[Congressional Record Volume 160, Number 115 (Tuesday, July 22, 2014)]
[Senate]
[Pages S4707-S4714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORNYN (for himself, Mr. Inhofe, Mr. Enzi, and Mr. Moran):
S. 2635. A bill to amend the Endangered Species Act of 1973 to
require publication on the Internet of the basis for determinations
that species are endangered species or threatened species, and for
other purposes; to the Committee on Environment and Public Works.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2635
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 ``21st Century Endangered
Species Transparency Act''.
SEC. 2. REQUIREMENT TO PUBLISH ON INTERNET BASIS FOR
LISTINGS.
Section 4(b) of the Endangered Species Act (16 U.S.C.
1533(b)) is amended by adding at the end the following:
``(9) Publication on internet of basis for listings.--The
Secretary shall make publicly available on the Internet the
best scientific and commercial data available that are the
basis for each regulation, including each proposed
regulation, promulgated under subsection (a)(1), except that,
at the request of a Governor or legislature of a State, the
Secretary shall not make available under this paragraph
information regarding which the State has determined public
disclosure is prohibited by a law of that State relating to
the protection of personal information.''.
______
By Mr. LEVIN:
S. 2637. A bill to modify the small business intermediary lending
program; to the Committee on Small Business and Entrepreneurship.
Mr. LEVIN. Mr. President, today I am introducing the Small Business
Intermediary Lending Program Act of 2014.
This bill would make permanent a successful small business financing
program which provides startups and growing small businesses with
access to capital. As a long-time member of the Small Business and
Entrepreneurship Committee, I have been a strong supporter of efforts
to help small firms expand and thrive so they can create jobs and grow
the economy.
The need for creative and effective ways to expand access to capital
for small businesses is greater than ever. According to a study issued
by the Brookings Institute in May, entrepreneurship is experiencing a
troubling decline in the United States, a trend the authors document
over the last 30 years, across all 50 States and almost all
metropolitan areas. They conclude that we need to pursue policies that
better foster entrepreneurship if we want to create more jobs.
One way we can foster entrepreneurship and address the lingering
unemployment affecting so many of our communities is to make permanent
the Small Business Intermediary Lending Pilot Program.
I proposed and helped enact the Intermediary Lending Pilot Program
into law in 2010. Over the last three years, the program has provided
loans of $1 million to nonprofit intermediary lenders to make small to
mid-sized loans to small businesses. The program gets financing to
small businesses that are not being served by banks or conventional
loan programs currently available through the Small Business
Administration. Small businesses seeking this flexible debt financing
may have graduated from the Small Business Administration's Microloan
Program, and for a variety of reasons, especially lack of adequate
collateral, do not qualify for guaranteed 7(a) loans or other private
capital.
Given the slow economic recovery, high demand exists for the
Intermediary Lending Pilot Program. In the short life of the program,
intermediaries in 20 States across the country have already made more
than 300 small business loans, totaling more than $26 million. If not
for the Intermediary Lending Pilot Program, the small businesses
receiving these loans would have been hard-pressed to find this
financing elsewhere. Almost 90 percent of the loans were in the
$50,000-$200,000 range, making these loans larger than microloans. The
average loan size in the pilot has been about $88,000.
The loans facilitated by the Intermediary Lending Program have done
more than help small businesses; they have created or retained
thousands of jobs. Building on this success and keeping the program
going will strengthen our economy, get small businesses sorely-needed
capital, and catalyze job creation.
Merit Hall, a full service staffing firm located in downtown Detroit,
provides services and staffing to construction, landscape and facility
maintenance contractors throughout southeastern Michigan. In 2013,
Merit Hall received a $200,000 ILP loan to support the company's
growth. Merit Hall used those funds to retain and create 10 office jobs
and 300 jobs in the field. In addition, this loan allowed Merit Hall to
grow their revenues to the point where they were bankable and were able
to receive a $350,000 loan from a commercial bank and pay off their ILP
loan.
Rubber Technologies of Coleman, Michigan, recycles tires to create
premium recycled products such as playground surfacing and rubber mats.
The Intermediary Lending Program loan they received will help
strengthen their business, allowing them to add
[[Page S4708]]
equipment and retain 12 jobs. Roaming Harvest, a small business in
Traverse City, Michigan, started out as a food truck and now thanks to
a loan from the Intermediary Pilot program has opened a cafe featuring
local food, retaining two jobs and creating two new jobs.
These small loans can add up. An intermediary lender in the state of
Washington, Craft3, has already made 34 loans through the program and
created 98 jobs as a result.
Intermediary lenders do more than provide loans; they provide
technical assistance and counseling which often does not accompany
conventional loans, helping business owners start and grow successful
enterprises.
The Intermediary Lending Program is modeled after the U.S. Department
of Agriculture's Rural Development Loan Program, which has existed
since 1988. Like the USDA program, this SBA counterpart is a
decentralized initiative relying on the capacity and market expertise
of local, nonprofit intermediary lenders, but it expands this approach,
serving both rural and urban areas.
The legislation I am introducing today makes the Intermediary Lending
Program permanent and authorizes a funding level of $20 million for
each of the next three fiscal years. The legislation authorizes
nonprofit lending intermediaries, chosen on a competitive basis, to
participate in the program. As in the pilot, each intermediary will
receive a loan of up to $1 million at a low interest rate to create a
revolving loan fund through which they will make small business loans.
The nonprofit lenders who participate in this program already tap a
variety of financing programs to meet the needs of the small businesses
in their states and localities. SBA has observed that one of the
benefits of the Intermediary Lending Program as compared to the
Microloan Program is the longer repayment term, 20 years versus 10
years, respectively. This patient capital helps to facilitate larger
loans that some businesses need, up to $200,000, and it allows the
revolving loan fund to revolve about 2.5 times before the intermediary
fully repays the initial SBA loan.
In addition to authorizing the program, this bill makes a technical
correction to the language of the pilot program. While the pilot
program limited the amount that an intermediary can borrow under the
Intermediary Lending Program to $1 million, it did not intend to take
into account money an intermediary borrowed through other SBA programs.
Unfortunately, SBA interpreted the language in a way that placed an
overall cap on how much a participating intermediary can borrow from
the SBA under all SBA programs. The result was that more experienced
lenders with higher loan volumes, especially many strong microlenders,
were unable to participate. That was simply not the intent of Congress.
Rather, this program was designed to complement the microloan and 7(a)
programs and add another tool to the portfolio of nonprofit community-
based lenders. The bill I am introducing today changes the language to
clarify our intent, maintains the $1 million loan limit, and increases
the overall amount intermediaries can have outstanding from SBA under
the Intermediary Lending Program to $5 million.
The Intermediary Lending Program is a small program which has already
made a big difference. It is modeled on a program which has been
operating successfully for almost 30 years, and it shields the
government from any risks involved in lending to small businesses by
having experienced intermediaries take on that risk. As we all look for
ways to bolster our economy, we should build on this record of success.
The Intermediary Lending Pilot is addressing a lending gap and helping
create jobs across the nation. If we adopt my legislation, this program
will continue to be an engine for small business growth. I urge its
swift enactment.
______
By Ms. LANDRIEU:
S. 2641. A bill to amend the Truth in Lending Act to provide that
residential mortgage loans held in portfolio qualify and qualified
mortgages for purposes of the presumption of the ability to repay
requirements under such Act, and for other purposes; to the Committee
on Banking, Housing, and Urban Affairs.
Ms. LANDRIEU. Mr. President, I come to the floor today to discuss the
importance of community banks to our financial system and economy.
Community banks are critical to the economic recovery and success of
our local economies and small businesses. As our Nation continues to
recover from the worst recession since the Great Depression, we need to
do everything possible to provide measured, targeted regulatory relief
for community banks, who were not part of the problem during the
financial crisis.
America's nearly 7,000 community banks are the primary source of
lending for our Nation's small businesses and farms. Though they
compose just 10 percent of the banking industry by assets, community
banks make over 57 percent of outstanding bank loans to small
businesses. In Louisiana, we have approximately 140 community banks.
These institutions are vital parts of their local communities; their
boards are often made up of local citizens who are personally invested
in advancing the interests of the towns and cities in which they live.
Today I am offering a very simple, common sense provision that would
cut back on some of the onerous regulations community banks are facing
without compromising the safety and soundness of our financial system
or important consumer protections. The Consumer Financial Protection
Bureau, CFPB, released its final rule on consumers' ability to repay
mortgage loans under Dodd-Frank in January 2013. The final rule,
implemented in 2014, defines the qualities of a ``qualified mortgage'',
QM, which presume that the lender has satisfied the ability to repay
requirements. While I was encouraged by many aspects of the rules, I
feel there is more to be done to ensure that community banks and Main
Street lenders are not stifled by onerous regulations.
My bill will allow any residential mortgage held in portfolio by
lenders with less than $10 billion in total assets to qualify as a
``qualified mortgage.'' A strong indication of a bank's view of the
credit risk of a loan is the decision to hold a loan in portfolio. When
a bank holds a loan in portfolio, rather than selling in on the
secondary market, it assumes 100 percent of the credit risk, so it has
the incentive to ensure that each and every loan is well underwritten
and affordable to the borrower. Community banks are in the business of
knowing their borrowers, understanding their ability to repay and
structuring loans accordingly. This protects the financial health of
borrowers, lenders, and the economy as a whole.
I am proud to also serve as a cosponsor of S. 1349, the Community
Lending Enhancement and Regulatory, CLEAR, Relief Act, which was
introduced by my colleagues, Senators Moran and Tester and contains a
number of other regulatory relief measures for small and community-
based lenders. I encourage my colleagues to support these provisions to
help community banks serve their customers, protecting the well-being
of borrowers, and spur economic growth in local communities across the
Nation.
______
By Mr. HARKIN (for himself, Ms. Warren, and Mr. Brown):
S. 2642. A bill to permit employees to request changes to their work
schedules without fear of retaliation, and to ensure that employers
consider these requests; and to require employers to provide more
predictable and stable schedules for employees in certain growing low-
wage occupations, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mr. HARKIN. Mr. President, I want to bring to our attention a large
and growing problem laced by American workers today that has negative
consequences for working families and our national economy. They are
hourly service workers holding jobs that we all rely on--the folks who
are serving customers in stores and restaurants, who are cleaning our
offices and hotels, who are making sure that shelves are stocked, food
is cooked properly, and businesses run smoothly. They are also white
collar workers: professionals, managers, teachers, and more. All of
these workers want to go to work and be successful at their jobs. But
today, too many do not have access to one of
[[Page S4709]]
the most basic parts of a job: a stable, predictable schedule.
For hourly service workers, jobs are often scheduled on a ``just in
time'' basis. This means that schedules are given out last minute,
workers are often required to be on call, and schedules and the number
of assigned hours vary week to week and month to month. Schedules are
often made with no input from workers or consideration for family needs
or even sleep time. A worker may have 8 hours of work one week, 24
hours the next week, and no hours for the next two weeks. A worker may
have the night shift followed by the day shift, or a split shift with a
few hours in the morning and a few more hours in the evening. A worker
may show up after arranging and paying for child care and taking a 2
hour trip by public transportation, only to be sent home for lack of
work. Assigned time on schedules is a perk, while being left off the
schedule is a punishment.
These abusive scheduling practices mean that workers often can't
predict their income, which makes it very difficult to budget and pay
bills. It also wreaks havoc on family life. Working parents can't be
home for family dinner, help with afternoon homework, or put kids to
bed. Workers with elderly parents or relatives who are in need of care
cannot be available when they are needed. And the inability to predict
a schedule means that taking classes or getting a second job to further
one's career or increase income become difficult to impossible. And
yet, because these practices have become so common among hourly service
jobs, moving to a different job is not an option. Workers are simply
stuck.
Meanwhile, white collar workers are working longer than ever. They
have to stay late long into the night and come in on the weekends. If
they want a 40-hour workweek or time with family, they are too often
criticized as uncommitted to the job. They, too, miss family dinners
and other family events. They, too, are unable to be with children or
elders when their care is required.
What these workers have in common is their lack of control over their
hours and their schedules. That is why I have joined with Senator
Warren and Representatives George Miller and Rosa DeLauro to introduce
the ``Schedules That Work Act.'' This bill will help workers to meet
scheduling challenges in ways that respect their needs and the needs of
businesses.
First, the bill will allow all workers, both hourly and salaried in
any job or industry, to make requests about their schedules, and it
will prohibit retaliation against them for doing so. Employers will be
required to engage in an interactive process in response to scheduling
requests--much like that required to determine reasonable
accommodations under the Americans with Disabilities Act. An employer
has to consider a request, consider alternatives, and provide an answer
to a worker's request. Certain requests will have some extra
consideration: if an employee makes a request because of caregiving
duties, to deal with a serious health condition, to take a career-
related training or education course, or to meet the demands of a
second job in the case of part-time workers, then an employer must have
a bona fide business reason to deny the request. This ``right to
request'' will open a line of communication that ensures workers have a
voice but respects employers' business needs.
Second, the Schedules That Work Act will ensure that workers in
retail, food service, and janitorial and cleaning jobs are paid when
they are required to report in or be on call. If a worker is scheduled
for at least four hours and reports to work, the worker must be paid
for at least four hours, even if she is sent home early. An employer
will have to provide an extra hour's pay if he requires an employee to
be on call. If an employer schedules a ``split shift''--with non-
consecutive shifts within a single day--a worker will earn an extra
hour's pay.
Finally, this bill will require 2 weeks' advance notice of schedules
for workers in retail, food service, and janitorial jobs. If changes
are made with less than 24 hours' notice, employers will be required to
provide an extra hour's pay. While employers can continue to make
changes to schedules, we hope that this requirement will reduce the
chaos that can be created by continual last-minute scheduling.
A schedule should be a basic part of almost any job. Predictability
and stability in hours helps workers meet their personal and family
demands. In turn, workers are more likely to stay in their jobs,
reducing the expensive turnover that can cost businesses dearly A
simple consideration like advance notice of a schedule goes a long way
toward creating good will, fostering loyalty, and raising morale among
employees.
What this bill is really about, at its heart, is respect. Respect for
workers' lives and businesses' needs. I encourage all of my Senate
colleagues to join me on this bill.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2642
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Schedules
That Work Act''.
(b) Findings.--Congress finds the following:
(1) The vast majority of the United States workforce today
is juggling responsibilities at home and at work. Women are
primary breadwinners or co-breadwinners in 63 percent of
families in the United States and 26 percent of families with
children are headed by single mothers.
(2) Despite the dual responsibilities of today's workforce,
workers across the income spectrum have very little ability
to make changes to their work schedules when those changes
are needed to accommodate family responsibilities. Only 27
percent of employers allow all or most of their employees to
periodically change their starting and quitting times.
(3) Although low-wage workers are most likely to be raising
children on their own, as more than half of mothers of young
children in low-wage jobs are doing, low-wage workers have
the least control over their work schedules and the most
unpredictable schedules. For example--
(A) roughly half of low-wage workers reported very little
or no control over the timing of the hours they were
scheduled to work;
(B) many workers in low-wage jobs receive their schedules
with very little advance notice and have work hours that vary
significantly from week to week or month to month;
(C) some workers in low-wage jobs are sent home from work
when work is slow without being paid for their scheduled
shift;
(D) in some industries, the use of ``call-in shift''
requirements--requirements that workers call in to work to
find out whether they will be scheduled to work later that
day--has become common practice; and
(E) at the same time, 20 to 30 percent of workers in low-
wage jobs struggle with being required to work extra hours
with little or no notice.
(4) Unfair work scheduling practices make it difficult for
low-wage workers to--
(A) provide necessary care for children and other family
members, including arranging child care;
(B) qualify for and maintain eligibility for child care
subsidies, due to fluctuations in income and work hours, or
keep an appointment with a child care provider, due to not
knowing how many hours or when the workers will be scheduled
to work;
(C) pursue workforce training;
(D) get or keep a second job that some part-time workers
need to make ends meet; and
(E) arrange transportation to and from work.
(5) Unpredictable and unstable schedules are prevalent in
retail sales, food preparation and service, and building
cleaning occupations, which are among the lowest-paid and
fastest-growing occupations in the workforce today. For
workers in those occupations, often difficult and sometimes
abusive work scheduling practices combine with very low wages
to make it extremely challenging to make ends meet.
(6) Retail sales, food preparation and service, and
building cleaning occupations are among those most likely to
have unpredictable and unstable schedules. According to data
from the Bureau of Labor Statistics, 66 percent of food
service workers, 52 percent of retail workers, and 40 percent
of janitors and housekeepers know their schedules only a week
or less in advance. The average variation in work hours in a
single month is 70 percent for food service workers, 50
percent for retail workers, and 40 percent for janitors and
housekeepers.
(7) Those are among the lowest-paid and fastest-growing
occupations, accounting for 18 percent of workers in the
economy, some 23,500,000 workers. The median pay for workers
in those 3 occupations is between $9.15 and $10.44 per hour,
and women make up more than half of the workers in those
occupations.
(8) Employers that have implemented fair work scheduling
policies that allow workers
[[Page S4710]]
to have more control over their work schedules, and provide
more predictable and stable schedules, have experienced
significant benefits, including reductions in absenteeism and
workforce turnover, and increased employee morale and
engagement.
(9) This Act is a first step in responding to the needs of
workers for a voice in the timing of their work hours and for
more predictable schedules.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Bona fide business reason.--The term ``bona fide
business reason'' means--
(A) the identifiable burden of additional costs to an
employer, including the cost of productivity loss, retraining
or hiring employees, or transferring employees from one
facility to another facility;
(B) a significant detrimental effect on the employer's
ability to meet organizational needs or customer demand;
(C) a significant inability of the employer, despite best
efforts, to reorganize work among existing (as of the date of
the reorganization) staff;
(D) a significant detrimental effect on business
performance;
(E) insufficiency of work during the periods an employee
proposes to work;
(F) the need to balance competing scheduling requests when
it is not possible to grant all such requests without a
significant detrimental effect on the employer's ability to
meet organizational needs; or
(G) such other reason as may be specified by the Secretary
of Labor (or the corresponding administrative officer
specified in section 8).
(2) Career-related educational or training program.--The
term ``career-related educational or training program'' means
an educational or training program or program of study
offered by a public, private, or nonprofit career and
technical education school, institution of higher education,
or other entity that provides academic education, career and
technical education, or training (including remedial
education or English as a second language, as appropriate),
that is a program that leads to a recognized postsecondary
credential (as identified under section 122(d) of the
Workforce Innovation and Opportunity Act), and provides
career awareness information. The term includes a program
allowable under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.), the Workforce Innovation and
Opportunity Act, the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), or the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), without
regard to whether or not the program is funded under the
corresponding Act.
(3) Caregiver.--The term ``caregiver'' means an individual
with the status of being a significant provider of--
(A) ongoing care or education, including responsibility for
securing the ongoing care or education, of a child; or
(B) ongoing care, including responsibility for securing the
ongoing care, of--
(i) a person with a serious health condition who is in a
family relationship with the individual; or
(ii) a parent of the individual, who is age 65 or older.
(4) Child.--The term ``child'' means a biological, adopted,
or foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis to that child, who is--
(A) under age 18; or
(B) age 18 or older and incapable of self-care because of a
mental or physical disability.
(5) Covered employer.--
(A) In general.--The term ``covered employer''--
(i) means any person engaged in commerce or in any industry
or activity affecting commerce who employs 15 or more
employees (described in paragraph (7)(A));
(ii) includes any person who acts, directly or indirectly,
in the interest of such an employer to any of the employees
(described in paragraph (7)(A)) of such employer;
(iii) includes any successor in interest of such an
employer; and
(iv) includes an agency described in subparagraph (A)(iii)
of section 101(4) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611(4)), to which subparagraph (B) of such
section shall apply.
(B) Rule.--For purposes of determining the number of
employees who work for a person described in subparagraph
(A)(i), all employees (described in paragraph (7)(A))
performing work for compensation on a full-time, part-time,
or temporary basis shall be counted, except that if the
number of such employees who perform work for such a person
for compensation fluctuates, the number may be determined for
a calendar year based upon the average number of such
employees who performed work for the person for compensation
during the preceding calendar year.
(C) Person.--In this paragraph, and paragraph (7), the term
``person'' has the meaning given the term in section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(6) Domestic partner.--The term ``domestic partner'' means
the person recognized as being in a relationship with an
employee under any domestic partnership, civil union, or
similar law of the State or political subdivision of a State
in which the employee resides.
(7) Employee.--The term ``employee'' means an individual
who is--
(A) an employee, as defined in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not
described in any of subparagraphs (B) through (G);
(B) a State employee described in section 304(a) of the
Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
16c(a));
(C) a covered employee, as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301),
other than an applicant for employment;
(D) a covered employee, as defined in section 411(c) of
title 3, United States Code;
(E) a Federal officer or employee covered under subchapter
V of chapter 63 of title 5, United States Code;
(F) an employee of the Library of Congress; or
(G) an employee of the Government Accountability Office.
(8) Employer.--The term ``employer'' means a person--
(A) who is--
(i) a covered employer, as defined in paragraph (4), who is
not described in any of clauses (ii) through (vii);
(ii) an entity employing a State employee described in
section 304(a) of the Government Employee Rights Act of 1991;
(iii) an employing office, as defined in section 101 of the
Congressional Accountability Act of 1995;
(iv) an employing office, as defined in section 411(c) of
title 3, United States Code;
(v) an employing agency covered under subchapter V of
chapter 63 of title 5, United States Code;
(vi) the Librarian of Congress; or
(vii) the Comptroller General of the United States; and
(B) who is engaged in commerce (including government), in
the production of goods for commerce, or in an enterprise
engaged in commerce (including government) or in the
production of goods for commerce.
(9) Family relationship.--The term ``family relationship''
means a relationship with a child, spouse, domestic partner,
parent, grandchild, grandparent, sibling, or parent of a
spouse or domestic partner.
(10) Grandchild.--The term ``grandchild'' means the child
of a child.
(11) Grandparent.--The term ``grandparent'' means the
parent of a parent.
(12) Minimum number of expected work hours.--The term
``minimum number of expected work hours'' means the minimum
number of hours an employee will be assigned to work on a
weekly or monthly basis.
(13) Parent.--The term ``parent'' means a biological or
adoptive parent, a stepparent, or a person who stood in a
parental relationship to an employee when the employee was a
child.
(14) Parental relationship.--The term ``parental
relationship'' means a relationship in which a person assumed
the obligations incident to parenthood for a child and
discharged those obligations before the child reached
adulthood.
(15) Part-time employee.--The term ``part-time employee''
means an individual who works fewer than 30 hours per week on
average during any 1-month period.
(16) Retail, food service, or cleaning employee.--
(A) In general.--The term ``retail, food service, or
cleaning employee'' means an individual employee who is
employed in any of the following occupations, as described by
the Bureau of Labor Statistics Standard Occupational
Classification System (as in effect on the day before the
date of enactment of this Act):
(i) Retail sales occupations consisting of occupations
described in 41-1010 and 41-2000, and all subdivisions
thereof, of such System, which includes first-line
supervisors of sales workers, cashiers, gaming change persons
and booth cashiers, counter and rental clerks, parts
salespersons, and retail salespersons.
(ii) Food preparation and serving related occupations as
described in 35-0000, and all subdivisions thereof, of such
System, which includes supervisors of food preparation and
serving workers, cooks and food preparation workers, food and
beverage serving workers, and other food preparation and
serving related workers.
(iii) Building cleaning occupations as described in 37-
2011, 37-2012 and 37-2019 of such System, which includes
janitors and cleaners, maids and housekeeping cleaners, and
building cleaning workers.
(B) Exclusions.--Notwithstanding subparagraph (A), the term
``retail, food service, or cleaning employee'' does not
include any person employed in a bona fide executive,
administrative, or professional capacity, as defined for
purposes of section 13(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 213(a)(1)).
(17) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(18) Serious health condition.--The term ``serious health
condition'' has the meaning given the term in section 101 of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
(19) Sibling.--The term ``sibling'' means a brother or
sister, whether related by half blood, whole blood, or
adoption, or as a stepsibling.
(20) Split shift.--The term ``split shift'' means a
schedule of daily hours in which the hours worked are not
consecutive, except that--
(A) a schedule in which the total time out for meals does
not exceed one hour shall not be treated as a split shift;
and
[[Page S4711]]
(B) a schedule in which the break in the employee's work
shift is requested by the employee shall not be treated as a
split shift.
(21) Spouse.--
(A) In general.--The term ``spouse'' means a person with
whom an individual entered into--
(i) a marriage as defined or recognized under State law in
the State in which the marriage was entered into; or
(ii) in the case of a marriage entered into outside of any
State, a marriage that is recognized in the place where
entered into and could have been entered into in at least 1
State.
(B) Same-sex or common law marriage.--Such term includes an
individual in a same-sex or common law marriage that meets
the requirements of subparagraph (A).
(22) State.--The term ``State'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(23) Work schedule.--The term ``work schedule'' means those
days and times within a work period when an employee is
required by an employer to perform the duties of the
employee's employment for which the employee will receive
compensation.
(24) Work schedule change.--The term ``work schedule
change'' means any modification to an employee's work
schedule, such as an addition or reduction of hours,
cancellation of a shift, or a change in the date or time of a
work shift, by an employer.
(25) Work shift.--The term ``work shift'' means the
specific hours of the workday during which an employee works.
(26) Various additional terms.--
(A) Commerce terms.--The terms ``commerce'' and ``industry
or activity affecting commerce'' have the meanings given the
terms in section 101 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611).
(B) Employ.--The term ``employ'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
SEC. 3. RIGHT TO REQUEST AND RECEIVE A FLEXIBLE, PREDICTABLE
OR STABLE WORK SCHEDULE.
(a) Right to Request.--An employee may apply to the
employee's employer to request a change in the terms and
conditions of employment as they relate to--
(1) the number of hours the employee is required to work or
be on call for work;
(2) the times when the employee is required to work or be
on call for work;
(3) the location where the employee is required to work;
(4) the amount of notification the employee receives of
work schedule assignments; and
(5) minimizing fluctuations in the number of hours the
employee is scheduled to work on a daily, weekly, or monthly
basis.
(b) Employer Obligation to Engage in an Interactive
Process.--
(1) In general.--If an employee applies to the employee's
employer to request a change in the terms and conditions of
employment as set forth in subsection (a), the employer shall
engage in a timely, good faith interactive process with the
employee that includes a discussion of potential schedule
changes that would meet the employee's needs.
(2) Result.--Such process shall result in--
(A) either granting or denying the request;
(B) in the event of a denial, considering alternatives to
the proposed change that might meet the employee's needs and
granting or denying a request for an alternative change in
the terms and conditions of employment as set forth in
subsection (a); and
(C) in the event of a denial, stating the reason for
denial.
(3) Information.--If information provided by the employee
making a request under this section requires clarification,
the employer shall explain what further information is needed
and give the employee reasonable time to produce the
information.
(c) Requests Related to Caregiving, Enrollment in Education
or Training, or a Second Job.--If an employee makes a request
for a change in the terms and conditions of employment as set
forth in subsection (a) because of a serious health condition
of the employee, due to the employee's responsibilities as a
caregiver, or due to the employee's enrollment in a career-
related educational or training program, or if a part-time
employee makes a request for such a change for a reason
related to a second job, the employer shall grant the
request, unless the employer has a bona fide business reason
for denying the request.
(d) Other Requests.--If an employee makes a request for a
change in the terms and conditions of employment as set forth
in subsection (a), for a reason other than those reasons set
forth in subsection (c), the employer may deny the request
for any reason that is not unlawful. If the employer denies
such a request, the employer shall provide the employee with
the reason for the denial, including whether any such reason
was a bona fide business reason.
SEC. 4. REQUIREMENTS FOR REPORTING TIME PAY, SPLIT SHIFT PAY,
AND ADVANCE NOTICE OF WORK SCHEDULES.
(a) Reporting Time Pay Requirement.--An employer shall pay
a retail, food service, or cleaning employee--
(1) for at least 4 hours at the employee's regular rate of
pay for each day on which the retail, food service, or
cleaning employee reports for work, as required by the
employer, but is given less than four hours of work, except
that if the retail, food service, or cleaning employee's
scheduled hours for a day are less than 4 hours, such retail,
food service, or cleaning employee shall be paid for the
employee's scheduled hours for that day if given less than
the scheduled hours of work; and
(2) for at least 1 hour at the employee's regular rate of
pay for each day the retail, food service, or cleaning
employee is given specific instructions to contact the
employee's employer, or wait to be contacted by the employer,
less than 24 hours in advance of the start of a potential
work shift to determine whether the employee must report to
work for such shift.
(b) Split Shift Pay Requirement.--An employer shall pay a
retail, food service, or cleaning employee for one additional
hour at the retail, food service, or cleaning employee's
regular rate of pay for each day during which the retail,
food service, or cleaning employee works a split shift.
(c) Advance Notice Requirement.--
(1) Initial schedule.--On or before a new retail, food
service, or cleaning employee's first day of work, the
employer shall inform the retail, food service, or cleaning
employee in writing of the employee's work schedule and the
minimum number of expected work hours the retail, food
service, or cleaning employee will be assigned to work per
month.
(2) Providing notice of new schedules.--Except as provided
in paragraph (3), if a retail, food service, or cleaning
employee's work schedule changes from the work schedule of
which the retail, food service, or cleaning employee was
informed pursuant to paragraph (1), the employer shall
provide the retail, food service, or cleaning employee with
the employee's new work schedule not less than 14 days before
the first day of the new work schedule. If the expected
minimum number of work hours that a retail, food service, or
cleaning employee will be assigned changes from the number of
which the employee was informed pursuant to paragraph (1),
the employer shall also provide notification of that change,
not less than 14 days in advance of the first day this change
will go into effect. Nothing in this subsection shall be
construed to prohibit an employer from providing greater
advance notice of a retail, food service, or cleaning
employee's work schedule than is required under this section.
(3) Work schedule changes made with less than 24 hours'
notice.--An employer may make work schedule changes as
needed, including by offering additional hours of work to
retail, food service, or cleaning employees beyond those
previously scheduled, but an employer shall be required to
provide one extra hour of pay at the retail, food service, or
cleaning employee's regular rate for each shift that is
changed with less than 24 hours' notice, except in the case
of the need to schedule the retail, food service, or cleaning
employee due to the unforeseen unavailability of a retail,
food service, or cleaning employee previously scheduled to
work that shift.
(4) Notifications in writing.--The notifications required
under paragraphs (1) and (2) shall be made to the employee in
writing. Nothing in this subsection shall be construed as
prohibiting an employer from using any additional means of
notifying a retail, food service, or cleaning employee of the
employee's work schedule.
(5) Schedule posting requirement.--Every employer employing
any retail, food service, or cleaning employee subject to
this Act shall post the schedule and keep it posted in a
conspicuous place in every establishment where such retail,
food service, or cleaning employee is employed so as to
permit the employee to observe readily a copy. Availability
of that schedule by electronic means accessible by all
retail, food service, or cleaning employees of that employer
shall be considered compliance with this subsection.
(6) Employee shift trading.--Nothing in this subsection
shall be construed to prevent an employer from allowing a
retail, food service, or cleaning employee to work in place
of another employee who has been scheduled to work a
particular shift as long as the change in schedule is
mutually agreed upon by the employees. An employer shall not
be subject to the requirements of paragraph (2) or (3) for
such voluntary shift trades.
(d) Exception.--The requirements in subsections (a), (b),
and (c) shall not apply during periods when regular
operations of the employer are suspended due to events beyond
the employer's control.
SEC. 5. PROHIBITED ACTS.
(a) Interference With Rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise or
the attempt to exercise, any right of an employee as set
forth in section 3 or of a retail, food service, or cleaning
employee as set forth in section 4.
(b) Retaliation Prohibited.--It shall be unlawful for any
employer to discharge, threaten to discharge, demote,
suspend, reduce work hours of, or take any other adverse
employment action against any employee in retaliation for
exercising the rights of an employee under this Act or
opposing any practice made unlawful by this Act. For purposes
of section 3, such retaliation shall include taking an
adverse employment action against any employee on the basis
of that employee's eligibility or perceived eligibility to
request or receive a
[[Page S4712]]
change in the terms and conditions of employment, as
described in such section, on the basis of a reason set forth
in section 3(c).
(c) Interference With Proceedings or Inquiries.--It shall
be unlawful for any person to discharge or in any other
manner discriminate against any individual because such
individual--
(1) has filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to this Act;
(2) has given or is about to give, any information in
connection with any inquiry or proceeding relating to any
right provided under this Act; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this Act.
SEC. 6. REMEDIES AND ENFORCEMENT.
(a) Investigative Authority.--
(1) In general.--To ensure compliance with this Act, or any
regulation or order issued under this Act, the Secretary
shall have, subject to paragraph (3), the investigative
authority provided under section 11(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 211(a)).
(2) Obligation to keep and preserve records.--Each employer
shall make, keep, and preserve records pertaining to
compliance with this Act in accordance with regulations
issued by the Secretary under section 8.
(3) Required submissions generally limited to an annual
basis.--The Secretary shall not under the authority of this
subsection require any employer to submit to the Secretary
any books or records more than once during any 12-month
period, unless the Secretary has reasonable cause to believe
there may exist a violation of this Act or any regulation or
order issued pursuant to this Act, or is investigating a
charge pursuant to subsection (c).
(4) Subpoena powers.--For the purposes of any investigation
provided for in this section, the Secretary shall have the
subpoena authority provided for under section 9 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 209).
(b) Civil Action by Employees.--
(1) Liability.--Any employer who violates section 5(a)
(with respect to a right set forth in section 4) or
subsection (b) or (c) of section 5 (referred to in this
section as a ``covered provision'') shall be liable to any
employee affected for--
(A) damages equal to the amount of--
(i) any wages, salary, employment benefits (as defined in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611)), or other compensation denied, lost, or owed to
such employee by reason of the violation; or
(ii) in a case in which wages, salary, employment benefits
(as so defined), or other compensation have not been denied,
lost, or owed to the employee, any actual monetary losses
sustained by the employee as a direct result of the
violation;
(B) interest on the amount described in subparagraph (A)
calculated at the prevailing rate;
(C) an additional amount as liquidated damages equal to the
sum of the amount described in subparagraph (A) and the
interest described in subparagraph (B), except that if an
employer who has violated a covered provision proves to the
satisfaction of the court that the act or omission which
violated the covered provision was in good faith and that the
employer had reasonable grounds for believing that the act or
omission was not a violation of a covered provision, such
court may, in the discretion of the court, reduce the amount
of liability to the amount and interest determined under
subparagraphs (A) and (B), respectively; and
(D) such equitable relief as may be appropriate, including
employment, reinstatement, and promotion.
(2) Right of action.--An action to recover the damages or
equitable relief set forth in paragraph (1) may be maintained
against any employer (including a public agency) in any
Federal or State court of competent jurisdiction by any one
or more employees for and on behalf of--
(A) the employees; or
(B) the employees and other employees similarly situated.
(3) Fees and costs.--The court in such an action shall, in
addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees,
and other costs of the action to be paid by the defendant.
(4) Limitations.--The right provided by paragraph (2) to
bring an action by or on behalf of any employee shall
terminate on the filing of a complaint by the Secretary in an
action under subsection (c)(3) in which a recovery is sought
of the damages described in paragraph (1)(A) owing to an
employee by an employer liable under paragraph (1) unless the
action described is dismissed without prejudice on motion of
the Secretary.
(c) Actions by the Secretary.--
(1) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations
of this Act in the same manner that the Secretary receives,
investigates, and attempts to resolve complaints of
violations of section 6 and 7 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206 and 207), and may issue an order
making determinations, and assessing a civil penalty
described in paragraph (3) (in accordance with paragraph
(3)), with respect to such an alleged violation.
(2) Administrative review.--An affected person who takes
exception to an order issued under paragraph (1) may request
review of and a decision regarding such an order by an
administrative law judge. In reviewing the order, the
administrative law judge may hold an administrative hearing
concerning the order, in accordance with the requirements of
sections 554, 556, and 557 of title 5, United States Code.
Such hearing shall be conducted expeditiously. If no affected
person requests such review within 60 days after the order is
issued under paragraph (1), the order shall be considered to
be a final order that is not subject to judicial review.
(3) Civil penalty.--An employer who willfully and
repeatedly violates--
(A) paragraph (1), (4), or (5) of section 4(c) shall be
subject to a civil penalty in an amount to be determined by
the Secretary, but not to exceed $100 per violation; and
(B) subsection (b) or (c) of section 5 shall be subject to
a civil penalty in an amount to be determined by the
Secretary, but not to exceed $1,100 per violation.
(4) Civil action.--The Secretary may bring an action in any
court of competent jurisdiction on behalf of aggrieved
employees to--
(A) restrain violations of this Act;
(B) award such equitable relief as may be appropriate,
including employment, reinstatement, and promotion; and
(C) in the case of a violation of a covered provision,
recover the damages and interest described in subparagraphs
(A) through (C) of subsection (b)(1).
(d) Limitation.--
(1) In general.--Except as provided in paragraph (2), an
action may be brought under this section not later than 2
years after the date of the last event constituting the
alleged violation for which the action is brought.
(2) Willful violation.--In the case of such action brought
for a willful violation of section 5, such action may be
brought within 3 years of the date of the last event
constituting the alleged violation for which such action is
brought.
(3) Commencement.--In determining when an action is
commenced by the Secretary under this section for the
purposes of this subsection, it shall be considered to be
commenced on the date when the complaint is filed.
(e) Other Administrative Officers.--
(1) Board.--In the case of employees described in section
2(7)(C), the authority of the Secretary under this Act shall
be exercised by the Board of Directors of the Office of
Compliance.
(2) President; merit systems protection board.--In the case
of employees described in section 2(7)(D), the authority of
the Secretary under this Act shall be exercised by the
President and the Merit Systems Protection Board.
(3) Office of personnel management.--In the case of
employees described in section 2(7)(E), the authority of the
Secretary under this Act shall be exercised by the Office of
Personnel Management.
(4) Librarian of congress.--In the case of employees of the
Library of Congress, the authority of the Secretary under
this Act shall be exercised by the Librarian of Congress.
(5) Comptroller general.--In the case of employees of the
Government Accountability Office, the authority of the
Secretary under this Act shall be exercised by the
Comptroller General of the United States.
SEC. 7. NOTICE AND POSTING.
(a) In General.--Each employer shall post and keep posted,
in conspicuous places on the premises of the employer where
notices to employees and applicants for employment are
customarily posted, a notice, to be prepared or approved by
the Secretary (or the corresponding administrative officer
specified in section 8) setting forth excerpts from, or
summaries of, the pertinent provisions of this Act and
information pertaining to the filing of a complaint under
this Act.
(b) Penalty.--Any employer that willfully violates this
section may be assessed a civil money penalty not to exceed
$100 for each separate offense.
SEC. 8. REGULATIONS.
(a) In General.--Except as provided in subsections (b)
through (f), not later than 180 days after the date of
enactment of this Act, the Secretary shall issue such
regulations as may be necessary to implement this Act.
(b) Board.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Board of Directors of the Office
of Compliance shall issue such regulations as may be
necessary to implement this Act with respect to employees
described in section 2(7)(C).
(2) Consideration.--In prescribing the regulations, the
Board shall take into consideration the enforcement and
remedies provisions concerning the Board, and applicable to
rights and protections under the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611 et seq.), under the Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
(3) Modifications.--The regulations issued under paragraph
(1) to implement this Act shall be the same as substantive
regulations issued by the Secretary to implement this Act,
except to the extent that the Board may determine, for good
cause shown and stated together with the regulations issued
by the Board, that a modification of such substantive
regulations would be more effective for the implementation of
the rights and protections under this Act.
(c) President.--
[[Page S4713]]
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the President shall issue such
regulations as may be necessary to implement this Act with
respect to employees described in section 2(7)(D).
(2) Consideration.--In prescribing the regulations, the
President shall take into consideration the enforcement and
remedies provisions concerning the President and the Merit
Systems Protection Board, and applicable to rights and
protections under the Family and Medical Leave Act of 1993,
under chapter 5 of title 3, United States Code.
(3) Modifications.--The regulations issued under paragraph
(1) to implement this Act shall be the same as substantive
regulations issued by the Secretary to implement this Act,
except to the extent that the President may determine, for
good cause shown and stated together with the regulations
issued by the President, that a modification of such
substantive regulations would be more effective for the
implementation of the rights and protections under this Act.
(d) Office of Personnel Management.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Office of Personnel Management
shall issue such regulations as may be necessary to implement
this Act with respect to employees described in section
2(7)(E).
(2) Consideration.--In prescribing the regulations, the
Office shall take into consideration the enforcement and
remedies provisions concerning the Office under subchapter V
of chapter 63 of title 5, United States Code.
(3) Modifications.--The regulations issued under paragraph
(1) to implement this Act shall be the same as substantive
regulations issued by the Secretary to implement this Act,
except to the extent that the Office may determine, for good
cause shown and stated together with the regulations issued
by the Office, that a modification of such substantive
regulations would be more effective for the implementation of
the rights and protections under this Act.
(e) Librarian of Congress.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Librarian of Congress shall issue
such regulations as may be necessary to implement this Act
with respect to employees of the Library of Congress.
(2) Consideration.--In prescribing the regulations, the
Librarian shall take into consideration the enforcement and
remedies provisions concerning the Librarian of Congress
under title I of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611 et seq.).
(3) Modifications.--The regulations issued under paragraph
(1) to implement this Act shall be the same as substantive
regulations issued by the Secretary to implement this Act,
except to the extent that the Librarian may determine, for
good cause shown and stated together with the regulations
issued by the Librarian, that a modification of such
substantive regulations would be more effective for the
implementation of the rights and protections under this Act.
(f) Comptroller General.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall issue
such regulations as may be necessary to implement this Act
with respect to employees of the Government Accountability
Office.
(2) Consideration.--In prescribing the regulations, the
Comptroller General shall take into consideration the
enforcement and remedies provisions concerning the
Comptroller General under title I of the Family and Medical
Leave Act of 1993.
(3) Modifications.--The regulations issued under paragraph
(1) to implement this Act shall be the same as substantive
regulations issued by the Secretary to implement this Act,
except to the extent that the Comptroller General may
determine, for good cause shown and stated together with the
regulations issued by the Comptroller General, that a
modification of such substantive regulations would be more
effective for the implementation of the rights and
protections under this Act.
SEC. 9. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE
PROGRAM.
(a) In General.--The Secretary shall provide information
and technical assistance to employers, labor organizations,
and the general public concerning compliance with this Act.
(b) Program.--In order to achieve the objectives of this
Act--
(1) the Secretary, acting through the Administrator of the
Wage and Hour Division of the Department of Labor, shall
issue guidance on compliance with this Act regarding
providing a flexible, predictable, or stable work environment
through changes in the terms and conditions of employment as
provided in section 3(a); and
(2) the Secretary shall carry on a continuing program of
research, education, and technical assistance, including--
(A)(i) conducting pilot programs that implement fairer work
schedules, including by promoting cross training, providing
three weeks or more advance notice of schedules, providing
employees with a minimum number of hours of work, and using
computerized scheduling software to provide more flexible,
predictable, and stable schedules for employees; and
(ii) evaluating the results of such pilot programs for
employees, employee's families, and employers;
(B) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the various communication media, and the
general public the findings of studies regarding fair work
scheduling policies and other materials for promoting
compliance with this Act;
(C) sponsoring and assisting State and community
informational and educational programs; and
(D) providing technical assistance to employers, labor
organizations, professional associations, and other
interested persons on means of achieving and maintaining
compliance with the provisions of this Act.
(c) GAO Study.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on--
(A) the impact of difficult scheduling practices on
employees and employers, including unpredictable and unstable
schedules and schedules over which employees have little
control, and particularly how these scheduling practices
impact absenteeism, workforce turnover, and employees'
ability to meet their caregiving responsibilities;
(B) the prevalence in occupations not described in section
2(16)(A) of employees routinely receiving inadequate advance
notice of the shifts or hours of the employees, being
assigned split shifts, being sent home from work prior to the
completion of their scheduled shift without being paid for
the hours in their scheduled shift, being assigned call-in
shifts (where the employee is required to contact the
employer, or wait to be contacted by the employer, less than
24 hours in advance of the potential work shift to determine
whether the employee must report to work), or being called
into work outside of scheduled hours;
(C) the effects on employees in occupations not described
in section 2(16)(A) of providing advance notice of work
schedules, reporting time pay when employees are sent home
without working their full scheduled shift or are assigned to
call-in shifts but given no work for those shifts, and split
shift pay when employees are assigned split shifts; and
(D) the effects on employers in occupations not described
in section 2(16)(A) of providing advance notice of work
schedules, reporting time pay when employees are sent home
without working their full scheduled shift or assigned to
call-in shifts but given no work for those shifts, and split
shift pay when employees are assigned split shifts.
(2) Reports.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall prepare and submit a report to the appropriate
committees of Congress concerning the initial results of the
study conducted pursuant to paragraph (1). Not later than 5
years after the date of enactment of this Act, the
Comptroller General shall prepare and submit a follow-up
report to such committees concerning the results of such
study.
SEC. 10. RIGHTS RETAINED BY EMPLOYEES.
This Act provides minimum requirements and shall not be
construed to preempt, limit, or otherwise affect the
applicability of any other law, regulation, requirement,
policy, or standard that provides for greater rights for
employees than are required in this Act.
SEC. 11. EXEMPTION.
This Act shall not apply to any employee covered by a bona
fide collective bargaining agreement if the terms of the
collective bargaining agreement include terms that govern
work scheduling practices.
SEC. 12. EFFECT ON OTHER LAW.
Nothing in this Act shall be construed as creating or
imposing any requirement in conflict with any Federal or
State law or regulation (including the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et
seq.), the National Labor Relations Act (29 U.S.C. 151 et
seq.), and title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.)), nor shall anything in this Act be
construed to diminish or impair the rights of an employee
under any valid collective bargaining agreement.
______
By Mr. BOOKER (for himself and Mrs. Fischer):
S. 2643. A bill to require a report by the Federal Communications
Commission on designated market areas; to the Committee on Commerce,
Science, and Transportation.
Mr. BOOKER. Mr. President, I rise today to introduce the Let Our
Communities Access Local TV Act, or the LOCAL TV Act.
I am pleased that I've had the opportunity to collaborate with my
friend and colleague, Senator Fischer, and I know we both look forward
to working with our fellow colleagues on the Commerce, Science and
Transportation Committee to see that this legislation is enacted.
The LOCAL TV Act directs the Federal Communications Commission to
study the impact of media market areas and to assess their impact on
the ability of individuals to receive relevant, local news and
information.
The current structure of media markets is one in which market areas
can sprawl across State lines, creating situations in which you can
live in one State, but be exclusively saddled in the media market of
another.
My state of New Jersey is particularly affected by this situation
because
[[Page S4714]]
it is one of only two States in the entire Nation that is served
exclusively by out-of-state media markets. We are served by New York
and Pennsylvania--both great places but not New Jersey.
Why does this matter? When someone in Patterson, Freehold, or Cape
May, New Jersey turns on their local broadcast station--they are lucky
when they find stories about their community's latest news, schools,
and our local governments. This kind of New Jersey news, unfortunately,
takes a back seat to that of neighboring Philadelphia and New York.
These pre-determined media markets often stifle our ability to hear
about what's happening back home. We hear more about Philadelphia and
New York City than we do about Morristown, Montclair, Camden and Jersey
City.
To be sure, broadcast TV plays an important role in communities. It
is particularly essential during emergencies and extreme weather
events--for instance during Hurricane Sandy in 2012. Even while
technology continues to grow and change the way we receive information,
still 74 percent of adults get their news from their local broadcast
stations, or from their broadcasters' websites.
Because of the existing digital divide, the number of people who rely
on broadcast television is even higher when we look at low income
communities. We owe them quality coverage of the local news and
information they care about.
It is my hope that with further study and recommendations from the
Federal Communications Commission we can continue the dialogue on how
stations can best serve local communities, especially those who find
themselves in media markets that cross state lines. I urge my
colleagues to support the LOCAL TV ACT so that we can obtain more data
and information on these markets.
____________________