Fairness for Family Leave

November 15, 2019

Strong marriages and families are the bedrock of our society. But to form that foundation, they need the time and flexibility, especially during critical times – like the birth of a new baby, the unexpected illness of a family member, or the aging of a parent.

The Family and Medical Leave Act (FMLA) was established to provide for these very needs. Signed into law by President Clinton in 1993, it provides unpaid, job-protected leave for specific family and medical reasons.

Unfortunately, the FMLA restricts the amount of leave that married couples who work for the same employer can take. Under current law, these couples are limited to taking a total of 12 weeks of combined leave to care for a new baby or sick family member.

In other words, the FMLA is currently penalizing married couples – unfairly punishing them if they happen to work for the same employer.

The federal government should not be in the business of punishing marriage.

That’s why this week, I joined with Sens. Joni Ernst (R-IA), Krysten Sinema (D-AZ), and Tina Smith (D-MN) to introduce the Fair Access for Individuals to Receive Leave Act, or FAIR Leave Act.

This bill would fix this glitch in the law and restore equal benefits to married couples, regardless of their employer. It would enable eligible spouses to instead take 12 weeks of unpaid leave each, or 24 weeks total, in a 12-month period for the birth of a new child; the placement and adoption of a child; and the care of a parent with a serious health condition.

And not only that, but the bill would boost our military families as well. The FAIR Leave Act would allow eligible spouses to each take 26 weeks of leave to care for a covered servicemember – a spouse, parent, son, daughter, or specified blood relative – with a grave injury or illness.

It’s far past time that we modernize the Family and Medical Leave Act to make sure it addresses the needs of today’s families during the times they need it most. This bill would make sure that the law does so in a comprehensive, fair, and effective manner. American parents and families deserve no less.

Preventing Another Pension Bailout

November 8, 2019

As more and more print newspapers are struggling to stay afloat in today’s predominantly digital media world, they are trying to come up with creative ways to cut costs.

And some of them have found a potential lifeline in their workers’ pensions.

In the name of “saving” a small group of community newspapers, a provision of a bill called the SECURE Act allows these newspapers to reduce their contributions to their workers’ pension plans while still promising the same benefits.

The problem? You can’t reduce compensation costs without reducing actual compensation. In the end, this measure hurts the very workers it purports to help.

Under current law, if a pension plan is failing to meet its funding target, the plan sponsor must eliminate the funding shortfall through additional plan contributions and associated interest at a discounted rate over 7 years.

The SECURE Act, however, changes that time period to 30 years and allows plans to use a higher discount rate for contributions.

As a result, it would decrease the amount that these newspapers are required to contribute each month; and, because of the longer payback window, would also make it less likely that they would ever make up the shortfall.

In other words, it grants a special-interest bailout to these newspapers by allowing them to raid their workers’ pensions.

This is both bad policy and bad precedent.

It’s true that this strategy might help prolong the life of these community newspapers in the short term. But it would do so at the expense of their employees, the government’s Pension Benefit Guarantee Corporation (PBGC), and all the other private pension plans that are not afforded this special treatment.

Because when the pension plans of these select newspapers inevitably become insolvent, they will most likely end up in the PBGC – a federally chartered organization that provides pension insurance through premiums paid by private companies, half of which are small companies with fewer than 25 pension participants. So, in the long run, all the companies required to pay into the PBGC – but which do not receive a special bailout from Congress – will be forced to bear the brunt of the cost.

This is neither helpful nor fair.

That is why I am offering an amendment that strikes this provision from the bill.

We should not be providing special treatment to a select group of community newspapers at the expense of others.

And we should not be setting a precedent that struggling companies can offload their costs onto their workers and other companies by shortchanging pensions, failing to pay them back, and getting bailouts from Congress.

We can find better ways to help keep struggling newspapers alive without raiding hardworking Americans’ retirement money. This amendment would ensure just that.

Bringing Fairness to Labor Law

November 1, 2019

Our jobs are an incredibly important part of our lives. They allow us to provide for ourselves and our families, to contribute to society at large, and are crucial to our dignity as human beings. So it’s a huge problem when we experience injustice in the workplace – whether through unfair labor practices, contract disputes, or collective bargaining issues in unions.

The National Labor Relations Board (NLRB), an independent federal agency, was established in the 1930s with the intention of speedily resolving these kinds of problems in the workplace. Consisting of a general counsel and five political appointees, the NLRB has the power to investigate, prosecute, and rule on labor cases.

But unfortunately, the NLRB has consistently abused these court-like powers over the years – proving to be unfair, inconsistent, and ineffective in carrying out its intended goal.

First, the structure of the NLRB is poorly suited to ensure due process for either employers or employees. It in effect operates as a sham court, failing to follow normal procedural standards – like rules of evidence – that protect the involved parties in the court system. And because its membership is politically appointed, it tends to cave to political pressures and considerations.

On top of that, the frequent turnover of the NLRB membership means that its decisions and rules are constantly changing – issuing partisan, controversial, and disruptive opinions.

For example, in 2015 the NLRB upended more than 30 years of settled law in determining how franchises, franchisees and employers interact in the Browning-Ferris Industries decision. The NLRB then overruled this standard in another case in 2017, but in February of 2018 reversed those standards again and re-established the Browning-Ferris decision.

This unpredictable and capricious process damages the economy and stalls employers from making decisions that would otherwise to lead to job growth.

And finally, the NLRB fails to quickly and effectively resolve complaints, operating under a bureaucratic labyrinth of rules.

That’s why this week, I introduced the Protecting American Jobs Act – a bill that would strip the NLRB of its power to hear and adjudicate labor disputes, and would return this power back to federal courts. Under the bill, the NLRB would retain the power to conduct investigations but would not be allowed to adjudicate them.

There is no need for a politically charged federal agency to have the power to act as judge, jury, and executioner for labor disputes in our country.

By returning these powers to the courts, where they rightfully belong under the system established by the Constitution, we can finally restore fairness and accountability to our labor laws, and effectively ensure justice in the workplace.

Protecting PILT

October 25, 2019

Many Americans might be surprised to find out that most of the land west of the Rocky Mountains is owned by the federal government. In fact, if they were to look at a map highlighting this land, they would see that more than 50% of it is owned by the federal government. In Utah, the percentage is even higher: the federal government owns more than two thirds of the land.

For our state, and for other states in the West, this presents some unique – and very substantial – challenges. Chief among them is the fact that the federal government has deprived states, counties, and local jurisdictions from the ability to collect property taxes on this land. And unlike other property owners, the federal government itself does not pay property taxes on the land that it owns in these states.

The result?

Many areas with high concentrations of federal land are impoverished. Without a property tax base, these communities are deprived of money vital for funding local schools, building roads and public infrastructure, and paying for firefighters, police, and search and rescue services.

That’s where the Payment in Lieu of Taxes program comes in, or PILT. The federal government created this program to offset some of the disproportionate burden placed on the shoulders of public lands states and communities by providing funding to help compensate for the loss of property tax revenue.

So each year, the Department of Interior calculates each county’s annual payment by taking into account its population, the amount of federal land it has, and receipts it has from other revenue-sharing programs. Since its inception in 1977, PILT has distributed more than $8.5 billion to 1,900 local governments across the country.

The problem, however, is that PILT funding has historically been woefully inadequate. PILT payments have unfortunately tended to be a small fraction of what state and local governments could generate through property taxes if they owned the land within their borders.

This yet again unfairly affects rural, vulnerable communities who are struggling to fund their schools, infrastructure, and community services.

That’s why, as I continue to represent the state of Utah in the Senate, I will keep working to ensure that the PILT program remains in existence; and to increase its payments so that it reflects at least a rough equivalent to the amount of money that the taxing jurisdiction could would collect at its lowest rate.

It’s only right that we ensure that the citizens of Utah, and our public lands states generally, have the means they need to both survive and thrive.

Removing Troops from Syria

October 18, 2019

In August 2013, one year after he said Syria would be crossing a “red line” if they used chemical weapons in their civil war, President Obama formally asked Congress for an Authorization for the Use of Military Force against the Assad regime.

Despite testimony from Secretary of State John Kerry promising that there would ne no United States troops on the ground in Syria, Congress decided not to vote for any authorization of for the use of force against Syria.

But then, starting in late-2014, that is exactly what happened: U.S. troops began moving into Syria. Today there are approximately 1,000 troops in the country.

Under our system of government, the U.S. Constitution placed the power to declare war – or otherwise authorized use of military force – in Congress. And this was no accident on the part of the Founders: they placed this important power in the legislative branch because it is the branch of the federal government most accountable to the people through frequent elections.

This was a significant break from our previous system of government under British rule. Under the British model, the king, as chief executive, had the power to unilaterally declare and take the country to war; and the Parliament’s role was simply to follow orders and figure out how to fund it. This was specifically not supposed to be the case in the American Republic.

Yet unfortunately, for decades we’ve had a Congress – consisting of Republicans, Democrats, senators, and representatives – who have allowed the legislative muscle to atrophy. Again and again they have declined to exercise the power to declare war, instead deferring blindly to whatever President is in office, saying “let the President decide what we do there.” We have, through our own inaction, essentially relinquished this grave responsibility.

Why does this matter? It matters because in doing so, we have deprived the American people from having any say in the matter. And when we send their brave sons and daughters into harm’s way, we owe it to them to have an open, public, and robust discussion in which we make a deal with them and outline the terms of our engagement.

We did not do that – and we do not have that – in Syria.

And some are rightfully upset about that. But if they truly think we should be engaging in war in Syria, then they have the ability – and the constitutional duty – to bring up a proposal and debate it in Congress.

President Trump’s decision to withdrawal troops from northern Syria was completely lawful. There is no question that it’s a horrible situation. And there’s no question that there are people running both Syria and Turkey who are not our friends and who have shown significant hostility towards us. It is precisely because of that – and not in spite of it – that we should not be there.

Making Infrastructure Affordable Again

September 27, 2019

Construction is one of the most important industries in our economy. It provides much of the infrastructure needed in our daily lives, and it’s a huge source of jobs in our country for both high and low-skilled workers.

Unfortunately, there’s an 80-year old wage subsidy law on the books that is artificially inflating costs of federally funded construction projects on our nation’s infrastructure – costing taxpayers billions of dollars and unfairly discriminating against low-skilled workers.

The Davis-Bacon Act, (DBA) passed by Congress in 1931, requires that federally-funded construction projects worth more than $2,000 pay workers at least the “prevailing wage” rate on non-federal projects in the same locality. In the midst of the Great Depression, the act was intended to prevent the purchasing power of the federal government from driving down construction wages.

However, the “prevailing wage” is determined not by market forces operating in reality, but by federal bureaucrats operating in Washington, D.C. An agency called the Wage and Hour Division (WHD) surveys construction wages and publishes prevailing wage determinations for each county in the United States, which federal contractors are then obliged to pay each class of worker.

But the WHD is an enforcement agency that has no expertise in accurately calculating wage rates, and which uses faulty and unscientific methods for its surveys. In fact, the WHD prevailing wage rates are usually inflated union wages based on self-selected survey samples that reflect only a small number of worker responses.

The result? In most cities, DBA wages are wildly out of touch with the prevailing market rates. In some cities, DBA rates are more than double market wages. In others, DBA rates are the minimum wage. On average, federal contractors are charged a 22 percent premium on their labor costs above what private companies pay for the same project.

This has wasted far too many taxpayer dollars.

One study found that Davis-Bacon requirements cost U.S. taxpayers an additional $8.6 billion annually and increase the costs of federally funded construction projects by 9.9 percent. It’s estimated that in just 2010, repealing Davis-Bacon would have saved taxpayers $10.9 billion and could have employed another 155,000 more construction workers.

And since DBA requires that they be paid at the same rate as skilled workers, it has also disincentivized federal contractors from hiring and training low-skilled and non-unionized workers. It prevents them from getting a fair shot a job, and instead funnels money to prop up big labor unions that can keep up with DBA wage rates.

It’s about time that we lift these outdated, unfair, and costly requirements off the books, which is why I will soon be introducing a bill to repeal the Davis-Bacon Act.

By doing so, we will save taxpayer money, allow construction money to go farther for our infrastructure projects, and create more jobs that will be open to workers of all skill levels.

Keeping the Internet Safe for Families and Small Business

September 20, 2019

The internet has brought about remarkable opportunities in our modern world. It allows us to keep in touch with family and friends thousands of miles away, order goods and services with the click of a button, and access all sorts of information. And it’s an incredible tool for a robust exchange of ideas. But unfortunately, the internet – and social media platforms in particular – can also be used to spread extremism, violence, hate speech, and pornography.

There is currently a robust debate on the role that government should have in regulating these platforms. How much should the government be stepping in to prevent the spread of harmful content? How can we still allow for free speech and a free exchange of ideas? What is the proper balance?

Thankfully, that’s where Section 230 of the Communications Decency Act comes in.

Section 230 is one of the most important pieces of internet law because it protects websites from being held liable for content that is generated by the website’s users. In other words, without this legal protection, it would be difficult for companies like Facebook, Twitter, or YouTube to allow for third-party content to be posted without being held legally responsible for it.

But it also includes a so-called the “Good Samaritan” provision, which means that companies can also not be held liable for taking down objectionable content that is considered obscene, lascivious, or excessively violent, for example – whether it is constitutionally protected or not. This is what makes it possible for all of us to visit YouTube, Facebook, and Twitter without being inundated with obscene content.

During this week’s Commerce committee hearing exploring these issues, I heard from company executives from Facebook, Twitter, and Google on just how beneficial Section 230 and the Good Samaritan provision are for providing a fundamental legal framework in this debate.

Because it’s not just Congress that wants to prevent objectionable and hateful content on online platforms. Tech companies themselves have incentives to provide safe and positive experiences for their users. Section 230 is critical for providing security and safety on their websites, because it allows them to directly and swiftly remove objectionable content from their platforms themselves.

Not only that, but it’s been an important part of maintaining a competitive ecosystem as well. In empowering these companies to take a proactive role in these efforts, Section 230 has also been a huge part of the reason that America has been a leader in innovation and technological development in this sector. It’s been particularly beneficial in the way that it has empowered small companies and tech-startups.

While Section 230 has come under much criticism lately, it would present big problems if it removed from the law. In fact, removing Section 230 would pose a big problem for these smaller companies. While large and established companies would have the technological tools to navigate changes to the law – and an army of lawyers at their disposal – it would be much more difficult for start-ups to get around such a significant change to the legal framework of the internet.

As the debate on government regulation of the internet continues, we ought to protect measures like Section 230 and the Good Samaritan provision that strike the right balance in protecting both our security and our free speech.

Family Affordability

September 13, 2019

The American economy is thriving. The current economic expansion is the longest in U.S. history. Our unemployment rate has remained below 4 percent for the past 18 months. In recent years, we’ve seen consistently solid GDP growth and job creation.

Yet, for many parents across this country, raising a family is harder and more expensive than ever. The New York Times recently surveyed adults 20 to 45 who were parents or planned to be. One in four had fewer children—or expected to have fewer children—than they considered ideal. Economic concerns were foremost among the reasons that they fell short or believed they would.

It shouldn’t be this hard to raise a family.

There must be some things that the federal government can do, or at least do differently, to make it easier for Americans to raise their families. The Joint Economic Committee held a hearing to explore possible reforms this week in Washington, D.C.

Ryan Bourne of the Cato Institute testified that many existing regulations unnecessarily drive up the costs of essential goods and services that families depend on. Restrictive zoning laws have been shown to raise the cost of housing, staffing regulations drive up the costs of child-care, and subsidy programs drive up the price of staples like milk, sugar, and corn.

Mr. Bourne estimated that these regulations cost the typical low-income family anywhere between $830 and $3,500 per year.

Lyman Stone of the American Enterprise Institute went even further, noting that the federal government’s tax and welfare systems penalize married working-class families while benefiting wealthier ones. “The eligibility rules for welfare programs generally do not double the eligibility threshold for married couples, nor do they generally double the benefit size. In effect, the Federal government has put its thumb on the scales against working class marriage,” Stone said.

Stone then detailed the effects federal policies would have on a fictional working-class couple with three children making $24,000 and $20,000 who wanted to get married. Thanks to Earned Income Tax Credit benefit phase outs, Affordable Care Act premium phase outs, Medicaid eligibility rules, and other welfare policies, getting married would cost this couple $10,500 every single year!

No wonder working-class families are finding it so hard to get and stay married!

If the federal government’s tax and welfare policies continue to punish working-families who want to be married, we should not be surprised if American women continue to have fewer children than they want and more of those children are born out of wedlock.

We can and must do better. In the coming months the JEC will continue to investigate this issue and identify specific ways we can reform federal policy so that our government can being playing a positive role in the maintenance of the American family.

Holding Russia Accountable

August 2, 2019

At 5:00 AM ET on August 2, 2019, United States Secretary of State Mike Pompeo, from the ASEAN conference in Bangkok, Thailand, officially announced that the United States had withdrawn from the Intermediate-Range Nuclear Forces (INF) Treaty.

This was the right decision and it was a long time coming.

Signed in 1987 between the United States and the Soviet Union, the INF prohibits both countries from producing, possessing, or launching ground-launched ballistic or cruise missiles with a range between 500-5,500 kilometers.

Since approximately 2014, Russia has repeatedly violated the INF Treaty’s prohibitions and limitations, specifically by creating, testing, producing, and deploying the SSC-8 ground-launched cruise missile.

For three years the Obama Administration led diplomatic talks with Russia, raising the issue of non-compliance, yet the Russians repeatedly denied any breach of the agreement and President Obama did nothing about it.

President Trump gave the Russian government time to bring themselves back into compliance, but after more than a year of no progress, President Trump announced on October 20, 2018 that the United States would begin the process of formally withdrawing from the treaty. On February 2, 2019, pursuant to Article XV of the treaty, the Trump administration formally notified Russia of their intent to leave the treaty, setting up August 2, 2019 as the first day the United States could legally exit the treaty’s obligations. That is what Sec. Pompeo announced today.

For arms control to work, all parties must be committed, lawful participants. The United States must set the precedent that when the rule of law is violated, tangible consequences follow. Russian non-compliance had prevailed without consequence for far too long and It was far past time for the United States to make clear that there are tangible consequences when the rule of law is violated.

Fixing Pollution Before It’s a Problem

June 28, 2019

In 1970, Congress passed the Clean Air Act Extension, directing the newly formed Environmental Protection Agency to develop national standards for six airborne pollutants, including carbon monoxide, fine particulate matter, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide.

Under these National Ambient Air Quality Standards (NAAQS), the EPA monitors levels for each of the six pollutants named above, usually on a county-by-county basis, although the EPA can also combine counties into larger areas. The EPA must use “the latest scientific knowledge” to set the standards so that the public welfare, economic value, and personal comfort are protected.

When pollution in a monitored area exceeds the NAAQS, the governor of the state must submit a state implementation plan (SIP) to the EPA for the “non-attainment” area. The area in question then has a set time to lower the pollutant or face penalties.

In 2002, the EPA initiated the Early Action Compact (EAC) Program to give communities at risk of violating the EPA’s ozone NAAQS the option of entering into a cooperative early action agreement with the EPA before they actually violated the NAAQS. And this program had success: 13 out of the 14 areas that voluntarily opted into this program were successful in improving air quality and avoiding a “non-attainment” designation entirely.

Unfortunately, the EPA scrapped the EAC Program in 2017 due to ligation, which argued that the program was outside the EPA’s authority under the Clean Air Act. This was a major loss for local communities and the environment.

That is why Sen. Romney (R-UT) and I introduced the Early Action Against Ozone Act this week. Our bill would give clear authorization to the EPA to implement a similar program to the EAC so that localities throughout the country can have the option of taking early action to improve air quality.

Local governments that want to work with the EPA to lower pollution shouldn’t have to wait till pollution is already a problem in their communities before they are credited for reducing emissions. The Early Action Against Ozone Act would empower local communities to work with the EPA before ozone levels reach unhealthy levels in their communities.