementation and use of 
                                initiatives or practices to promote 
                                diversity and employment of women;
                                    (II) the demonstration of pay 
                                parity for men and women of equivalent 
                                levels of employment performing 
                                equivalent work; and
                                    (III) the implementation of worker 
                                support programs, including--
                                            (aa) retirement plans;
                                            (bb) paid family and 
                                        medical leave insurance;
                                            (cc) development programs, 
                                        such as job training courses or 
                                        assistance with attaining a 
                                        higher education degree; and
                                            (dd) work schedule 
                                        flexibility.
                    (B) Priority of categories.--In scoring each 
                participating company, the Secretary shall weigh the 
                categories described in subparagraph (A) by offering 
                the greatest number of points for performance under 
                clauses (i), (ii), and (iii) of such subparagraph, with 
                performance under each such clause receiving an equal 
                weight, and the least number of points for performance 
                under clause (iv) of such subparagraph.
    (e) America Star Designation.--
            (1) In general.--Upon scoring each participating company, 
        the Secretary shall, if appropriate, designate participating 
        companies, within each classification group receiving the 
        highest, or relatively high, scores or otherwise demonstrating 
        exceptional support for workers in the United States based on 
        performance in the categories under subsection (d)(2).
            (2) Number of designations.--For each calendar year, the 
        Secretary shall determine the number of participating companies 
        to designate as America Star companies within each 
        classification group determined under subsection (c).
            (3) Deadline.--On Labor Day of each calendar year, the 
        Secretary shall announce the companies to be designated as 
        America Star companies.
    (f) Marketing; Advertising.--
            (1) Program.--The Secretary shall annually market the 
        America Star program through a webpage, on the website of the 
        Department of Labor, that includes--
                    (A) general information describing the America Star 
                program;
                    (B) the relevant information for applying to such 
                program, including the application process, the 
                ineligibility criteria, any deadlines under subsection 
                (b), and how to submit such application; and
                    (C) a list of companies designated under subsection 
                (e) as America Star companies for each previous 
                calendar year.
            (2) Awards.--
                    (A) In general.--The Secretary shall design a label 
                for designation as an America Star company.
                    (B) Permissible uses.--An America Star company may, 
                subject to subparagraph (C)(i), use a label designed 
                under subparagraph (A) for advertising purposes by 
                displaying such label next to the logo for such 
                company.
                    (C) Impermissible uses.--
                            (i) Recipient companies.--An America Star 
                        company may not use a label designed under 
                        subparagraph (A) to advertise a specific 
                        product.
                            (ii) Nonrecipient companies.--A company 
                        that is not designated as an America Star 
                        company under subsection (e) may not use a 
                        label designed under subparagraph (A) for any 
                        purpose.
            (3) Enforcement by federal trade commission.--
                    (A) Unfair or deceptive act or practice.--A 
                violation of paragraph (2)(C)(ii) shall be treated as a 
                violation of a rule defining an unfair or deceptive act 
                or practice described under section 18(a)(1)(B) of the 
                Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
                    (B) Powers of commission.--
                            (i) In general.--The Federal Trade 
                        Commission shall enforce this subsection in the 
                        same manner, by the same means, and with the 
                        same jurisdiction, powers, and duties as though 
                        all applicable terms and provisions of the 
                        Federal Trade Commission Act (15 U.S.C. 41 et 
                        seq.) were incorporated into and made a part of 
                        this subsection.
                            (ii) Privileges and immunities.--Any person 
                        who violates this subsection shall be subject 
                        to the penalties and entitled to the privileges 
                        and immunities provided in the Federal Trade 
                        Commission Act (15 U.S.C. 41 et seq.).
                            (iii) Rulemaking.--The Federal Trade 
                        Commission may promulgate standards and rules 
                        to carry out this subsection in accordance with 
                        section 553 of title 5, United States Code.
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