[House Report 107-797]
[From the U.S. Government Publishing Office]
Union Calendar No. 498
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-797
======================================================================
REPORT ON THE ACTIVITIES
of the
COMMITTEE ON EDUCATION AND
THE WORKFORCE
during the
107th Congress
January 2, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
COMMITTEE ON EDUCATION AND THE WORKFORCE
One Hundred Seventh Congress
------
JOHN A. BOEHNER, Ohio, Chairman
THOMAS E. PETRI, Wisconsin GEORGE MILLER, California
MARGE ROUKEMA, New Jersey DALE E. KILDEE, Michigan
CASS BALLENGER, North Carolina MAJOR R. OWENS, New York
PETER HOEKSTRA, Michigan DONALD M. PAYNE, New Jersey
HOWARD P. ``BUCK'' McKEON, PATSY T. MINK, Hawaii \6\
California ROBERT E. ANDREWS, New Jersey
MICHAEL N. CASTLE, Delaware TIM ROEMER, Indiana
SAM JOHNSON, Texas ROBERT C. ``BOBBY'' SCOTT,
JAMES C. GREENWOOD, Pennsylvania Virginia
LINDSEY O. GRAHAM, South Carolina LYNN C. WOOLSEY, California
MARK E. SOUDER, Indiana LYNN N. RIVERS, Michigan
CHARLIE NORWOOD, Georgia CHAKA FATTAH, Pennsylvania \1\
BOB SCHAFFER, Colorado RUBEN HINOJOSA, Texas
FRED UPTON, Michigan CAROLYN McCARTHY, New York
VAN HILLEARY, Tennessee JOHN F. TIERNEY, Massachusetts
VERNON J. EHLERS, Michigan RON KIND, Wisconsin
THOMAS G. TANCREDO, Colorado LORETTA SANCHEZ, California
ERNIE FLETCHER, Kentucky \4\ HAROLD E. FORD, Jr., Tennessee
JIM DeMINT, South Carolina DENNIS J. KUCINICH, Ohio
JOHNNY ISAKSON, Georgia DAVID WU, Oregon
BOB GOODLATTE, Virginia \3\ RUSH D. HOLT, New Jersey
JUDY BIGGERT, Illinois HILDA L. SOLIS, California \2\
TODD RUSSELL PLATTS, Pennsylvania SUSAN DAVIS, California \2\
PATRICK J. TIBERI, Ohio BETTY McCOLLUM, Minnesota \2\
RIC KELLER, Florida
TOM OSBORNE, Nebraska
JOHN ABNEY CULBERSON, Texas
JOE WILSON, South Carolina \5\
----------
\1\ Resigned February 8, 2001.
\2\ Elected and seniority changes pursuant to H. Res. 33.
\3\ Appointed March 7, 2001.
\4\ Resigned March 20, 2002.
\5\ Appointed April 18, 2002.
\6\ Died September 28, 2002.
?
STANDING SUBCOMMITTEES
_________________________________________________________________
Subcommittee on Employer-Employee Relations
SAM JOHNSON, Texas, Chairman ROBERT E. ANDREWS, New Jersey
JIM DeMINT, South Carolina DONALD M. PAYNE, New Jersey
ERNIE FLETCHER, Kentucky \4\ DALE E. KILDEE, Michigan
JOHN A. BOEHNER, Ohio LYNN N. RIVERS, Michigan
MARGE ROUKEMA, New Jersey CAROLYN McCARTHY, New York
CASS BALLENGER, North Carolina JOHN F. TIERNEY, Massachusetts
PETER HOEKSTRA, Michigan HAROLD E. FORD, Jr., Tennessee
HOWARD P. ``BUCK'' McKEON, GEORGE MILLER, California, ex
California officio
THOMAS G. TANCREDO, Colorado
PATRICK J. TIBERI, Ohio
JOE WILSON, South Carolina \5\
JOHN A. BOEHNER, Ohio, ex officio
_________________________________________________________________
Subcommittee on Workforce Protections
CHARLIE NORWOOD, Georgia, Chairman MAJOR R. OWENS, New York
JUDY BIGGERT, Illinois DENNIS J. KUCINICH, Ohio
CASS BALLENGER, North Carolina PATSY T. MINK, Hawaii \6\
LINDSEY O. GRAHAM, South Carolina LYNN C. WOOLSEY, California
JOHNNY ISAKSON, Georgia LORETTA SANCHEZ, California
BOB GOODLATTE, Virginia \3\ HILDA L. SOLIS, California \2\
RIC KELLER, Florida GEORGE MILLER, California, ex
JOHN ABNEY CULBERSON, Texas officio
JOHN A. BOEHNER, Ohio, ex officio
_________________________________________________________________
Subcommittee on Education Reform
MICHAEL N. CASTLE, Delaware, DALE E. KILDEE, Michigan
Chairman ROBERT C. ``BOBBY'' SCOTT,
BOB SCHAFFER, Colorado Virginia
THOMAS E. PETRI, Wisconsin LYNN C. WOOLSEY, California
MARGE ROUKEMA, New Jersey RUBEN HINOJOSA, Texas
JAMES C. GREENWOOD, Pennsylvania CAROLYN McCARTHY, New York
MARK E. SOUDER, Indiana LORETTA SANCHEZ, California
FRED UPTON, Michigan HAROLD E. FORD, Jr., Tennessee
VAN HILLEARY, Tennessee HILDA L. SOLIS, California \2\
THOMAS G. TANCREDO, Colorado SUSAN DAVIS, California \2\
ERNIE FLETCHER, Kentucky \4\ MAJOR R. OWENS, New York
JIM DeMINT, South Carolina DONALD M. PAYNE, New Jersey
JUDY BIGGERT, Illinois TIM ROEMER, Indiana
TODD RUSSELL PLATTS, Pennsylvania RON KIND, Wisconsin
RIC KELLER, Florida DENNIS J. KUCINICH, Ohio
TOM OSBORNE, Nebraska GEORGE MILLER, California, ex
JOHN ABNEY CULBERSON, Texas officio
JOE WILSON, South Carolina \5\
JOHN A. BOEHNER, Ohio, ex officio
(III)
?
IV
Subcommittee on Select Education
PETE HOEKSTRA, Michigan, Chairman TIM ROEMER, Indiana
PATRICK J. TIBERI, Ohio ROBERT C. ``BOBBY'' SCOTT,
THOMAS E. PETRI, Wisconsin Virginia
JAMES C. GREENWOOD, Pennsylvania RUSH D. HOLT, New Jersy
CHARLIE NORWOOD, Georgia SUSAN DAVIS, California
BOB SCHAFFER, Colorado BETTY McCOLLUM, Minnesota \2\
VAN HILLEARY, Tennessee LORETTA SANCHEZ, California
TODD RUSSELL PLATTS, Pennsylvania GEORGE MILLER, California, ex
JOHN A. BOEHNER, Ohio, ex officio officio
_________________________________________________________________
Subcommittee on 21st Century Competitiveness
JOHNNY ISAKSON, Georgia PATSY T. MINK, Hawaii \6\
JOHN A. BOEHNER, Ohio JOHN F. TIERNEY, Massachusetts
MICHAEL N. CASTLE, Delaware RON KIND, Wisconsin
SAM JOHNSON, Texas RUSH D. HOLT, New Jersey
LINDSEY O. GRAHAM, South Carolina DAVID WU, Oregon
MARK E. SOUDER, Indiana LYNN N. RIVERS, Michigan
FRED UPTON, Michigan BETTY McCOLLUM, Minnesota
VERNON J. EHLERS, Michigan ROBERT E. ANDREWS, New Jersey
BOB GOODLATTE, Virginia \3\ RUBEN HINOJOSA, Texas
TOM OSBORNE, Nebraska GEORGE MILLER, California, ex
JOHN A. BOEHNER, Ohio, ex officio officio
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on Education
and the Workforce,
Washington, DC, January 2, 2003.
Hon. Jeff Trandahl,
Clerk of the House of Representatives,
Washington, DC.
Dear Mr. Trandahl: Pursuant to Rule XI, clause 1, paragraph
(d) of the Rules of the U.S. House of Representatives, I am
hereby transmitting the Activities Report of the Committee on
Education and the Workforce for the 107th Congress. I
circulated this report to all members of the Committee on
December 13, 2002 and received no views before transmitting
this report to the House today.
This report summarizes the activities of the Committee and
its subcommittees with respect to its legislative and oversight
responsibilities.
Sincerely,
John A. Boehner, Chairman.
FOREWORD BY CHAIRMAN JOHN BOEHNER
December 1, 2002.
When I assumed the chairmanship of the Committee on
Education and the Workforce in January 2001, I noted that with
a new president and a new atmosphere in Washington, we had a
chance to enact positive reforms to improve opportunities for
Americans at every stage of life. I pledged that as chairman,
my goal would be to ensure we made the most of that
opportunity.
I believe we were successful in meeting that goal. Over the
past 22 months, the Committee on Education and the Workforce
has been the scene of dramatic, and frequently bipartisan,
action to secure America's future. Republicans and Democrats
worked side-by-side to enact historic reforms in elementary and
secondary education for disadvantaged students and schools;
give communities more freedom and resources to reduce youth
crime and delinquency, ending a six-year deadlock; improve the
quality of education research for teachers, parents, and
students; pass new protections for abused children and victims
of family violence; and provide emergency grants to help
displaced workers maintain health coverage, childcare
assistance, and job training following the September 11, 2001
attacks.
What made these achievements possible, in part, was a
renewed commitment by members on both sides of the aisle to
producing results--even when it meant sharing the credit.
During the 107th Congress, interaction between Democrats and
Republicans on the committee was marked by respect and honesty,
rather than suspicion and animosity. Heeding the President's
call for a new tone in American politics, we searched for--and
frequently found--common ground. The result, I believe, has
been the enactment of reforms that will serve the American
people well.
I'm grateful to our committee's ranking Democrat member,
Representative George Miller of California, for his partnership
and leadership. And I'm grateful to every member of our
committee, Republican and Democrat alike, for helping to bring
the Education and the Workforce committee successfully into a
new era. The real winners have been the American people.
Sincerely,
John Boehner, Chairman.
C O N T E N T S
----------
Page
Introduction..................................................... XIII
Full Committee................................................... 1
I. Summary of Activities.............................................1
A. Accomplishments: Education Policy......................... 2
A New Vision for Education............................... 2
HIGHLIGHTS: Education Accomplishments, January 2001-
October 2002........................................... 3
1. President Bush's No Child Left Behind Education
Reforms (H.R. 1)................................. 3
Quick highlights of the No Child Left Behind Act. 7
How No Child Left Behind makes a difference...... 8
Accountability for results under the No Child
Left Behind Act................................ 8
New options for children in underachieving
schools under the No Child Left Behind Act..... 9
Improving teacher quality and supporting
teachers. The No Child Left Behind Act......... 9
Local control and flexibility. The No Child Left
Behind Act..................................... 10
Transforming bilingual education programs. The No
Child Left Behind Act.......................... 10
Reading instruction. The No Child Left Behind Act 10
Protecting home schools and private schools. The
No Child Left Behind Act....................... 11
Other highlights. The No Child Left Behind Act... 11
2. Education Funding--Tied to Education Reform...... 14
3. Fixing and Funding Special Education............. 17
4. ``Great IDEAs'' Website.......................... 18
5. Improving Education Research..................... 18
6. Coverdell Education Savings Accounts............. 19
7. Tax Relief for Teacher Classroom Expenses........ 19
8. Preparing Tomorrow's Teachers.................... 19
9. Lowest Student Loan Interest Rate in History..... 20
10. Helping Poor Schools Attract High-Quality
Teachers......................................... 20
11. Record Support for Pell Grants in Higher
Education........................................ 21
12. Student Loan Relief for U.S. Military Reservists. 21
13. Ensuring School Lunch Eligibility for Military
Children......................................... 21
14. Support for America's Minority-Serving
Institutions..................................... 22
15. Reducing Red Tape for College Students and
Colleges......................................... 22
16. Ending Waste, Fraud and Abuse at the Education
Department....................................... 23
17. Expanding Internet Learning Opportunities in
Higher Education................................. 23
18. More Freedom and Resources for Communities to
Fight Juvenile Crime............................. 23
19. Protections for Abused Children and Victims of
Family Violence.................................. 24
20. Exploring Solutions to Rising College Costs...... 24
21. Overhauling AmeriCorps and Other Federal National
and Community Service Programs................... 25
22. Building on the Success of the 1996 Welfare
Reform Law....................................... 26
23. Supporting America's Libraries and Museums....... 26
24. Honoring the Contributions of the Late Rep. Patsy
T. Mink.......................................... 26
25. Honoring Catholic Schools........................ 27
26. Honoring Charter Schools......................... 27
27. Higher Education Act (HEA) Reauthorization
Website.......................................... 27
28. Spanish Language Website for No Child Left Behind 28
B. Accomplishments: Workforce Policy......................... 28
Highlights: Workforce Accomplishments, January 2001-
October 2002......................................... 28
1. Enhancing Pension Security for American Workers.. 28
2. Giving Workers Access to Retirement Savings
Investment Advice................................ 29
3. Building on the Success of the 1996 Welfare
Reform Law....................................... 29
4. Norwood-Fletcher Patients' Bill of Rights........ 30
5. Addressing the Rising Costs of Health Care and
the Uninsured.................................... 30
6. Repeal of Flawed Ergonomics Regulations.......... 31
7. Emergency Relief for Displaced U.S. Workers...... 31
8. Holding Union Leaders Accountable to Rank-and-
File Members..................................... 31
9. Assessing the Economic Impact of the Western Port
Labor Dispute.................................... 32
10. Protecting the Beck Rights of Union Members...... 32
11. Opposing Efforts to Cut Pension Protection
Enforcement Funding.............................. 32
12. Examining the Federal Mental Health Parity Law... 33
13. Safeguarding the Future of Retiree Health
Benefits......................................... 33
14. Examining Federal and State Genetic Non-
Discrimination Laws.............................. 33
15. Exploring Remedies to America's National Nursing
Shortage......................................... 33
16. Bipartisan Portman-Cardin Pension Reforms........ 34
17. Helping Parents Balance Demands of Family and
Work............................................. 34
18. Improving the Benefits Process for Black Lung
Victims.......................................... 34
19. Modernizing Federal Law for 21st Century
Employees........................................ 34
20. Helping Workers Get Extra Pay for Extra Effort... 35
21. Subcommittee Examines OSHA Rulemaking and
Exposure Limits.................................. 35
C. Archiving and Live Web Streaming of All Committee Hearings 35
D. Oversight Plan and Activities During the 107th Congress... 35
II. Hearings Held by the Committee...................................37
107th Congress, First Session............................ 37
107th Congress, Second Session........................... 38
III.Markups Held by the Committee....................................38
107th Congress, First Session............................ 38
107th Congress, Second Session........................... 38
IV. Legislative Activities...........................................39
A. Legislation Enacted Into Law.............................. 39
(Bills Referred To Committee)............................ 39
B. Legislation Enacted Into Law.............................. 42
(Bills Not Referred To Committee)........................ 42
C. Legislation Passed the House.............................. 44
(Bills Referred To Committee)............................ 44
D. Legislation Passed The House In Another Measure........... 49
E. Bills Not Referred To Committee That Passed The House..... 52
Containing Provisions Under The Committee's Jurisdiction. 52
F. Legislation With Filed Reports............................ 54
107th Congress, First Session............................ 54
107th Congress, Second Session........................... 54
Conference Reports....................................... 55
G. Legislation Ordered Reported From Full Committee.......... 55
107th Congress, First Session............................ 55
107th Congress, Second Session........................... 55
H. Resolutions Passed the House.............................. 55
I. Conferences with Education and Workforce Members Appointed
as Conferees............................................. 58
V. Committee on Education and the Workforce Statistics..............58
Subcommittee on Employer-Employee Relations...................... 58
I. Summary of Activities............................................58
Enhancing Pension Security for American Workers.......... 61
Giving Workers Access to Retirement Savings Investment
Advice............................................... 63
Enacting Portman-Cardin Retirement Security Reforms...... 65
Opposing Efforts to Cut Pension Enforcement Funding...... 66
Addressing the Rising Costs of Health Care and the
Uninsured............................................ 67
Norwood-Fletcher Patients' Bill of Rights................ 70
Examining the Federal Mental Health Parity Law........... 70
Safeguarding the Future of Retiree Health Benefits....... 71
Assessing Federal and State Laws on Genetic Non-
Discrimination....................................... 73
Providing Emergency Relief for Displaced U.S. Workers.... 74
Examining How Workplace Violence Threatens Safety of U.S.
Workers................................................ 76
Holding Union Leaders Accountable to Rank-and-File
Members.............................................. 76
Assessing the Economic Impact of the Western Port Labor
Dispute.............................................. 79
II. Hearings Held by the Subcommittee................................80
107th Congress, First Session............................ 80
107th Congress, Second Session........................... 80
III.Markups Held by the Subcommittee.................................80
107th Congress, First Session............................ 80
107th Congress, Second Session........................... 81
IV. Subcommittee Statistics.........................................81
Subcommittee on Workforce Protections............................ 81
I. Summary of Activities............................................81
Repealing the Flawed, Clinton-Era Ergonomics Regulation.. 83
Improving the Benefits Process for Black Lung Victims.... 83
Protecting the Beck Rights of Union Members.............. 84
Holding Union Leaders Accountable to Rank-and-File Union
Members.............................................. 85
Helping Parents Balance Demands of Family and Work....... 86
Modernizing Federal Law for 21st Century Employees....... 87
Helping Workers Get Extra Pay for Extra Effort........... 87
Examining OSHA Rulemaking and Permissible Exposure Limits 88
Exploring Remedies to America's National Nursing Shortage 89
II. Hearings Held by the Subcommittee................................89
107th Congress, First Session............................ 89
107th Congress, Second Session........................... 90
III.Markups Held by the Subcommittee.................................90
107th Congress, First Session............................ 90
IV. Subcommittee Statistics..........................................90
Subcommittee on Selection Education.............................. 90
I. Summary of Activities............................................90
Protections for Abused Children & Victims of Family
Violence............................................. 93
Overhauling AmeriCorps and other Federal National &
Community Service Programs........................... 94
Ending Waste, Fraud & Abuse at the Education Department.. 97
Outreach to Historically Black Colleges and Hispanic-
Serving Institutions................................. 97
Supporting America's Libraries and Museums............... 98
Homeland Security: Tracking International Students in
Higher Education..................................... 100
II. Hearings Held by the Subcommittee...............................101
107th Congress, First Session............................ 101
107th Congress, Second Session........................... 101
III.Markups Held by the Subcommittee................................102
107th Congress, First Session............................ 102
107th Congress, Second Session........................... 102
IV. Subcommittee Statistics.........................................102
Subcommittee on 21st Century Competitiveness..................... 102
I. Summary of Activities...........................................102
Strengthening the 1996 Welfare Reform Law................ 104
Removing Barriers to Higher Education by Reducing Federal
Red Tape for Colleges................................ 109
Lowest Student Loan Interest Rate in History............. 110
Expanding Access to Distance Education................... 111
Outreach to Historically Black Colleges and Hispanic-
Serving Institutions................................. 112
Homeland Security: Tracking International Students in
Higher Education..................................... 112
Improving Access to Assistive Technology for Individuals
with Disabilities.................................... 113
Improving America's Investment in Workforce Preparation.. 114
Emergency Relief for Displaced U.S. Workers.............. 115
Ensuring Accreditation Process Reflects Student
Achievement.......................................... 116
Ensuring the Quality of America's Teachers............... 117
Student Loan Relief for U.S. Military Reservists......... 118
II. Hearings Held by the Subcommittee...............................118
107th Congress, First Session............................ 118
107th Congress, Second Session........................... 119
III.Markups Held by the Subcommittee................................119
107th Congress, First Session............................ 119
107th Congress, Second Session........................... 119
IV. Subcommittee Statistics.........................................119
Subcommittee on Education Reform................................. 120
I. Summary of Activities...........................................120
Strengthening Special Education.......................... 121
Strengthening Special Education Through the No Child Left
Behind Act (H.R. 1).................................. 121
Reforming and Strengthening the Individuals with
Disabilities Education Act (IDEA).................... 124
Improving Education Research............................. 125
Promoting Greater Accountability and Flexibility in Early
Childhood Education.................................. 126
Promoting Literacy as the First Step..................... 127
Flexibility and Choice Emphasized as Essential to Reform. 128
Providing Support to School Districts Impacted by a
Military Base........................................ 129
Ensuring Educational Opportunities for Minority Children. 129
Ensuring School Lunch Eligibility for Military Children.. 130
II. Hearings Held by the Subcommittee...............................130
107th Congress, First Session............................ 130
107th Congress, Second Session........................... 130
III.Markups Held by the Subcommittee................................131
107th Congress, Second Session........................... 131
IV. Subcommittee Statistics.........................................131
INTRODUCTION
Report on the Activities of the Committee on Education and the
Workforce During the 107th Congress
President George W. Bush and the 107th Congress have
delivered a host of accomplishments that have helped to ensure
a secure and prosperous future for American families. Members
of the House Committee on Education and the Workforce played a
major role in many of these historic achievements.
In just 22 months, members of the House Education and the
Workforce committee:
Enacted a sweeping reform of federal education
programs to close the achievement gap between
disadvantaged students and their peers and improve
academic results for all children.
Passed pension reform legislation to help workers
diversify and protect their 401(k) retirement savings
from abuse.
Passed legislation to strengthen the successful 1996
welfare reform law to help millions more Americans move
from welfare to work.
Passed a patients' bill of rights to ensure health
care quality for all HMO patients, with a cap on trial
lawyers' ability to profit from patients' misfortunes.
Passed legislation fixing outdated laws to give
workers access to professional advice about their
401(k)s and investments.
Reformed federal education research efforts by
emphasizing sound science, high standards, and
accountability for results.
Revamped juvenile justice programs to give
communities more freedom and resources to reduce youth
crime and delinquency--breaking a six-year deadlock.
Saw the lowest student loan rate in history take
effect, and enacted legislation to keep the rate at
this historic low for years to come.
Passed new protections for abused children and
victims of family violence.
Provided more than $500 million in emergency grants
to help displaced workers maintain health coverage,
childcare assistance, and job training during economic
slowdown.
Gave new options to parents with children in
dangerous or chronically underachieving public schools,
allowing them to transfer to better, safer public or
charter schools.
Provided student loan relief for U.S. military
reservists called to active duty, relieving them from
making payments while they serve our nation.
Ensured children of military personnel do not lose
their eligibility for free or reduced-priced meals if a
family's military housing is privatized.
Held hearings on efforts to improve the international
student visa system to improve homeland safety and
security.
Held hearings on efforts to promote union democracy
and protect the democratic rights of rank-and-file
union members
Enacted legislation to improve the federal benefits
process for victims of Black Lung illness from dust
exposure in mines.
The following is a summary of the major achievements of the
House Committee on Education and the Workforce during the 107th
Congress.
Union Calendar No. 498
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-797
======================================================================
REPORT ON THE ACTIVITIES OF THE COMMITTEE ON EDUCATION AND THE
WORKFORCE
_______
January 2, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Boehner, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
FULL COMMITTEE
I. Summary of Activities
A. ACCOMPLISHMENTS: EDUCATION POLICY
Education has been President Bush's top domestic policy
priority and a focal point of the congressional agenda during
the 107th Congress. From enactment of President Bush's
historic, bipartisan No Child Left Behind education reforms to
legislation giving new tools to school teachers and parents,
President Bush and members of the House Committee on Education
and the Workforce have led the drive to improve education and
ensure every child learns.
For 35 years, Washington spent billions on education
without insisting on results for our children. Billions upon
billions were spent, yet the achievement gap between students
rich and poor, white and minority remains wide. President Bush
and the 107th Congress brought that era to an end in bipartisan
fashion. The federal government will no longer fund failure and
false hope in education. Federal education funds now come with
a simple demand: get results.
Across the nation, reform-minded parents, teachers and
principals have swung into action, leading by example in
putting the new resources--and new attitude--of No Child Left
Behind to work on behalf of students. President Bush, Education
Secretary Rod Paige, and Members of Congress have reached out
to families and communities during the 107th Congress in an
ongoing partnership aimed at putting the new law fully into
effect. These efforts have been bolstered by further action in
Congress to support schoolteachers, give parents new options,
and improve education for all students at all stages of life.
A new vision for education
Led by President Bush, the 107th Congress has focused on
bringing high standards and accountability for results to
federal education policy. Policy changes have reflected the
President's desire to ensure every child reads by the third
grade, and give parents more information and options about
their children's education. Congress has also focused on the
classroom, responding to the President's call to help states
and schools give every child the chance to learn from a highly
qualified teacher, and give teachers and principals the tools
to meet the unique needs of every child.
The Education and the Workforce Committee was the engine
behind these bipartisan education reforms in the 107th
Congress. In just 22 months, with the support of members of the
Education and the Workforce Committee, President Bush and the
107th Congress:
Gave parents report cards on school performance.
Gave teachers tax relief for out-of-pocket classroom
expenses.
Sent more dollars to the classroom, with fewer
strings attached.
Reformed federal K-12 education programs, requiring
accountability for results through annual testing in
reading and math in grades 3-8 to ensure all children
are learning.
Provided extra help for schools identified as
underachieving.
Shielded teachers, principals and school board
members from frivolous lawsuits.
Gave new options to parents with children in
dangerous or chronically underachieving public schools.
Streamlined federal K-12 education programs from 55
to 45.
Transformed bilingual education programs to focus on
helping Limited English Proficient (LEP) children learn
English.
Tripled funding for reading programs proven to work.
Increased federal teacher quality aid by 35 percent
over the previous administration's final budget.
Gave educators new tools by improving education
research and emphasizing results, through legislation
authored by Rep. Mike Castle (R-DE).
Boosted aid to Historically Black Colleges and
Universities (HBCUs) and Hispanic Serving Institutions
(HSIs).
Dramatically increased funding for special education.
Raised the maximum Pell Grant award to $4,000 per
student, the highest level ever.
Saw the lowest student loan interest rate in history
take effect, produced by a GOP Congress.
Expanded education savings accounts (Coverdell
accounts) to allow parents to save up to $2,000 a year
tax-free for K-12 expenses.
Worked with Education Secretary Rod Paige to clean up
waste & abuse at the U.S. Department of Education.
Provided more than $200 million to help start nearly
700 new charter schools and assist more than 1,000
existing ones.
Several other major education bills were passed by the
Education and the Workforce Committee and the full House, but
not acted on by the Senate. These measures, both of which were
passed by the committee with bipartisan support, include
legislation by Rep. Lindsey Graham (R-SC) to boost federal
student loan forgiveness from $5,000 to $17,500 for Americans
who become schoolteachers, and legislation by 21st Century
Competitiveness Subcommittee Vice Chairman Johnny Isakson (R-
GA) to expand Internet-based education opportunities for
students in higher education.
Despite significant cooperation between Republicans and
Democrats on education reform during the 107th Congress, a
number of important education initiatives fell victim to
election-year disagreements. These include a measure authored
by Education Reform Subcommittee Vice Chairman Bob Schaffer (R-
CO) to give low-income parents an above-the-line tax deduction
for K-12 educational expenses, and legislation by 21st Century
Competitiveness Subcommittee Chairman Howard ``Buck'' McKeon
(R-CA), co-authored by the late Rep. Patsy Mink (D-HI), to
reduce red tape in higher education for students and colleges.
Regrettably, the House Democrat leadership worked successfully
to keep both measures from passing the House.
Highlights: Education accomplishments, January 2001-October 2002
Following is a summary of the education achievements of the
107th Congress (January 2001-October 2002):
1. President Bush's No Child Left Behind Education Reforms
(H.R. 1)
On December 13, 2001, by an overwhelming bipartisan vote of
381-41, the House approved President George W. Bush's education
reform legislation, the No Child Left Behind Act (H.R. 1). The
measure is a comprehensive overhaul of the 1965 Elementary and
Secondary Education Act (ESEA) built on principles of
accountability for results; local control and flexibility;
expanded parental choice; and funding for what works.
President Bush, joined by Secretary of Education Rod Paige,
Education and the Workforce Committee Chairman John Boehner (R-
OH), and ranking Democrat member George Miller (D-CA), signed
H.R. 1 into law during a ceremony at Hamilton High School in
Hamilton, Ohio on January 8, 2002.
``[W]e owe the children of America a good education. And
today begins a new era, a new time in public education in our
country. As of this hour, America's schools will be on a new
path of reform, and a new path of results,'' the President said
before signing the historic bill. ``Our schools will have
higher expectations. We believe every child can learn. Our
schools will have greater resources to help meet those goals.
Parents will have more information about the schools, and more
say in how their children are educated. From this day forward,
all students will have a better chance to learn, to excel, and
to live out their dreams.''
The signing of H.R. 1 was the culmination of nearly a year
of bipartisan work by committee members and staff. During his
first week in office, President Bush unveiled his education
reform blueprint, entitled ``No Child Left Behind,'' and urged
Congress to work in a bipartisan fashion to pass it. The
Republican leadership in the House set aside the designation
``H.R. 1'' for the President's education plan to symbolize the
priority status the No Child Left Behind reforms was being
given.
To lay the groundwork for H.R. 1, the committee embarked on
a quick, focused series of field hearings around the nation.
Full committee field hearings were conducted at schools in
Bradenton, Florida; Marietta, Georgia; and Chicago, Illinois.
Hearings were also conducted in Washington, D.C. Education
Secretary Rod Paige, Pennsylvania Governor Tom Ridge (R),
Georgia Governor Roy Barnes (D), and U.S. Senator Thomas Carper
(D), a former governor of Delaware, were among those who
testified before the committee through this process.
Meanwhile, Republican congressional members and staff set
about the task of drafting the legislation, which would be a
comprehensive, five-year reauthorization of the Elementary and
Secondary Education Act. Among those involved in drafting the
original version of the legislation were full committee
chairman Boehner; Rep. Castle, chairman of the Education Reform
Subcommittee; Rep. McKeon, chairman of the 21st Century
Competitiveness Subcommittee; and Rep. Schaffer, vice chairman
of the Education Reform Subcommittee.
On March 22, 2001, the No Child Left Behind Act was
formally introduced in the House and given the ``H.R. 1''
designation. In unveiling the bill, Chairman Boehner said the
President's reforms would ``give students a chance, parents a
choice, and schools a charge to be the best in the world.''
Among those present to unveil the historic legislation were
Reps. Castle, McKeon, Isakson, Sam Johnson (R-TX), Cass
Ballenger (R-NC), Vern Ehlers (R-MI), Judy Biggert (R-IL), John
Culberson (R-TX), Ric Keller (R-FL), and Patrick Tiberi (R-OH).
Congressional support for H.R. 1 received a boost during
the spring of 2001 from a public opinion survey conducted by
the Winston Group showing Americans strongly supported
President Bush's plan to ask states to design and implement
annual math and reading tests for students in grades three
through eight. The poll showed the President's accountability
plan was strong across the ideological spectrum, but was
particularly favored by conservatives, 80 percent of whom
indicated support.
Full committee action on the No Child Left Behind Act began
in early May 2002 and concluded on May 9, 2001, as H.R. 1 was
reported out by the Education and the Workforce Committee with
bipartisan support. The committee reported bill successfully
included a ``safety valve'' for students in underachieving
schools--including immediate public school choice and a
supplemental services component allowing federal Title I money
to ``follow the child'' (portability) to private tutors,
including those with religious affiliations. But Chairman
Boehner expressed disappointment that there were insufficient
votes on both sides of the aisle to retain the private school
choice provision supported by President Bush, and vowed to
continue the drive to give students this option when the bill
went to the House floor. Boehner also said Republicans would
move to pass an amendment on the floor to give states
significant new flexibility in exchange for better results for
students.
Two weeks later, the House passed H.R. 1 by an overwhelming
and bipartisan vote of 384-45. The House approved an amendment
by Education and the Workforce Committee members Mike Castle
(R-DE) and Patrick Tiberi (R-OH) to further expand local
flexibility in the bill by allowing up to 100 local school
districts to receive a virtual waiver from requirements
attached to most federal education funds. The House also
successfully added an amendment shielding teachers, principals,
and school board members from frivolous lawsuits. Boehner,
joined by House Majority Leader Dick Armey (R-TX) and
Republican Conference Chairman J.C. Watts (R-OK), urged members
to support amendments to create private school options for
students in underachieving schools to reinforce the other
parental choice provisions in H.R. 1. Despite that support,
however, the amendments were defeated.
On July 18, 2001, following Senate passage of S. 1 (the
Better Education for Students and Teachers Act), the Senate
bill to reauthorize the Elementary and Secondary Education Act,
the House moved to go to conference with the Senate on the
President's education reform plan. As conference deliberations
began, Boehner noted that the bills passed by the two chambers
had much in common, but also left some important differences to
be resolved. The Senate bill, according to the Congressional
Research Service, dramatically expanded the overall number of
federal education programs, increasing the number of ESEA
programs from 55 to 89. The House bill, by contrast,
streamlined bureaucracy and targeted resources to the nation's
most disadvantaged students.
Senate conferees on the House-Senate Conference on H.R. 1
were Democrat Sens. Edward Kennedy, Christopher Dodd, Tom
Harkin, Barbara Mikulski, Jeff Bingaman, Paul Wellstone, Patty
Murray, Jake Reed, John Edwards, Hillary Rodham Clinton, Joe
Lieberman, and Evan Bayh; Republican Sens. Judd Gregg, Bill
Frist, Mike Enzi, Tim Hutchinson, John Warner, Christopher
Bond, Pat Roberts, Susan Collins, Jeff Sessions, Mike DeWine,
Wayne Allard, and John Ensign; and independent Sen. James
Jeffords. House conferees were Republican Reps. Boehner, Tom
Petri, Marge Roukema, Buck McKeon, Mike Castle, Van Hilleary,
Lindsey Graham, and Johnny Isakson; (Democratic) Reps. George
Miller, Dale Kildee, Major Owens, Rob Andrews, the late Patsy
Mink, and Tim Roemer.
Boehner was elected to chair the House-Senate conference on
H.R. 1 at the panel's first meeting on July 19, 2001. Boehner
welcomed Sen. Ted Kennedy (D-MA), Sen. Judd Gregg (R-NH) and
other Senate education leaders to the final talks, pledging to
sustain the bipartisan momentum behind the bills and deliver a
final product to the President as soon as possible.
``What has brought us together is a common concern for the
children who represent the future of our nation,'' Boehner
said. ``We know our children deserve better. And we know our
children are more important than our politics.''
On August 1, 2001, hours after remarks by President Bush
again urging Congress to continue work on the No Child Left
Behind Act, the House-Senate conference ratified a series of
preliminary agreements on topics such as migrant student
education and comprehensive school reform that paved the way
for intensive staff negotiations on larger issues during
Congress's August district work period. Conferees also agreed
the final legislation would be a six-year reauthorization of
the ESEA.
Conference deliberations resumed at the member level after
Labor Day, but hopes for quick resolution of remaining issues
were dashed in tragic fashion on September 11, 2001, when
terrorists attacked New York City and Washington, D.C. and
killed thousands of innocent Americans. Unbowed, House and
Senate education conference leaders issued a joint statement on
September 12, 2001, vowing to forge ahead with final work on
the No Child Left Behind Act in an effort to deliver a bill for
the President to sign in the coming weeks. Bipartisan momentum
behind President Bush's education reform plan resumed September
25, 2001 as conferees ratified another series of agreements,
including approval of the President's ambitious Reading First
and Early Reading First initiatives, meant to help states
ensure every child reads by the third grade.
Another tragic obstacle was thrown in the path of the H.R.
1 deliberations in October 2001, when parcels containing lethal
anthrax powder were mailed to Senate and House office
buildings, prompting the evacuation of hundreds of Capitol Hill
offices for several weeks for decontamination. Work on the No
Child Left Behind Act continued, however. At one point,
emergency office space for staff working on the conference was
provided by Education Secretary Rod Paige and the Department of
Education, ensuring work on the reform legislation continued.
On October 3, 2001, conservative education reform leaders
sent a joint memo to President Bush and H.R. 1 conference
leaders that had a significant impact on congressional efforts
to shape the final version of the No Child Left Behind Act.
Signed by Empower America's William J. Bennett, the Education
Leader Council's Lisa Graham Keegan, Chester E. Finn, Jr. of
the Thomas B. Fordham Foundation, and Krista Kafer of the
Heritage Foundation, the memo urged that the final conference
report's accountability system emphasize ``sunshine,'' or the
light of public scrutiny and pressure, to hold education
systems accountable for their performance rather than imposing
penalties such as withholding funds from schools that
underachieve. The memo also urged that the final bill utilize
the National Assessment of Educational Progress (NAEP)
exclusively as an independent benchmark to ensure the
comparability of test results from state to state. ``While
states need the flexibility to develop their own assessments,
there must also be an external benchmark against which to
compare the rigor of their standards, tests and accountability
systems,'' the four leaders wrote. ``The National Assessment of
Educational Progress (NAEP) provides such a marker. Comparing
NAEP results to the results of a state test might reveal, for
example, that, while students appeared to be making gains on
the state assessment, their NAEP scores remained flat. This may
indicate that something is amiss in the state assessment system
and help educators adjust their standards and assessments
accordingly.'' Both recommendations, as well as others in the
memo, were later incorporated into the final conference report.
The conference took its next step on October 30, 2001.
Settling some of the most complex issues confronting the panel,
bipartisan negotiators agreed to provisions that would
safeguard constitutionally-protected prayer in public schools
and deny funds to state agencies or local school districts that
discriminate against the Boy Scouts of America. Conferees also
agreed to consolidate and streamline a number of existing
programs dealing with technology and Native American education;
to allow religious organizations and other community groups to
receive funds under the Safe and Drug Free Schools Act; and to
help teachers by asking schools to develop policies that allow
teachers to maintain control of their classrooms. Conferees
also considered a provision to give military recruiters the
same access to high school students and their contact
information as college recruiters and job recruiters currently
have.
On November 30, 2002, the House-Senate conference approved
two of the No Child Left Behind Act's most sweeping reforms: an
overhaul of federal bilingual education programs, transforming
them into a single program that helps limited-English
proficient students learn English instead of keeping them
trapped in classes taught in their native language; and a
requirement that states have a highly qualified schoolteacher
in every public classroom by 2005. Conferees also dealt with
the controversial issue of special education. Senate Democrats
on the conference rejected an amendment by Chairman Boehner (R-
OH) that called for the federal government to pay its full
share of the cost for special education while keeping it as a
discretionary spending program, keeping the pressure on for
much-needed reforms to reduce misidentification of students for
special education and improve results for children with special
needs. House Republican conferees supported the Boehner
amendment and successfully defeated a rival measure by Sen. Tom
Harkin (D-IA) that sought to make the Individuals with
Disabilities Education Act (IDEA) a new federal entitlement
spending program, a change Republicans said would jeopardize
efforts to improve IDEA for children with special needs as well
as parents and teachers.
On December 11, 2001, the 39-member panel approved the
remaining No Child Left Behind reforms, including provisions
dealing with accountability for results and parental choice.
Members of the panel then ratified and signed the final
conference report. The House approved the H.R. 1 conference
report on December 13, 2001. The Senate followed suit on
December 18, 2001, clearing the way for President Bush to sign
the most significant federal education reforms in a generation.
Quick highlights of the No Child Left Behind Act:
Gives parents report cards on school performance.
Gives teachers tax relief for out-of-pocket
classroom expenses.
Sends more dollars to the classroom, with fewer
strings attached.
Reforms federal K-12 education programs, requiring
accountability for results through annual testing to
ensure all children are learning.
Provides extra help for schools identified as
underachieving.
Shields teachers, principals and school board
members from frivolous lawsuits.
Gives new options to parents with children in
dangerous or chronically underachieving public schools.
Streamlines federal K-12 education programs from 55
to 45.
Transforms bilingual education programs to focus on
helping Limited English Proficient (LEP) children learn
English.
Triples funding for reading programs proven to work.
Increases federal teacher quality aid by 35 percent
over last Clinton budget.
How No Child Left Behind makes a difference:
Empowers parents, voters, and taxpayers with data
about public schools--allowing ``sunshine'' into the
public education system and increasing accountability
for results.
Provides immediate new options for parents of
students in thousands of underachieving and/or
dangerous public schools across America.
Streamlines the number of federal K-12 education
programs from 55 to 45 and requires that 95 percent of
all federal funds authorized under the No Child Left
Behind Act reach the local level.
Expands local control and gives all 50 states and
every local school district new freedom and flexibility
in the use of federal education dollars.
Requires accountability for results through annual
testing of students in federally-funded public schools
in reading and math in grades 3-8.
Focuses on effective, proven methods of reading
instruction backed by scientific research.
Calls for states to have a highly-qualified teacher
in every public classroom by 2005.
Strengthens special education by giving new tools to
parents of children with special needs, along with new
resources to help schools recruit qualified special
education teachers and improve early reading
instruction.
Accountability for results Under the No Child Left Behind
Act:
Schools that accept federal funds must demonstrate
that they are making ``adequate yearly progress''
(AYP)--in other words, that they're meeting state
standards each year for student achievement. This is
accomplished through annual testing of public school
students in reading and math in grades 3-8.
Schools identified as underachieving immediately
qualify for extra help. Parents with children attending
these schools, including children with special needs,
immediately qualify for new options. (More below.)
Allows states to design and implement their annual
tests.
Explicitly prohibits federally sponsored national
testing or federally controlled curricula.
Exempts home schools, home school students, private
schools, and private school students from all testing
requirements.
Requires that test data be disaggregated and
reported by race, income, and other criteria to
demonstrate not just that overall student achievement
is improving, but also that achievement gaps are
closing between disadvantaged students and other
students.
Creates a ``safe harbor'' for schools that can
demonstrate they are making significant progress toward
proficiency but have not technically met AYP. This
provision is intended to help prevent over-
identification of underachieving schools.
Requires a small sample of students in each state to
participate in the fourth and eighth grade National
Assessment of Educational Progress (NAEP) in reading
and math every other year as a means of verifying the
results of the statewide assessments all students take.
Extra help for underachieving schools under the No Child
Left Behind Act:
Underachieving schools are not ``punished''; they
qualify immediately for extra help, including emergency
funding and technical assistance. The words ``failing
schools'' do not appear in the No Child Left Behind
law.
Such schools immediately qualify to receive extra
help, including additional federal funding for school
improvement, as well as technical assistance in
developing a plan to turn the school around.
Schools that continue to underachieve--even after
years of extra help--are required to change
dramatically. After four years, schools that do not
improve after a period of intensive assistance and
extra help will be required to implement significant
corrective actions to improve the school, such as
replacing certain staff. After five years, such schools
can be transformed dramatically through measures such
as reconstitution, State takeover, the hiring of a
private management contractor, conversion to a charter
school, or significant staff restructuring.
New options for children in underachieving schools under
the No Child Left Behind Act:
Parents with children in underachieving schools are
given the right to obtain private tutoring and other
supplemental services for their children through their
child's share of federal Title I funds.
Parents with children in underachieving schools are
given the right to transfer their child to a better or
safer public school, with the district paying for
transportation costs.
Pressure on struggling schools is eased by providing
some relief until improvements can be made.
Improving teacher quality and supporting teachers. The No
Child Left Behind Act:
Makes major increases in federal teacher quality
funding. As a result of No Child Left Behind, federal
funding for teacher programs is increased 38 percent
(by $787 million--to $2.85 billion) in FY2002 to help
states train, recruit, and retain quality teachers--an
amount far greater than provided in the past. The
President's FY2003 Budget, and the budget resolution
passed in March 2002 by House Republicans, maintains
this historic level of support.
Calls for states to have a highly qualified teacher
in every public classroom by the end of the 2005-2006
school year.
Shields teachers and school officials, including
school board members, from frivolous lawsuits.
Prohibits national teacher testing and
certification.
Local control and flexibility. The No Child Left Behind
Act:
Expands local control of schools by providing new
freedom and decision-making authority to every local
school district in America.
Applies ``Dollars to the Classroom'' principles to
federal formula grant programs, so that 95 percent of
federal education funds are spent at the local level.
Provides local communities with more flexibility and
more control over how federal education funds are used.
Gives every local school district in the country the
freedom to use up to half of its non-Title I federal
education funds as it sees fit, instead of following
strict Washington rules.
Allows state and local flexibility ``demonstration
projects'' to be established across the nation to
demonstrate the effectiveness of state and local
control in improving student achievement. Seven states
across the nation will be granted additional
flexibility in the use of federal funds, receiving a
waiver from federal education requirements relating to
a variety of federal education programs.
In addition, up to 150 local school districts
nationwide can apply to receive such a waiver, through
a provision authored by House Education Reform
Subcommittee Chairman Mike Castle (R-DE) and Select
Education Subcommittee Vice Chairman Rep. Patrick
Tiberi (R-OH). The Tiberi-Castle amendment passed on
the House floor during consideration of the committee-
reported version of H.R. 1. Conferees later expanded
the provision to apply to 150 local school districts,
up from the original 100.
Transforming bilingual education programs. The No Child
Left Behind Act:
Completely changes the focus of bilingual education
programs from programs teaching limited English
proficient (LEP) children primarily in their native
languages to programs focused on helping LEP children
learn English.
Consolidates the former Bilingual Education and
Immigrant Education programs into a single flexible
program with a totally new focus on helping limited
English proficient (LEP) students learn English.
Requires accountability for results in teaching LEP
children English. Requires that LEP students be tested
for reading and language arts in English after they
have attended school in the United States for three
consecutive years.
Requires that all teachers in a language instruction
class for LEP children be fluent in English, including
written and oral communication skills, and any other
language used by the program.
Requires that parents be notified when a limited
English proficient child is in need of English language
instruction.
Reading instruction. The No Child Left Behind Act:
Provides new resources and a focus on results to
help states ensure all children are skilled readers by
the end of third grade.
Triples federal funding for states that implement
scientifically based reading instruction programs that
are proven to work. (Reading First)
Establishes a companion initiative for early reading
instruction (Early Reading First) to enhance reading
readiness for children in high poverty areas, and where
there are high numbers of students who are not reading
at grade level.
Protecting home schools and private schools. The No Child
Left Behind Act:
Provides an exemption from all federal testing
requirements for home schools and home schooled-
students.
Provides an exemption from all federal testing
requirements for any private school or private school
student that does not receive federal Elementary and
Secondary Education Act (ESEA) funds or services.
Prohibits federal control over private, religious,
and home schools, while clarifying that such schools
are not barred from participating voluntarily in ESEA
programs or services.
Requires states receiving federal ESEA funds to have
a procedure in place to transfer student disciplinary
records (such as records of a suspension or expulsion)
from local school districts to private or public
schools when a student transfers to a new school.
Other highlights. The No Child Left Behind Act:
Provides hundreds of millions in federal ``seed
money'' to help establish nearly 700 new charter
schools and provides additional assistance for more
than 1,000 existing ones.
Prohibits federal funding for schools that
unlawfully restrict constitutionally protected student
prayer, through a provision supported by Reps. Sam
Johnson (R-TX) and Van Hilleary (R-TN).
Lets states design and implement their statewide
assessments and allows states to build on their
existing tests rather than starting from scratch,
through language backed by Rep. Lindsey Graham (R-SC)
and other members.
Provides greater fairness and special help for rural
school districts by giving local school officials
greater say in how federal funds are used, through
provisions authored individually by Reps. Tom Osborne
(R-NE) and Van Hilleary (R-TN).
Allows community-based organizations--including
religious organizations and other public entities and
private organizations--that provide safety and drug
abuse prevention programs to apply for federal funds
under the Safe and Drug-Free Schools Act.
Includes a majority of the provisions from H.R.
1995, the Teacher Empowerment Act, of the 106th
Congress, as supported by Rep. Buck McKeon (R-CA) and
ranking Democrat member George Miller (D-CA).
Includes special education teachers in Reading First,
through language backed by Rep. Ric Keller (R-FL).
Includes language in the Troops to Teachers section
to allow military members currently eligible for
retirement to begin training to become teachers upon
their retirement or discharge from the military,
through a provision supported by Rep. Thomas Petri (R-
WI).
Includes comprehensive regional assistance centers in
Title I, Part A support teams, as supported by Rep.
Buck McKeon (R-CA).
Includes civic education provisions, supported by
Rep. Mike Castle (R-DE).
Includes Charter School per-pupil aid provisions and
Charter School Facility Financing Demo, as supported by
Rep. Mike Castle (R-DE).
Includes a provision to support elementary and
secondary school counseling, authored by Rep. Marge
Roukema (R-NJ).
Removes all references to Goals 2000, outcome-based
education, School-to-Work, Workforce Investment Act,
and ``higher order thinking skills'' from the
Elementary and Secondary Education Act, per the
recommendations of Reps. Bob Schaffer (R-CO) and Pete
Hoekstra (R-MI).
Includes a provision ensuring every public school
parent will be given notice before a child is subjected
to surveys and medical exams, backed by Reps. Lindsey
Graham (R-SC) and Todd Tiahrt (R-KS).
Includes provisions related to teaching that the
illegal use of drugs is wrong, supported by Rep. Mark
Souder (R-IN).
Includes entrepreneurial education programs in the
21st Century Community Learning Centers and Innovative
Programs, through provisions supported by Rep. Mark
Souder (R-IN).
Includes language, supported by Rep. Mark Souder (R-
IN), ensuring that individual test results, which
become a part of a student's education records, are
protected from disclosure to third parties.
Includes language, supported by Reps. Johnny Isakson
(R-GA) and Vern Ehlers (R-MI), requiring that 25
percent of local technology funds be spent on
professional development to train teachers in
technology.
Places specific prohibitions on the U.S. Department
of Education as safeguards against any form of federal
control over state or local curriculum, through a
provision authored by Rep. Bob Schaffer (R-CO).
Requires states receiving ESEA funds to have a
procedure in place to transfer student disciplinary
records, such as records of a suspension or expulsion,
from local school districts to private or public
schools when a student transfers to a new school, as
supported by Select Education Subcommittee Chairman
Pete Hoekstra (R-MI).
Specifies that states can change their state
standards without first obtaining permission or
approval from the federal government, through a
provision authored by Rep. Bob Schaffer (R-CO).
Includes a ``testing trigger'' stating that unless
federal appropriations reach a sufficient level each
year, states are not required to utilize annual tests
in grades 3-8 in reading and math. The provision is
based on an amendment offered by Rep. Pete Hoekstra (R-
MI) during House consideration of the No Child Left
Behind Act.
Maintains Internet Filtering requirements that became
law in 2000 through a provision supported by Rep. Jim
DeMint (R-SC). Under the requirement, schools that
purchase computers, Internet access or related services
with federal ESEA technology funds are required to use
technology to filter or block obscenity, child
pornography, and material that is harmful to minors.
Local officials are given the latitude to disable
filtering or blocking technology for legitimate
research and other lawful purposes. Funds made
available under the technology state grant may be used
to purchase filtering or blocking software.
Includes language in the Title I formula, supported
by Rep. James Greenwood (R-PA), to allow districts that
once met the 15 percent poverty threshold for
concentration grants (but no longer meet the 15 percent
requirement) to continue to receive such grants, but
have them phased out over time.
Reduces the Title I school-wide threshold from 50
percent poverty and above to 40 percent poverty and
above (as opposed to 25 percent and above), through a
provision supported by Reps. Bob Schaffer (R-CO) and
Van Hilleary (R-TN).
Includes support for Parental Assistance Programs,
through provisions supported by Rep. Fred Upton (R-MI).
Includes character education, as supported by Rep.
Ernie Fletcher (R-KY).
Includes provisions supported by Rep. Vern Ehlers (R-
MI) requiring states to develop science standards by
the 2005-2006 school year and implement science
assessments by the 2007-2008 school year in one grade
in each grade span of 3-5, 6-9, and 10-12. Language
supported by Rep. Thomas Petri (R-WI) is also included
in the conference report to clarify that a quality
science education should help students understand the
full range of views on controversial topics being
taught, such as biological evolution.
Includes provisions establishing and maintaining
school safety hotlines in Safe and Drug-Free Schools,
as supported by Rep. Tom Tancredo (R-CO).
Includes changes to Impact Aid, supported by Rep.
James Greenwood (R-PA), to provide an additional year
of eligibility as ``federal property'' at a reduced
payment level for school districts where the federal
government has transferred property to non-federal
status.
Includes language, supported by Rep. Bob Schaffer (R-
CO), allowing parents to opt their children out of Safe
and Drug-Free School programs.
Includes language specifying that tests cannot
evaluate or assess personal or family beliefs and
attitudes or publicly disclose personally identifiable
information. This restriction applies to both statewide
assessments and the ``confirming test'' (NAEP). This
provision is based on language originally authored by
Rep. Todd Akin (R-MO), with only slight clarifications.
Includes language, supported by Rep. Ernie Fletcher
(R-KY), allowing seniors to mentor children in after
school programs as a use of funds in 21st Century
Community Learning Centers.
Includes mentoring under the Safe and Drug-Free
Schools national authority, as supported by Rep. Tom
Osborne (R-NE).
Includes a provision supported by Rep. Johnny Isakson
(R-GA) that allows local educational agencies to
provide instructional services designed to help
immigrant children and youth achieve in elementary and
secondary schools, such as programs of introduction to
the educational system and civics education, and to
provide coordinated activities to assist parents of
immigrant students by offering comprehensive community
services.
Includes Math/Science partnerships, including
providing technology training software and
instructional materials to teachers, as supported by
Rep. Vern Ehlers (R-MI).
Includes provisions to assist homeless children and
youth, supported by Rep. Judy Biggert (R-IL).
Includes language from H.R. 4141 (106th Congress)
protecting against a national database of information
on students, applied to NAEP, supported by Rep. Van
Hilleary (R-TN).
Requires that scientifically based research be the
basis of all federal ESEA programs with the exception
of technology, which is changing too rapidly to permit
the development of applicable scientific research, as
recommended by Reps. Bob Schaffer (R-CO) and Pete
Hoekstra (R-MI).
Uses the term ``academic standards'' and ``academic
assessments'' instead of ``standards'' and
``assessments'' throughout the bill, per the
recommendations of Reps. Pete Hoekstra (R-MI), Van
Hilleary (R-TN), and Bob Schaffer (R-CO).
Includes language, supported by Rep. Bob Schaffer (R-
CO), requiring all educational services, as well as
NAEP, to be secular, neutral and non-ideological.
2. Education Funding--Tied to Education Reform
Research and opinion polls show Americans believe the most
important factor in improving America's schools is not just
funding, but high standards and accountability for results.
The 107th Congress, under the leadership of President Bush,
provided both the resources and the reforms Americans sought in
education. President Bush and Congress worked together during
much of this time to provide the resources for education reform
while funding a nation at war. As a result of the No Child Left
Behind Act (H.R. 1), public schools in the U.S. stand to
benefit from the largest amount of federal funding ever
provided for elementary and secondary education. Never in the
history of the United States has the federal government
invested so much in the nation's schools. The No Child Left
Behind reforms were accompanied by the largest single-year
increase in history for federal elementary and secondary
education funding--a 27 percent increase ($4.8 billion).
Despite the twin challenges of war and economic
uncertainty, President Bush's FY2003 budget request provides
even further support for education. According to an independent
analysis by National Journal, funding for Elementary,
Secondary, & Vocational education is increased by 41 percent
over the next five years under President Bush's budget--making
it the third largest growth category in the President's entire
budget, second only to Medicare and federal correctional
activities (Cannon, Baumann, Zeller; ``Winners & Losers,''
National Journal, 2/9/02). This 41 percent increase for
Elementary, Secondary and Vocational education is significantly
larger than increases being provided for national defense (27
percent) and federal law enforcement (29 percent). The 41
percent figure does not include federal funding for higher
education programs, which are also increased by the President's
budget.
Title I Aid for Disadvantaged Schools & Students--
Federal aid to disadvantaged students and schools is
being increased dramatically as a result of the No
Child Left Behind Act, and the President's FY2003
Budget continues that commitment. The President's
FY2003 Budget provides a $1 billion increase in Title I
grants next year--on top of the $1.6 billion increase
provided this year--focusing resources on the highest-
poverty school districts. Under the first two years of
President Bush's presidency, we will have seen greater
increases in Title I funding than in the previous seven
years combined under the previous administration.
Reading First--As a result of the No Child Left
Behind Act, hundreds of millions of additional federal
dollars are flowing to states and school districts to
improve reading instruction using proven methods based
on scientific research. Federal funding for reading
this year has been more than tripled since the last
budget signed by President Clinton, from $300 million
in FY2001 to $900 million this year. President Bush's
FY2003 Budget, and the budget resolution approved by
the House, provides this funding again next year--along
with another $100 million increase, bringing next
year's total to more than $1 billion for states and
school districts for proven reading instruction.
Accountability Systems--The No Child Left Behind Act
is not an unfunded mandate. To help states cover the
costs of the reform law's annual testing requirement,
more than $385 million is being provided in 2002 for
states to use in designing their accountability
systems. This funding is maintained in the President's
FY2003 Budget. The independent National Center for
Policy Analysis recently pointed to a comprehensive
study showing that in proportion to the cost of other
education programs, the cost of accountability is quite
small. The study, by the National Bureau of Economic
Research, finds state education expenditures range from
a low of $1.79 per student in 2001 (South Carolina) to
a high of $34.02 (Delaware)--while Arizona's
comprehensive accountability system costs $8.72 per
pupil. Annual testing should cost no more than $4 per
student, which is less than 0.05 percent (5 one-
hundredths of 1 percent) of U.S. school spending per
pupil, the study also concludes. (Source: Matt
Nesvisky, ``The Low Cost of Accountability,'' NBER
Digest, September 2002; based on Caroline Hoxby, ``The
Cost of Accountability,'' NBER Working Paper No. 8855,
March 2002, National Bureau of Economic Research)
``[A]ccountability is so cheap compared to other
educational reforms that almost any cost-benefit
analysis will favor it over other reforms,'' NCPA
observed.
Teacher Quality--As a result of President Bush's
reforms, federal funding for teacher quality programs
is being increased 38 percent (by $787 million--to
$2.85 billion) this year to help states train, recruit,
and retain quality teachers. This historic level of
support is maintained in the President's FY2003 Budget
and the budget resolution passed in the spring of 2002
by House Republicans.
Troops to Teachers/Transition to Teaching--No Child
Left Behind helps eligible members of the armed forces
and mid-career professionals obtain certification as
elementary and secondary school teachers as well as
vocational teachers through the ``Troops to Teachers''
and ``Transition to Teaching'' programs. As a result of
No Child Left Behind, a record $88 million was
appropriated for FY2002 for Transition to Teaching and
the Troops to Teachers programs.
Bilingual and Immigrant Education--The No Child Left
Behind Act dramatically transforms the federal
bilingual education and immigrant education programs,
changing them from programs focused on teaching limited
English proficient children in their native languages
to a single new program focused on ensuring such
children learn English. As a result of No Child Left
Behind, $665 million was provided for bilingual and
immigrant education for FY2002. This strong support was
maintained in the President's FY2003 budget request as
well as the FY2003 budget resolution passed in the
spring of 2002 by House Republicans.
House and Senate Republican education leaders John Boehner
(R-OH) and Judd Gregg (R-NH), ranking Republican on the Senate
Committee on Health, Education, Labor & Pensions, in July 2002
released a joint committee analysis, entitled ``Resources for
Reform: New Hope for America's Most Disadvantaged Public
Schools.'' The report showed the nation's most disadvantaged
public school districts will receive a dramatic increase in
federal education funds as a result of President Bush's No
Child Left Behind reform legislation.
Using Congressional Research Service (CRS) data, the
Boehner-Gregg committee report noted, a congressional staff
analysis of 125 of America's most disadvantaged urban school
districts indicated all would receive a dramatic boost in
federal education funding beginning July 1, 2002 as a result of
No Child Left Behind. These 125 school districts will receive a
historic average increase of 26.4 percent in federal Title I
funding in 2002 as a result of the President's reforms. The
report also examines the positive impact of the reforms for 50
of America's rural school districts, which will also receive
historic federal funding increases as a result of No Child Left
Behind.
The Boehner-Gregg committee report noted that as a result
of President Bush's education reforms, parents and taxpayers
began providing the largest increase in federal K-12 education
spending in our nation's history, along with unprecedented new
local control over those funds. In exchange, the system must
begin delivering better results for our nation's children,
Boehner and Gregg noted. The analysis noted President Bush's
reforms are linked to the largest single-year increase in
history for federal elementary and secondary education
funding--a 27 percent increase ($4.8 billion). President Bush's
reforms have made possible the largest increase in the history
of the federal Title I program ($1.5 billion), which provides
aid to states and school districts for the education of
disadvantaged students. The new funds began flowing to schools
on July 1, 2002--and despite the war, the President's budget
includes another $1 billion increase in Title I for next year.
The report also noted districts being asked to provide new
options to parents with children in underachieving schools,
including public school choice and supplemental educational
services such as private tutoring in reading and math, are also
most likely to be receiving an enormous increase in federal
funds.
Some of the nation's most disadvantaged public school
districts can expect an enormous boost in federal Title I
education aid as a result of the No Child Left Behind Act, the
report indicated. For example, according to Congressional
Research Service estimates for the current fiscal year:
NEW YORK. New York City schools can expect to receive
a 28.7 percent increase in Title I money, from $492.1
million to $633.5 million.
LOS ANGELES. The Los Angeles Unified School District
can expect to receive a 36.2 percent increase, from
$222.3 million to $302.9 million.
PHILADELPHIA. The Philadelphia school district can
expect to receive a 27.2 percent increase in funding
for low-income students, from $90.1 million in FY 2001
and $114.6 million in FY 2002.
CHICAGO. The city of Chicago school district can
expect to receive a 27.4 percent increase, from $170
million to $216.5 million.
HOUSTON. The Houston Independent school district can
expect to receive a 24.5 percent increase, from $61.8
million to $77 million.
DADE COUNTY, FLA. The Dade County school district--
which includes the cities of Miami and Hialeah--can
expect to receive a 20.8 percent increase in Title I
money, from $80.7 million to $97.6 million.
In addition, the President's reforms are also accompanied
by historic increases in federal funding for teacher quality,
proven reading instruction programs based on scientific
research, programs to help limited English proficient children
learn English, and other education priorities, the Boehner-
Gregg report noted.
3. Fixing and Funding Special Education
Laying the groundwork for much-needed reform to improve
results for children with special needs, President Bush and
Congress for FY2002 provided a historic increase of $1.2
billion in grants to states and communities under the
Individuals with Disabilities Education Act (IDEA), ensuring
that the federal government is now paying a larger share (16.5
percent) of the cost of special education than at any other
time since 1975. On top of this increase, the President's
FY2003 Budget calls for another $1 billion increase for IDEA
grants to states and communities, which would increase the
federal government's share to 18 percent. The budget resolution
passed by the House in spring 2002 includes the $1 billion
increase requested by the President and calls for full funding
of IDEA within 10 years. Members of the House Education and the
Workforce Committee worked closely with appropriators and the
Bush Administration during the 107th Congress to ensure this
strong support for children with special needs.
Members of the House Education and the Workforce Committee
also joined Education Secretary Rod Paige in drawing attention
to chronic problems in the current IDEA system that have caused
countless children to be wrongly placed in special education
classes, a problem that particularly affects minority children.
House Republicans on the committee also led successful efforts
to defeat a proposal that would have indefinitely delayed
reform of IDEA by turning special education into a new federal
entitlement spending program.
House Republicans, led by Education Reform Subcommittee
Chairman Mike Castle (R-DE), in June 2002 unveiled a series of
principles committee Republicans believe should guide
reauthorization of the Individuals with Disabilities Education
Act (IDEA). The GOP principles include:
Increasing accountability and improving education
results for students with disabilities.
Reducing the paperwork burden.
Improving early intervention strategies.
Reducing over-identification/misidentification of
non-disabled children, including minority youth.
Encouraging innovative approaches to parental
involvement and parental choice.
Supporting general education and special education
teachers.
Rewarding innovation and improved education results.
Restoring trust and reducing litigation.
Ensuring school safety.
Reforming special education finance and funding.
Committee Republicans hope to work with committee Democrats
in the 108th Congress to reauthorize IDEA in a comprehensive
manner that reflects these reform principles and will bring
about stronger results for parents, teachers, and children with
special needs.
4. ``Great IDEAs'' Website
To facilitate reform and reauthorization of IDEA,
Subcommittee Chairman Castle launched the ``Great IDEAs''
website to gather input from teachers, parents, students and
others involved in special education. The website can be
accessed at the following link: http://edworkforce.house.gov/
issues/107th/education/idea/ideacomments/index.htm. Further
details about the Great IDEAs website project are provided
later in this report in the section summarizing the activities
of the Education Reform subcommittee.
5. Improving Education Research
On April 30, 2002, the House approved bipartisan
legislation authored by Education Reform Subcommittee Chairman
Mike Castle (R-DE) to help more students learn reading,
mathematics and other essential skills and help educators
implement the No Child Left Behind reforms by improving the
quality of critical education research while basing it on
proven scientific methods. The final version of the Education
Sciences Reform Act (H.R. 3801) was signed into law by
President Bush on November 5, 2002.
Enactment of the legislation, which overhauls the U.S.
Department of Education's Office of Educational Research and
Improvement (OERI), capped years of work by Chairman Castle and
other members to improve the quality of federal education
research to ensure findings are based on sound science and
proven results, rather than politics or fads. The legislation,
which enjoys strong bipartisan support, will give educators
additional tools to meet the high standards called for in the
No Child Left Behind Act.
A more detailed summary of the Education Sciences Reform
Act and related legislative efforts is included later in this
report in the summary of actions by the Education Reform
subcommittee.
6. Coverdell Education Savings Accounts
The tax relief package signed into law by President Bush in
June 2001 included expanded Education Savings Accounts (ESAs),
championed by the late Sen. Paul Coverdell (R-GA), that allow
parents to save up to $2,000 annually for their children's K-12
education in special tax-free savings accounts. Similar to an
education IRA, ESAs for K-12 education were vetoed by former
President Clinton but included in the original No Child Left
Behind proposal and signed into law by President Bush on behalf
of parents. They were the first part of the President's
original No Child Left Behind blueprint to be enacted into law.
Members of the House Education and the Workforce Committee
strongly supported this expansion of parental choice and
affordability in education.
7. Tax Relief for Teacher Classroom Expenses
Many schoolteachers pay hundreds of dollars a year out of
their own pockets for classroom materials such as books,
crayons and other items that enrich their students' learning
experiences. President Bush and Congress took action in 2002,
supported by members of the House Education and the Workforce
Committee, to provide relief and fairness for these teachers.
H.R. 3090, the Job Creation and Worker Assistance Act of 2002,
created an above-the-line tax deduction for schoolteachers to
help relieve the cost of out-of-pocket classroom expenses. The
deduction (unofficially dubbed the ``Crayola credit'') covers
up to $250 of out-of-pocket expenses. These expenses include
books, supplies, computer equipment, supplementary materials
and other equipment used by the teacher in the classroom.
Anyone who serves as a K-12 teacher, instructor, counselor,
principal or aide for at least 900 hours during a school year
is eligible. Teachers at public, private, religious and home
schools all qualify as long as the school meets the State's
definition of a school.
8. Preparing Tomorrow's Teachers
First Lady Laura Bush traveled to Capitol Hill on March 14,
2002, to brief members of the House Committee on Education and
the Workforce on her recent White House conference on Preparing
Tomorrow's Teachers. The briefing was the latest in a series of
public appearances by President and Mrs. Bush to raise
awareness of the fact that American schools will need more than
2 million new teachers over the course of the next decade. The
No Child Left Behind Act calls on states to have a highly
qualified teacher in every public classroom by 2005.
In her remarks before the committee, Mrs. Bush praised
committee members for their bipartisan work in passing the No
Child Left Behind Act and urged that Congress build on its
reforms by continuing to provide full support for America's
school teachers.
``Our brand new education reforms ask a lot of America's
teachers--and we owe them something in return,'' Mrs. Bush
said. ``We owe them our respect for the professionals they are.
We owe them our support. And we owe them the training and tools
to succeed.''
Mrs. Bush noted the President's proposed FY2003 budget
called for $4 billion dollars overall for teacher recruitment,
training, and staff development. She urged members to continue
with their efforts to support teachers by focusing on three
broad objectives: doing more to attract America's ``best and
brightest'' to the teaching profession--and then, providing
incentives to keep them in the classroom; strengthening teacher
standards and the quality of teacher education programs; and
turning out more graduates who are well-versed in the liberal
arts and solidly educated in the subject they plan to teach so
they are ready for the academic rigors of the classroom.
``Our obligation to America's teachers is as clear and
strong as our obligation to America's children,'' Mrs. Bush
said. ``Teachers are the heart and soul of our schools and they
deserve our support. And children deserve the quality education
that comes from excellent teachers. This is their birthright.''
9. Lowest Student Loan Interest Rate in History
As a result of changes negotiated by Rep. Buck McKeon (R-
CA) in 1998, federal student loan interest rates dropped to
their lowest level in U.S. history on July 1, 2002. Reflecting
continuing congressional efforts to make higher education more
affordable and accessible, the new rates will result in
significant savings for students. On July 1, 2002, interest
rates on federal Stafford loans issued on or after July 1,
1998, fell to 4.06 percent, down from a previous level of 5.99
percent. In addition, interest rates on Parent Loans for
Undergraduate Students (PLUS) dropped from 6.79 percent to 4.86
percent--the lowest rate ever for PLUS loans. McKeon and other
members of the House Education and the Workforce Committee
worked during the 107th Congress to bring further attention to
the problem of rising college prices, laying the groundwork for
the committee to take further steps to maximize college
affordability and quality through the upcoming reauthorization
of the Higher Education Act.
On January 24, 2002, with overwhelming bipartisan support,
the House passed a bill (S. 1762) backed by Rep. McKeon and
other Education and the Workforce committee members to ensure
the availability of affordable student loans. Under the
measure, the changes negotiated in 1998 are extended to 2006 to
ensure the ongoing availability of affordable student loans for
Americans aspiring to attend college. Interest rates for
student loans disbursed on or after July 1, 2006, are fixed at
6.8 percent, and parent loan interest rates are at 7.9 percent.
The bill, which was approved by the Senate on December 14,
2001, was signed into law by President Bush on February 8,
2002.
10. Helping Poor Schools Attract High-Quality Teachers
On October 1, 2002, the House approved H.R. 5091, the
``Canceling Loans to Allow School Systems to Attract Classroom
Teachers Act (CLASS ACT),'' a bill authored by Rep. Lindsey
Graham (R-SC) to address the nation's growing shortage of
qualified teachers by dramatically increasing the maximum
federal student loan forgiveness amount for Americans who enter
the teaching profession and teach in disadvantaged schools. The
Graham legislation will help schools in disadvantaged
communities recruit highly qualified teachers, providing them
with additional support in meeting the objectives of the No
Child Left Behind Act. The bill increases the maximum level of
federal student loan forgiveness for teachers from the current
maximum of $5,000 to a new level of $17,500. The bill places a
priority for providing loan forgiveness to those teaching
special education, mathematics, or science, or those teaching
in disadvantaged schools that need help in recruiting highly
qualified teachers. The Senate did not act on the Graham
legislation before November 2002, meaning the bill may return
as a congressional priority in the 108th Congress.
11. Record Support for Pell Grants in Higher Education
In August 2002, President Bush signed an emergency spending
bill supported by members of the House Education and the
Workforce Committee that includes an additional $1 billion in
funding for Pell Grants, the federal program that helps make it
possible for 4.4 million low-income U.S. students to realize
the dream of a higher education. The Pell Grant program in 2002
faced a significant funding shortfall, which Education and the
Workforce committee members called for congressional action to
address. The wartime budget proposed by President Bush for
FY2003 maintains the maximum Pell Grant at an historic high of
$4,000.
12. Student Loan Relief for U.S. Military Reservists
In October 2001, the House passed the Higher Education
Relief Opportunities for Students (HEROES) Act (H.R. 3086) by a
vote of 415-0. The Senate passed its version (S. 1793) of the
measure by unanimous consent on December 14; the House passed
S. 1793 by voice vote on December 19, 2001, and President Bush
signed the bill into law shortly thereafter. The bill, authored
by Rep. Buck McKeon (R-CA), gives the Education Secretary the
authority to grant waivers to military reservists who have been
called up for active duty, relieving them from making federal
student loan payments while they serve the nation's Armed
Forces. Similar authority was granted to the Education
Secretary during the Persian Gulf War in the early 1990s.
13. Ensuring School Lunch Eligibility for Military Children
In December 2001, the House passed a bill (H.R. 3216)
introduced by Rep. Mike Castle (R-DE) that modifies the
National School Lunch Act to ensure that children of military
personnel don't lose their eligibility for free or reduced-
priced meals if their military housing is privatized.Because of
an accounting quirk in current law, housing allowances for private
housing could be considered income, jeopardizing military children's
school lunch eligibility. The bill ensures these children will be able
to continue participating in the school lunch program. H.R. 3216 was
signed into law as part of a larger bill by President Bush on May 13,
2001.
14. Support for America's Minority-Serving Institutions
Rep. Peter Hoekstra (R-MI), Rep. Buck McKeon (R-CA), and
other members of the Select Education and 21st Century
Competitiveness subcommittees reached out to Historically Black
Colleges and Universities (HBCUs), Hispanic-Serving
Institutions (HSIs) and other minority-serving schools during
the 107th Congress, laying the groundwork for President Bush's
plans to boost aid to these key institutions. Successful field
hearings were held at Oklahoma's Langston University and Ohio's
Wilberforce University, and the House passed resolutions in the
fall of 2002 honoring the contributions of America's HBCUs and
HSIs.
President Bush and the 107th Congress provided significant
increases in aid for minority-serving institutions, supported
by Chairman Hoekstra, Chairman McKeon, and other committee
members. Federal aid for Historically Black Colleges and
Universities increased from $185 million in FY2001, the last
fiscal year of the Clinton Administration, to $206 million in
FY2002, the first fiscal year of President George W. Bush's
administration. Federal aid to Hispanic Serving Institutions
increased from $68.5 million in FY2001 to $86 million in
FY2002. Federal aid to Historically Black Graduate Institutions
increased from $45 million in FY2001 to $49 million in FY2002.
15. Reducing Red Tape for College Students and Colleges
In May 2001, Rep. Buck McKeon (R-CA) and the late Rep.
Patsy Mink (D-HI) launched the FED UP project (short for
``Upping the Effectiveness of Our Federal Student Aid
Programs''), using the Internet to identify and simplify
burdensome regulations in the Higher Education Act that work
against college students and personnel. The project received
approximately 3,000 responses from college officials,
administrators, and other personnel who operate America's
institutions of higher learning, laying the groundwork for
reauthorization of the Higher Education Act in the 108th
Congress. The website can be accessed at http://
edworkforce.house.gov/issues/107th/education/fedup/index.htm.
Bipartisan legislation (H.R. 4866, the FED UP Technical
Amendments Act of 2002) was introduced by Reps. McKeon and Mink
in June 2002, reflecting many of the changes recommended to
congressional leaders through FED UP. Unfortunately, the
legislation was opposed by the House Democrat leadership and
failed to pass on the House floor when it came to a vote in
July 2002.
In November 2002, Education Secretary Rod Paige and the
U.S. Department of Education announced a series of regulatory
reforms to reduce federal red tape in student aid programs. The
reforms were based on recommendations collected through the FED
UP project that did not require legislative action by Congress
to implement. Secretary Paige and his staff were enthusiastic
partners in the FED UP process, and committee members hope to
pass legislation addressing the FED UP project's unfinished
legislative business prior to or during reauthorization of the
Higher Education Act in the 108th Congress.
16. Ending Waste, Fraud & Abuse at the Education Department
Oversight hearings by Select Education Subcommittee
Chairman Pete Hoekstra (R-MI) during the spring of 2001
revealed that the U.S. Department of Education experienced at
least $450 million in waste, fraud and abuse during the last
three years of the Clinton Administration while failing three
consecutive department-wide audits. Hoekstra and other House
Republicans pushed forcefully during the 107th Congress for
accountability at the Department, and new Education Secretary
Rod Paige acted swiftly and decisively to develop guidelines to
combat the waste, fraud, and abuse that occurred at the agency
under the previous administration. In October 2001, Paige
announced a comprehensive action plan for putting the U.S.
Department of Education's management and financial house in
order based on more than 600 separate recommendations. The
initiative sought to restore the confidence of Congress and the
public in the Department of Education and to ensure that the
department became a responsible steward of taxpayers' funds,
the Secretary noted.
On October 31, 2002, Secretary Paige issued a status report
on the sweeping management improvements that have been made at
the U.S. Department of Education under his leadership. The
Department's efforts, Paige said, have helped the agency focus
on its core mission of raising the quality of education at all
levels for all children and adults.
``The management improvements we have implemented will help
the department move toward becoming a model agency of
management and program excellence,'' said Deputy Education
Secretary Bill Hansen, who leads the department's management
improvement efforts.
17. Expanding Internet Learning Opportunities in Higher
Education
In October 2001, the House approved the bipartisan Internet
Equity and Education Act (H.R. 1992), legislation authored by
Rep. Johnny Isakson (R-GA) that expands Internet-based and non-
standard term educational opportunities for postsecondary
students, while maintaining the integrity of the federal
student aid programs. The measure, which was passed in the
House by a vote of 354-70, would allow all learners to take
full advantage of what the newest technologies can provide for
their education. Despite bipartisan support for the legislation
in the House, the measure was not acted upon by the Senate.
18. More Freedom & Resources for Communities to Fight
Juvenile Crime
Ending six years of congressional gridlock on efforts to
reauthorize federal juvenile justice programs, the House in
October 2002 passed legislation by Rep. Jim Greenwood (R-PA)to
give states and local governments more freedom to reduce juvenile
crime. President Bush signed the bill into law on November 2, 2002. The
Greenwood legislation, which was developed in conjunction with Rep.
Bobby Scott (D-VA) and received bipartisan support, consolidates a
number of existing juvenile justice programs into a single, flexible
juvenile crime and delinquency prevention block grant for states and
local communities. The measure was passed in 2001 by the House Select
Education Subcommittee, chaired by Rep. Pete Hoekstra (R-MI), and later
passed by the full House Education and the Workforce Committee.
19. Protections for Abused Children & Victims of Family
Violence
On October 11, 2002, the House passed legislation, authored
by Select Education Subcommittee Chairman Pete Hoekstra (R-MI),
to prevent child abuse and family violence and protect and
treat abused and neglected children. The Hoekstra legislation
reauthorizes the Child Abuse Prevention and Treatment Act
(CAPTA), last reauthorized in 1996. The legislation, the
Keeping Children and Families Safe Act (H.R. 5601), resulted
from an agreement reached by House and Senate negotiators. An
earlier version of Rep. Hoesktra's bill was approved by the
subcommittee and full committee and passed the full House on
April 23, 2002.
H.R. 5601 builds upon changes made during the last CAPTA
reauthorization to ensure states have the necessary resources
and flexibility to properly address the prevention of child
abuse and neglect and family violence. It promotes partnerships
between child protective services and private and community-
based organizations to ensure assistance is provided in the
most effective manner for children caught in abusive
situations. In addition, the bill eliminates barriers to
permanent adoption and provides support to programs that place
older children in adoptive families. The bill authorizes $285
million for FY2003.
In addition to H.R. 5601, the House passed a resolution
offered by Education Reform Subcommittee Chairman Mike Castle
(R-DE) recognizing the importance of child safety and promoting
federal, state, and local partnerships to prevent the
victimization of children in the United States. The resolution
was approved by voice vote on October 1, 2002.
20. Exploring Solutions to Rising College Costs
The House Education & the Workforce Committee held
bipartisan hearings in 2002 on the alarming rate at which
college costs have risen in recent years, focusing in part on a
disturbing report by the Advisory Committee on Student
Financial Assistance entitled Empty Promises: The Myth of
College Access in America. According to the report, due to
financial barriers, nearly one-half of all college-qualified,
low- and moderate-income high school graduates fully prepared
to attend a four-year college will be unable to do so, and
170,000 of these students will attend no college at all.
Rep. Buck McKeon (R-CA), chairman of the 21st Century
Competitiveness Subcommittee, and other Education and the
Workforce Committee members are using the information gathered
through this process to lay the groundwork for reauthorization
of the Higher Education Act, which is expected to focus in part
on expanding access to college for all Americans. Many of these
efforts are detailed later in this report in the section
summarizing the activities of the 21st Century Competitiveness
Subcommittee.
The full committee held a hearing on October 3, 2002 to
examine the effects the increasing cost of a postsecondary
education has on students and families.
``As we approach the upcoming reauthorization of the Higher
Education Act, it is important for every member of this
committee to understand what is really happening with tuition
prices, what factors influence tuition increases, and what we
can do at the federal level to try to keep college affordable
for students across the country,'' Chairman Boehner said at the
hearing. ``It concerns me that at a time when we make available
far in excess of $50 billion a year in federal student
financial assistance, not to mention the billions of dollars
spent by states, philanthropies, and colleges and universities
themselves, parents and students are afraid they won't be able
to pay for college.''
While highlighting for the committee the various factors
that drive the cost of tuition--such as the amount of state
appropriations for public schools, salaries, technology
investments, and other factors--each of the witnesses at the
October 3, 2002 hearing expressed a commitment to working to
keep college accessible and affordable to every American.
Dr. Richard M. Freeland, the President of Northeastern
University in Boston, Massachusetts, told committee members:
``I regard access to quality higher education for young people
from all walks of life as a central value of American
democracy.''
Dr. C.D. Mote, Jr., the President of the University of
Maryland, added, ``Education leaders and policy-makers at the
state and federal levels must do everything in their power to
ensure that higher education, and the opportunity for a better
life, is financially accessible to all potential students.''
21. Overhauling AmeriCorps and Other Federal National &
Community Service Programs
On April 9, 2002, President Bush released a blueprint for
reforming and strengthening federal national and community
service programs. The principles outlined in this plan sought
to bring new accountability and state and local control to
service programs, and will help to sustain the post-September
11 civic spirit into the future. Select Education Subcommittee
Chairman Pete Hoekstra (R-MI) introduced the President's plan.
The Citizen Service Act (H.R. 4854), introduced by Chairman
Hoekstra on May 24, 2002, requires the Corporation for National
and Community Service (CNCS), which oversees AmeriCorps and
Senior Corps, to develop uniform procedures under national
service laws governing suspension or termination of assistance
to grantees, grievance procedures for AmeriCorps members, and
procedures governing disputes about displacement of members. It
also prohibits CNCS from making grants to federal agencies.
A top priority for the Bush Administration, the Citizen
Service Act also would ensure 80 percent of AmeriCorps funds
are administered at the state level through state formula and
state competitive grants. The remaining 20 percent would be
held at the federal level for national directs grants for
organizations such as Habitat for Humanity and Boys and Girls
Clubs.
The bill also makes changes to the VISTA (Volunteers in
Service to America) program to expand the types of
organizations recognized in the program to include civic,
community and educational organizations. It ends VISTA
operation as a federally conducted program and makes changes to
reflect that sponsoring organizations will be responsible for
recruiting and selecting VISTA members, with support from CNCS.
It also includes provisions for communities-served to provide
greater input on the design and implementation of projects in
their area.
On July 16, 2002, all 50 state governors sent a letter to
House and Senate leaders endorsing H.R. 4854. The Select
Education Subcommittee held two hearings on the national
service issue. The bipartisan bill, introduced with Select
Education Subcommittee Ranking Member Tim Roemer (D-IN) as an
original cosponsor, passed through the Select Education
Subcommittee by voice vote on June 5, 2002. The full Education
& the Workforce Committee passed the bill by voice vote on June
12, 2002.
22. Building on the Success of the 1996 Welfare Reform Law
In May 2002, the House passed the Personal Responsibility,
Work, and Family Promotion Act, which renews the landmark 1996
welfare reform law. The Education & the Workforce Committee
earlier in the year passed welfare reform legislation,
sponsored by Subcommittee Chairman Buck McKeon (R-CA), that was
later incorporated into the comprehensive welfare reform bill
that passed the House. Based on President Bush's blueprint, the
measure strengthens current work requirements and increases
child care funding. It also marks the second phase of welfare
reform that will help even more Americans find productive jobs.
One of the most successful reform laws ever enacted, the 1996
reforms have transformed the lives of millions of American
families and helped them achieve self-sufficiency.
Unfortunately, the Senate did not pass welfare reform
reauthorizing legislation, making it likely the issue will have
to be taken up again by the 108th Congress before the needed
changes can be enacted into law.
23. Supporting America's Libraries and Museums
The Museum and Library Services Act (MLSA), introduced by
Select Education Subcommittee Chairman Pete Hoekstra (R-MI) and
Rep. Tim Roemer (D-IN) on February 26, 2002, modifies and
streamlines current law to strengthen museum and library
services.
The legislation provides federal support for libraries and
museums across America in coordination with state, local, and
private efforts. The bill also ensures library services are
coordinated with activities under the No Child Left Behind Act
that President Bush signed into law on January 8, 2002.
The Select Education Subcommittee passed the bill by voice
vote on March 6, 2002. The full committee approved the bill by
voice vote on March 20, 2002.
24. Honoring the Contributions of the Late Rep. Patsy T.
Mink
On September 28, 2002, members of the Education and the
Workforce committee were saddened to learn of the death of a
longtime colleague, Rep. Patsy Mink (D-HI). At the time of her
passing, Rep. Mink was serving as the ranking Democrat member
of the Subcommittee on 21st Century Competitiveness. She had
worked closely with members of both parties during the 107th
Congress on important topics such as welfare reform, reducing
federal red tape higher education, and the elementary and
secondary education reforms in the No Child Left Behind Act
(H.R. 1).
In a statement issued the morning following her death,
Chairman Boehner remembered Rep. Mink as ``a vibrant,
passionate, and effective voice for the principles she believed
in.''
Rep. Mink spent most of her life serving her beloved state
of Hawaii and the people of the United States, Boehner noted.
Her service to the nation as a member of the House came in two
chapters: she first served there from January 1965 to January
1977; then she returned more than a decade later, in 1990, to
resume her work on behalf of her constituents.
On October 2, 2002, the full committee unanimously passed a
resolution (H.J. Res. 113) offered by Rep. George Miller (D-
CA), the committee's ranking Democrat member, honoring Rep.
Mink's lifetime of service by naming Title IX of the Education
Amendments of 1972, which is intended to prohibit women and men
from being discriminated against in public education on the
basis of gender, in her honor. The House approved the
resolution on October 9, 2002; the Senate followed suit on
October 11, 2002. President Bush signed the resolution into law
on October 29, 2002.
``I believe Mr. Miller's resolution is an appropriate
tribute to our former colleague and the legacy she leaves
behind,'' Chairman Boehner said. ``Patsy Mink's passing is a
significant loss for our committee, the people of Hawaii, and
the people of the United States * * * She will be greatly
missed.''
25. Honoring Catholic Schools
On January 29, 2002, the House passed a resolution authored
by Rep. Bob Schaffer (R-CO) to recognize and honor the
contributions of America's Catholic schools. For the 1999-2000
academic year, Catholic schools enrolled more than 2.6 million
children in more than 8,000 Catholic schools across the
country. The typical student-teacher ratio is 17 to 1.
26. Honoring Charter Schools
On April 30, 2002, the House approved a resolution by Rep.
Ric Keller (R-FL) honoring the 10th anniversary of the opening
of the nation's first charter school in Minnesota, and
recognizing the contributions charter schools have made to
strengthen America's public school system. The resolution,
passed in honor of National Charter Schools Week, recognizes
that charter schools have proven to be successful by giving
parents the right to choose the best education possible for
their children and providing innovative practices with proven
results.
27. Higher Education Act (HEA) Reauthorization Website
In late 2002, to prepare for the upcoming reauthorization
of the Higher Education Act (HEA), the committee launched a HEA
reauthorization website to solicit input from students,
teachers, parents, administrators, legislators, community
leaders, and others concerned about improving access and
quality in higher education. The website is modeled on the
successful FED UP and ``Great IDEAs'' websites launched earlier
by committee members during the 107th Congress.
28. Spanish Language Website for No Child Left Behind
A key goal of the No Child Left Behind Act (H.R. 1) is
transforming federal bilingual education programs to focus on
helping limited English proficient children learn English. Some
Hispanic American parents may not be fluent in English
themselves, but still want their children to have the chance to
learn and master English early in their educational
development. To help such parents learn about the new options
they receive from President Bush's education reforms, the
committee in 2001 launched a Spanish language version of its No
Child Left Behind website. In doing so, the House Education and
the Workforce Committee became the first congressional
committee to launch a Spanish language website.
B. ACCOMPLISHMENTS: WORKFORCE POLICY
Tremendous energy and attention was devoted during the
107th Congress to the needs of American workers and their
families. President Bush and members of the House Education and
the Workforce Committee worked successfully on multiple fronts
to modernize federal labor laws and help working families meet
the challenges they face in the modern economy--from
strengthening pension security and improving health care to
building upon the success of the 1996 welfare reforms and
providing emergency relief for workers displaced by the
September 11 attacks.
Highlights: Workforce accomplishments, January 2001-October 2002
A quick summary of some of the major actions taken by
President Bush and the House Education and the Workforce
Committee during the 107th Congress to help the American
worker:
1. Enhancing Pension Security for American Workers
In his 2002 State of the Union Address, President Bush
called on Congress to enact important new safeguards to protect
the pensions of millions of American workers in the wake of the
Enron collapse. Led by the House Committee on Education and the
Workforce, the House responded quickly and decisively to the
President's call, taking action to restore investor confidence
in the nation's pension system. The House passed the bipartisan
Pension Security Act (H.R. 3762), authored by Reps. John
Boehner (R-OH) and Sam Johnson (R-TX), on April 11, 2002.
Forty-six House Democrats joined Republicans in voting to pass
the bill.
The Pension Security Act would give workers unprecedented
new retirement security protections and would have helped to
protect thousands of Enron and WorldCom employees who lost
their savings during their companies' collapses had it been
law. The Pension Security Act includes new safeguards and
options to give workers new freedoms to diversify their
retirement savings within three years; expand worker access to
investment advice to help them manage their retirement
accounts; empower workers to hold company insiders accountable
for abuses; and give workers better information about their
pensions.
In July 2002, President Bush signed into law two Pension
Security Act provisions as part of the bipartisan Sarbanes-
Oxley corporate accountability law. The provisions bar company
insiders from selling their own stock during blackout periods
when workers can't make changes to their 401(k)s, and require
pension plan administrators to notify workers 30 days before
the start of any blackout period.
Unfortunately, the remaining provisions of the Pension
Security Act--including provisions allowing workers to
diversify their savings within three years--were not acted upon
by the Senate. Congressional leaders have signaled pension
reform will be a top priority for the 108th Congress if the
Pension Security Act is not sent to President Bush in 2002.
2. Giving Workers Access to Retirement Savings Investment
Advice
Even before the Enron collapse, the Education & the
Workforce Committee was looking at ways to give workers more
tools to protect and enhance their retirement savings. On
November 15, 2001, the House passed the Retirement Security
Advice Act (H.R. 2269), with the strong support of 64
Democrats. The measure was later passed again by the House as
part of the Pension Security Act, H.R. 3762.
The bill, authored by Rep. John Boehner (R-OH), would
modernize federal pension law to encourage employers to provide
rank-and-file workers with access to professional investment
advice regarding their 401(k) and pension savings accounts.
Boehner noted corporate executives can afford to hire
professional investment advisors to help manage their
retirement savings, but few working families can afford such a
luxury. The 1974 Employee Retirement Income Security Act
(ERISA) creates barriers that currently prevent employers and
investment advisers from providing individualized investment
advice to workers. As a result, many rank-and-file workershave
to fend for themselves in a sea of confusing and conflicting investment
information. H.R. 2269 gives rank-and-file workers the same type of
quality investment advice that corporate insiders already receive. The
bill allows employers to provide their workers with access to
professional investment advice as long as advisers meet strict
disclosure requirements and adhere to new fiduciary safeguards to
ensure workers receive advice solely in their best interests.
3. Building on the Success of the 1996 Welfare Reform Law
In May 2002, the House passed the Personal Responsibility,
Work, and Family Promotion Act, which renews the landmark 1996
welfare reform law. The Education & the Workforce Committee
earlier in the year passed welfare reform legislation,
sponsored by Subcommittee Chairman Buck McKeon (R-CA), that was
later incorporated into the comprehensive welfare reform bill
that passed the House. Based on President Bush's blueprint, the
measure strengthens current work requirements and increases
child care funding. It also marks the second phase of welfare
reform that will help even more Americans find productive jobs.
One of the most successful reform laws ever enacted, the 1996
reforms have transformed the lives of millions of American
families and helped them achieve self-sufficiency.
Unfortunately, the Senate did not pass welfare reform
reauthorizing legislation before November 2002, making it
likely the issue will have to be taken up again by the 108th
Congress before the needed changes can be enacted into law.
4. Norwood-Fletcher Patients' Bill of Rights
Ending six years of congressional gridlock on the difficult
issue of HMO patient protection, in August 2001 the House
approved a compromise patients' bill of rights negotiated by
President Bush and two members of the House Education & the
Workforce Committee, Dr. Charlie Norwood (R-GA) and Dr. Ernie
Fletcher (R-KY). The House-passed patients' bill of rights
would hold health plans accountable while preventing frivolous,
unlimited lawsuits against employers and unions who voluntarily
provide health coverage to families. The measure would also
give patients a rapid medical review process for disputed
denials of care, ensuring medical decisions will be made by
independent doctors and physicians, not lawyers or HMO
bureaucrats.
Unfortunately, congressional leaders were unable to agree
on a final compromise that would send the White House-Norwood-
Fletcher legislation to the President's desk. At issue, in
large part, was the fact that the Norwood-Fletcher bill passed
by the House included a reasonable cap on trial lawyers'
ability to profit from multi-million dollar health care
lawsuit. The cap was a priority for members of Congress
concerned about rising health costs, which would be driven
higher by unlimited lawsuits, further increasing the number of
Americans without health coverage.
5. Addressing the Rising Costs of Health Care and the
Uninsured
The House Employer-Employee Relations Subcommittee, chaired
by Rep. Sam Johnson (R-TX), held a series of hearings during
the 107th Congress on how employers and employees are
responding to rising health care costs, which rose 13 percent
in 2001, and how those costs have contributed to the decline in
health care coverage. According to figures released by the U.S.
Census Bureau, the number of Americans who have no health
insurance increased to 41.2 million Americans in 2001, an
increase of 1.4 million people. The statistics also show the
share of the population covered by employer-sponsored health
care coverage declined from 64 to 63 percent.
Chairman Johnson and other committee members argued
forcefully that instead of focusing on new mandates on
employers or health care providers, Congress should focus on
real solutions that make it easier for small employers to offer
more benefits, and creating new options that expand consumer
choice. One solution highlighted was the Small Business Health
Fairness Act (H.R. 1774), a bill sponsored by Rep. Ernie
Fletcher (R-KY) to create association health plans (AHPs) to
allow small businesses to pool their resources to purchase
health insurance. Small firms, advocates argued, deserve the
opportunity to obtain high quality health insurance that is
competitively priced. Giving consumers more choice and more
control, and better information to help them make the choices
that are right for them, will help to create a more affordable,
more efficient, and more desirable health system for employers
and employees. The EER Subcommittee hearings laid the
groundwork for what could be significant legislative action in
the next Congress to expand access to quality health care for
millions of Americans.
6. Repeal of Flawed Ergonomics Regulations
In March 2001, Congress and President Bush took action to
help employees and employers alike by repealing the flawed
``ergonomics safety'' rule that was imposed in November 2000 as
one of the Clinton Administration's parting acts. The
regulation--one of the most complex, burdensome, and
questionable rules in the 30-year history of the Occupational
Safety and Health Administration (OSHA)--would have saddled six
million employers and 93 million employees with restrictive new
rules at a time when America's economy was already showing
signs of a slowdown. The repeal of this unworkable, one-size-
fits-all regulation allowed the Labor Department to begin
development of a responsible and comprehensive approach that
truly protects the interests of workers and employers.
7. Emergency Relief for Displaced U.S. Workers
On August 6, 2002, President Bush signed into law the Trade
Promotion Authority and Trade Adjustment Assistance Act, which
incorporated key elements of his ``Back-to-Work'' proposal,
first offered during the fall of 2001 to expand the federal
safety net for workers displaced by the September 11 attacks
and its economic aftershocks. The Back to Work plan authorizes
and appropriates $510 million in special National Emergency
Grants (NEGs), administered by the Secretary of Labor, to help
displaced workers maintain health coverage, obtain childcare
assistance, and receive job training as the economy recovers
from its current slowdown. It also appropriates $60 million for
these grants in the first year. The Back to Work Act (H.R.
3112)was originally introduced by Reps. John Boehner (R-OH),
Sam Johnson (R-TX), and Buck McKeon (R-CA), in October 2001. The full
committee also held hearings on the topic, including one with Labor
Secretary Elaine Chao, to emphasize the need to utilize existing
programs to help displaced workers instead of creating new
bureaucracies.
8. Holding Union Leaders Accountable to Rank-and-File
Members
As hearings by the Employer-Employee Relations Subcommittee
revealed during the 107th Congress, many labor unions fail to
notify their members of their democratic rights guaranteed them
under the 1959 Labor Management Reporting and Disclosure Act
(LMRDA), undermining accountability and leaving rank-and-file
union members in the dark about their rights under the law.
Federal labor law is intended to ensure that rank-and-file
union members have a full, equal, and democratic voice in union
affairs. Armed with knowledge, union members will have better
tools to elect leaders who work in their best interest--and to
hold accountable union officials who serve their own interests.
To bolster this effort, the Employer-Employee Relations
Subcommittee, chaired by Rep. Sam Johnson (R-TX), passed three
bills designed to ensure the rights of rank-and-file union
members are protected. The Labor Management Accountability Act
(H.R. 4054) for the first time allows the Labor Secretary to
assess civil penalties on unions and employers that either file
late, or fail to file altogether, financial disclosure reports
that give union members vital information about how union
leaders spend their dues. The Union Members' Right to Know Act
(H.R. 5374) clarifies unions must disclose to union members
certain information about their rights, such as member dues,
membership rights, disciplinary procedures, the election and
removal of union officers, and other democratic rights.
Finally, the Union Member Information Enforcement Act (H.R.
5373) authorizes the Labor Secretary to investigate union
member complaints of a union's failure to meet these disclosure
requirements and bring suit on their behalf to enforce the law.
9. Assessing the Economic Impact of the Western Port Labor
Dispute
The Employer-Employee Relations Subcommittee, chaired by
Rep. Sam Johnson (R-TX), held a hearing in October 2002
focusing on the economic impact of the Western port labor
dispute between the International Longshore and Warehouse Union
and the Pacific Maritime Association. The work stoppage had a
damaging impact on all sectors of the nation's economy. Some
experts say it cost the U.S. economy $2 billion each day the
ports remain closed. The committee heard from a mass retailer
and manufacturer to assess the impact of the labor dispute.
President Bush later invoked the Taft-Hartley Act to institute
an 80-day ``cooling off'' period and reopen the ports. The
President's decision sided with America's workers so that the
work stoppage would not further damage the economy.
10. Protecting the Beck Rights of Union Members
More than a dozen years have passed since the U.S. Supreme
Court's ruling in Communication Workers v. Beck that should
protect union members from being forced to see their dues money
used to support political causes with which they genuinely
disagree. But in practice, the Beck decision is rarely
enforced, and individual workers still find themselves unable
to freely exercise their rights. Workforce Protections
Subcommittee Chairman Charles Norwood (R-GA) held several
hearings during the 107th Congress on the enforcement (or lack
of enforcement) of worker rights under the Beck decision.
11. Opposing Efforts To Cut Pension Protection Enforcement
Funding
Pension protection enforcement became a key issue during
the 107th Congress in the wake of corporate collapses in which
thousands of workers lost their pensions and retirement
savings. In July 2002, Senate appropriators passed legislation
cutting $3 million in pension enforcement funding from the
Department of Labor's Pension & Welfare Benefits Administration
(PWBA) to create a new, vaguely defined ``participant
advocacy'' office. Education and the Workforce Committee
members noted these cuts would undermine ongoing Department
efforts to safeguard the retirement savings of millions of
American workers, and vowed to work with House appropriators to
stop the cuts. Assistant Secretary of Labor Ann Combs warned
before the House Employer-Employee Relations Subcommittee that
DOL enforcement efforts could be compromised if critical
resources were siphoned off to create a new, duplicative
regulatory office. Committee members worked aggressively to
maintain this funding so DOL could effectively safeguard
pension and retirement plans.
12. Examining the Federal Mental Health Parity Law
The Employer-Employee Relations Subcommittee, chaired by
Rep. Sam Johnson (R-TX), held a hearing in 2002 to examine the
current federal mental health parity law, state laws that
impact the issue, and the implications of expanding federal
mental health parity for both employers as payers and employees
as patients. Members were able to hear concerns by both
advocates pushing for additional mandates as well as employers
who are concerned about increasing the costs of health care,
thereby jeopardizing workers' existing benefits. Members agreed
legislative efforts to address the mental health parity issue
must not discourage employers from voluntarily providing health
care benefits to their employees.
13. Safeguarding the Future of Retiree Health Benefits
Led by chairman Sam Johnson (R-TX), the Employer-Employee
Relations Subcommittee held a series of hearings during the
107th Congress to examine the issue of health care coverage for
retirees. With the changing nature of the workforce and the
retiree population, it is becoming increasingly more difficult
for employers to meet the health or long-term care needs of
their workers while remaining competitive at the global level.
Retiree health costs impose a growing burden on various
industries, and the Subcommittee examined how some employers
areimplementing innovative solutions to balance their
employees' retiree health needs with today's financial realities.
14. Examining Federal and State Genetic Non-Discrimination
Laws
The House Education & the Workforce Committee took an
extensive look at current laws and regulations, federal and
state, that protect employees from genetic discrimination and
govern the use of genetic information in employer-sponsored
health plans. The committee examined efforts already being
taken by employers to ban genetic discrimination, and learned
about the effectiveness of current laws. Witnesses urged
Congress to proceed cautiously before crafting any new
mandates.
15. Exploring Remedies to America's National Nursing
Shortage
Exploring an important issue that gained new attention in
the wake of the September 11 attacks, the Education and the
Workforce Committee held a full committee hearing in 2001 to
examine the causes and impact of the national nursing shortage
as well as possible remedies for Congress to consider.
Hospitals are facing a growing shortage of qualified,
experienced nursing professionals, and are increasingly
challenged to find new ways to recruit and retain nurses. The
House later passed the Energy & Commerce Committee-reported
bill, the Nurse Reinvestment Act (H.R. 3487), which addresses
the nation's nursing shortage through nursing education and
recruitment programs. President Bush signed the measure into
law on August 1, 2002.
16. Bipartisan Portman-Cardin Pension Reforms
In 2001, even before the Enron collapse, Congress
overwhelmingly approved an important retirement security and
pension reform bill authored by Reps. Rob Portman (R-OH) and
Ben Cardin (D-MD). The measure, passed by the House Education &
the Workforce Committee and signed into law by President Bush,
makes it easier for American workers to save more for
retirement. Highlights of the legislation include increasing
IRA contribution limits, faster vesting for employer matching
contributions, enhancing pension portability, providing
additional catch-up contributions for workers over age 50, and
encouraging small business to offer pension plans. The House
also voted to make the bipartisan Portman-Cardin reforms
permanent, but the Senate did not act on the measure.
17. Helping Parents Balance Demands of Family and Work
Rep. Judy Biggert (R-IL) introduced the Working Families
Flexibility Act (H.R. 1982) to give working men and women more
power and control over their lives by allowing them, through an
agreement with their employer, to choose paid time off as
compensation for working overtime hours. This flexible working
arrangement, known as `comp time,' is designed to help working
men and women achieve a greater balance between family and work
obligations. The House Workforce Protections Subcommittee,
chaired by Rep. Charlie Norwood (R-GA), held hearings during
the 107th Congress on the benefits of compensatory time. The
hearings revealed that current federal law doesn't meet the
needs of today's workforce and showed that the benefits of
various flexible work schedules, already available to public
sector employees, could easily be extended to their private
sector counterparts. The Biggert legislation and Workforce
Protections hearings laid the groundwork for what could be
significant legislative action by the House Education & the
Workforce committee in the next Congress to help Americans
balance the competing demands of home and the workplace.
18. Improving the Benefits Process for Black Lung Victims
On October 9, 2002, the House unanimously passed the Black
Lung Consolidation of Administrative Responsibilities Act (H.R.
5542)--sponsored by Rep. Melissa Hart (R-PA)--which
consolidates the administration of Black Lung workers'
compensation benefits within the Department of Labor (DOL),
allowing the department to provide medical benefits to former
miners more efficiently and effectively. The measure, which
passed the House by a vote of 404-0, was signed into law by
President Bush on November 2, 2002. By streamlining
bureaucracy, DOL can devote more resources to making prompt
claims decisions and timely benefit payments to beneficiaries.
This common sense solution improves the administration of
benefits while ensuring that Black Lung victims continue to
receive a high level of customer service.
19. Modernizing Federal Law for 21st Century Employees
The Subcommittee on Workforce Protections on June 27, 2001
approved H.R. 2070, the Sales Incentive Compensation Act,
introduced by Rep. Patrick Tiberi (R-OH) and Rep. Robert E.
Andrews (D-NJ). H.R. 2070 addresses the problem of fitting 21st
Century salespeople into a law crafted for a 1938 workforce by
amending the Fair Labor Standards Act (FLSA) to provide a new
exemption under the law for certain types of salespeople,
enabling them to be more efficient, effective, and productive.
Since many of these employees are now covered by a 40-hour
workweek, current law has the unintended effect of placing a
ceiling on their income because they do not have the
flexibility or the choice to work additional hours in order to
generate more sales and earn more commissions.
20. Helping Workers Get Extra Pay for Extra Effort
Rep. Cass Ballenger (R-NC) in 2001 introduced the Rewarding
Performance in Compensation Act (H.R. 1602), a bill to
encourage employers to offer bonus pay to their workers.
Employers have found that rewarding workers for high quality
work improves performance and the ability of the company to
compete. A hearing by the Workforce Protections Subcommittee,
presided over by subcommittee vice-chair Judy Biggert (R-IL),
revealed that while the Fair Labor Standards Act (FLSA) does
not prohibit employers from providing these types of rewards,
it makes it difficult and confusing to do so.
21. Subcommittee Examines OSHA Rulemaking and Exposure
Limits
The Workforce Protections Subcommittee, chaired by Rep.
Charlie Norwood (R-GA), held a series of hearings during the
107th Congress on the strengths and weaknesses of the
Occupational Safety & Health Administration (OSHA)'s current
rulemaking procedures. The subcommittee took a more specific
look at how private consensus standard setting organizations
may be better able to work with OSHA, both in OSHA's rulemaking
process and also in providing their technical expertise in
partnerships with OSHA. Chairman Norwood's panel also explored
ways to build consensus on updating federal rules on employee
exposure to airborne contaminants and the process that
determines those rules. Called permissible exposure levels, or
PELs, these workplace standards are governed by OSHA. Current
PELs were adopted in 1971 and haven't been updated since.
C. ARCHIVING & LIVE WEB STREAMING OF ALL COMMITTEE HEARINGS
In an effort to improve public access to committee
activities and resources, the Education and the Workforce
Committee began live webstreaming of all committee hearings
during the 107th Congress, including education-related
hearings. As a result of this innovation, anyone with a web
browser and an audio-video equipped home or office computer can
follow committee hearings live over the Internet. Video
archiving of committee hearings has also begun as a result of
this new technology.
D. OVERSIGHT PLAN AND ACTIVITIES DURING THE 107TH CONGRESS
Pursuant to House Rule XI, Clause 1, the following
specifies the oversight plan activities and are discussed
within the body of this report. Under House Rule X 2(d)(1),
each standing committee of the U.S. House of Representatives is
required to formally adopt an oversight plan at the beginning
of each session of Congress. Specifically, Rule X, 2(d)(1)
states in part:
``Not later than February 15 of the first session of a
Congress, each standing committee of the House shall, in a
meeting that is open to the public and with a quorum present,
adopt its oversight plan for that Congress. Such plan shall be
submitted simultaneously to the Committee on Government Reform
and to the Committee on House Administration.''
Under Rule X of the Rules of the House, the Committee on
Education and the Workforce (Committee) is vested with
jurisdiction over issues dealing with students, education,
workers, and workplace policy, including, but not limited to:
1. Child Labor.
2. Gallaudet University and Howard University and
Hospital.
3. Convict labor and the entry of goods made by
convicts into interstate commerce. Food programs for
children in schools.
4. Labor standards and statistics.
5. Education or labor generally.
6. Mediation and arbitration of labor disputes.
7. Regulation or prevention of importation of foreign
laborers under contract.
8. Workers' compensation.
9. Vocational rehabilitation.
10. Wages and hours of labor.
11. Welfare of miners.
12. Work incentive program.
Accordingly, the Committee is responsible for overseeing
approximately 24,000 federal employees and more than $125
billion in annual spending. More importantly, it is charged
with evaluating whether federal education programs are
contributing favorably to our children's education, whether we
are creating a process of life-long learning, and whether we
are developing workplace policies that encourage the most
productive and competitive workplaces in the world.
3. General Oversight Responsibilities
According to House Rule X 2(a):
The various standing committees shall have general
oversight responsibilities as provided in paragraph (b)
in order to assist the House in--(1) its analysis,
appraisal, and evaluation of--
(A) the application, administration, execution, and
effectiveness of Federal laws; and
(B) conditions and circumstances that may indicate
the necessity or desirability of enacting new or
additional legislation; and
(2) its formulation, consideration, and enactment of
changes in Federal laws, and of such additional
legislation as may be necessary or appropriate. (b)(1)
In order to determine whether laws and programs
addressing subjects within the jurisdiction of a
committee are being implemented and carried out in
accordance with the intent of Congress and whether they
should be continued, curtailed, or eliminated, each
standing committee (other than the Committee on
Appropriations) shall review and study on a continuing
basis--
(A) the application, administration, execution, and
effectiveness of laws and programs addressing subjects
within its jurisdiction;
(B) the organization and operation of Federal
agencies and entities having responsibilities for the
administration and execution of laws and programs
addressing subjects within its jurisdiction.
4. Exercise of Oversight Responsibilities
The Committee has taken seriously its responsibility to conduct
oversight and investigations. The Committee, in its commitment
to ensuring that government agencies, departments and programs
within in its jurisdiction:
Focused on an appropriate federal mission;
Worked in an effective and efficient manner; and,
Consistently followed Congressional intent in their
respective activities and operations.
Accordingly and in keeping with the Rules of the House and the
principles of oversight and investigations, the Committee
identified six major projects for the 107th Congress. These
projects adopted in the Committee's oversight plan were:
Financial Management in the Department of Education
Department of Labor Issues
Twenty-First Century Workforce Issues
Welfare Reform
Elementary and Secondary Education Reform
Higher Education
II. Hearings Held by the Committee
107th Congress, First Session
February 16, 2001--Hearing on ``Flexibility,
Accountability, and Quality Education'' in Bradenton, Florida
(107-1).
February 20, 2001--Hearing on ``Reading and Accountability:
Improving 21st Century Schools'' in Marietta, Georgia (107-2).
March 1, 2001--Hearing on ``State Leadership in Education
Reform'' (107-3).
March 2, 2001--Hearing on ``Improving Academic Achievement
with Freedom and Accountability'' in Chicago, Illinois (107-4).
March 7, 2001--Hearing on ``Leave No Child Behind'' (107-
5).
March 28, 2001--Members' Day hearing on ``No Child Left
Behind'' (107-9).
March 29, 2001--Hearing on H.R. 1, H.R. 340 and H.R. 345,
``Transforming the Federal Role in Education for the 21st
Century'' (107-10).
September 25, 2001--Hearing on ``The Nursing Shortage:
Causes, Impact, and Innovative Remedies'' (107-31).
October 4, 2001--Hearing on ``Overidentification Issues
Within the Individuals with Disabilities Education Act and the
Need for Reform'' (107-32).
October 16, 2001--Hearing on ``Economic Recovery and
Assistance to Workers'' (107-34).
November 13, 2001--Hearing on ``Closing the Achievement Gap
by Improving Reading Instruction'' in Orlando Florida (107-41).
November 14, 2001--Hearing on Economic Recovery and
Assistance to Workers--Minority Day (107-40).
107th Congress, Second Session
February 6, 2002--Hearing on ``The Enron Collapse and Its
Implications for Worker Retirement Security, Part (107-42).
February 7, 2002--Hearing on ``The Enron Collapse and Its
Implications for Worker Retirement Security, Part II (107-42).
April 9, 2002--Hearing on ``Working Toward Independence:
the Administration's Plan to Build upon the Successes of
Welfare Reform'' (107-54).
April 16, 2002--Hearing on ``Equal Educational Choices for
Parents'' (107-58).
June 25, 2002--Hearing on ``The First Tee: Building
Character Education'' (107-68).
July 10, 2002--Hearing on ``Reforming the Individuals with
Disabilities Education Act: Recommendations from the
President's Commission on Excellence in Special Education''
(107-70).
July 16, 2002--Hearing on ``Access to Higher Education for
Low-Income Students: A Review of the Advisory Committee on
Student Financial Assistance Report on College Access'' (107-
71).
July 23, 2002--Hearing on ``What's Next for School
Choice?'' (107-73).
July 24, 2002--Hearing on Implementation of the ``No Child
Left Behind Act'' (107-75).
October 3, 2002--Hearing on ``The Rising Price of a Quality
Postsecondary Education: Fact or Fiction'' (107-83).
III. Markups Held by the Committe
107th Congress, First Session
February 7, 2001--Organizational Markup. Committee Rules
for the 107th Congress were adopted by a vote of 24-20.
Announcement of Subcommittee Assignments.
March 21, 2001--Committee Oversight Plan for the 107th
Congress and an amendment to the Committee Rules were each
adopted by unanimous consent.
April 26, 2001--H.R. 10, Comprehensive Retirement Security
and Pension Reform Act of 2001--ordered favorably reported as
amended by voice vote.
May 2, 3, 9, 2001--H.R. 1, No Child Left Behind Act of
2001--ordered favorably reported amended by a vote of 41-7.
August 1, 2001--H.R. 1992, Internet Equity and Education
Act of 2001--ordered favorably reported as amended by a vote of
31-10. H.R. 1900, Juvenile Crime Control and Delinquency
Prevention Act of 2001--ordered favorably reported as amended
by a vote of 41-2.
October 3, 2001--H.R. 2269, Retirement Security Advice Act
of 2001--ordered favorably reported as amended by a vote of 29-
17.
107th Congress, Second Session
March 20, 2002--H.R. 3762, Pension Security Act of 2002--
ordered favorably reported, as amended by a vote of 28-19. H.R.
3784, Museum and Libraries Services Act of 2002--ordered
favorably reported, as amended by voice vote. H.R. 3801,
Education Sciences Reform Act of 2002--ordered favorably
reported, as amended by voice vote. H.R. 3839, Keeping Children
and Families Safe Act of 2002--ordered favorably reported, as
amended by voice vote.
May 1, 2, 2002--H.R. 4092--Working Toward Independence Act
of 2002--ordered favorably reported, as amended by a vote of
25-20.
June 12, 2002--H.R. 4854--Citizen Service Act of 2002--
ordered favorably reported, as amended by voice vote.
September 5, 2002.--H.R. 5091, ``Canceling Loans to Allow
School Systems to Attract Classroom Teachers Act'' was ordered
favorably reported, as amended to the House by voice vote.
October 2, 2002--H.J. Res. 113--Recognizing the
Contributions of Pasty Mink--ordered favorably reported by
Unanimous Consent.
IV. LEGISLATIVE ACTIVITIES
A. LEGISLATION ENACTED INTO LAW
(BILLS REFERRED TO COMMITTEE)
H.R. 1 (P.L. 107-110) To close the achievement gap with
accountability, flexibility, and choice, so that no child is
left behind. Sponsor: Rep. Boehner, John A.
Provisions of the following bills (H.R. 59 through H.R.
1163) were enacted as part of H.R. 1 (P.L. 107-110):
H.R. 59: To establish a program of grants for supplemental
assistance for elementary and secondary school students of
limited English proficiency to ensure that they rapidly develop
proficiency in English while not falling behind in their
academic studies. Sponsor: Rep. Dreier, David.
H.R. 61: To promote youth financial education. Sponsor:
Rep. Dreier, David.
H.R. 100: To establish and expand programs relating to
science, mathematics, engineering, and technology education,
and for other purposes. Sponsor: Rep. Ehlers, Vernon J.
H.R. 101: To amend the Elementary and Secondary Education
Act of 1965 to establish and expand programs relating to
science, mathematics, engineering, and technology education,
and for other purposes. Sponsor: Rep. Ehlers, Vernon J.
H.R. 116: To establish a program to promote child literacy
by making books available through early learning and other
child care programs, and for other purposes. Sponsor: Rep.
Holt, Rush D.
H.R. 117: To improve the quality and scope of science and
mathematics education. Sponsor: Rep. Holt, Rush D.
H.R. 228: To improve character education programs. Sponsor:
Rep. Bob Ethridge.
H.R. 385: To amend the Elementary and Secondary Education
Act of 1965 to provide for parental notification and consent
prior to enrollment of a child in a bilingual education program
or a special alternative instructional program for limited
English proficient students. Sponsor: Rep. Thomas G. Tancredo.
H.R. 490: To give gifted and talented students the
opportunity to develop their capabilities. Sponsor: Rep.
Gallegely, Elton.
H.R. 573: To provide grants to State educational agencies
and local educational agencies for the provision of classroom-
related technology training for elementary and secondary school
teachers. Sponsor: Rep. Capps, Lois.
H.R. 611: To amend part F of the Title X of the Elementary
and Secondary Education Act of 1965 to improve and refocus
civic education, and for other purposes. Sponsor: Rep. Kildee,
Dale E.
H.R. 613: To provide a grant to develop initiatives and
disseminate information about character education, and a grant
to research character education. Sponsor: Rep. Smith, Lamar.
H.R. 623: To provide funds to assist homeless children and
youth. Sponsor: Rep. Biggert, Judy.
H.R. 630: To provide grants for cardiopulmonary
resuscitation (CPR) training in public school. Sponsor: Rep.
Capps, Lois.
H.R. 637: To amend the Elementary and Secondary Education
Act of 1965 to eliminate the funding limitation applicable to
grants for special alternative instructional programs under
subpart I of part A of title VII of such Act. Sponsor: Rep.
Flake, Jeff.
H.R. 692: To amend subpart 2 of part J of title X of the
Elementary and Secondary Education Act of 1965 to make
improvements to the rural education achievement program.
Sponsor: Rep. Osborne, Tom.
H.R. 719: To amend the Elementary and Secondary Education
Act of 1965 to ensure that senior citizens are given an
opportunity to serve as mentors, tutors, and volunteers for
certain programs. Sponsor: Rep. Wu, David.
H.R. 790: To amend the Safe and Drug-Free Schools and
Communities Act of 1994 to prevent the abuse of inhalants
through programs under that Act, and for other purposes.
Sponsor: Rep. Hooley, Darlene.
H.R. 899: To amend the Juvenile Justice and Delinquency
Prevention Act 1974, and the Safe and Drug-Free Schools and
Communities Act of 1994, to allow grants received under such
Acts to be used to establish and maintain school safety
hotlines. Sponsor: Rep. Tancredo, Thomas G.
H.R. 949: To provide funds to States to establish and
administer periodic teacher testing and merit pay programs for
elementary and secondary schoolteachers. Sponsor: Rep.
Fossella, Vito.
H.R. 958: To assist local educational agencies in financing
and establishing alternative education systems, and for other
purposes. Sponsor: Rep. Kildee, Dale E.
H.R. 966: To prohibit the Federal Government from planning,
developing, implementing, or administering any national teacher
test or method of certification and from withholding funds from
States or local educational agencies that fail to adopt a
specific method of teacher certification. Sponsor: Rep. Paul,
Ron.
H.R. 970: To amend the Safe and Drug-Free Schools and
Communities Act of 1994 to provide comprehensive technical
assistance and implement prevention programs that meet a high
scientific standard of program effectiveness. Sponsor: Rep.
Tierney, John F.
H.R. 972: To amend the Elementary and Secondary Education
Act of 1965 to strengthen the involvement of parents in the
education of their children, and for other purposes. Sponsor:
Rep. Lynn Woolsey.
H.R. 1036: To amend the Elementary and Secondary Education
Act of 1965 to reduce class size through the use of fully
qualified teachers, and for other purposes. Sponsor: Rep. Wu,
David.
H.R. 1096: To provide for improved educational
opportunities in low-income and rural schools and districts,
and for other purposes. Sponsor: Rep. John, Christopher.
H.R. 1103: To provide safer schools and a better
educational environment. Sponsor: Rep. Brady, Kevin.
H.R. 1133: To amend the impact aid program under the
Elementary and Secondary Education Act of 1965 relating to the
calculation of payments for small local educational agencies.
Sponsor: Rep. Watts, J.C., Jr.
H.R. 1163: To limit the use of Federal funds appropriated
for conducting testing in elementary or secondary schools to
testing that meets certain conditions, and for other purposes.
Sponsor: Rep. Akin, W. Todd.
H.R. 1133, To amend the impact aid program under the
Elementary and Secondary Education Act of 1965 relating to the
calculation of payments for small local educational
agencies.Sponsor: Rep. Watts, J.C. H.R. 1133 enacted as part of H.R.
2216 (P.L. 107-20, sec. 2703), Making Supplemental Appropriations for
the fiscal year ending September 30, 2001.
H.R. 1900, To amend the Juvenile Justice and Delinquency
Prevention Act of 1974 to provide quality prevention programs
and accountability programs relating to juvenile delinquency,
and for other purposes. Sponsor: Rep. Greenwood, James C. H.R.
1900 enacted as part of H.R. 2215, (P.L. 107-273) Title II,
Subtitle B, sec. 12201-12223).
H.R. 3030 (P.L. 107-128) To extend the basic pilot program
for employment eligibility verification, and for other
purposes. Sponsor: Rep. Latham, Tom.
H.R. 3112, To amend the Workforce Investment Act of 1998 to
establish a national emergency grant program to respond to the
terrorist attacks of September 11, 2001, and for other
purposes. Sponsor: Rep. Boehner, John A. H.R. 3112 provisions
(as modified, to specify dislocated workers impacted by trade)
were enacted as part of H.R. 3009, Trade Act of 2002 (P.L. 107-
210, section 203).
H.R. 3162 (P.L. 107-56) To deter and punish terrorist acts
in the United States and around the world, to enhance law
enforcement investigatory tools, and for other purposes.
Sponsor: Rep. Sensenbrenner, F. James, Jr.
H.R. 3216, To amend the Richard B. Russell National School
Lunch Act to exclude certain basic allowances for housing of an
individual who is a member of the uniformed services from the
determination of eligibility for free and reduced price meals
of a child of the individual. Sponsor: Rep. Castle, Michael N.
H.R. 3216 enacted as part of H.R. 2646, Farm Security and Rural
Investment Act (P.L. 107-171, sec. 4302).
H.R. 3394 (P.L. 107-305) To authorize funding for computer
and network security research and development and research
fellowship programs, and for other purposes. Sponsor: Rep.
Boehlert, Sherwood L.
H.R. 3801 (P.L. 107-279) Education Sciences Reform Act of
2002.
H.R. 3919, Pension Interest Rate Relief Act of 2002.
Sponsor: Rep. Portman, Rob. Most provisions were enacted in
H.R. 3090, Job Creation and Worker Assistance Act of 2002 (P.L.
107-147, sec. 405).
H.R. 3762, Pension Security Act of 2002. Sponsor: Rep.
Boehner, John A. Worker pension protection provisions in
sections 102 and 108 of the House passed bill were modified and
enacted as part of H.R. 3763, Sarbanes-Oxley Act of 2002 (P.L.
107-204, sec. 306).
H.R. 5542 (P.L. 107-275) To consolidate all black lung
benefit responsibility under a single official, and for other
purposes. Sponsor: Rep. Hart, Melissa A.
H.R. 5585, To provide for improvement of Federal education
research, statistics, evaluation, information, and
dissemination, and for other purposes. Sponsor: Rep. Castle,
Michael N. Provisions of this bill were enacted in H.R. 3801
(P.L. 107-279).
H.R. 5598, To provide for improvement of Federal education
research, statistics, evaluation, information, and
dissemination, and for other purposes. Sponsor: Rep. Castle,
Michael N. Provisions of the bill were enacted in H.R. 3801
(P.L. 107-279).
H.R. 5599, To apply guidelines for the determination of
per-pupil expenditure requirements for heavily impacted local
educational agencies, and for other purposes. Sponsor: Rep.
Thune, John R. Provisions of this bill were enacted in H.R.
3801 (P.L. 107-279, sec. 406).
H.R. 5716 (P.L. 107-313) To amend the Employee Retirement
Income Security Act of 1974 and the Public Health Service Act
to extend the mental health benefits parity provisions for an
additional year. Sponsor: Rep. Boehner, John A.
H.J. Res. 113 (P.L. 107-255) Recognizing the contributions
of Patsy Takemoto Mink. Sponsor: Rep. Miller, George.
S. 360 (P.L. 107-21) A bill to honor Paul D. Coverdell.
Sponsor: Sen. Lott, Trent.
Note: H.R. 10, Comprehensive Retirement Security and
Pension Reform Act became P.L. 107-90, Railroad Retirement and
Survivor's Improvement Act. The bill as enacted into law was
stripped of all language under the committee's jurisdiction and
is therefore not included in this list. Provisions of the prior
version of H.R. 10 as passed in the House) became public law in
H.R. 1836 (P.L. 107-16).
B. LEGISLATION ENACTED INTO LAW
(BILLS NOT REFERRED TO COMMITTEE)
1. H.R. 1836 (P.L. 107-16) Economic Growth and Tax Relief
Act of 2001. Sponsor: Rep. Thomas. (Title VI contains pension
provisions amending ERISA that were included in H.R. 10
Comprehensive Retirement Security and Pensions Reform Act as
passed in the House.) ERISA provisions were further modified in
P.L. 107-147 (H.R. 3090).
2. H.R. 2215 (P.L. 107-273) To authorize appropriations for
the Department of Justice for fiscal year 2002, and for other
purposes. Sponsor: Rep. Sensenbrenner, F. James, Jr. Title II,
Subtitle B--Juvenile Justice and Delinquency Prevention Act of
2002 (sec. 12201-12223) of the public law includes H.R. 1900,
Juvenile Justice and Delinquency Prevention Act of 2001.
3. H.R. 2216 (P.L. 107-20) Making Supplemental
Appropriations for the fiscal year ending September 30, 2001,
and for other purposes. Sponsor: Rep. Young of Florida. Sec.
2703 ofthe public law Includes H.R. 1133, To amend the impact
aid program under Elementary and Secondary Education Act of 1965
relating to the calculation of payments for small local educational
agencies. Sponsor: Rep. Watts, J.C.) Also contains impact aid, LIHEAP
and ESEA Title I provisions.
4. H.R. 2646 (P.L. 107-171) Farm Security and Rural
Investment Act. Sponsor: Rep. Combest, Larry. Includes
provisions of H.R. 3216, To amend the Richard B. Russell
National School Lunch Act to exclude certain basic allowances
for housing of an individual who is a member of the uniformed
services from the determination of eligibility for free and
reduced price meals of a child of the individual (sec. 4302).
Also contains Older American nutrition programs, child
nutrition programs and WIC programs (sections 4301-4307, 4402,
and 4405).
5. H.R. 2884 (P.L. 107-134) An act to amend the Internal
Revenue Code of 1986 to provide tax relief for victims of the
terrorist attacks against the United States, and for other
purposes. Sponsor: Rep. Thomas, William M. (contains ERISA
provisions in sec. 112, authority to postpone certain deadlines
and required actions).
6. H.R. 2975, To deter and punish terrorist acts in the
United States and around the world, to enhance law enforcement
investigatory tools, and for other purposes. Sponsor: Rep.
Sensenbrenner, F. James, Jr., Sec. 507, disclosure of
educational records provisions were incorporated in H.R. 3162,
Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT
ACT) Act of 2001 which became P.L. 107-56.
7. H.R. 3009 (P.L. 107-210) Trade Act of 2002. Sponsor:
Rep. Crane, Philip M. Section 203 contains provisions of H.R.
3112, Back to Work Act of 2001, including maintaining health
coverage for dislocated workers impacted by trade, and
authorization and appropriations for health related national
emergency grants (NEG's).
8. H.R. 3090 (P.L. 107-147), Job Creation and Worker
Assistance Act of 2002. Sponsor: Rep. Thomas, William M.
(Bill). Section 411 contains additional technical changes to
ERISA provisions in H.R. 10 that were enacted in H.R. 1836
(P.L. 107-16) Economic Growth and Tax Relief Reconciliation Act
of 2001. Sponsor: Rep. Thomas, William M. (Bill). Incorporates
provisions of H.R. 3919, Pension Interest Rate Relief Act of
2002 (sec. 405). Sponsor: Rep. Portman, Rob.
9. H.R. 3609--(Public Law 107-355) Pipeline Safety
Improvement Act of 2002. Sponsor: Rep. Young, Don. Section 6
includes provisions under the committee's jurisdiction dealing
with protection of employees providing pipeline safety
information (whistleblower protections).
10. H.R. 3763 (P.L. 107-204), Sarbanes-Oxley Act of 2002.
Section 306 incorporates provisions of H.R. 3762, Pension
Security Act of 2002. Sponsor: Rep. Boehner, John A. Provisions
include prohibiting insider trading of stock during blackout
periods, and requiring pension plan administrators to notify
workers 30 days before start of blackout period. Section 904
incorporates provisions which increase criminal penalties under
ERISA.
11. H.R. 4546 (P.L. 107-314) To authorize appropriations
for fiscal year 2003 for military activities of the Department
of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for
other purposes. Sponsor: Rep. Stump, Bob. Contains provisions
on Assistance to Local Education Agencies in sec. 341; Housing
Benefits for Teachers at Guantanamo Bay, Cuba in sec. 342;
Options for Funding Dependent Summer School Programs in sec.
343; Impact Aid Eligibility during Military Privatization in
sec. 344; Comptroller General study of the Adequacy of
Compensation Provided for Teachers in the DOD Overseas
Dependents' Schools in sec . 345; Payment of Interest on
Student Loans in sec. 651; and provides assistance to help
school districts provide special education services to certain
dependent children.
12. H.R. 4775 (P.L. 107-206) 2002 Supplemental
Appropriations Act for Further Recovery From and Response To
Terrorist Attacks on the United States, contains technical
changes to several programs under the committee's jurisdiction:
WIC, Impact Aid, OSHA, Children and Family Services, Fund for
Improvement of Education (FIE), the Fund for Improvement of
Postsecondary Education (FIPSE) and a one-year extension of the
Eisenhower National Clearinghouse for Mathematics and Science
Education Program.
13. S.J. Res. 6 (P.L. 107-5) A joint resolution providing
for congressional disapproval of the rule submitted by the
Department of Labor under chapter 8 of title 5, United States
Code, relating to ergonomics. Sponsor: Sen. Nickles, Don.
14. S. 1438 / H.R. 2586 (P.L. 107-107) A bill to authorize
appropriations for fiscal year 2002 for military activities of
the Department of Defense, for military constructions, and for
defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces,
and for other purposes. Sponsor: Sen. Levin, Carl (sec. 351,
assistance to local educational agencies; sec. 352, impact aid
for children with severe disabilities; sec. 353, auxiliary
services for dependents who are home school students; and sec.
544, military recruiter access to secondary school students).
15. S. 1762 (P.L. 107-139) A bill to amend the Higher
Education Act of 1965 to establish fixed interest rates for
student and parent borrowers, to extend current law with
respect to special allowances for lenders, and for other
purposes. Sponsor: Sen. Johnson, Tim.
16. S. 1793 (P.L. 107-122) Higher Education Relief
Opportunities for Students Act of 2001. Sponsor: Rep. Morella,
Constance A.
C. LEGISLATION PASSED THE HOUSE
(BILLS REFERRED TO COMMITTEE)
1. H. Con. Res. 57, Condemning the heinous atrocities that
occurred on March 5, 2001, at Santana High School in Santee,
California. Sponsor: Rep. Hunter, Duncan.
2. H. Con. Res. 91, Recognizing the importance of
increasing awareness of the autism spectrum disorder, and
supporting programs for greater research and improved treatment
of autism and improved training and support for individuals
with autism and those who care for them. Sponsor: Rep. Smith,
Christopher H.
3. H. Con. Res. 95, Supporting a National Charter Schools
Week. Sponsor: Rep. Tancredo, Thomas G.
4. H. Con. Res. 100, Commending Clear Channel
Communications and the American Football Coaches Association
for their dedication and efforts for protecting children by
providing a vital means for locating the Nation's missing,
kidnapped, and runaway children. Sponsor: Rep. Duncan, John J.,
Jr.
5. H. Con. Res. 110, Expressing the sense of the Congress
in support of National Children's Memorial Flag Day. Sponsor:
Rep. Berkley, Shelley.
6. H. Con. Res. 150, Expressing the sense of Congress that
Erik Weihenmayer's achievement of becoming the first blind
person to climb Mount Everest demonstrates the abilities and
potential of all blind people and other individuals with
disabilities. Sponsor: Rep. Langevin, James R.
7. H. Con. Res. 172, Recognizing and honoring the Young
Men's Christian Association on the occasion of its 150th
anniversary in the United States. Sponsor: Rep. Morella,
Constance A.
8. H. Con. Res. 183, Expressing the sense of Congress
regarding the United States Congressional Philharmonic Society
and its mission of promoting musical excellence throughout the
educational system and encouraging people of all ages to commit
to the love and expression of musical performance. Sponsor:
Rep. Davis, Tom.
9. H. Con. Res. 204, Expressing the sense of Congress
regarding the establishment of National Character Counts Week.
Sponsor: Rep. Smith, Lamar.
10. H. Con. Res. 239, Expressing the sense of Congress that
schools in the United States should set aside a sufficient
period of time to allow children to pray for, or quietly
reflect on behalf of, the Nation during this time of struggle
against the forces of international terrorism. Sponsor: Rep.
Jones, Walter B.
11. H. Con. Res. 248, Expressing the sense of the Congress
that public schools may display the words ``God Bless America''
as an expression of support for the Nation. Sponsor: Rep.
Brown, Henry E., Jr.
12. H. Con. Res. 386, Supporting a National Charter Schools
Week, and for other purposes. Sponsor: Rep. Keller, Ric.
13. H. Con. Res. 391, Honoring the University of Minnesota
Golden Gophers men's hockey and wrestling teams and the
University of Minnesota-Duluth Bulldogs women's hockey team for
winning the 2002 National Collegiate Athletic Association
championships. Sponsor: Rep. Kennedy, Mark R.
14. H. Con. Res. 451, Recognizing the importance of
teaching United States history and civics in elementary and
secondary schools, and for other purposes. Sponsor: Rep. Kind,
Ron.
15. H. Con. Res. 467, Expressing the sense of Congress that
Lionel Hampton should be honored for his contributions to
American music. Sponsor: Rep. Rangel, Charles B.
16. H. Con. Res. 472, Recognizing the 100th anniversary of
the 4-H Youth Development Program. Sponsor: Rep. Davis, Jo Ann.
17. H. Con. Res. 484, Expressing the sense of the Congress
regarding personal safety for children, and for other purposes.
Sponsor: Rep. Castle, Michael.
18. H.J. Res. 113, Recognizing the contributions of Patsy
Takemoto Mink. Sponsor: Rep. Miller, George.
19. H. Res. 28, Honoring the contributions of Catholic
schools. Sponsor: Rep. Schaffer, Bob.
20. H. Res. 112, Recognizing the upcoming 100th anniversary
of the 4-H Youth Development Program and commending such
program for service to the youth of the world. Sponsor: Rep.
Foley, Mark.
21. H. Res. 113, Urging the House of Representatives to
support events such as the ``Increase the Peace Day''. Sponsor:
Rep. McKeon, Howard P. (Buck).
22. H. Res. 124, Recognizing the importance of children in
the United States and supporting the goals and ideas of
American Youth Day. Sponsor: Rep. Crenshaw, Ander.
23. H. Res. 168, Expressing the sense of the House of
Representatives that the Nation's schools should honor Native
Americans for their contributions to American history, culture,
and education. Sponsor: Rep. Baca, Joe.
24. H. Res. 276, Praising Joseph Vincent Paterno for his
steadfast commitment to academics, service, and citizenship,
and congratulating Joseph Vincent Paterno for his many coaching
accomplishments, including his 324th career coaching victory.
Sponsor: Rep. Peterson, John E.
25. H. Res. 330, Expressing the Sense of the House of
Representatives regarding the benefits of mentoring. Sponsor:
Rep. Osborne, Tom.
26. H. Res. 335, Honoring the contributions of Catholic
schools. Sponsor: Rep. Schaffer, Bob.
27. H. Res. 383, Congratulating the University of Maryland
for winning the 2002 National Collegiate Athletic Association
men's basketball championship. Sponsor: Rep. Hoyer, Steny H.
28. H. Res. 399, Honoring Cael Sanderson for his perfect
collegiate wrestling record. Sponsor: Rep. Latham, Tom.
29. H. Res. 401, Congratulating the University of
Connecticut Huskies for winning the 2002 National Collegiate
Athletic Association Division I women's basketball
championship. Sponsor: Rep. Simmons, Rob.
30. H. Res. 442, Supporting responsible fatherhood and
encouraging greater involvement of fathers in the lives of
their children, especially on Father's Day. Sponsor: Rep.
Sullivan, John.
31. H. Res. 448, Recognizing The First Tee for its support
of programs that provide young people of all backgrounds an
opportunity to develop, through golf and character education,
life-enhancing values such as honor, integrity, and
sportsmanship. Sponsor: Rep. Boehner, John A.
32. H. Res. 460, Recognizing and honoring Justin W. Dart,
Jr., for his accomplishments on behalf of individuals with
disabilities and expressing the condolences of the House of
Representatives to his family on his death. Sponsor: Rep.
Hoyer, Steny H.
33. H. Res. 522, Expressing gratitude for the foreign guest
laborers, known as Braceros, who worked in the United States
during the period from 1942 to 1964. Sponsor: Rep. Ose, Doug.
34. H. Res. 523, Expressing gratitude for the foreign guest
laborers, known as Braceros, who worked in the United States
during the period from 1942 to 1964. Sponsor: Rep. Watts, J.C.,
Jr.
35. H. Res. 525, Expressing the sense of the House of
Representatives that the 107th Congress should complete action
on and present to the President, before September 30, 2002,
legislation extending and strengthening the successful 1996
welfare reforms. Sponsor: Rep. Northup, Anne.
36. H. Res. 540, Expressing the sense of the House of
Representatives that Congress should complete action on H.R.
3762, the Pension Security Act of 2002. Sponsor: Rep.
Pickering, Charles (Chip).
37. H. Res. 561, Recognizing the contributions of Hispanic-
serving institutions. Sponsor: Rep. McKeon, Buck.
38. H. Res. 612, Honoring the life of Dr. Roberto Cruz.
Sponsor: Rep. Lofgren, Zoe.
39. H.R. 1, To close the achievement gap with
accountability, flexibility, and choice, so that no child is
left behind. Sponsor: Rep. Boehner, John A.
40. H.R. 4, To enhance energy conservation, research and
development and to provide for security and diversity in the
energy supply for the American people, and for other purposes.
Sponsor: Rep. Tauzin, W.J. (Billy).
41. H.R. 10, To provide for pension reform, and for other
purposes. Sponsor: Rep. Portman, Rob.
42. H.R. 100, To establish and expand programs relating to
science, mathematics, engineering, and technology education,
and for other purposes. Sponsor: Rep. Ehlers, Vernon J.
43. H.R. 1858, To make improvements in mathematics and
science education, and for other purposes. Sponsor: Rep.
Boehlert, Sherwood L.
44. H.R. 1900, To amend the Juvenile Justice and
Delinquency Prevention Act of 1974 to provide quality
prevention programs and accountability programs relating to
juvenile delinquency, and for other purposes. Sponsor: Rep.
Greenwood, James C.
45. H.R. 1992, To amend the Higher Education Act of 1965 to
expand the opportunities for higher education via
telecommunications. Sponsor: Rep. Isakson.
46. H.R. 2269, Retirement Security Advice Act of 2001.
Sponsor: Rep. Bohener, John A.
47. H.R. 2563, To amend the Public Health Service Act, the
Employee Retirement Income Security Act of 1974, and the
Internal Revenue Code of 1986 to protect consumers in managed
care plans and other health coverage. Sponsor: Rep. Ganske,
Greg.
48. H.R. 3030, To extend the basic pilot program for
employment eligibility verification, and for other purposes.
Sponsor: Rep. Latham, Tom.
49. H.R. 3086, To provide the Secretary of Education with
specific waiver authority to respond to conditions in the
national emergency declared by the President of the United
States on September 14, 2001. Sponsor: Rep. McKeon, Howard P.
(Buck). (S. 1793--similar bill)
50. H.R. 3130, To provide for increasing the technically
trained workforce in the United States. Sponsor: Rep. Boehlert,
Sherwood L.
51. H.R. 3162, To deter and punish terrorist acts in the
United States and around the world, to enhance law enforcement
investigatory tools, and for other purposes. Sponsor: Rep.
Sensenbrenner, F. James, Jr.
52. H.R. 3216, To amend the Richard B. Russell National
School Lunch Act to exclude certain basic allowances for
housing of an individual who is a member of the uniformed
servicesfrom the determination of eligibility for free and
reduced price meals of a child of the individual. Sponsor: Rep. Castle,
Michael N.
53. H.R. 3394, To authorize funding for computer and
network security research and development and research
fellowship programs, and for other purposes. Sponsor: Rep.
Boehlert, Sherwood L.
54. H.R. 3421, To provide adequate school facilities within
Yosemite National Park, and for other purposes. Sponsor: Rep.
Radanovich, George P.
55. H.R. 3529, To provide tax incentives for economic
recovery and assistance to displaced workers. Sponsor: Rep.
Thomas, William M. Bill.
56. H.R. 3762, To amend title I of the Employee Retirement
Income Security Act of 1974 and the Internal Revenue Code of
1986 to provide additional protections to participants and
beneficiaries in individual account plans from excessive
investment in employer securities and to promote the provision
of retirement investment advice to workers managing their
retirement income assets, and to amend the Securities Exchange
Act of 1934 to prohibit insider trades during any suspension of
the ability of plan participants or beneficiaries to direct
investment away from equity securities of the plan sponsor.
Sponsor: Rep. Boehner, John A.
57. H.R. 3801, To provide for improvement of Federal
education research, statistics, evaluation, information, and
dissemination, and for other purposes. Sponsor: Rep. Castle,
Michael N.
58. H.R. 3839, To reauthorize the Child Abuse Prevention
and Treatment Act, and for other purposes. Sponsor: Rep.
Hoekstra, Peter.
59. H.R. 4737, To reauthorize and improve the program of
block grants to States for temporary assistance for needy
families, improve access to quality child care, and for other
purposes. Sponsor: Rep. Deborah Pryce.
Note: Provisions of H.R. 4090, as ordered to be reported
from the House Committee on Ways and Means, and provisions of
H.R.. 4092, as reported from the Committee on Education and the
Workforce, were previously incorporated in H.R. 4700.
Subsequent action moved to H.R. 4735 and then to H.R. 4737, the
Personal Responsibility, Work, and Family Promotion Act.
60. H.R. 5091, To increase the amount of student loan
forgiveness available to qualified teachers, and for other
purposes. Sponsor: Rep. Graham, Lindsey.
61. H.R. 5331, To amend the General Education Provisions
Act to clarify the definition of a student regarding family
educational and privacy rights. Sponsor: Rep. Kennedy, Mark R.
62. H.R. 5422, To prevent child abduction, and for other
purposes. Sponsor: Rep. Sensenbrenner, F. James, Jr.
63. H.R. 5542, To consolidate all black lung benefit
responsibility under a single official, and for other purposes.
Sponsor: Rep. Hart, Melissa A.
64. H.R. 5598, To provide for improvement of Federal
education research, statistics, evaluation, information, and
dissemination, and for other purposes. Sponsor: Rep. Castle,
Michael N.
65. H.R. 5599, To apply guidelines for the determination of
per-pupil expenditure requirements for heavily impacted local
educational agencies, and for other purposes. Sponsor: Rep.
Thune, John R.
66. H.R. 5601, To amend the Child Abuse Prevention and
Treatment Act to make improvements to and reauthorize programs
under that Act, and for purposes. Sponsor: Rep. Hoekstra,
Peter.
67. H.R. 5716, To amend the Employee Retirement Income
Security Act of 1974 and the Public Health Service Act to
extend the mental health benefits parity provisions for an
additional year. Sponsor: Rep. Boehner, John A.
68. S. 360, A bill to honor Paul D. Coverdell. Sponsor:
Sen. Lott, Trent.
D. LEGISLATION PASSED THE HOUSE IN ANOTHER MEASURE
H.R. 10, Comprehensive Retirement Security and Pension
Reform Act (pension provisions amending ERISA) incorporated
into H.R. 1836, Economic Growth and Tax Relief Act of 2001
(Title VI).
Provisions of the following bills (H.R. 59 through H.R.
1163) passed the House in H.R. 1:
H.R. 59: To establish a program of grants for supplemental
assistance for elementary and secondary school students of
limited English proficiency to ensure that they rapidly develop
proficiency in English while not falling behind in their
academic studies. Sponsor: Rep. Dreier, David.
H.R. 61: To promote youth financial education. Sponsor:
Rep. Dreier, David.
H.R. 100: To establish and expand programs relating to
science, mathematics, engineering, and technology education,
and for other purposes. Sponsor: Rep. Ehlers, Vernon J.
H.R. 101: To amend the Elementary and Secondary Education
Act of 1965 to establish and expand programs relating to
science, mathematics, engineering, and technology education,
and for other purposes. Sponsor: Rep. Ehlers, Vernon J.
H.R. 116: To establish a program to promote child literacy
by making books available through early learning and other
child care programs, and for other purposes. Sponsor: Rep.
Holt, Rush D.
H.R. 117: To improve the quality and scope of science and
mathematics education. Sponsor: Rep. Holt, Rush D.
H.R. 228: To improve character education programs. Sponsor:
Rep. Ethridge, Bob.
H.R. 385: To amend the Elementary and Secondary Education
Act of 1965 to provide for parental notification and consent
prior to enrollment of a child in a bilingual education program
or a special alternative instructional program for limited
English proficient students. Sponsor: Rep. Tancredo, Thomas G.
H.R. 490: To give gifted and talented students the
opportunity to develop their capabilities. Sponsor: Rep.
Gallegely, Elton.
H.R. 573: To provide grants to State educational agencies
and local educational agencies for the provision of classroom-
related technology training for elementary and secondary school
teachers. Sponsor: Rep. Capps, Lois.
H.R. 611: To amend part F of the Title X of the Elementary
and Secondary Education Act of 1965 to improve and refocus
civic education, and for other purposes. Sponsor: Rep. Kildee,
Dale E.
H.R. 613: To provide a grant to develop initiatives and
disseminate information about character education, and a grant
to research character education. Sponsor: Rep. Smith, Lamar.
H.R. 623: To provide funds to assist homeless children and
youth. Sponsor: Rep. Biggert, Judy.
H.R. 630: To provide grants for cardiopulmonary
resuscitation (CPR) training in public school. Sponsor: Rep.
Capps, Lois.
H.R. 637: To amend the Elementary and Secondary Education
Act of 1965 to eliminate the funding limitation applicable to
grants for special alternative instructional programs under
subpart I of part A of title VII of such Act. Sponsor: Flake,
Jeff.
H.R. 692: To amend subpart 2 of part J of title X of the
Elementary and Secondary Education Act of 1965 to make
improvements to the rural education achievement program.
Sponsor: Rep. Osborne, Tom.
H.R. 719: To amend the Elementary and Secondary Education
Act of 1965 to ensure that senior citizens are given an
opportunity to serve as mentors, tutors, and volunteers for
certain programs. Sponsor: Rep. Wu, David.
H.R. 790: To amend the Safe and Drug-Free Schools and
Communities Act of 1994 to prevent the abuse of inhalants
through programs under that Act, and for other purposes.
Sponsor: Rep. Hooley, Darlene.
H.R. 899: To amend the Juvenile Justice and Delinquency
Prevention Act 1974, and the Safe and Drug-Free Schools and
Communities Act of 1994, to allow grants received under such
Acts to be used to establish and maintain school safety
hotlines. Sponsor: Rep. Tancredo, Thomas G.
H.R. 949: To provide funds to States to establish and
administer periodic teacher testing and merit pay programs for
elementary and secondary schoolteachers. Sponsor: Rep.
Fossella, Vito.
H.R. 958: To assist local educational agencies in financing
and establishing alternative education systems, and for other
purposes. Sponsor: Rep. Kildee, Dale E.
H.R. 966: To prohibit the Federal Government from planning,
developing, implementing, or administering any national teacher
test or method of certification and from withholding funds from
States or local educational agencies that fail to adopt a
specific method of teacher certification. Sponsor: Rep. Paul,
Ron.
H.R. 970: To amend the Safe and Drug-Free Schools and
Communities Act of 1994 to provide comprehensive technical
assistance and implement prevention programs that meet a high
scientific standard of program effectiveness. Sponsor: Rep.
Tierney, John F.
H.R. 972: To amend the Elementary and Secondary Education
Act of 1965 to strengthen the involvement of parents in the
education of their children, and for other purposes. Sponsor:
Rep. Woolsey, Lynn.
H.R. 1036: To amend the Elementary and Secondary Education
Act of 1965 to reduce class size through the use of fully
qualified teachers, and for other purposes. Sponsor: Rep. Wu,
David.
H.R. 1096: To provide for improved educational
opportunities in low-income and rural schools and districts,
and for other purposes. Sponsor: Rep. John, Christopher.
H.R. 1103: To provide safer schools and a better
educational environment. Sponsor: Rep. Brady, Kevin.
H.R. 1133: To amend the impact aid program under the
Elementary and Secondary Education Act of 1965 relating to the
calculation of payments for small local educational agencies.
Sponsor: Rep. Watts, J.C., Jr.
H.R. 1163: To limit the use of Federal funds appropriated
for conducting testing in elementary or secondary schools to
testing that meets certain conditions, and for other purposes.
Sponsor: Rep. Akin, W. Todd.
H.R. 1133, To amend the impact aid program under the
Elementary and Secondary Education Act of 1965 relating to the
calculation of payments for small local educational agencies
incorporated into H.R. 2216, Making Supplemental Appropriations
for the fiscal year ending September 30, 2001, Conference
Report (H. Rept. 107-148, sec. 2703).
H.R. 2587, To enhance energy conservation, provide for
security and diversity in the energy supply for the American
people (sec. 134 LIHEAP provisions) incorporated into H.R. 4,
To enhance energy conservation, research and development and to
provide for security and diversity in the energy supply for the
American people (sec. 134).
H.R. 3112, Back to Work Act of 2001 provisions incorporated
into H.R. 3529, To provide tax incentives for economic recovery
and assistance to displaced workers (Title IX).
H.R. 3112, Back to Work Act of 2001 provisions incorporated
into H.R. 622, Economic Security and Worker Assistance Act of
2002 (Title VIII of the Engrossed House Amendment).
H.R. 3163, To provide student loan forgiveness to the
surviving spouses of the victims of the September 11, 2001,
tragedies, provisions incorporated into H.R. 5091, To increase
the amount of student loan forgiveness available to qualified
teachers, and for other purposes--CLASS Act (sec. 3).
H.R. 2269, Retirement Security Advice Act of 2001
incorporated into H.R. 3762, Pension Security Act of 2002 (sec.
501).
H.R. 3421, To provide adequate school facilities within
Yosemite National Park, and for other purposes, was
incorporated into S. 941, A bill to revise the boundaries of
the Golden Gate National Recreation Area in the State of
California, to extend the term of the advisory commission for
the recreation area, and for other purposes (Title III).
H.R. 3669, To amend the Internal Revenue Code of 1986 to
empower employees to control their retirement savings accounts
through new diversification rights, new disclosure
requirements, and new tax incentives for retirement education.
Provisions were incorporated into H.R. 3762, Pension Security
Act of 2002.
H.R. 3801, To provide for improvement of Federal education
research, statistics, evaluation, information, and
dissemination, and for other purposes. Provisions of the Senate
amendment passed the House in H.R. 5598, To provide for
improvement of Federal education research, statistics,
evaluation, information, and dissemination, and for other
purposes.
H.R. 3839, To reauthorize the Child Abuse Prevention and
Treatment Act, and for other purposes. Provisions incorporated
into H.R. 5601, To amend the Child Abuse Prevention and
Treatment Act to make improvements to and reauthorize programs
under that Act, and for other purposes.
H.R. 3918, Pension Improvement Act of 2002. Provisions were
incorporated into H.R. 3762, Pension Security Act of 2002.
H.R. 3919, Pension Interest Rate Relief Act of 2002.
Provisions in sec. 2(d) were incorporated into H.R. 3762,
Pension Security Act of 2002 (sec. 201).
H.R. 3919, Pension Interest Rate Relief Act of 2002.
Provisions in sec. 2(a), (b) and (c) were incorporated into
H.R. 3090, Job Creation and Worker Assistance Act of 2002
(section 405 of the Engrossed House Amendment).
H.R. 4092, Working Toward Independence Act of 2002.
Provisions were incorporated in H.R. 4700. Subsequent action
moved to H.R. 4735 and then passed the House in H.R. 4737, the
Personal Responsibility, Work, and Family Promotion Act.
H.R. 4090, Personal Responsibility, Work, and Family
Promotion Act of 2002. Provisions were incorporated in H.R.
4700. Subsequent action moved to H.R. 4735 and then passed the
House in H.R. 4737, the Personal Responsibility, Work, and
Family Promotion Act.
H.R. 4700, Personal Responsibility, Work, and Family
Promotion Act of 2002, Subsequent action moved to H.R. 4735 and
then passed the House in H.R. 4737, the Personal
Responsibility, Work, and Family Promotion Act.
H.R. 4735, Personal Responsibility, Work, and Family
Promotion Act of 2002. Provisions passed the House in H.R.
4737, the Personal Responsibility, Work, and Family Promotion
Act.
H.R. 5585, To provide for improvement of Federal education
research, statistics, evaluation, information, and
dissemination, and for other purposes. Provisions passed the
House in H.R. 5598, To provide for improvement of Federal
education research, statistics, evaluation, information, and
dissemination, and for other purposes.
H.R. 5598, To provide for improvement of Federal education
research, statistics, evaluation, information, and
dissemination, and for other purposes. Provisions passed the
Housein the Senate amendment to H.R. 3801, To provide for
improvement of Federal education research, statistics, evaluation,
information, and dissemination, and for other purposes.
H.R. 5599, To apply guidelines for the determination of
per-pupil expenditure requirements for heavily impacted local
educational agencies, and for other purposes. Provisions passed
the House in the Senate amendment to H.R. 3801, To provide for
improvement of Federal education research, statistics,
evaluation, information, and dissemination, and for other
purposes.
E. BILLS NOT REFERRED TO COMMITTEE THAT PASSED THE HOUSE CONTAINING
PROVISIONS UNDER THE COMMITTEE'S JURISDICTION
1. H.R. 622, Economic Security and Worker Assistance Act of
2002 (Title VIII of the House engrossed amendment) contains
provisions of H.R. 3112, Back to Work Act of 2001.
2. H.R. 1836, Economic Growth and Tax Relief Reconciliation
Act of 2001, contains H.R. 10, Comprehensive Retirement
Security and Pension Reform Act, pension provisions amending
ERISA.
3. H.R. 2216, Supplemental Appropriations Act, 2001,
incorporates impact aid; LIHEAP; and ESEA Title I provisions.
4. H.R. 2436, Energy Security Act (sec. 506 project labor
agreements provisions) incorporated into H.R. 4, To enhance
energy conservation, research and development and to provide
for security and diversity in the energy supply for the
American people (sec. 6506).
5. H.R. 2586, National Defense Authorization Act for Fiscal
Year 2002, contains provisions under the committee's
jurisdiction (sec. 341, assistance to local educational
agencies; sec. 342, home school students; sec. 343, overseas
schools; sec. 509, 1 year extension for certain force
management authorities; and sec. 584, clarification of military
recruiter access). House inserted the text of H.R. 2586 in S.
1438.
6. H.R. 2884, Victims of Terrorism Relief Act of 2001
(contains ERISA provisions in sec. 202, authority to postpone
certain deadlines and required actions).
7. H.R. 2975, Uniting and Strengthening America Act,
contains privacy provisions (sec. 507, disclosure of
educational records).
8. H.R. 3609, Pipeline Infrastructure Protection to Enhance
Security and Safety Act, contains provisions under the
committee's jurisdiction in section 4, dealing with protection
of employees providing pipeline safety information
(whistleblower protections).
9. H.R. 4546, Bob Stump National Defense Authorization Act
for Fiscal Year 2003, contains provisions under the committee's
jurisdiction (sec. 341, assistance to local educational
agencies; sec. 342, availability of quarters allowance for
unaccompanied Defense Department teacher required to reside on
overseas military installation; sec. 343, provision of summer
school programs for students who attend defense dependents'
education system; sec. 366, amendments to certain education and
nutrition laws relating to acquisition and improvement of
military housing).
10. H.R. 4775, 2002 Supplemental Appropriations Act for
Further Recovery From and Response To Terrorist Attacks on the
United States, contains technical changes to several programs
under the committee's jurisdiction: WIC, Children and Families
Services, Fund for Improvement of Education (FIE), and the Fund
for Improvement of Postsecondary Education (FIPSE).
11. H.R. 5063, An Act to amend the Internal Revenue Code of
1986 to improve tax equity for military personnel, and for
other purposes. The House engrossed amendment contains a
provision for the extension of welfare programs funded through
March 31, 2003.
12. H. Con. Res. 83, Establishing the congressional budget
for the United States Government for fiscal year 2002, revising
the congressional budget for the United States Government for
fiscal year 2001, and setting forth appropriate budgetary
levels for each of fiscal years 2003 through 2011. (contains
committee instructions pursuant to section 301(d) of the
Congressional Budget Act).
13. H. Con. Res. 353, Establishing the congressional budget
for the United States Government for fiscal year 2003 and
setting forth appropriate budgetary levels for each of fiscal
years 2004 through 2007. (contains committee instructions
pursuant to section 301(d) of the Congressional Budget Act).
14. H. Res. 61, Providing amounts for the expenses of the
Committee on Education and the Workforce in the One Hundred
Seventh Congress. (committee funding resolution for the 107th
Congress passed the House in H. Res. 84).
15. H. Res. 84, Providing for the expenses of certain
committees of the House of Representatives in the One Hundred
Seventh Congress. (contains the committee funding resolution
for the 107th Congress).
16. S. 941, A bill to revise the boundaries of the Golden
Gate National Recreation Area in the State of California, to
extend the term of the advisory commission for the recreation
area, and for other purposes, incorporates in sec. 301 and sec.
301, the bill H.R. 3421, Yosemite National Park Improvement
Act.
17. S. 1438, National Defense Authorization Act for Fiscal
Year 2002, contains provisions within the committee's
jurisdiction (sec 341, 342, 343, 509 and 584). House inserted
the text of H.R. 2586 in lieu of S. 1438.
18. S. 1762, A bill to amend the Higher Education Act of
1965 to establish fixed interest rates for student and parent
borrowers, to extend current law with respect to special
allowances for lenders, and for other purposes.
19. S. 1793, Higher Education Relief Opportunities for
Students Act of 2001 (similar to H.R. 3086--McKeon).
20. H. Con. Res. 289, Directing the Clerk of the House of
Representatives to make technical corrections in the enrollment
of the bill H.R. 1.
21. S.J. Res. 6, A joint resolution providing for
congressional disapproval of the rule submitted by the
Department of Labor under chapter 8 of title 5, United States
Code, relating to ergonomics.
F. LEGISLATION WITH FILED REPORTS
107th Congress, First Session
H.R. 1, No Child Left Behind Act of 2001 (H. Rept. 107-63,
Pt. 1).
H.R. 10, Comprehensive Retirement Security and Pension
Reform Act of 2001 (H. Rept. 107-51, Pt. 2).
H.R. 1900, Juvenile Justice and Delinquency Prevention Act
of 2001 (H. Rept.107-203).
H.R. 1992, Internet Equity and Education Act of 2001 (H.
Rept. 107-225).
H.R. 2269, Retirement Security Advice Act of 2001 (H. Rept.
107-262, Pt. 1).
107th Congress, Second Session
H.R. 3762, Pension Security Act of 2002 (H. Rept. 107-383,
Pt. 1).
H.R. 3784, Museum and Library Services Act of 2002 (H.
Rept. 107-395).
H.R. 3801, Education Sciences Reform Act of 2002 (H. Rept.
107-404).
H.R. 3839, Keeping Children and Families Safe Act of 2002
(H. Rept. 107-403).
H.R. 4092, Working Toward Independence Act of 2002 (H.
Rept. 107-452, Pt. 1).
H.R. 4854, Citizen Service Act of 2002 (H. Rept. 107-521).
H.R. 5091, Canceling Loans to Allow School Systems to
Attract Classroom Teachers Act (CLASS Act) (H. Rept. 107-655).
Conference Reports
H.R. 1, No Child Left Behind Act of 2001--Conference Report
(H. Rept. 107-334).
G. LEGISLATION ORDERED REPORTED FROM FULL COMMITTEE
107th Congress, First Session
H.R. 1, ``No Child Left Behind Act of 2001'' was ordered
favorably reported, as amended to the House by a vote of 41--7
on May 9, 2001.
H.R. 10, ``Comprehensive Retirement Security and Pension
Reform Act of 2001'' was ordered favorably reported, as amended
to the House by voice vote on April 26, 2001.
H.R. 1900, ``Juvenile Crime Control and Delinquency
Prevention Act of 2001'' was ordered favorably reported, as
amended to the House by a vote of 41--2 on August 1, 2001.
H.R. 1992, ``Internet Equity and Education Act of 2001''
was ordered favorably reported, as amended to the House by a
vote of 31--10 on August 1, 2001
H.R. 2269, ``Retirement Security Advice Act of 2001'' was
ordered favorably reported, as amended to the House by a vote
of 29--17 on October 3, 2001.
107th Congress, Second Session
H.R. 3762, Pension Security Act of 2002--ordered favorably
reported, as amended by a vote of 28-19 on March 20, 2002.
H.R. 3784, Museum and Libraries Services Act of 2002--
ordered favorably reported, as amended by voice vote on March
20, 2002.
H.R. 3801, Education Sciences Reform Act of 2002--ordered
favorably reported, as amended by voice vote on March 20, 2002.
H.R. 3839, Keeping Children and Families Safe Act of 2002--
ordered favorably reported, as amended by voice vote on March
20, 2002.
H.R. 4092, Working Toward Independence Act of 2002--ordered
favorably reported, as amended by a vote of 25-20 on May 2,
2002.
H.R. 4854--Citizen Service Act of 2002--ordered favorably
reported, as amended by voice vote on June 12, 2002.
H.R. 5091--Canceling Loans to Allow School Systems to
Attract Classroom Teachers Act--ordered favorably reported, as
amended by voice vote on September 5, 2002.
H.J. Res. 113, Recognizing the contributions of Patsy
Takemoto Mink--ordered favorably reported by unanimous consent
on October 2, 2002.
H. RESOLUTIONS PASSED THE HOUSE
1. H. Con. Res. 57, Condemning the heinous atrocities that
occurred on March 5, 2001, at Santana High School in Santee,
California. Sponsor: Rep. Hunter, Duncan.
2. H. Con. Res. 91, Recognizing the importance of
increasing awareness of the autism spectrum disorder, and
supporting programs for greater research and improved treatment
of autism and improved training and support for individuals
with autism and those who care for them. Sponsor: Rep. Smith,
Christopher H.
3. H. Con. Res. 95, Supporting a National Charter Schools
Week. Sponsor: Rep. Tancredo, Thomas G.
4. H. Con. Res. 100, Commending Clear Channel
Communications and the American Football Coaches Association
for their dedication and efforts for protecting children by
providing a vital means for locating the Nation's missing,
kidnapped, and runaway children. Sponsor: Rep. Duncan, John J.,
Jr.
5. H. Con. Res. 110, Expressing the sense of the Congress
in support of National Children's Memorial Flag Day. Sponsor:
Rep. Berkley, Shelley.
6. H. Con. Res. 150, Expressing the sense of Congress that
Erik Weihenmayer's achievement of becoming the first blind
person to climb Mount Everest demonstrates the abilities and
potential of all blind people and other individuals with
disabilities. Sponsor: Rep. Langevin, James R.
7. H. Con. Res. 172, Recognizing and honoring the Young
Men's Christian Association on the occasion of its 150th
anniversary in the United States. Sponsor: Rep. Morella,
Constance A.
8. H. Con. Res. 183, Expressing the sense of Congress
regarding the United States Congressional Philharmonic Society
and its mission of promoting musical excellence throughout the
educational system and encouraging people of all ages to commit
to the love and expression of musical performance. Sponsor:
Rep. Davis, Tom.
9. H. Con. Res. 204, Expressing the sense of Congress
regarding the establishment of National Character Counts Week.
Sponsor: Rep. Smith, Lamar.
10. H. Con. Res. 239, Expressing the sense of Congress that
schools in the United States should set aside a sufficient
period of time to allow children to pray for, or quietly
reflect on behalf of, the Nation during this time of struggle
against the forces of international terrorism. Sponsor: Rep.
Jones, Walter B.
11. H. Con. Res. 248, Expressing the sense of the Congress
that public schools may display the words ``God Bless America''
as an expression of support for the Nation. Sponsor: Rep.
Brown, Henry E., Jr.
12. H. Con. Res. 386, Supporting a National Charter Schools
Week, and for other purposes. Sponsor: Rep. Keller, Ric.
13. H. Con. Res. 391, Honoring the University of Minnesota
Golden Gophers men's hockey and wrestling teams and the
University of Minnesota-Duluth Bulldogs women's hockey team for
winning the 2002 National Collegiate Athletic Association
championships. Sponsor: Rep. Kennedy, Mark R.
14. H. Con. Res. 451, Recognizing the importance of
teaching United States history and civics in elementary and
secondary schools, and for other purposes. Sponsor: Rep. Kind,
Ron.
15. H. Con. Res. 467, Expressing the sense of Congress that
Lionel Hampton should be honored for his contributions to
American music. Sponsor: Rep. Rangel, Charles B.
16. H. Con. Res. 472, Recognizing the 100th anniversary of
the 4-H Youth Development Program. Sponsor: Rep. Davis, Jo Ann.
17. H. Con. Res. 484, Expressing the sense of the Congress
regarding personal safety for children, and for other purposes.
Sponsor: Rep. Castle, Michael.
18. H.J. Res. 113, Recognizing the contributions of Patsy
Takemoto Mink. Sponsor: Rep. Miller, George.
19. H. Res. 28, Honoring the contributions of Catholic
schools. Sponsor: Rep. Schaffer, Bob.
20. H. Res. 112, Recognizing the upcoming 100th anniversary
of the 4-H Youth Development Program and commending such
program for service to the youth of the world. Sponsor: Rep.
Foley, Mark.
21. H. Res. 113, Urging the House of Representatives to
support events such as the ``Increase the Peace Day''. Sponsor:
Rep. McKeon, Howard P. (Buck).
22. H. Res. 124, Recognizing the importance of children in
the United States and supporting the goals and ideas of
American Youth Day. Sponsor: Rep. Crenshaw, Ander.
23. H. Res. 168, Expressing the sense of the House of
Representatives that the Nation's schools should honor Native
Americans for their contributions to American history, culture,
and education. Sponsor: Rep. Baca, Joe.
24. H. Res. 276, Praising Joseph Vincent Paterno for his
steadfast commitment to academics, service, and citizenship,
and congratulating Joseph Vincent Paterno for his many coaching
accomplishments, including his 324th career coaching victory.
Sponsor: Rep. Peterson, John E.
25. H. Res. 330, Expressing the Sense of the House of
Representatives regarding the benefits of mentoring. Sponsor:
Rep. Osborne, Tom.
26. H. Res. 335, Honoring the contributions of Catholic
schools. Sponsor: Rep. Schaffer, Bob.
27. H. Res. 383, Congratulating the University of Maryland
for winning the 2002 National Collegiate Athletic Association
men's basketball championship. Sponsor: Rep. Hoyer, Steny H.
28. H. Res. 399, Honoring Cael Sanderson for his perfect
collegiate wrestling record. Sponsor: Rep. Latham, Tom.
29. H. Res. 401, Congratulating the University of
Connecticut Huskies for winning the 2002 National Collegiate
Athletic Association Division I women's basketball
championship. Sponsor: Rep. Simmons, Rob.
30. H. Res. 442, Supporting responsible fatherhood and
encouraging greater involvement of fathers in the lives of
their children, especially on Father's Day. Sponsor: Rep.
Sullivan, John.
31. H. Res. 448, Recognizing The First Tee for its support
of programs that provide young people of all backgrounds an
opportunity to develop, through golf and character education,
life-enhancing values such as honor, integrity, and
sportsmanship. Sponsor: Rep. Boehner, John A.
32. H. Res. 460, Recognizing and honoring Justin W. Dart,
Jr., for his accomplishments on behalf of individuals with
disabilities and expressing the condolences of the House of
Representatives to his family on his death. Sponsor: Rep.
Hoyer, Steny H.
33. H. Res. 522, Expressing gratitude for the foreign guest
laborers, known as Braceros, who worked in the United States
during the period from 1942 to 1964. Sponsor: Rep. Ose, Doug.
34. H. Res. 523, Expressing gratitude for the foreign guest
laborers, known as Braceros, who worked in the United States
during the period from 1942 to 1964. Sponsor: Rep. Watts, J.
C., Jr.
35. H. Res. 525, Expressing the sense of the House of
Representatives that the 107th Congress should complete action
on and present to the President, before September 30, 2002,
legislation extending and strengthening the successful 1996
welfare reforms. Sponsor: Rep. Northup, Anne.
36. H. Res. 540, Expressing the sense of the House of
Representatives that Congress should complete action on H.R.
3762, the Pension Security Act of 2002. Sponsor: Rep.
Pickering, Charles (Chip).
37. H. Res. 561, Recognizing the contributions of Hispanic-
serving institutions. Sponsor: Rep. McKeon, Buck.
38. H. Res. 612, Honoring the life of Dr. Roberto Cruz.
Sponsor: Rep. Lofgren, Zoe.
I. CONFERENCES WITH EDUCATION AND WORKFORCE MEMBERS APPOINTED AS
CONFEREES
H.R. 1--No Child Left Behind Act of 2001.
H.R. 4--Energy Policy Act of 2002.
H.R. 333--Bankruptcy Reform Act of 2001.
H.R. 2215--21st Century Department of Justice
Appropriations Authorization Act.
H.R. 2586 / S. 1438--National Defense Authorization Act for
Fiscal Year 2002.
H.R. 2646--Farm Security Act of 2001.
H.R. 3009--``Trade Act of 2002''.
H.R. 4546--National Defense Authorization Act for Fiscal
Year 2003.
V. Committee on Education and the Workforce Statistics
A. Bills Referred to Committee:
Total Number of Bills and Resolution Referred................. 652
Total Number of Hearings...................................... 89
Hearings Held by the Full Committee....................... 22
Total Number of Field Hearings................................ 8
Field Hearings Held by the Full Committee................. 4
Total Number of Full Committee Markup Meetings................ 14
Total Number of House-Senate Conference Meetings on H.R. 1.... 6
Total Number of Conferences with E&W Members Appointed
Conferees................................................... 8
Total Number of Bills Ordered Reported From Full Committee.... 13
Total Number of Filed Reports................................. 14
Conference Report on H.R. 1............................... 1
Legislative Activity Report for the 107th Congress........ 1
Total Number of Bills Passed the House........................ 68
Resolutions Passed the House.............................. 38
Total Number of Bills Passed the House in Another Measure..... 48
Total Number of Bills Enacted Into Law........................ 47
B. Bills Not Referred to Committee That Contain Provisions Under
the Committee's Jurisdiction:
Total Number of Not Referred Bills that Passed the House...... 21
Total Number of Not Referred Bills Enacted Into Law........... 15
SUBCOMMITTEE ON EMPLOYER-EMPLOYEE RELATIONS
I. Summary of Activities
Members of the House Education and the Workforce Employer-
Employee Relations (EER) Subcommittee have worked successfully
with President Bush on multiple fronts during the 107th
Congress to modernize federal labor laws and help working
families meet the challenges they face in the modern economy.
Pension reform emerged as a key issue during the 107th
Congress in part because of the corporate collapses at two
major U.S. corporations, Enron and WorldCom. Members of the
House Education and the Workforce Committee, led by members of
the Employer-Employee Relations Subcommittee, responded quickly
and decisively to the President's call for Congress to take
action to protect workers and restore investor confidence in
the wake of these corporate meltdowns.
Committee Chairman John Boehner (R-OH) and Employer-
Employee Relations Subcommittee Chairman Sam Johnson (R-TX) led
a series of hearings that focused on the Enron collapse and its
implications for the American worker. Shortly thereafter, they
introduced the Pension Security Act (H.R. 3762), President
Bush's plan to help workers protect and enhance their 401(k)
retirement savings.
On April 11, 2002, the House passed the Pension Security
Act by a strong bipartisan margin of 255-163, with the support
of 46 Democrats. The Pension Security Act gives workers
unprecedented new retirement security protections and would
have helped to protect thousands of employees who lost their
savings during their companies' collapses if it had been law.
Unfortunately, the Senate adjourned without acting upon the
Pension Security Act or a comparable comprehensive pension
reform bill.
Another significant pension initiative accomplished by the
committee during the 107th Congress was the Retirement Security
Advice Act (H.R. 2269). On November 15, 2001, the House passed
the Retirement Security Advice Act, by a vote of 280-144, to
encourage employers to provide their workers with access to
high-quality, professional investment advice. Republicans were
joined by 64 House Democrats in voting in favor of the measure.
H.R. 2269 was later incorporated into the Pension Security Act,
which passed the House on April 11, 2002, with bipartisan
support.
Hearings by the Employer-Employee Relations Subcommittee,
chaired by Rep. Sam Johnson (R-TX), established that inadequate
worker access to investment advice contributed significantly to
retirement security losses by employees at Enron. As these
corporate collapses tragically illustrated, millions of rank-
and-file American workers today have little or no access to
quality investment advice that can provide critical guidance to
help them manage their 401(k) plans.
Thousands of rank-and-file Enron and WorldCom employees,
subcommittee members noted, had no access to professional
investment advice through their job. Some of them might have
been able to preserve their retirement savings if they'd had
access to a qualified adviser who would have warned them in
advance that they needed to diversify. Legislation that
originated in the EER Subcommittee and passed on the House
floor before the Enron collapse could have helped such workers
if it had been enacted into law.
The September 11, 2001, terrorist attacks had a devastating
and direct impact on the U.S. economy and many Americans lost
their jobs as a result. In response, President Bush quickly
outlined a plan designed to help those who lost their jobs: get
people working again to jump-start our economy; and help ensure
that displaced workers have access to health care. Workforce
Committee Republicans played a key role in this response by
introducing the Back to Work Act (H.R. 3112)--President Bush's
plan to expand the federal safety net for workers displaced in
the wake of the September 11 attacks.
On August 6, 2002, President Bush signed into law the Trade
Promotion Authority and Trade Adjustment Assistance Act, which
incorporated key elements of his Back to Work proposal. The new
law authorizes $510 million in special National Emergency
Grants (NEGs), administered by the Secretary of Labor, to help
displaced workers maintain health coverage, obtain childcare
assistance, and receive job training as the economy recovers
from its current slowdown. It also appropriates $60 million for
these grants in the first year.
The Employer-Employee Relations Subcommittee, led by
Chairman Sam Johnson (R-TX), held a series of hearings during
the 107th Congress on how employers and employees are
responding to rising health care costs, which rose 13 percent
in 2001, and how those costs have contributed to the decline in
health care coverage. According to figures released by the U.S.
Census Bureau, the number of Americans who have no health
insurance increased to 41.2 million Americans in 2001, an
increase of 1.4 million people. Chairman Johnson and other
committee Republicans argued forcefully that instead of
focusing on new mandates on employers or health care providers,
Congress should focus on real solutions that make it easier for
small employers to offer more benefits, and creating new
options that expand consumer choice. The Subcommittee hearings
laid the groundwork for what could be significant legislative
action in the next Congress to expand access to quality health
care for millions of Americans.
Ending six years of congressional gridlock on the difficult
issue of HMO patient protection, in August 2001 the House
approved a compromise patients' bill of rights negotiated by
President Bush and two members of the House Education & the
Workforce Committee, Dr. Charlie Norwood (R-GA) and Dr. Ernie
Fletcher (R-KY). The House-passed patients' bill of rights
would hold health plans accountable while preventing frivolous,
unlimited lawsuits against employers and unions who voluntarily
provide health coverage to families. Unfortunately,
congressional leaders were unable to agree on a compromise
before November 2002 that would send the White House-Norwood-
Fletcher legislation to the President's desk. At issue, in
largepart, was the fact that the Norwood-Fletcher bill passed
by the House included a reasonable cap on trial lawyers' ability to
profit from multi-million dollar health care lawsuit. The cap was a
priority for members of Congress concerned about rising health costs,
which would be driven higher by unlimited lawsuits, further increasing
the number of Americans without health coverage.
Hearings by the Employer-Employee Relations Subcommittee
during the 107th Congress revealed that many labor unions fail
to fulfill their obligations under the 1959 Labor Management
Reporting and Disclosure Act (LMRDA), undermining
accountability and leaving rank-and-file union members in the
dark about their rights under the law. Federal labor law is
intended to ensure that rank-and-file union members have a
full, equal, and democratic voice in union affairs. To bolster
this effort, the Subcommittee passed three bills authored by
Subcommittee Chairman Sam Johnson (R-TX) designed to ensure the
rights of rank-and-file union members are protected.
The following is a summary of some of the major actions
taken by the Employer-Employee Relations Subcommittee during
the 107th Congress to help the American worker.
ENHANCING PENSION SECURITY FOR AMERICAN WORKERS
In his 2002 State of the Union Address, President Bush
called on Congress to enact important new safeguards to protect
the pensions of millions of American workers in the wake of the
Enron collapse. Led by members of the Employer-Employee
Relations Subcommittee and the Education and the Workforce
Committee, the House responded quickly and decisively to the
President's call, taking action to restore investor confidence
in the nation's pension system.
In early 2002, the Committee launched a series of
bipartisan hearings to examine the Enron collapse and its
implications for the retirement security of America's workers.
The hearings, which were held on February 6 and 7, 2001,
focused on the Enron situation. Committee members heard
testimony from U.S. Secretary of Labor Elaine Chao as well as a
panel including Enron employees and executives. The Employer-
Employee Relations Subcommittee followed with two hearings of
its own--on February 13 and 27, 2002--that focused on potential
legislative solutions to address the Enron situation by
strengthening pension protections for U.S. workers.
On March 20, 2002, the Education & the Workforce Committee
approved the Pension Security Act (H.R. 3762), the House
version of President Bush's plan to protect worker 401(k)
plans, by a bipartisan vote of 28-19. Committee Chairman John
Boehner (R-OH) and Employer-Employee Relations Subcommittee
Chairman Sam Johnson (R-TX) introduced the measure. The House
passed the Pension Security Act on April 11, 2002, by a strong
bipartisan margin of 255-163, with 46 House Democrats joining
Republicans in voting to pass the bill.
The Pension Security Act gives workers unprecedented new
retirement security protections and would have helped to
protect thousands of corporate employees who lost their savings
during their companies' collapse if it had been law. The
Pension Security Act, subcommittee members noted, includes new
safeguards and options to give workers new freedoms to
diversify their retirement savings within three years; expand
worker access to investment advice to help them manage their
retirement accounts; empower workers to hold company insiders
accountable for abuses; and give workers better information
about their pensions.
Specifically, the Pension Security Act includes the
following worker protections:
Giving Workers Freedom To Diversify. The Pension Security
Act gives employees new freedom to sell company stock and
diversify into other investment options. The bill gives
employers the option of allowing workers to sell their company
stock three years after receiving it in their 401(k) plan (a
three-year rolling diversification option) or allowing workers
to sell their company stock within three years of service in
the 401(k) plan (a three-year diversification cliff).
In addition, it prohibits companies from forcing employees
to invest any of their own retirement savings contributions in
the stock of the employer. These provisions give employers the
flexibility to promote employee ownership while protecting the
employee's interest in diversifying their portfolio. Under
current law, employers are allowed to restrict a worker's
ability to sell their company stock in certain situations until
they are age 55 years old and/or have 10 years of service with
the company.
The bill also gives employers five years to meet the new
diversification requirements for employer stock in existing
accounts with graded percentages (20 percent in year one, then
40 percent, 60 percent, 80 percent, and 100 percent in year
five). For prospective employer contributions, employers must
meet the diversification requirements within three years after
the contribution is made to the participant's account.
Clarifying that Employers are Responsible for Worker
Savings During Blackouts. The Pension Security Act clarifies
that companies have a fiduciary responsibility for workers'
savings during blackout periods. It also, however, outlines
situations where they may not be liable for losses in
individually directed accounts if they comply with certain
requirements. For example, the bill includes determinations the
fiduciary must make in considering whether the blackout period
was reasonable in length, as well as specifying additional
information that fiduciaries must provide to participants.
Enhancing Worker Access to Quality Investment Advice.
President Bush called upon the Senate to pass the Retirement
Security Advice Act (H.R. 2269), which passed the House on
November 15, 2001, with a large bipartisan vote. The bill
encourages employers to make professional investment advice
available to their workers. It also includes significant
disclosure protections and new fiduciary safeguards to ensure
that workers receive advice solely in their best interests.
Giving Workers Better Information About Their Pensions.
H.R. 3762 requires companies to give workers quarterly benefit
statements that include information about their accounts,
including the value of their assets, their rights to diversify,
and the importance of maintaining a diversified portfolio.
Under current law, the reports are due annually and they do not
require as much information, particularly the need for a
diversified portfolio. The billauthorizes the Labor Secretary
to tailor this requirement to meet the needs of small business plans.
Simplifying Pension Plans. The bill includes a number of
provisions authored by Rep. Rob Portman (R-OH) to make it
easier for small businesses to start and maintain pension
plans. For example, it simplifies reporting requirements for
pension plans with fewer than 25 participants. In addition, it
reduces Pension Benefit Guaranty Corporation (PBGC) insurance
premiums for small and new pension plans.
In July 2002, President Bush signed into law two Pension
Security Act provisions that had been included as part of the
bipartisan Sarbanes-Oxley corporate accountability law. The
provisions bar company insiders from selling their own stock
during blackout periods when workers can't make changes to
their 401(k)s, and require pension plan administrators to
notify workers 30 days before the start of any blackout period.
Unfortunately, despite personal pleas from President Bush,
the Senate did not act upon the remaining provisions of the
Pension Security Act prior to November 2002, including
provisions allowing workers to diversify their savings within
three years. In the months following the bipartisan vote in the
House to pass the Pension Security Act, Chairman Boehner and
Chairman Johnson repeatedly called on Senate leaders to act on
a comprehensive bill to protect workers from losing their
retirement savings. Joined by House Ways & Means Committee
Chairman Bill Thomas (R-CA) and Rep. Rob Portman (R-OH),
Boehner and Johnson twice sent letters to Senate Majority
Leader Tom Daschle (D-SD) asking him to schedule a vote on
comprehensive pension protection legislation. The Senate leader
did not respond to either request.
In November 2002, committee members expressed strong
disappointment with the Senate's failure to follow the House in
passing bipartisan legislation providing workers with greater
freedom to diversify and improving worker access to
professional investment advice. As a part of this effort, the
House passed a resolution on September 25, 2002, by a
bipartisan vote of 258-152 that urged the Senate to act on
comprehensive pension reform without delay.
Pension security legislation will be a priority for the
committee and the Congress in 2003, as members continue with
efforts to give President Bush the opportunity to sign a
comprehensive worker pension protection measure into law.
Giving workers access to retirement savings investment advice
Even before the Enron collapse, Chairman Sam Johnson (R-TX)
and members of the Employer-Employee Relations Subcommittee
were sounding the alarm about the need to modernize the
nation's pension laws to give workers more tools to protect and
enhance their retirement savings.
Concern for workers was the driving force behind
introduction of the Retirement Security Advice Act (H.R. 2269),
legislation authored by Rep. John Boehner (R-OH) and backed
strongly by Chairman Johnson. This bill would give rank-and-
file workers the same type of quality investment advice that
corporate insiders already receive.
The Employer-Employee Relations Subcommittee hearings
established that thousands of rank-and-file employees had no
access to professional investment advice at their jobs. This
proved to be especially true for Enron and WorldCom employees.
Some of these employees might have been able to preserve their
retirement savings if they'd had access to a qualified adviser
who would have warned them in advance that they needed to
diversify, members later noted. The Retirement Security Advice
Act, which was originally introduced in the 106th Congress,
would allow employers to provide their workers with access to
professional investment advice as long as advisers meet strict
disclosure requirements and adhere to new fiduciary safeguards
to ensure workers receive advice solely in their best
interests.
In crafting H.R. 2269, Employer-Employee Relations
subcommittee members noted that current law creates barriers
that currently prevent employers and investment advisers from
providing individualized investment advice to workers. As a
result, many rank-and-file workers are left to fend for
themselves in a sea of confusing and conflicting investment
information. This fact was illustrated at a Subcommittee
hearing on June 17, 2001, where witnesses from the Department
of Labor and the private sector testified about the current
difficulties encountered by plan participants. After hearings
revealed the urgent need for high quality investment advice,
the Employer-Employee Relations Subcommittee approved the
Retirement Security Advice Act on August 2, 2001, by voice
vote. The full committee later passed it by a vote of 29-17 on
October 3, 2001.
On November 15, 2001, before the Enron collapse was
dominating American headlines, the House passed the Retirement
Security Advice Act, with 64 House Democrats joining
Republicans in voting to encourage employers to provide their
workers with access to high-quality, professional investment
advice. The House action was the culmination of months of work
by the Employer-Employee Relations Subcommittee aimed at
modernizing ERISA, the Employee Retirement Income Security Act
of 1974.
Efforts by subcommittee members to give working families
better access to professional investment advice did not end
with House passage of H.R. 2269, however. Hearings and
investigations by the Employer-Employee Relations Subcommittee
in early 2002 confirmed inadequate worker access to investment
advice contributed significantly to retirement security losses
by employees at Enron. The corporate collapses tragically
illustrated that millions of rank-and-file American workers
have little or no access to quality investment advice that can
provide critical guidance to help them manage their 401(k)
plans, members noted. A significant ``advice gap'' divides
rank-and-file workers and senior executives: wealthy
individuals and senior executives can afford to hire a
professional investment adviser, but most working families
cannot afford such a luxury.
Following the subcommittee's Enron hearings, H.R. 2269 was
included and introduced as part of the more comprehensive
Pension Security Act, H.R. 3762. The Pension Security Act,
authored by Reps. John Boehner (R-OH) and Sam Johnson (R-TX),
would modernize federal pension law to encourage employers to
provide rank-and-file workers with access to
professionalinvestment advice about their 401(k) and retirement savings
accounts. H.R. 3762 was modeled on President Bush's pension reform
blueprint, outlined in February 2002, which endorsed the House-passed
Retirement Security Advice Act and urged the Senate to follow the House
in approving it.
A pension reform package sketched out by Senate leaders in
late July 2002 mirrored bipartisan pension protection
legislation passed by the House in some respects--but with at
least one potentially devastating weakness for American
workers. The proposed Senate bill would have gutted the
investment advice provision, in spite of the fact that it had
been passed twice by the House with significant bipartisan
support and supported by President Bush. This decision,
subcommittee members argued, threatened to deny millions of
rank-and-file workers the chance to gain access to professional
investment advice that could have helped workers at Enron and
WorldCom protect their 401(k) accounts.
On September 5, 2002, Chairman Boehner released a report
illustrating that the omission of a strong investment advice
provision mirroring H.R. 2269 from a Senate-passed pension
reform bill would seriously weaken prospects for enacting real
pension protections. The report showed that the bipartisan
House approach would help to solve the widening advice gap that
leaves so many American workers without quality investment
advice, while the proposed Senate alternative would have left
millions of rank-and-file workers in the same condition they
are already in--with no advice at all.
Some of the report's key findings include:
Outdated federal pension laws--enacted before the
advent of the 401(k)--deny U.S. employees access to
quality investment advice. A chronic ``advice gap'' has
emerged between senior corporate insiders and rank-and-
file workers. Senior company executives can afford to
pay for quality investment advice, while few working
families can afford such a luxury.
The bipartisan House-passed pension reform bill,
supported by President Bush, would help close the
investment advice gap for millions of U.S. workers by
providing new access to quality investment advice,
along with strict and comprehensive protections for
workers.
H.R. 2269 would encourage employers to offer high
quality, professional investment advice. The proposed
Senate plan would not encourage employers to offer
advice benefits because it would significantly increase
the cost and administrative burden required of
employers to provide these services.
As a result, the proposed Senate pension reform bill
would leave most American workers in virtually the same
condition they're in now--with no access to high
quality, professional investment advice about their
pensions and 401(k) accounts.
Enacting Portman-Cardin retirement security reforms
In 2001, even before the Enron collapse, Congress
overwhelmingly approved an important retirement security and
pension reform bill authored by Reps. Rob Portman (R-OH) and
Ben Cardin (D-MD). The Comprehensive Retirement Security and
Pension Reform Act, signed into law by President Bush in June
2001, makes retirement security available to millions of
additional workers; tears down barriers to savings by raising
limits; and allows workers to set aside more of their earnings
tax-free.
On April 5, 2001, Chairman Sam Johnson (R-TX) and the
Employer-Employee Relations Subcommittee held a hearing on the
measure. Witnesses testified in strong support for the bill,
which had the support of more than 100 organizations
representing groups as diverse as teachers, engineers, police
officers, state legislators, union workers, and businesses of
all sizes. On April 26, 2001, the Education & the Workforce
Committee approved the measure by a strong bipartisan vote of
35-6. It later passed the House by a margin of 407-24 before
President Bush signed it into law.
The aging of the baby boomers--particularly with respect to
their retirement security needs--is a serious problem today.
The Portman-Cardin pension reforms are designed to make it
easier for American workers to save more for retirement.
Highlights of the new law include increasing IRA contribution
limits, faster vesting for employer matching contributions,
enhancing pension portability, providing additional catch-up
contributions for workers over age 50, and encouraging small
business to offer pension plans. The House also voted to make
the Portman-Cardin reforms permanent, but the Democrat-
controlled Senate failed to act on the measure.
Improving retirement security and our pension system has
been a top priority for this Congress. This is reflected not
just in the Portman-Cardin retirement security law, but also
the pension reforms passed by the House in response to the
Enron collapse. Unfortunately, as noted elsewhere in this
report, the Senate did not act on the Pension Security Act.
Opposing efforts to cut pension enforcement funding
In February 2002, President Bush took a two-track approach
to addressing the recent spate of corporate collapses:
vigorously enforcing existing laws to hold corporate insiders
accountable for unlawful actions and calling on Congress to
enact important new safeguards to protect the pensions of
American workers. The House of Representatives, led by members
of the Employer-Employee Relations Subcommittee, acted quickly
and decisively in April 2002 by passing the Pension Security
Act (H.R. 3762) with a significant bipartisan vote.
In the wake of the corporate collapses, enforcement of
worker pension protection laws became a key issue. The Bush
Administration acted swiftly during 2002 to investigate claims
of malfeasance at Enron, WorldCom, the Union Labor Life
Insurance Company (ULLICO) and elsewhere. On September 10,
2002, Assistant Secretary of Labor for Pension and Welfare
Benefits Ann Combs testified before the Employer-Employee
Relations Subcommittee and detailed the Department's
enforcement actions concerning private and union pension funds.
The Labor Department's Pension and Welfare Benefits
Administration (PWBA), headed by Combs, protects the integrity
of pensions, health plans, and other employee benefits for more
than 150 million people, members learned. The agency's mission
is to (1) help workers get theinformation they need to protect
their benefit rights; (2) help plan officials understand and meet their
legal responsibilities; (3) develop policies that encourage the growth
of employment-based benefits; and (4) prevent and enforce violations of
federal benefit laws.
Subcommittee members learned that in 2001, the PWBA
recovered $652.4 million for plan participants, including
correcting $330 million in prohibited transactions, restoring
$139 million in plan assets, preventing $114 million in future
losses, and recovering $64 million in benefit payments from
individual disputes.
Combs warned those successes could be compromised by plans
underway in the Senate to divert a portion of funds earmarked
for such activities to the creation of a new office of pension
participant advocacy. On July 18, 2002, the Senate
Appropriations Committee passed legislation that would cut $3
million in funding for worker pension enforcement efforts to
create a new, vaguely defined federal bureaucracy within the
Department. The cuts, members learned, would have undermined
the effective enforcement by the Labor Department of federal
laws that safeguard the pensions and retirement savings of
millions of American workers.
Combs also said the creation of this new office would harm
participants by siphoning off resources that are needed to
support enforcement efforts and assistance and outreach
services to participants and beneficiaries. Subcommittee
members noted it would duplicate services already being
provided by the agency, but without the existing experience and
expertise in providing participant and beneficiary assistance
PWBA has developed over the years.
Subcommittee members expressed concern that the Senate's
proposed cuts would turn the Department of Labor's employee
pension protection division into a ``toothless watchdog'' just
months after thousands of honest employees at Enron lost their
retirement savings in a corporate meltdown. Opposition to the
proposed cuts continued during November 2002, as Congress
worked to complete appropriations bills for FY2003.
Addressing the rising costs of health care and the uninsured
Members of the Education & the Workforce Committee placed a
high priority in the 107th Congress on exploring ways to expand
affordable health care coverage for Americans who lack basic
health insurance. The topic was a significant focus for
Chairman Johnson and the Employer-Employee Relations
Subcommittee throughout the Congress.
According to figures released by the U.S. Census Bureau in
September 2002, the number of Americans who have no health
insurance increased to 41.2 million last year, an increase of
1.4 million people. The statistics also show the share of the
population covered by employer-sponsored health care coverage
declined from 64 to 63 percent.
Members argued the ranks of the uninsured have swelled
again, in part, because excessive government mandates and trial
lawyer lawsuits drive up costs and put health coverage out of
reach for families with limited means. The new numbers suggest
political resistance in recent years to legislative efforts to
expand access to health care through free market means--instead
of a government takeover of the health care system--has had
devastating consequences for America's working families. The
number of people who lack health insurance in our nation is
simply unacceptable, members said.
Subcommittee members argued Congress must ensure that all
Americans have affordable health insurance coverage options,
and the primary goal should be creating affordable options to
help the uninsured. Employer-Employee Relations Subcommittee
Chairman Sam Johnson and other committee Republicans argued
forcefully that instead of focusing on new mandates on
employers or health care providers, Congress should focus on
real solutions that make it easier for small employers to offer
more benefits, and create new options that expand consumer
choice.
During the 107th Congress, the Employer-Employee Relations
Subcommittee held a series of hearings on how employers and
employees are responding to rising health care costs, which
rose 13 percent in 2001, and how those costs have contributed
to the decline in health care coverage. According to the
preliminary results of the Towers Perrin 2003 Health Care Cost
Survey, large employers will experience a double-digit increase
in their health care costs for the fourth consecutive year, as
estimates found that the cost of large employers' health
benefit plans will increase 15 percent on average in 2003.
The Subcommittee held its first hearing on June 12, 2001,
focusing on the importance of the Employee Retirement Income
Security Act (ERISA), and the preemption of state law that it
affords in providing health insurance to millions of Americans.
The hearing focused on how ERISA allows its employers and
employees to agree on a package of benefits without the
governmental regulation that has driven up the cost of health
care.
On June 18, 2002, the Subcommittee held a hearing focusing
on the factors that contribute to rising health care costs as
well as innovative responses from states and employers to
reduce costs and educate consumers. Many factors contribute to
increasing medical costs, Subcommittee members learned.
Hospital and medical providers, tired of the management
controls of managed care, have consolidated and successfully
bargained for increased reimbursement rates. According to a
recent PricewaterhouseCoopers study, rising prescription drug
costs and increased utilization of prescription drugs account
for 22 percent of the total increase in health care costs.
Adding to the inflation are increased state and federal
government mandates and regulations, which incrementally
increase the costs of providing care. Malpractice insurance for
doctors, hospitals, and health plans adds to the growing cost
burden and spurs expensive defensive medicine techniques to
avoid litigation.
Subcommittee members heard about another important factor
in rising health care costs: consumers themselves. Because
patients may only be responsible for a fraction of the cost of
their care, they are more likely to over-utilize medical
services or demand the latest ``front page'' treatment or
prescription rather than a less costly service, treatment, or
generic drug alternative. America's aging population also
factors into the cost equation as older patients are more
likely to suffer from chronic diseases and need more expensive
medical care.
Subcommittee members learned employers are united in urging
Congress to carefully consider health care proposals such as
the patients' bill of rights or coverage mandates such as
mental health parity, which may increase costs even further.
Many employers fear additional increases may cause them to drop
or dramatically reduce health care coverage or shift a much
larger share of the cost to the employee, either of which could
dramatically increase the number of uninsured.
Members also found many employers are responding to the
cost dynamic by redesigning their plans to reduce costs and
give their employees more health care choices. In doing so,
they are also implementing new choices and strengthening
employees' ability to evaluate health care costs and be wiser
consumers of health care.
Subcommittee hearings also revealed states are very
concerned about the rising health care cost trend. Catherine
Longley, the commissioner of the Maine Department of
Professional and Financial Regulation, testified before the
subcommittee about the health care cost crisis in Maine. In a
dozen states, including Maine, mandate review commissions have
been established to consider the impact of potential
legislative mandates on employer costs. Governor Angus King (I-
ME) vetoed an expansion of Maine's mental health parity law
because of his concerns about increasing costs, members
learned. Longley said that although the proposal was
unquestionably well intentioned, Maine could ill afford any new
mandate that would further increase costs.
On July 9, 2002, the Subcommittee held a hearing focusing
on proposals to increase access to quality health care for the
41.2 million Americans who currently have no health insurance.
One of the solutions highlighted at the hearing was the Small
Business Health Fairness Act (H.R. 1774), introduced by Rep.
Ernie Fletcher (R-KY), which would create association health
plans (AHPs) to allow small businesses to join together through
bona-fide trade associations to purchase health insurance.
Small firms deserve the opportunity to obtain high quality
health insurance that is competitively priced. Subcommittee
members noted AHPs give Congress the opportunity to bring
Fortune 500 health benefits to the nation's Main Street small
businesses and their employees.
Under AHPs, associations that represent retailers,
wholesalers, printers, agricultural employees, churches, and
other groups, as well as organizations like the U.S. Chamber of
Commerce or the National Federation of Independent Business
(NFIB) could form large regional or national groups that could
provide health insurance to workers, members learned. This
would increase their bargaining power with health care
providers, give them freedom from costly state-mandated benefit
packages, and lower their overhead costs by as much as 30
percent--benefits that large businesses already enjoy because
of their larger economies of scale. Consequently, joining AHPs
will allow small businesses to cover more employees and provide
more benefits. A 1998 study by CONSAD Research Corporation
estimated that up to 8.5 million uninsured small business
workers could gain coverage if AHP legislation were signed into
law.
As part of the House passage of the bipartisan patients'
bill of rights in August 2001, Congress addressed the issue of
health care access for the uninsured by including provisions to
establish AHPs. AHPs provided by trade associations would give
small businesses greater economies of scale, uniform
regulation, and greater administrative efficiencies, allowing
them to bargain for health insurance with the clout of much
larger businesses. For example, 83 percent of companies with
more than 5,000 employees voluntarily offer their workers a
choice of more than one health plan. In contrast, only 10
percent of firms with fewer than 50 workers offer a choice of
plans. Subcommittee members learned AHPs could significantly
lower the costs of health insurance, making it possible for
very small firms to offer health insurance.
Real health care reform means crafting policy that will
improve quality, choice, and accessibility for all Americans--
particularly those who lack health coverage, subcommittee
members concluded. Heavy-handed Washington mandates, members
noted, would only exacerbate skyrocketing health care costs and
leave more Americans without coverage.
During 2002, President Bush indicated strong support for
the adoption of AHPs to lower the health insurance costs of
small businesses. ``It makes no sense in America, to isolate
small businesses as little health care islands unto themselves.
We must have association health plans,'' the President said
during a speech at the Women's Entrepreneurship Summit on March
19, 2002.
Giving consumers more choice and more control, and better
information to help them make the choices that are right for
them, will help to create a more affordable, more efficient,
and more desirable health system for employers and employees.
The hearings held by the Employer-Employee Relations
Subcommittee during the 107th Congress laid the groundwork for
what could be significant legislative action in the next
Congress to expand access to quality health care for millions
of Americans.
Norwood-Fletcher patients' bill of rights
In August 2001 the House approved a compromise patients'
bill of rights negotiated by President Bush and two members of
the House Education & the Workforce Committee, Dr. Charlie
Norwood (R-GA) and Dr. Ernie Fletcher (R-KY). The House-passed
patients' bill of rights would hold health plans accountable
while preventing frivolous, unlimited lawsuits against
employers and unions who voluntarily provide health coverage to
families. The measure would also give patients a rapid medical
review process for disputed denials of care, ensuring medical
decisions will be made by independent doctors and physicians,
not lawyers or HMO bureaucrats. It also included initiatives to
increase access to health care and reduce the ranks of the
uninsured such as AHPs and medical savings accounts.
Unfortunately, congressional leaders were unable to agree
on a compromise before November 2002 that would send the White
House-Norwood-Fletcher legislation to the President's desk. At
issue, in large part, was the fact that the Norwood-Fletcher
bill passed by the House included a reasonable cap on trial
lawyers' ability to profit from multi-million dollar health
care lawsuit. The cap was a priority for members of Congress
concerned about rising health costs, which would be driven
higher by unlimited lawsuits, further increasing the number of
Americans without health coverage.
The Employer-Employee Relations Subcommittee took an
extensive look at the skyrocketing cost of health insurance
during the 107th Congress. Americans want a patients' bill of
rights, members noted, but poll after poll shows they don't
want unlimited lawsuits that will increase the cost of health
care coverage and force employers to drop health coverage
altogether. Employer-Employee Relations Subcommittee members
argued that broad expansions of liability for small employers
and unions who voluntarily offer health plans is wrongheaded
and dangerous: it would irreparably harm the uniform framework
established by ERISA that employers rely on to provide health
care benefits and could force them to drop coverage for their
workers.
Examining the federal mental health parity law
In 1996, Congress enacted the Mental Health Parity Act to
prevent employers and health insurers from establishing annual
and lifetime limits on health insurance coverage for mental
health benefits unless similar limits were also established for
medical and surgical health coverage. The law did not require
employers or insurers to offer mental health benefits; it
simply imposed these requirements on plans that offered mental
health coverage.
The Mental Health Parity Act expired in September of 2001.
Though the Senate approved an amendment to the Labor/HHS/
Education Appropriations Act to expand the law, a simple one-
year extension of current law was instead added during
conference negotiations with the House. Therefore, the ERISA
provisions of the Mental Health Parity Act were set to expire
on December 31, 2002.
When the parity law expired in September 2001, mental
health providers and advocates urged Congress to adopt
additional parity requirements to further equalize mental
health and medical/surgical coverage. Mental health advocates
argued the 1996 parity law was a step in the right direction,
but said additional requirements that equalize financial
requirements and treatment limitations, referred to as full
parity, were needed to ensure that workers receive the same
quality treatment as those with other medical or surgical
health care needs. However, Subcommittee members also heard
from employers who strongly believe the additional costs of
expanding mental health parity in a period of high medical
inflation may cause them to drop or significantly pare back
mental health and medical/surgical health coverage.
During the dialogue on the reauthorization of mental health
parity in December 2001, Chairman John Boehner and Subcommittee
Chairman Sam Johnson committed to thoroughly investigate the
issue of expanded mental health parity in 2002. As part of this
commitment, the Employer-Employee Relations Subcommittee held
the Congress' first hearing on mental health parity on March
13, 2002, to examine the current federal mental health parity
law, state laws that impact the issue, and the implications of
expanding federal mental health parity for both employers as
payers and employees as patients. Subcommittee members heard
concerns by both advocates seeking additional federal mandates
as well as others concerned about increasing the costs of
health care and jeopardizing workers' existing benefits.
Employers contend they have already faced several years of
double-digit health care premium increases, with additional
cost spikes estimated at 15 percent in 2002. Subcommittee
members agreed legislative efforts to address the mental health
parity issue must not discourage employers from voluntarily
providing health care benefits to their employees. Continuing
to balance the interests of patients and employers is important
for Congress to ensure it does not jeopardize an employer's
willingness to offer mental health coverage altogether.
Because of active support for mental health parity by
members of Congress and the President, the dialogue on mental
health parity continued throughout 2002. However, no consensus
was reached over the need for expanded mental health services
and again in 2002, Congress reauthorized the 1996 mental health
parity provisions for an additional year until December 31,
2003.
Safeguarding the future of retiree health benefits
Led by Chairman Sam Johnson (R-TX), the Employer-Employee
Relations Subcommittee held a series of hearings during the
107th Congress to examine the issue of health care coverage for
retirees. With the changing nature of the workforce and the
retiree population, it is becoming increasingly difficult for
employers to meet the health or long-term care needs of their
workers while remaining competitive at the global level.
Retiree health costs impose a growing burden on various
industries, and the Subcommittee examined how some employers
are implementing innovative solutions to balance their
employees' retiree health needs with today's financial
realities.
Employers voluntarily provide health care for workers and
for retirees. Though most employers provide health care to
current workers in order to stay competitive in the labor
marketplace, Subcommittee members learned that employers are
finding it increasingly difficult to voluntarily provide such
benefits for their retired workers. Many factors contribute to
this trend, including the rising cost of retiree health
coverage, the impending retirement of the baby boom generation,
and an increasingly mobile workforce where employees rarely
spend the majority of their working life at the same company.
Moreover, another obstacle employers face in providing
health care for retirees is that, unlike employer-sponsored
pension plans, current law severely limits an employers'
ability to pre-fund retiree health care obligations.
Subcommittee hearings revealed that many employers have made
changes to their retiree health benefit plans over the last 10
years as a result, including (1) capping the employer's
contributions, (2) increasing the employees' contributions, (3)
tying retiree health benefits to years of service with the
employer, (4) changing to defined contribution retiree health
plans, or (5) eliminating benefits altogether.
Recent studies by both the GAO and other respected research
institutes have shown an increase in the number of retirees and
a decline in employer health insurance coverage. These studies
also illustrate other contributing factors including a change
in the rules governing the financial statements of
corporations, the increased cost of retiree health coverage,
and court decisions which interpret the rights of older
workers. The fact that workers are less likely tohave employer-
provided retiree health coverage is of great concern to Subcommittee
members and highlights the need to examine the retiree health landscape
with an eye toward preparing the American worker for a healthy
retirement.
On November 1, 2001, the Subcommittee heard testimony on
preserving retiree health benefits. The hearing focused on the
demographic composition of the population that is both retired
and nearing retirement, the health costs associated with this
population, the changing nature of the workforce, and the
resulting changes to the landscape of employer sponsored
retiree health coverage.
William Scanlon, director of health care issues for the
General Accounting Office, testified that many retired
Americans, approximately 10 million aged 55 or over, relied on
employer-sponsored health benefits in 1999 to provide health
coverage until they became eligible for Medicare or as
supplemental coverage to pay for out-of-pocket costs not
covered by Medicare. However, the number of employers offering
these benefits has declined considerably over the past decade.
This decline, coupled with the sheer numbers of the aging baby
boom population, has raised concerns about whether individuals
will continue to have access to employer-sponsored health
benefits when they retire and, if not, whether alternative
sources of coverage may assist in meeting retirees' health care
needs.
On May 16, 2002, the Subcommittee held a hearing to examine
the issue of retiree health care costs, or ``legacy costs,'' in
a broad cross-section of industries, such as the steel and
automobile manufacturing industries, and the implications of
such costs for both employers and retirees. The hearing also
focused on how employers are implementing innovative solutions
to balance the needs of their employees' retiree health with
today's financial realities.
Subcommittee members learned at this hearing that many
employers who offer retiree coverage are implementing
innovative solutions to balance the needs of their employees'
retiree health with today's financial realities. The Ford Motor
Company is one such employer. Dr. Vincent Kerr, director of
health care management for the Ford Motor Company, said that
although the retiree populations at Ford represent less than
half of the total population (44 percent), their health care
cost accounted for 66 percent of the total cost in 2001. Ford's
cost for retiree health care benefits in 2001 amounted to $2.5
billion, a 25 percent increase over 2000.
Despite these rising costs, Kerr said Ford has undertaken a
variety of initiatives to both improve the quality and control
costs while still providing comprehensive retiree health care
benefits. Kerr concluded legislation that discourages employers
from offering health benefits to their employees and retirees
should be rejected.
The steel industry and sponsors of recent legislative
proposals have suggested the federal government should assume
the retiree health legacy costs (corporate liabilities) for the
steel industry. Though the steel industry has large corporate
retiree health liabilities, Subcommittee members noted other
industries have far larger legacy costs. Given the fact that
sizeable legacy costs are spread across many industries, and
the fact that employees of all sectors are facing the
inevitability that they will have to shoulder more of the cost
of their health care in retirement, Congress should carefully
consider whether to set the precedent of assuming one
industry's legacy costs, and the implications that will have on
other industries that face these same issues, members noted.
Assessing federal and state laws on genetic non-discrimination
The Employer-Employee Relations Subcommittee, chaired by
Rep. Sam Johnson (R-TX), held several hearings during the 107th
Congress on an increasingly important health care subject--the
question of how genetic information should be used in the
context of employer sponsored health care or employment
decisions generally.
On June 26, 2000, researchers at the National Institutes of
Health (NIH) announced they had successfully completed a
``rough map'' of the Human Genome. This research makes possible
a wide universe of genetic research and discovery. As genetic
factors become more identifiable and genetic testing advances,
doctors and researchers will be able to predict, prevent and
cure human disease, including that which is influenced by our
own genes. The advanced progress of the Human Genome research
has fostered a public policy discussion about who should have
access to our unique genetic information and what role this
information will play in health care treatment and research,
health insurance coverage, and employment.
There is a general consensus that (1) health care provided
by employers should be a benefit of the job, unrelated to
health care status, genetic or otherwise, and (2) employers
shouldn't use genetic information to determine eligibility for
this very important benefit. In June 2001, during his weekly
radio address, President Bush announced his opposition to
genetic discrimination in employment and his support for
legislation to address this issue. In addition, in February
2000, President Clinton issued an executive order prohibiting
federal government agencies from discriminating on the basis of
genetic information and called upon the Congress to enact
similar protections for the private sector.
Before proposing or supporting additional federal mandates,
however, the Employer-Employee Relations Subcommittee has tried
to take an extensive look at current laws and regulations,
federal and state, which govern genetic discrimination,
privacy, and use of genetic information in employer sponsored
health plans.
Genetic information and testing are very complex scientific
issues, members noted, suggesting it is very important to
carefully consider this extremely complex area of law and
science to ensure any legislation enacted is precise and
measured in its impact. Unintended consequences of hasty
legislating may have serious implications for employers and
employees, members warned.
Subcommittee members noted that several existing laws
govern the privacy and use of genetic information, and the
protection against discrimination because of genetic factors.
In addition, more than half of the states have enacted laws
that further restrict the use of genetic information in health
insurance underwriting and employment decisions.
In 1996, Congress enacted the Health Insurance Portability
and Accountability Act (HIPAA) to prohibit employer-sponsored
group health plans and health insurance issuers fromusing
genetic information to establish rules for eligibility or continued
eligibility. HIPAA also required the Department of Health & Human
Services (HHS) to recommend to Congress ways to ensure the privacy of
medical information, and in the absence of Congressional action, to
issue regulations that govern the confidentiality of medical
information. The HHS Department released these regulations on April 14,
2001; they limit the use and disclosure of personal health information,
including genetic information, in various ways.
The Subcommittee held two hearings on genetic non-
discrimination and its implications for employers and
employees, on July 24, 2001, and September 6, 2001. Witnesses
covered a broad range of issues related to genetic non-
discrimination, including how current federal and state law
already protects individuals from genetic discrimination,
statistics on the practice of testing workers for genetic
predispositions toward illnesses, legitimate uses of genetic
screening and monitoring to prevent workers' exposure to
workplace hazards, appropriate enforcement mechanisms and
penalties, and the best way to define genetic information and
testing. Witnesses also urged Congress to proceed cautiously
before crafting any new mandates.
Providing emergency relief for displaced U.S. workers
The September 11, 2001, terrorist attacks had a devastating
and direct impact on the U.S. economy and many Americans lost
their jobs as a result. In response, President Bush quickly
outlined a plan designed to help those who lost their jobs; get
people working again to jump-start the economy; and help ensure
displaced workers have access to health care.
On October 12, 2001, House Education & the Workforce
Committee Chairman John Boehner (R-OH), Employer-Employee
Relations Subcommittee Chairman Sam Johnson (R-TX), and 21st
Century Competitiveness Subcommittee Chairman Buck McKeon (R-
CA) introduced the Back to Work Act (H.R. 3112)--President
Bush's plan to expand the federal ``safety net'' for workers
displaced in the wake of the September 11 attacks.
Following the attacks, the Labor Department acted
decisively to mobilize the existing safety net for displaced
workers and their families. On October 16, 2001, U.S. Secretary
of Labor Elaine Chao appeared before the Education & the
Workforce Committee to urge Congress move quickly to enact
President Bush's ``Back to Work'' plan to strengthen existing
protections for displaced American workers and their families.
Chao emphasized that the President's worker relief proposal was
one that could be implemented quickly, flexibly, and without
creating new bureaucracies.
On three separate occasions, supported by members of the
Employer-Employee Relations Subcommittee, the House passed
elements of the President's Back to Work plan. On August 6,
2002, President Bush signed into law the Trade Promotion
Authority and Trade Adjustment Assistance Act (TAA), which
incorporated key elements of his Back to Work proposal, first
offered during the fall of 2001 to expand the federal safety
net for workers displaced by the September 11 attacks and its
economic aftershocks.
Expanding U.S. trade and creating new jobs is critical to
the nation's economic future, members noted, but it is also
important to ensure that thousands of displaced workers and
their families who have seen difficult times have access to
quality health care even as they struggle to return to work. As
a result, the Back to Work provisions in the TAA authorize $510
million in special National Emergency Grants (NEGs),
administered by the Secretary of Labor, to help displaced
workers maintain health coverage, obtain childcare assistance,
and receive job training as the economy recovers from its
current slowdown. $60 million was appropriated for these grants
in the first year.
National Emergency Grants (NEGs) are federal grants
administered by the Labor Secretary, and they may be awarded to
any state experiencing plant closings or mass layoffs.
Currently, the grants may be used to support job training and
reemployment services and to make certain limited payments to
individuals enrolled in training. The grants also may be used
to help pay for services such as childcare and transportation,
to help individuals complete training and transition back to
work. The new TAA-NEGs are available to states in order to
assist them in providing health care coverage and other
services to workers who are adversely impacted by trade.
The Back to Work law is a compassionate one, members
noted--not just because it provides workers in need with
flexibility and resources, but also because it recognizes that
a displaced worker's true goal, ultimately, is to return to
work. It will help every worker return to work as quickly as
possible, and in the meantime, help ensure they and their
families have access to quality health insurance as well as
employment and job training resources.
Examining how workplace violence threatens safety of U.S. workers
Beginning a series of hearings on emerging trends in
employer and labor law, the Employer-Employee Relations
Subcommittee held a hearing on September 26, 2002, to examine
the issue of workplace security. As a result of the September
11 attacks, many companies placed a renewed emphasis on
security for their workers.
The subcommittee's examination of the issue of workplace
violence reflected members' belief that violence in the
workplace cannot be tolerated, and all American workers should
be able to perform their jobs in a safe environment. Witnesses
testified that the impact of violence in the workplace has cost
employers billions of dollars in lost work time and wages,
reduced productivity, medical costs, worker compensation
payments, legal, and security expenses. Previously reserved for
law enforcement's expertise, business owners, managers, and
human resources professionals are now required to turn
attention to violent and threatening behavior affecting the
workplace.
The September 26, 2002, hearing explored several instances
of violence in the workplace. David Horn, the vice president
and general counsel of AK Steel Corporation, detailed for the
subcommittee a number of violent incidents that have occurred
at its Mansfield, Ohio, plant as part of an ongoing labor
dispute now entering its fourth year. While noting his
company's belief that most union members deplore the seamy
underbelly of violent activity in which some of itsradical
members engage, Mr. Horn expressed his frustration that union leaders
have laced their rhetoric against his company to their members with
references to violence or violent acts against their company and its
replacement workers.
Carl Donaway, the chairman and CEO of Airborne Express,
told the subcommittee of the problems his company experienced
when an employee made violent threats against other employees.
Dealing with the threat immediately, Airborne dismissed the
employee only to see him reinstated by a grievance panel. As
the appeals process went forward, legal advisors to the company
suggested that it was likely the employee would be reinstated
again even though he was an obvious threat to the company. As a
result, Donaway said Airborne was forced to enter into a
settlement for both the litigation and the grievance that
included a substantial payment to secure the employee's
resignation.
Holding union leaders accountable to rank-and-file members
The 1959 Labor Management Reporting and Disclosure Act
(LMRDA)--designed to serve as the first line of defense against
union corruption--requires union leaders to disclose certain
information to union members about their democratic rights,
including information about member union dues and how they are
spent, financial audits, strike authorizations, contract
ramifications, member disciplinary procedures, the election and
removal of union officers, and other democratic rights. The law
was meant to protect civil liberties, provide fair elections in
unions, and afford recourse in federal courts and the Labor
Department against abuses by union leaders. Today, the LMRDA
covers some 13.5 million members in more than 30,000 unions
that hold more than $15 billion in assets.
Hearings by the Employer-Employee Relations Subcommittee
revealed during the 107th Congress that many labor unions fail
to fulfill their obligations under the LMRDA, undermining
accountability and leaving rank-and-file union members in the
dark about their rights under the law. Federal labor law is
intended to ensure that rank-and-file union members have a
full, equal, and democratic voice in union affairs. Armed with
knowledge, union members will have better tools to elect
leaders who will work in their best interest--and to hold
accountable union officials who serve their own interests.
Holding Union Leaders Accountable for How Member Dues are
Spent. On April 10, 2002, the Employer-Employee Relations
Subcommittee held a joint hearing with the Workforce
Protections Subcommittee about whether the Labor Department's
union financial reporting program is meeting the requirements
of the LMRDA, which requires each union to file annual reports
with the Labor Secretary to disclose certain information about
their finances. The hearing revealed that the latest Labor
Department data showed that in 2000 approximately 43 percent of
all unions either turn in their financial disclosure reports
late or not at all. A preliminary look at the 2001 data
revealed that 60 percent of unions failed to properly make
these required financial disclosures.
As a result of this failure, Subcommittee members learned
that many rank-and-file union members are left without vital
information about how their own union leaders spend union dues.
The LMRDA financial disclosure reports are the cornerstone of
union democracy, witnesses testified, and are designed to serve
as the first line of defense against union corruption. But many
union leaders have refused to meet these disclosure
requirements, undermining accountability and leaving rank-and-
file union members in the dark about the finances of their
unions.
Subcommittee members argued forcefully that union members
have a right to know how their dues are being spent, and the
failure of union leadership to follow current law and file the
required financial disclosure forms is disrespectful to the
rank-and-file workers they claim to represent. This problem is
exacerbated by the fact that the Labor Department has little
authority to hold union leaders accountable for filing this
critical information on time.
These unions can face criminal chargers through the Justice
Department. Since the LMRDA was enacted in 1959, however, the
Justice Department has never prosecuted a union for reporting
irregularities under the LMRDA. As a result, thousands of union
members are not equipped with vital information about the
status of their union, and specifically how union leaders spend
union dues. In addition, Labor Department compliance audits
have fallen from a high of 1,583 in 1984 to only 238 in 2001.
Today, 10 of the largest unions have never been audited.
At the April 10th Employer-Employee Relations Subcommittee
hearing, Deputy Labor Secretary Cameron Findlay acknowledged
that the Labor Department ``does not have sufficient
enforcement tools to punish wrongdoers.'' In fact, the General
Accounting Office found in a recent study that without the
threat of civil penalties, compliance with the law is largely
voluntary.
On July 18, 2002, the Employer-Employee Relations
Subcommittee approved by an 8-5 vote the Labor Management
Accountability Act (H.R. 4054), which ensures that union
leaders respect the law. For the first time, the bill allows
the Labor Secretary to assess civil penalties on unions that
either file late, or fail to file altogether, financial
disclosure reports. Just as unions must file Labor-Management
(LM) forms, so must employers. H.R. 4054 would apply to both
employers and labor organizations that fail to file or file
their LM forms late. The reforms are balanced, covering
employers as well as unions, and ensure that civil penalties
are proportionate to the size of the union or employer.
Notifying Union Members About their Democratic Rights. The
LMRDA requires union leaders to disclose certain information to
union members about their democratic rights. However, Employer-
Employee Relations Subcommittee hearings revealed that many
unions have argued that notifying members of their democratic
rights just once satisfies their legal obligation under the
LMRDA, and that they never have to notify members again, even
members who started work long after the notice took place. As
one advocacy group promoting union democracy, the Association
for Union Democracy, points out, ``a whole generation of
unionists was replaced by another, but unions never again
complied'' with the notice requirements.
The best example comes from litigation commenced in 1997,
almost 40 years following enactment of LMRDA, when three
machinists took their International Association of
Machinists(IAM) to federal court complaining that the union members had
never been informed of their rights under the LMRDA by their union. The
IAM, in turn, argued to the court that their one time publication of
these rights, in 1959, fully satisfied their legal obligations. Simply
stated, the IAM and most other unions as of 1997 believed that they had
no continuing obligation to notify their members of their rights and
that a one-time notice made before most of their current members were
even born sufficed in meeting Congress' mandate. The Federal Circuit
Court of Appeals noted in Thomas v. IAM that the union argument was
totally without foundation and ruled in favor of the three machinists
by concluding that unions have a continuing obligation to notify
members of their rights.
On September 18, 2002, the Employer-Employee Relations
Subcommittee passed two bills (H.R. 5373 and H.R. 5374)--both
authored by Subcommittee Chairman Sam Johnson (R-TX)--to ensure
that rank-and-file workers receive information from their
unions on the rights and remedies guaranteed them under the
LMRDA. Both measures passed by votes of 8-6.
The Union Members' Right-to-Know Act (H.R. 5374) clarifies
that unions must disclose to union members certain information
about their rights, such as member union dues, membership
rights, member disciplinary procedures, the election and
removal of union officers, the calling of regular and special
meetings, and other democratic rights. The bill requires unions
to make these disclosures to members within 90 days of joining
a union, essentially codifying the recent Thomas v. IAM Federal
Circuit Court of Appeals decision.
The Union Member Information Enforcement Act (H.R. 5373)
authorizes the Labor Secretary to investigate union member
complaints of a union's failure to meet these disclosure
requirements and bring suit on their behalf those union members
to enforce the law. Under current law, the Labor Department
cannot enforce the law on behalf of union members, thus forcing
them to hire their own attorney and face the legal expertise
available to their union to enforce the right to receive basic
information. The high cost of litigation is the main reason why
unions have been able to ignore this legal obligation for more
than four decades.
Assessing the economic impact of the western port labor dispute
The Employer-Employee Relations Subcommittee held a hearing
in October 2002 focusing on the economic impact of the Western
port labor dispute between the International Longshore and
Warehouse Union and the Pacific Maritime Association. The work
stoppage had a damaging impact on all sectors of the nation's
economy. Some experts say it cost the U.S. economy $2 billion
each day the ports remained closed. President Bush later
invoked the Taft-Hartley Act to institute an 80-day ``cooling
off'' period and reopen the ports. The President's decision
sided with America's workers so that the work stoppage would
not further damage the economy.
On October 8, 2002, the Employer-Employee Relations
Subcommittee heard from various industries affected by the
labor dispute, and examined whether a Taft-Hartley injunction
is an effective way to avoid the economic damages that could
result from prolonged labor disputes that affect vital segments
of U.S. international commerce. Each day the impasse was left
unresolved, Subcommittee members learned, it imposed new
hardships and costs on manufacturers, retailers, farmers, and
their workers.
The Subcommittee heard from a mass retailer and
manufacturer to assess the impact of the labor dispute. Kathryn
Lavriha, the senior vice president of state governmental
affairs for the International Mass Retail Association, said
that many manufacturing plants across this country have gone to
reduced shifts or have completely shut down their lines for
need of parts. Because of the dispute, she said that the retail
industry is virtually certain to have a poor holiday season and
will further delay a strong economic recovery.
John Jokinen, chief executive officer of the furniture
manufacturer E.J. Victor, Inc. in Morganton, North Carolina,
noted that his company has several containers of furniture
products waiting to be loaded in Long Beach onto outbound
ships, headed for China and Japan. He warned that the shutdown
could force the company to reduce their workforce.
Hard-working Americans, especially union workers around
this nation who depend on open ports for their jobs, should not
be held hostage by a labor dispute, Subcommittee members
agreed. With the financial tab already in the billions and with
the nation on the brink of war, it was critically important
that President Bush side with working families and reopen the
ports so that the work stoppage could not further damage the
economy.
II. Hearings Held By the Subcommittee
107th Congress, First Session
April 5, 2001--Hearing on ``Enhancing Retirement Security:
H.R. 10, the Comprehensive Retirement Security and Pension
Reform Act of 2001'' (107-12).
June 12, 2001--Hearing on ``ERISA: The Foundation of
Employee Health Coverage'' (107-18).
July 17, 2001--Hearing on ``H.R. 2269, Retirement Security
Advice Act of 2001'' (107-22).
July 24, 2001--Hearing on ``Genetic Non-Discrimination:
Implications for Employers and Employees'' (107-25).
September 6, 2001--Hearing on ``Genetic Non-Discrimination:
Implications for Employer Provided Health Care Plans'' (107-
29).
November 1, 2001--Hearing on ``Retirement Security for the
American Worker: Opportunities and Challenges'' (107-37).
107th Congress, Second Session
February 13, 2002--Hearing on ``Enron and Beyond: Enhancing
Worker Retirement Security'' (107-44).
February 27, 2002--Hearing on ``Enron and Beyond:
Legislative Solutions'' (107-44).
March 13, 2002--Hearing on ``Assessing Mental Health
Parity: Implications for Patients and Employers'' (107-51).
April 10, 2002--Joint hearing on ``Record Keeping under the
LMRDA: Do DOL Reporting Systems Benefit the Rank and File?''
(Jointly with Subcommittee on Workforce Protections) (107-55).
May 16, 2002--Hearing on ``Assessing Retiree Health Legacy
Costs: Is America Prepared for a Healthy Retirement? (107-64).
June 18, 2002--Hearing on ``The Rising Cost of Health Care:
How are Employers and Employees Responding?'' (107-66).
June 27, 2002--Hearing on ``Reporting and Disclosure Under
the Labor-Management Reporting and Disclosure Act (LMRDA):
Legislative Reform Proposals'' (107-55).
July 9, 2002--Hearing on ``Expanding Access to Quality
Health Care: Solutions for Uninsured Americans'' (107-69).
September 10, 2002--Hearing on ``Retirement Security for
American Workers: Examining Pension Enforcement and
Accountability'' (107-76).
September 26, 2002--Hearing on ``Emerging Trends in
Employment and Labor Law: Examining the Need for Greater
Workplace Security and the Control of Workplace Violence''
(107-80).
October 8, 2002--Hearing on ``Emerging Trends in Employment
and Labor Law: Labor-Management Relations in a Global Economy''
(107-84).
III. Markups Held By the Subcommittee
107th Congress, First Session
August 2, 2001--H.R. 2269, Retirement Security Advice Act
of 2001--ordered favorably reported to the Full Committee by
voice vote.
107th Congress, Second Session
July 18, 2002--H.R. 4054, Labor-Management Accountability
Act--ordered favorably reported, as amended to the Full
Committee by a vote of 8-5.
September 18, 2002--H.R. 5374, Union Members' Right to Know
Act--ordered favorably reported, as amended to the Full
Committee by a vote of 8-6.
H.R. 5373, Union Member Information Enforcement Act--
ordered favorably reported, as amended to the Full Committee by
a vote of 8-6.
IV. Subcommittee Statistics
Total Number of Bills and Resolutions Referred to Subcommittee 137
Total Number of Hearings...................................... 17
Field..................................................... 0
Joint with Other Committees............................... 1
Total Number of Subcommittee Markup Sessions.................. 3
Total Number of Bills Reported From Subcommittee.............. 4
SUBCOMMITTEE ON WORKFORCE PROTECTIONS
I. Summary of Activities
Significant energy was devoted during the 107th Congress to
the needs of American workers and their families. The Workforce
Protections Subcommittee, chaired by Rep. Charlie Norwood (R-
GA), was the scene of much of this activity in 2001 and 2002.
The Workforce Protections Subcommittee has jurisdiction
over worker health and safety laws; wages and hours laws;
workers' compensation; and oversight of compulsory union dues.
Several key issues emerged during the 107th Congress, including
a burdensome ergonomics regulation that could have jeopardized
employees and employers across the country, enforcing Beck
rights to give workers the freedom from being forced to support
ideological causes with which they genuinely disagree, and
modernizing federal labor laws to give working men and women
the ability to meet the competing demands of family and work in
the 21st century.
A significant focus of the Subcommittee's early activities
in the 107th Congress was the rulemaking process of the
Occupational Safety and Health Administration (OSHA),
particularly the ergonomics regulation imposed in the waning
days of the Clinton Administration that threatened to place
America's employees and employers in an unworkable regulatory
straightjacket. With the help of members of the Workforce
Protections Subcommittee, the House and Senate passed a
resolution to repeal the regulation, and President Bush signed
it into law in March 2001. The Subcommittee held hearings on
the strengths and weaknesses of OSHA's current rulemaking
process, and examined ways that private consensus standard-
setting organizations may be better able to work with OSHA,
both in OSHA's rulemaking process and also in providing their
technical expertise in partnerships with the agency.
The Subcommittee also held a series of hearings during the
107th Congress on the enforcement, or lack of enforcement, of
worker rights under the U.S. Supreme Court's 1988 Beck
decision. The Court's ruling in Communication Workers v. Beck
signaled freedom for workers against being forced to support
ideological causes with which they genuinely disagree. However,
members noted, it has been more than a dozen years since the
Court's decision, and there is strong evidence that suggests
this practice continues because certain procedural and
practical hurdles often stand between workers and the exercise
of their rights. Evidence suggests further that these hurdles
are so routinely encountered by workers that the problem is
systematic.
As part of the series of hearings, the Subcommittee in June
2002 heard testimony from Dennis Robey, a high school
industrial arts teacher in Ohio. Robey testified on how he
informed the National Education Association (NEA) in 1995 about
his religious objections of using dues money for political
activities he opposed and requested that it be donated to
charities. In part because of the Subcommittee's hearings, the
NEA agreed to reverse its policy of forcing union members to
fund political activities they oppose on religious grounds.
Workplace flexibility was another issue addressed by the
Workforce Protections Subcommittee during the 107th Congress.
Some federal labor laws, which typically reflect the 1930s
environment of high unemployment, economic stagnation, scarce
jobs, and hierarchical management, are counterproductive in the
modern economic environment of tight labor markets, rapid
change, multiple-earner households, and rising productivity
built on principles of teamwork and collaboration in the
workplace, members argued. As a consequence, the Subcommittee
held hearings on several issues to examine the need to reassess
whether current employment laws are meeting the needs of men
and women in today's workplace.
As part of this effort, the Subcommittee held a series of
hearings on the benefits of compensatory time that revealed
current federal law does not meet the needs of today's
workforce. Several witnesses testified that changes in work and
in the composition of the workforce--particularly the rise in
the number of working mothers--underscore the need for greater
flexibility in work schedules. Another hearing also highlighted
the benefits of various flexible work schedules already used by
public sector employees, including compensatory time, and how
such benefits could easily be extended to their private sector
counterparts.
To respond to this need, Subcommittee Vice-Chairman Judy
Biggert (R-IL) introduced the Working Families Flexibility Act
(H.R. 1992), which modernizes the 1938 Fair Labor Standards Act
to give working men and women more power and control over their
lives. The bill removes obstacles in federal law that prevent
many employers from providing hourly paid workers increased
flexibility to spend time with family, attend teacher
conferences, care for an ill relative, extend maternity and
paternity leave, or other family needs that may arise.
Exploring an important issue that gained new attention in
the wake of the September 11 attacks, the Committee examined
the causes and impact of the national nursing shortage as well
as possible remedies for Congress to consider. Members found
the nation's hospitals are facing a growing shortage of
qualified, experienced nursing professionals, and are
increasingly challenged to find new ways to recruit and retain
nurses. The House later passed the Energy & Commerce Committee-
reported bill, the Nurse Reinvestment Act (H.R. 3487), which
addresses the nation's nursing shortage through nursing
education and recruitment programs. President Bush signed the
measure into law on August 1, 2002.
The following summary contains further details about these
activities of the Workforce Protection Subcommittee during the
107th Congress.
Repealing the flawed, Clinton-era ergonomics regulation
In March 2001, Congress and President Bush took action to
help employees and employers alike by repealing the flawed
``ergonomics safety'' rule imposed in November 2000 as one of
the Clinton Administration's parting acts. The rule took effect
January 16, 2001, four days before President Bush took office.
The regulation--one of the most complex, burdensome, and
questionable rules in the 30-year history of the Occupational
Safety and Health Administration (OSHA)--would have saddled six
million employers and 93 million employees with restrictive new
rules at a time when America's economy was showing signs of a
slowdown.
After President Bush took office, both the House and Senate
acted to invoke the Congressional Review Act to repeal the OSHA
ergonomics regulation. The Senate passed the resolution to
repeal the regulation on March 6, 2001, and the House approved
it a day later. President Bush signed the regulation repeal
into law on March 20, 2001.
Musculoskeletal injuries are a very serious issue, but
there were significant problems with this regulation. While the
Bureau of Labor Statistics continues each year to report a
decline in both workplace injuries and ergonomic injuries, this
last-minute, Clinton-era regulation failed to adequately deal
with the complex issues raised by ergonomics and posed more
problems than it solved. The repeal of this unworkable
regulation has allowed the Labor Department to develop a
responsible and comprehensive approach that truly protects the
interests of workers and employers. This was the right approach
for employees and employers at a time of economic uncertainty.
In early 2002, Labor Secretary Elaine Chao announced the
department's new plan to reduce ergonomics-related injuries
through voluntary, industry-targeted guidelines, tough
enforcement measures, workplace outreach, and advanced
research. On April 25, 2002, the Workforce Protections
Subcommittee, chaired by Rep. Charlie Norwood (R-GA), heard
testimony from John Henshaw, head of the Occupational Safety
and Health Administration (OSHA), on the Labor Department's
plan to work with employers to protect workers against
workplace ergonomics injuries. Chairman Norwood promised to
work closely with the Administration to ensure the successful
implementation of the plan.
Improving the benefits process for black lung victims
On November 2, 2002, President Bush signed into law the
Black Lung Consolidation of Administrative Responsibilities Act
(H.R. 5542)--sponsored by Rep. Melissa Hart (R-PA)--to improve
the benefits process for Black Lung victims. The House had
passed the measure by a vote of 404-0 on October 9, 2002, and
the Senate later passed it unanimously on October 17, 2002.
The new law consolidates the administration of Black Lung
workers' compensation benefits within the Department of Labor
(DOL), allowing the department to provide benefits to former
miners more efficiently and effectively. The program is
critical to thousands of former miners who are Black Lung
victims. By streamlining the bureaucracy, DOL can devote more
resources to making prompt claims decisions and timely benefit
payments to beneficiaries. This common sense solution improves
the administration of benefits while ensuring that Black Lung
victims continue to receive a high level of customer service.
The new law implements a longstanding recommendation by the
Inspector Generals at DOL and the Treasury Department's Social
Security Administration (SSA) that DOL should administer all
aspects of the Black Lung medical benefits provided to former
miners. The proposal was initially outlined in President Bush's
FY 2003 budget. DOL previously managed all federal Black Lung
claims except for formal appeals on Part B claims that are
referred to Treasury Department's SSA. The new law transferred
all remaining administrative functions to DOL, while retaining
all regulations currently applicable to the beneficiaries'
entitlements.
Through the Labor Department, the federal Black Lung
program provides just under $460 million annually in monetary
and medical benefits to former coal mine workers totally
disabled by pneumoconiosis (Black Lung), a crippling
respiratory condition, and their survivors. The Black Lung
benefits program was enacted as part of the 1969 Coal Mine
Health and Safety Act, the first comprehensive federal
initiative to regulate health and safety conditions in the coal
industry.
Protecting the Beck rights of union members
Workforce Protections Subcommittee Chairman Charles Norwood
(R-GA) held a series of hearings on the enforcement (or lack of
enforcement) of worker rights under the U.S. Supreme Court's
1988 Beck decision. The Court's ruling in Communication Workers
v. Beck signaled freedom for workers against being forced to
support ideological causes with which they genuinely disagree.
However, members noted, it has been more than a dozen years
since the Court's decision, and there is strong evidence that
suggests this practice continues because certain procedural and
practical hurdles often stand between workers and the exercise
of their rights. Evidence suggests further that these hurdles
are so routinely encountered by workers that the problem is
systematic.
As part of the series of hearings on this issue, the
Subcommittee in June 2002 heard testimony from Dennis Robey, a
high school industrial arts teacher in Huber Heights, Ohio.
Robey testified on how he informed the National Education
Association (NEA) in 1995 about his religious objections of
using dues money for political activities he opposed and
requested that it be donated to charities.
The NEA and three of its Ohio affiliates later reluctantly
agreed to reverse the policy of forcing union members to fund
political activities they oppose on religious grounds. In
October 2002, the NEA and three of its Ohio affiliates agreed
to allow dues-paying union members who have religious
objections to political causes funded by the NEA to have their
dues money donated to charity, rather than to political causes
they object to. The NEA policy has consistently threatened the
rights of teachers around the country and led to intimidation
and harassment, Chairman Norwood noted in an October 24, 2002
statement highlighting the union's reversal.
The Workforce Protections Subcommittee's efforts have been
critical in shining light on the Robey case and the issue of
forcing union members to support activities they oppose based
on their religious beliefs. Members were adamant in insisting
American citizens should not be compelled to contribute to
causes that violate their religious beliefs. While more work
lies ahead, the hearings held by the Workforce Protections
Subcommittee played an important role in prompting the NEA to
begin to reverse this misguided policy.
Holding union leaders accountable to rank-and-file union members
On April 10, 2002, the Workforce Protections Subcommittee
held a joint hearing with the Employer-Employee Relations
Subcommittee, chaired by Rep. Sam Johnson (R-TX), about whether
the Labor Department's union financial reporting program is
meeting the requirements of the Labor Management Reporting and
Disclosure Act (LMRDA), which requires each union to file
annual reports with the Labor Secretary to disclose certain
information about their finances.
The LMRDA was intended to ensure that rank-and-file union
members have a full, equal, and democratic voice in union
affairs. But the latest data from the Labor Department showed
that in 2000 approximately 43 percent of all unions either turn
in their financial disclosure reports late or not at all. A
preliminary look at the 2001 data reveals that 60 percent of
unions failed to properly make these required financial
disclosures.
As a result of this failure, many rank-and-file union
members are left without vital information about how their own
union leaders spend union dues. The LMRDA financial disclosure
reports are the cornerstone of union democracy and are designed
to serve as the first line of defense against union corruption.
But many union leaders have refused to meet these disclosure
requirements, undermining accountability and leaving rank-and-
file union members in the dark about the finances of their
unions.
Union members have a right to know how their dues are being
spent; and, legal requirements aside, the failure of union
leadership to follow current law and file the required
financial disclosure forms is disrespectful to the rank-and-
file workers they claim to represent. This problem is
exacerbated by the fact that the Labor Department has little
authority to hold union leaders accountable for filing this
critical information on time.
These unions can face criminal charges through the Justice
Department. Since the LMRDA was enacted in 1959, however, the
Justice Department has never prosecuted a union for violating
the law. As a result, thousands of union members are not
equipped with vital information about the status of their
union, and specifically how union leaders spend union dues. In
addition, Labor Department compliance audits have fallen from a
high of 1,583 in 1984 to only 238 in 2001. Today, 10 of the
largest unions have never been audited.
At an April 10, 2002 hearing, Deputy Labor Secretary
Cameron Findlay acknowledged the Labor Department ``does not
have sufficient enforcement tools to punish wrongdoers.'' In
fact, the General Accounting Office found in a recent study
that without the threat of civil penalties, compliance with the
law is largely voluntary.
In July 2002, the Employer-Employee Relations Subcommittee
passed the Labor Management Accountability Act (H.R. 4054) to
ensure that union leaders respect the law. For the first time,
the bill allows the Labor Secretary to assess civil penalties
on unions that either file late, or fail to file altogether,
financial disclosure reports.
Subcommittee Chairman Norwood also introduced his own
``Workers' Bill of Rights'' (H.R. 4636), which would update
important elements of the National Labor Relations Act. Among
other things, it would establish new procedures concerning
union member's democratic rights, elections of union officers,
and the establishment and administration of union trusteeships.
Helping parents balance demands of family and work
As working men and women find it increasingly difficult to
balance family and work responsibilities, their employers are
often hampered by outdated federal law in their attempts to
accommodate worker requests for more flexible work schedules.
According to the Employment Policy Foundation, 42 percent or 20
million full-time hourly workers are currently denied the
opportunity to use flexible work schedules like those that
provide compensatory time off instead of overtime.
The need for greater workplace flexibility in a changing
economy was an important focus for the Workforce Protections
Subcommittee during the 107th Congress. To address the growing
issue, subcommittee Vice Chair Judy Biggert (R-IL) introduced
the Working Families Flexibility Act (H.R. 1992), which
modernizes the 1938 Fair Labor Standards Act to give working
men and women more control over their lives. Specifically, the
bill allows working men and women, through an agreement with
their employer, to choose paid time off as compensation for
working overtime hours. This flexible working arrangement,
known as ``compensatory time,'' is designed to help working men
and women achieve a greater balance between family and work
obligations. The bill removes obstacles in federal law that
prevent many employers from providing hourly paid workers
increased flexibility to spend time with family, attend teacher
conferences, care for an ill relative, extend maternity and
paternity leave, or other family needs that may arise.
The Workforce Protections Subcommittee held a series of
hearings on the benefits of compensatory time that revealed how
current federal law doesn't meet the needs of today's
workforce. Today's workplace is dramatically different and more
complex than the workplace of the 1930s and 1940s, but the FLSA
has not been updated to meet the challenges that workers now
face. Several witnesses testified that changes in work and in
the composition of the workforce--particularly the rise in the
number of working mothers--underscore the need for greater
flexibility in work schedules.
Another hearing also highlighted the benefits of various
flexible work schedules already used by public sector
employees, including compensatory time, and how such benefits
could easily be extended to their private sector counterparts.
For nearly two decades, public sector employees have enjoyed
the benefits of flexible work schedules, such as the ability to
receive compensatory time in lieu of overtime pay if they
choose. Several witnesses noted how it is troubling that the
federal government has not extended this same benefit to
hardworking private sector employees who contribute equally to
this nation's workforce and economy.
The Workforce Protections Subcommittee's efforts with
respect to workforce flexibility during the 107th Congress have
helped to pave the way for what could be significant
legislative action in 2003 on an issue of great concern to
working families.
Modernizing federal law for 21st century employees
Under current law, many skilled, well-paid workers are
prevented from reaching their full earning potential. In many
cases, sales employees could, and would like to, earn more
income from generating additional sales, but are prevented from
doing so because overtime pay requirements keep them from
working additional hours.
The Fair Labor Standards Act (FLSA), enacted in 1938, does
not account for the use of technology in the workplace that has
changed the way that sales people perform their job. Under the
FLSA, salespeople working outside the confines of their
employers' workplace are exempt from overtime regulations,
while those selling from within an employer's establishment are
covered. Spurred by advances in technology, many sales
professionals who once would have spent much of their time
traveling are now ``inside'' salespeople. Current law prevents
many of these skilled workers from reaching their full income
potential.
The Sales Incentive Compensation Act, introduced by Rep.
Patrick Tiberi (R-OH) and Rep. Rob Andrews (D-NJ), updates the
1938 Fair Labor Standards Act (FLSA) to reflect the realities
of the modern workplace, where technology such as electronic
mail and faxes have changed the nature of sales employment.
Specifically, it would allow inside sales employees to be
exempt from the 40-hour workweek if they meet stringent
requirements regarding job duties and compensation. The measure
also includes a number of protections for employees in that it
guarantees that employees will receive a minimum amount of base
pay, and an additional amount of commissions. The Workforce
Protections Subcommittee held a hearing on the measure on June
7, 2001, and later approved it on June 27, 2001, by a vote of
8-6.
Helping workers get extra pay for extra effort
In June 2001, the Workforce Protections Subcommittee held a
hearing on the Rewarding Performance in Compensation Act (H.R.
1602)--introduced by Rep. Cass Ballenger (R-NC)--which would
encourage employers to offer bonus pay to their workers. The
hearing revealed that while the Fair Labor Standards Act (FLSA)
does not prohibit employers from providing these types of
rewards, it makes it difficult and confusing to do so.
Employers have found that rewarding workers for high
quality work improves performance and the ability of the
company to compete. Bonus or gainsharing plans can encourage
employee creativity and innovation, improve customer
satisfaction, and promote safety and efficiency. With
gainsharing, employees are assigned individual or group
productivity goals and the savings achieved from improved
productivity, or the gains, are then shared between the company
and the employees. The payouts are based directly on factors
under an employee's control, such as productivity or costs,
rather than on the company's profits. Thus, employees directly
benefit from improvements that they help to produce by
increasing their overall compensation.
Unfortunately, many employers who choose to operate such
pay plans can be burdened with unpredictable and complex
administrative costs. For example, if a bonus is based on
production, performance or other factors, the payment must then
be divided by the number of hours worked by the employee during
the time period that the bonus is meant to cover, and added to
the employee's regular hourly pay rate. This adjusted hourly
rate is used to calculate the employee's overtime rate of pay.
For other types of employees, such as executive,
administrative, or professional employees who are exempt from
minimum wage and overtime, an employer can easily give
financial rewards without having to recalculate rates of pay.
To address this issue, the Rewarding Performance in
Compensation Act would amend the FLSA to specify that an
employee's regular rate of pay for the purposes of calculating
overtime would not be affected by additional payments that
reward or provide incentives for employees who meet certain
goals. By eliminating disincentives in current law, this
measure will encourage employers to reward their employees and
make it easier for employers to share the wealth with their
employees.
Examining OSHA rulemaking and permissible exposure limits
Chairman Norwood and the Workforce Protections Subcommittee
held a series of hearings during the 107th Congress on the
strengths and weaknesses of Occupational Safety and Health
Administration's (OSHA) current rulemaking procedures.
One of the constants over the 30 years since enactment of
the OSH (Occupational Safety and Health) Act has been
controversy, and often dissatisfaction, with the rulemaking
process, Chairman Norwood and other members noted. Accordingly,
the subcommittee's hearings took a step back from the debate
over ergonomics issues in order to provide an overall
perspective on OSHA's rulemaking process. The Subcommittee took
a more specific look at how private consensus standard setting
organizations may be better able to work with OSHA--both in
OSHA's rulemaking process and also in providing their technical
expertise in partnerships with OSHA. The hearings revealed that
although OSHA is critical to American workers, the rulemaking
process had become increasingly burdensome with time.
The Subcommittee also explored ways to build consensus on
updating federal rules on employee exposure to airborne
contaminants and the process that determines those rules.
Called permissible exposure levels (PELs), such workplace
standards are governed by OSHA. Current PELs were adopted in
1971 and haven't been updated since. OSHA's attempt to do so in
the late 1980s--known as the PEL Project--was quashed by a
federal appeals court in 1992, opening the door to the
possibility of legislative reform.
Members noted most PELs are based upon scientific data and
research conducted before 1970, and many experts believe the
standards are out of date in the face of industrial
experience,new developments in technology, and more recent scientific
studies. As a result of the failure to update PEL standards, there is
arguably inadequate protection for many workers in terms of their
exposure to hazardous airborne contaminants. The Subcommittee's hearing
on the issue has spurred new discussions between industry and
government experts and revealed important areas of possible consensus
on an approach to updating PELs.
Exploring remedies to America's national nursing shortage
Exploring an important issue that gained new attention in
the wake of the September 11, 2001 attacks, the Education & the
Workforce Committee held a full committee hearing on September
25, 2001, to examine the causes and impact of the national
nursing shortage as well as possible remedies Congress could
consider. Hospitals are facing a growing shortage of qualified,
experienced nursing professionals, and are increasingly
challenged to find new ways to recruit and retain nurses,
members of the Workforce Protections Subcommittee and other
committee members noted.
Demand for nurses continues to increase as the population
served ages and acuity levels of patients increase, members
noted. At the same time, nurses are leaving the hospital
setting for other opportunities. While hospitals are making
changes to the nursing workplace to make employment more
attractive, recruitment efforts have not succeeded in filling
all of the empty positions. As a result, staffing challenges
are exacerbated.
In addition, the nursing workforce is aging, and fewer new
nurses are entering the profession to replace those who are
retiring or leaving, members noted. The average age of a nurse
now is just over 43 years old. Unfortunately, fewer young
people are choosing to pursue a career in nursing, and
enrollment in all nursing education programs has declined.
Certain populations remain under-represented in the nursing
field, including men and minorities. Hospitals are experience
tremendous vacancy rates for nursing positions. Overall, the
pipeline of new graduates from nursing programs is insufficient
to keep pace with demand, members learned.
While providers in many areas of the country say they
currently face a crisis, the shortage is only expected to
worsen, the committee's hearing revealed. By 2020, as the baby
boomers reach their late 60s and 70s and need more health care,
the nursing workforce is projected to fall to nearly 20 percent
below projected need.
The House later passed the Energy & Commerce Committee-
reported bill, the Nurse Reinvestment Act (H.R. 3487), which
addresses the nation's nursing shortage through nursing
education and recruitment programs. President Bush signed the
measure into law on August 1, 2002. Enactment of the measure
was supported by members of the Workforce Protections
Subcommittee and the full committee as a way to begin to
respond to this growing issue.
II. Hearings Held by the Subcommittee
107th Congress, First Session
May 10, 2001--Hearing on ``Beck Rights 2001: Are Workers
Being Heard?'' (107-15).
June 7, 2001--Hearing on H.R. 2070, ``The Sales Incentive
Compensation Act'' (107-17).
June 14, 2001--Hearing on ``Making Sense of OSHA
Rulemaking: A Thirty Year Perspective'' (107-19).
July 31, 2001--Hearing on H.R. 1602, ``Rewarding
Performance in Compensation Act'' (107-27).
November 1, 2001--Hearing on ``The Role of Consensus
Standard Setting Organizations With OSHA'' (107-19).
November 14, 2001--Hearing on ``Beck Rights 2001: Are
Worker Rights Being Adequately Enforced?'' (107-39).
107th Congress, Second Session
March 6, 2002--Hearing on ``Flexibility in the Workplace:
Does the Fair Labor Standards Act Accommodate Today's
Workers?'' (107-48).
April 10, 2002--Joint hearing on ``Record Keeping under the
LMRDA: Do DOL Reporting Systems Benefit the Rank and File?''
(Jointly with Subcommittee on Employer-Employee Relations)
(107-55).
April 25, 2002--Hearing on ``A Review of OSHA's Plan To
Reduce Ergonomic Injuries'' (107-61).
May 15, 2002--Hearing on ``Workplace Flexibility: Options
for Public Sector Workers'' (107-48).
June 20, 2002--Hearing on ``An Assessment of the Use of
Union Dues for Political Purposes: Is the Law Being Followed or
Violated'' (107-67).
July 16, 2002--Hearing on ``Can a Consensus Be Reached to
Update OSHA's Permissible Exposure Levels (PELs)'' (107-72).
July 23, 2002--Hearing on ``Compulsory Union Dues and
Corporate Campaigns'' (107-74).
III. Markups Held by the Subcommittee
107th Congress, First Session
June 27, 2001--H.R. 2070, Sales Incentive Compensation
Act--ordered favorably reported to the Full Committee by a vote
of 8-6.
IV. Subcommittee Statistics
Total Number of Bills and Resolutions Referred to Subcommittee 86
Total Number of Hearings...................................... 13
Field..................................................... 0
Joint with Other Committees............................... 1
Total Number of Subcommittee Markup Sessions.................. 1
Total Number of Bills Reported From Subcommittee.............. 1
SUBCOMMITTEE ON SELECTION EDUCATION
I. Summary of Activities
The protection of America's youth has been a key priority
for President Bush and the 107th Congress. The House Education
and the Workforce Subcommittee on Select Education, led by Rep.
Pete Hoekstra (R-MI), focused its work on that goal in 2001 and
2002, generating bipartisan results that have led to a more
secure future for the next generation of Americans.
The Select Education Subcommittee has jurisdiction over
programs and services that provide care and treatment for
certain at-risk youth, including juvenile justice programs and
all matters dealing with child abuse and domestic violence,
including child abuse prevention and child adoption. Under the
leadership of Chairman Hoekstra, the House passed major bills
during the 107th Congress to enhance juvenile justice programs
and protect children from child abuse.
Following a call by President George W. Bush for American
citizens to become more active in ``building communities of
service and a nation of character,'' Chairman Hoekstra also
introduced legislation, the Citizen Service Act (H.R. 4854), to
foster greater community service opportunities for all
Americans. This measure passed the full committee on June 12,
2002.
In addition to having jurisdiction over matters dealing
with programs involving child abuse prevention and domestic
volunteer service programs, the subcommittee deals with
legislation involving the Older Americans Act; environmental
education; School to Work Opportunities Act; library services
and construction; and programs related to the arts, humanities,
and museum services.
Under an agreement reached between committee members in
March 2001, the House Education and the Workforce 21st Century
Competitiveness Subcommittee has jurisdiction over federal
programs aimed at strengthening America's Historically Black
Colleges and Universities (HBCUs), Hispanic-Serving
Institutions (HSIs) and Tribally Controlled Colleges, while the
Select Education Subcommittee has oversight responsibility for
such programs. As such, significant attention was devoted by
Chairman Hoekstra and members of the Select Education
subcommittee in the 107th Congress to issues affecting minority
serving institutions. This outreach effort included field
hearings and other activities aimed at drawing greater
attention to the needs and concerns of such institutions.
Under Chairman Hoekstra's leadership, the Select Education
Subcommittee pushed forcefully during the 107th Congress for
accountability at the U.S. Department of Education. Two
oversight hearings by the subcommittee during the spring of
2001 revealed that the Department of Education experienced at
least $450 million in waste, fraud and abuse during the last
three years of the Clinton Administration while failing three
consecutive department-wide audits. Secretary of Education Rod
Paige moved quickly after taking office to reform the
Department's internal finances, and worked closely with
Chairman Hoekstra and other committee members to address the
significant problems within the agency.
Following is a summary of the Select Education Subcommittee
achievements of the 107th Congress (January 2001--October
2002):
More Freedom & Resources for Communities To Fight Juvenile Crime
Ending six years of congressional gridlock on efforts to
reauthorize federal juvenile justice programs, the 107th
Congress saw the enactment of legislation (H.R. 1900) authored
by Select Education Subcommittee members Jim Greenwood (R-PA)
and Bobby Scott (R-VA) to give states and local governments
more freedom to reduce juvenile crime. The measure, strongly
backed by Subcommittee Chairman Hoekstra, was signed into law
by President Bush on November 2, 2002, as part of a larger bill
reauthorizing programs for the U.S. Department of Justice.
The Greenwood/Scott legislation consolidates a number of
existing juvenile justice programs into a single, flexible
juvenile crime and delinquency prevention block grant for
states and local communities. The measure places a priority on
juvenile delinquency prevention and providing help for at-risk
youth in need of professional mental health services, a feature
strongly supported by Chairman Hoekstra.
As a result of the new law, federal juvenile justice
resources will come with fewer strings attached, giving state
and local officials new tools to protect communities and combat
youth violence. The measure gives states greater flexibility in
administering juvenile justice and delinquency prevention
programs; consolidates five existing federal juvenile justice
programs into one flexible Prevention Block Grant, replacing
the many overly-prescriptive federal programs in current law;
makes technical changes to reflect the needs and priorities of
local community law enforcement; and includes a provision to
allow funds to be used for the mentoring of children of
prisoners.
Early in the 107th Congress, Chairman Hoekstra, Rep.
Greenwood and other members of the Select Education
Subcommittee made clear that reauthorization of juvenile
justice programs--something several previous Congresses had
repeatedly tried and failed to do--would be a major priority.
Three previous Congresses (the 104th, 105th, and 106th) had
tried unsuccessfully to pass such legislation.
In 1974, Congress created an office within the Justice
Department to help states and communities prevent and control
juvenile delinquency and improve their juvenile justice
systems--the Office of Juvenile Justice and Delinquency
Prevention (OJJDP). OJJDP is the primary federal agency
responsible for addressing juvenile crime and delinquency and
abused, neglected, missing, and exploited children. The
office's authorization lapsed on September 30, 1996.
The subcommittee held a hearing on the juvenile justice
issue on June 6, 2001 to lay the groundwork for the
reauthorization effort.
``We must not be complacent,'' said Chairman Hoekstra
during the hearing. ``Too many young people get involved in
criminal activity, and we must do all we can to continue the
downtrends of the past five years.''
Although juvenile crime rates have been declining since the
early 1990s, subcommittee members learned, they are still
alarmingly high compared to levels before 1985, when an
explosion in violent juvenile crime began.
Criminologists and lawmakers remain justifiably concerned
over the still-high rate of juvenile crime, subcommittee
members noted. For instance, a report issued by the Justice
Department's Bureau of Justice Statistics and the Education
Department's National Center for Educational Statistics found
that in 1998, ``students aged 12 through 18 were victims of
more than 2.7 million total crimes at school * * * and 253,000
serious violent crimes.''
On May 17, 2001, Rep. Greenwood formally introduced the
Juvenile Crime Control and Delinquency Prevention Act (H.R.
1900), with Rep. Bobby Scott (D-VA) as the bill's lead co-
sponsor. The subcommittee passed H.R. 1900 by voice vote on
June 21, 2001. The full committee approved the bill by a vote
of 41-2 on August 1, 2001. The full House approved H.R. 1900 on
September 20, 2001 by voice vote.
Almost exactly a year later, on September 19, 2002, the
House-Senate Conference Committee on H.R. 2215, the Department
of Justice authorization bill, agreed to incorporate H.R. 1900
into its final conference report. Reps. Hoekstra and Castle
were members of the House-Senate conference. H.R. 2215 passed
in the full House by a vote of 400-4 on September 26, 2002. The
President signed the legislation into law on November 2, 2002.
Protections for abused children & victims of family violence
On October 10, 2002, the House passed legislation, authored
by Select Education Subcommittee Chairman Pete Hoekstra (R-MI),
to prevent child abuse and family violence and protect and
treat abused and neglected children. The Hoekstra legislation
reauthorizes the Child Abuse Prevention and Treatment Act
(CAPTA), last reauthorized in 1996. The legislation, the
Keeping Children and Families Safe Act (H.R. 5601), resulted
from an agreement reached by House and Senate negotiators. An
earlier version of Rep. Hoesktra's bill (H.R. 3839) was
approved by the subcommittee and full committee and passed the
full House on April 23, 2002.
The Keeping Children and Families Safe Act builds upon
changes made during the last CAPTA reauthorization to ensure
states have the necessary resources and flexibility for
identifying and addressing the issues of child abuse and
neglect and family violence, and for supporting effective
methods of prevention and treatment. It also continues local
projects with demonstrated value in eliminating barriers to
permanent adoption and addressing the circumstances that often
lead to child abandonment.
The legislation emphasizes the prevention of child abuse
and neglect and family violence before it occurs, Chairman
Hoekstra noted. It promotes partnerships between child
protective services and private and community-based
organizations, including education, health and mental health
systems to ensure that services are more effectively provided.
Chairman Hoekstra worked to ensure that the bill
appropriately addresses a growing concern over parents and
legal guardians (specifically families involved with home
schooling) being falsely accused of child abuse and neglect and
the aggressiveness of social workers in their child abuse
investigations. To that end, the bill includes provisions to
increase public education opportunities to strengthen the
public's understanding of the child protection system and
appropriate reporting of suspected incidents of child
maltreatment. It also fosters cooperation between parents and
child protective service workers by requiring caseworkers to
inform parents of the allegations made against them, and
improves the training opportunities and requirements for child
protective services personnel regarding best practices to
ensure collaboration with families and knowledge of legal
duties of such individuals to protect individual rights.
The bill further improves the training, recruitment and
retention of individuals providing services to children and
families and increases the availability of caseworker
supervisors for oversight and consultation. It also requires
citizen review panels to provide for public outreach and
comment in order assess the impact of current procedures and
practices upon children and families in the community. And, as
part of the National Incidence Study, H.R. 5601 requires
information on the incidence and prevalence of child
maltreatment by reason of family structure, including the
living arrangement of the resident parent, family income and
family size. These provisions were all included in the original
version of the Keeping Children and Families Safe Act (H.R.
3839) as well.
Notably, the Keeping Children and Families Safe Act also
expands adoption opportunities to allow services for infants
and young children who are disabled or born with life-
threatening conditions, requires the Secretary of Health and
Human Services to conduct a study on the annual number of
infants and young children abandoned each year, and extends the
authorization for the Family Violence Prevention and Services
Act.
The House-passed version of the Keeping Children and
Families Safe Act (H.R. 5601) includes an amendment authored by
Rep. James Greenwood (R-PA) that requires states to have
policies and procedures (including appropriate referrals to
child protection service systems and for other appropriate
services) to address the needs of infants born and identified
as being physically affected by illegal substance abuse or
withdrawal symptoms resulting from prenatal drug exposure and
requirements for the development of a plan of safe care for the
infant.
The Select Education Committee held two hearings on
prevention of child abuse and family violence during the 107th
Congress. During these hearings, witnesses testified that
additional money without reform would not solve the problems
facing child welfare systems across the country.
``The time has come for new solutions,'' said Dr. Richard
Gelles, a professor at the University of Pennsylvania.
``Swinging the pendulum from child safety to family
preservation has not succeeded. Replacing treatment programs
such as Homebuilders with family Group Conferencing is unlikely
to succeed. Child welfare reform can only be achieved by
identifying the true weaknesses of the system and applying out-
of-the-box thinking to the problem solving. Money alone will
not reform the child welfare system; Class action lawsuits and
consent decreeshave not yielded the desired changes and
reforms. Reform must be built into the system from the ground up.''
In addition to H.R. 5601, the House passed a resolution
offered by Education Reform Subcommittee Chairman Mike Castle
(R-DE) recognizing the importance of child safety and promoting
federal, state, and local partnerships to prevent the
victimization of children in the United States. The resolution
was approved by voice vote on October 1, 2002.
Overhauling AmeriCorps and other federal national & community service
programs
In his State of the Union message on January 29, 2002,
President Bush called on all Americans to serve their nation
for the equivalent of two years (4,000 hours) over their
lifetimes, and announced a new citizen service initiative, the
USA Freedom Corps. Interest in community and national service,
the President noted, had soared in the months following the
September 11, 2001 attacks on the United States.
On April 9, 2002, the President released a blueprint for
reforming and strengthening federal national and community
service programs to ensure that Americans would have ample
opportunity to put this rekindled spirit of volunteerism and
national service to good use. The principles outlined in this
plan sought to bring new accountability and state and local
control to service programs and will help to sustain the post-
September 11 civic spirit into the future. Chairman Hoekstra
and members of the Select Education Subcommittee led bipartisan
efforts in the House to pass the Citizen Service Act (H.R.
4854), the House version of the President's national service
plan.
Introduction of the Citizen Service Act was preceded by
hearings in the Select Education Subcommittee on ways to
provide more opportunities for Americans to serve their
communities and their country. Testifying before the
subcommittee in April 2002, Rep. Tom Osborne (R-NE), the former
coach of the University of Nebraska football team and a member
of the Education and the Workforce Committee, said he ``saw
thousands of young people who did not know what they wanted to
be or do, but who knew they wanted to do something to help.''
``In the weeks following September 11,'' Osborne said,
``AmeriCorps experienced a 30 percent increase in interest
profiles submitted by individuals who are considering joining.
The interest is there, now. We must follow through with the
leadership and programs to capture this moment and translate it
into actions that will better all of our communities and
strengthen our national fabric.''
The Citizen Service Act (H.R. 4854) was formally introduced
by Chairman Hoekstra on May 24, 2002. The President's
legislation was introduced with Select Education Subcommittee
ranking member Tim Roemer (D-IN) as an original cosponsor.
The Citizen Service Act would enhance accountability for
service programs like AmeriCorps, Senior Corps, and Learn and
Serve America. It would establish performance measures to
ensure that these programs are meeting their goals, and would
terminate or reduce funding if reforms aren't enacted.
H.R. 4854 would make national service programs more
flexible and responsive to state and local needs, giving states
more authority to select AmeriCorps programs and giving local
communities more leeway for developing Senior Corps programs
that will appeal to baby boomers close to retirement. The
Citizen Service Act would ensure that 80 percent of AmeriCorps
funds are administered at the state level through state formula
and state competitive grants. The remaining 20 percent would be
held at the federal level for national directs grants for
organizations such as Habitat for Humanity and Boys and Girls
Clubs. The measure would ease the administrative burden on
states and localities and maximize flexibility in the use of
funds.
The Citizen Service Act would require the Corporation for
National and Community Service (CNCS), which oversees
AmeriCorps and Senior Corps, to develop uniform procedures
under national service laws governing suspension or termination
of assistance to grantees, grievance procedures for AmeriCorps
members, and procedures governing disputes about displacement
of members. It would also prohibit CNCS from making grants to
federal agencies.
The bill would also cap federal costs per participant at
$16,000 annually. No such cap exists in current law. The bill
would also prohibit any federal national service funds from
being used to distribute contraceptives in schools, and require
any HIV-prevention education program to be age appropriate and
include discussion of the health benefits of abstinence.
The bill would improve parental involvement and control by
requiring federally-funded service organizations to consult
with parents of children when developing and operating programs
that include and serve children. It would also require them to
get parents' permission before transporting children.
The Citizen Service Act would require any reading or
literacy programs funded under the bill to meet definitions of
``scientifically based reading research'' and ``essential
components of reading research'' as included in the No Child
Left Behind Act (H.R. 1) signed into law by President Bush on
January 8, 2002. The Citizen Service Act would require
AmeriCorps recipients to certify that they have a high school
diploma or a GED before engaging in any activities involving
elementary or secondary education programs for students. It
would encourage each AmeriCorps participant to improve his or
her knowledge of the fundamentals of U.S. history, civics, and
the nature of community service, and require the CNCS to
develop principles of civic engagement that are consistent with
citizenship programs administered by the Immigration &
Naturalization Service (INS).
The bill would also make changes to the VISTA (Volunteers
in Service to America) program to expand the types of
organizations recognized in the program to include civic,
community and educational organizations. It would end VISTA
operation as a federally conducted program and make changes to
reflect that sponsoring organizations will be responsible for
recruiting and selecting VISTA members, with support from CNCS.
It also includes provisions for communities to provide greater
input on the design and implementation of projects.
The Select Education Subcommittee passed the Citizen
Service Act by voice vote, with no recorded opposition, on June
5, 2002.
``National Service takes place in every community across
the country and around the world, by individuals of all
backgrounds and ages, supporting organizations large and
small,'' said Chairman Hoekstra at the June 5, 2002
subcommittee markup of H.R. 4854. ``Swift approval of this
legislation will harness the energy and commitment of those
anxious to contribute to their country and provide wonderful
opportunities and incentives for them to do so.''
The full committee approved H.R. 4854 on June 12, 2002.
Chairman Boehner noted the Citizen Service Act would
significantly reform federal national and community service
programs to make them more accountable and effective, and
commended Chairman Hoekstra and other members of the Select
Education Subcommittee for their work on the President's bill.
On July 16, 2002, all 50 state governors sent a letter to House
and Senate leaders endorsing H.R. 4854.
Ending waste, fraud & abuse at the education department
Two oversight hearings by Select Education Subcommittee
Chairman Pete Hoekstra (R-MI) and Vice-Chairman Patrick Tiberi
(R-OH) during the spring of 2001 revealed that the U.S.
Department of Education experienced at least $450 million in
waste, fraud and abuse during the last three years of the
Clinton Administration while failing three consecutive
department-wide audits. Chairman Hoekstra and other members
pushed forcefully for accountability at the Department during
the 107th Congress, and new Education Secretary Rod Paige acted
swiftly and decisively to develop guidelines to combat the
waste, fraud, and abuse that occurred under previous
management.
At an April 3, 2001 hearing of the Select Education
Subcommittee, chaired by Rep. Hoekstra, testimony revealed
serious problems with the use of ``third party drafts,'' checks
that are used by the Department to make payments to vendors and
contractors. According to the General Accounting Office (GAO),
21 Department employees were allowed to write more than 19,000
checks totaling $23 million without proper approval.
GAO also expressed concerns at the hearing with the use of
government purchase cards, which were given to Department
employees. ``Basic control activities, such as approvals,
authorizations, verifications, reconciliations, and maintenance
of documentation, are an integral part of an agency's
accountability for government resources and achieving effective
results, including the prevention and/or detection of improper
payments. However, we found that Education has serious
deficiencies in its process for reviewing and approving
purchases made with Government credit cards--called purchase
cards,'' said Jeffrey Steinhoff, the managing director of the
Financial Management and Assurance Department in the GAO.
The lack of proper controls at the Department allowed 141
cardholders to make more than $1 million in purchases without
approval. In addition, it was revealed that two employees had
monthly credit limits of $300,000, while others had limits in
excess of $30,000. The discoveries came as a result of work GAO
conducted in response to Chairman Hoekstra's request for a
fraud audit of the Department.
In October 2001, Secretary Paige announced a comprehensive
action plan for putting the U.S. Department of Education's
management and financial house in order based on more than 600
separate recommendations. Secretary Paige has subsequently
continued to demonstrate a commitment to combat waste, fraud,
and abuse in his department by addressing 660 of the 661 audit
recommendations, restricting government purchase cards, and
tightening control of the department's financial matters.
Outreach to historically black colleges and hispanic-serving
institutions
Rep. Pete Hoekstra (R-MI) and other members of the Select
Education subcommittee reached out to Historically Black
Colleges and Universities (HBCUs), Hispanic-Serving
Institutions (HSIs), and other minority-serving schools during
the 107th Congress, laying the groundwork for President Bush's
plans to boost aid to these key institutions. Successful field
hearings were held at Oklahoma's Langston University and Ohio's
Wilberforce University, as well as two hearings held in
Washington, D.C., on HBCUs.
``It is time to raise the awareness level of the American
people to the role that Historically Black Colleges and
Universities play in educating our youth,'' House Republican
Conference Chairman J.C. Watts, Jr. (R-OK), said during the
Oklahoma field hearing. ``While comprising only 3 percent of
the nation's two- and four- year institutions, HBCUs are
responsible for producing 28 percent of all bachelor's degrees,
15 percent of all master's degrees, and 17 percent of all first
professional degrees earned by African-Americans.''
During the hearings, Presidents from various institutions
discussed the unique contributions made by HBCUs in general and
the unique roles played by their individual institutions.
``Miracles happen every term at Wilberforce,'' said Dr.
John Henderson, president of Wilberforce University. ``Our
students, all of them bright, but a few working from the
deficit of inadequate pre-college preparation, and all
suffering from too few family dollars, enroll. And, with the
help of federal aid, grants, scholarships and private funding,
they reach the pinnacle of academic success they and their
parents, and often their grandparents, have dreamed about.''
Since Republicans took control of the House in 1995,
funding for HBCUs has increased by 89 percent, and funding for
Historically Black Professional and Graduate Institutions has
increased by 150 percent. For FY2002, HBCUs received $206
million and the Historically Black Graduate Institutions
program received $49 million. Furthermore, President George W.
Bush's FY2003 budget, passed by the House in March, includes
more than $350 million--$12 million more than current funding--
to strengthen Historically Black Colleges and Universities
(HBCUs), Historically Black Graduate Institutions (HBGIs), and
Hispanic-Serving Institutions (HSIs). Specifically, the
President's budget increases funding for HBCUs by $7.4 million.
House Republicans' commitment to higher education in
general, and access for minority students in particular, is
stronger than ever. During the 107th Congress, the House passed
resolutions, backed by members of the Select Education
Subcommittee, to honor the contributions of America's HBCUs and
HSIs. The Select Education Subcommittee will continue to work
with all parties to engage in a productive dialogue about how
Congress can help minority students learn and prepare to pursue
the American Dream.
Supporting America's libraries and museums
Attendance at American museums is now at more than 865
million visits per year, and today's 21st century library
provides more than just books; it also coordinates a complete
and comprehensive approach to community development and
services. Recognizing these facts, members of the Select
Education Subcommittee placed great importance during the 107th
Congress on efforts to reauthorize the Museum and Library
Services Act (MLSA), which provides federal support for
libraries and museums across America in coordination with
state, local, and private efforts. The MLSA was first enacted
in 1996, during the 104th Congress.
Dr. Robert Martin, director of the Institute of Museum and
Library Services (IMLS) discussed the important role the
federal government plays in assisting museums and libraries
during a February 14, 2002, hearing by the Select Education
Subcommittee.
``The federal role in supporting museums and libraries is
acting as a catalyst for leadership, supporting innovation and
creativity, building institutional capacity, and leveraging
state, local, and private resources,'' Martin testified.
``Congress wisely has given the agency much flexibility to
adapt as the public's expectations of museums have changed and
increased over time,'' said Steven Hamp, president and chief
executive officer of the Henry Ford Museum and Greenfield
Village, during the February 14, 2002 hearing.
On February 26, 2002, Subcommittee Chairman Pete Hoekstra
(R-MI) and ranking member Tim Roemer (D-IN) introduced
legislation (H.R. 3784, the Museum and Libraries Services Act
of 2002) to reauthorize the Museum and Library Services Act.
The legislation would modify and streamline current law to
strengthen museum and library services across the United
States.
``H.R. 3784 continues the main objectives of the Museum and
Library Services Act of 1996,'' said Chairman Hoekstra upon
introduction of the legislation. ``The reauthorization bill
will maintain the modest but essential federal support, in
partnership with state, local, private, and public sources, for
museum and library contributions to public education services
and stewardship of the nation's cultural heritage
collections.''
The measure would ensure library activities are coordinated
with activities under the No Child Left Behind Act (H.R. 1)
that President Bush signed into law on January 8, 2002.
In another change from current law, H.R. 3784 would
eliminate references to the National Commission on Libraries
and Information Science and consolidate its advisory
responsibilities under the Museum Services Board, which would
expand to include library services. The purpose of this change,
members argued, would be to consolidate museum and library
board activities under one statute.
H.R. 3784 would also authorize the Institute of Museum and
Library Services Director to grant a National Award for Library
Service and a National Award for Museum Service; ensure
administrative funds are also used to conduct annual analyses
to identify needs and trends of services provided under museum
and library programs; and increase the minimum state allotment
for library programs to $500,000, which would represent roughly
a 46 percent increase over previous law.
The Museum and Library Services Act of 2002 would require
the IMLS Director to establish procedural standards for making
grants available to museums and libraries that mirror
provisions in the authorizing legislation of the National
Endowment for the Arts (NEA). In establishing such standards,
the bill proposes, the Director shall ensure that the criteria
by which applications are evaluated are consistent with the
purposes of the Museum and Library Services Act and take into
consideration general standards of decency and respect for the
diverse beliefs and values of the American public. In addition,
H.R. 3784 would prohibit projects that are determined to be
obscene from receiving funding from IMLS. The House ``NEA
language'' was accepted by the Bush Administration, the
American Library Association, and the American Association of
Museums.
H.R. 3784, the Museum and Library Services Act of 2002,
would maintain current law provisions regarding Internet
filtering. P.L. 106-554, the Children's Internet Protection Act
(CIPA), amended three federal statutes (including the Museum
and Library Services Act) to provide that a school or library
may not use funds it receives under these statutes to purchase
computers used to access the Internet, or to pay the direct
costs of accessing the Internet, and may not receive universal
service discounts (other than for telecommunications services),
unless the school or library enforces a policy ``that includes
the operation of a technology protection measure'' that blocks
or filters minors' Internet access to visual depictions that
are obscene, child pornography, or harmful to minors; and that
blocks or filters adults' Internet access to visual depictions
that are obscene or child pornography. (On May 31, 2002, in
American Library Association v. United States, a three-judge
federal district court in Philadelphia declared CIPA
unconstitutional and enjoined its enforcement insofar as it
applies to libraries. On June 20, 2002, the federal government
filed an appeal.)
The Select Education Subcommittee passed H.R. 3784 by voice
vote on March 6, 2002. The full committee approved the measure
by voice vote on March 20, 2002.
Homeland security: tracking international students in higher education
The events of September 11, 2001, brought into sharp focus
the need to more closely monitor the status of immigrants,
including students in the United States.
Accordingly, the Select Education Subcommittee held two
hearings (jointly with the 21st Century Competitiveness
Subcommittee) during the 107th Congress looking into the
activities ofinstitutions of higher education and the various
federal agencies that are involved in the monitoring of international
students studying in the United States.
The first hearing was held on October 31, 2001, just six
weeks after the September 11 attacks. Members of the
subcommittees expressed serious concerns about the flaws in the
international student tracking system that jeopardize our
homeland security. During this hearing, the subcommittees began
the process of reexamining the steps colleges and universities
take to monitor the activities of those who visit American
campuses on student and exchange visas. The subcommittees heard
from Bush Administration officials on the continued development
of the Student Exchange and Visitor Information System (SEVIS).
Nearly a year later, on September 24, 2002, the
subcommittees held a follow-up hearing to hear testimony on the
progress being made by the federal government in tracking
international students in the United States.
``Clearly, security for the citizens of the United States
must be our priority. However, having said that, we also want
to ensure that students from around the world continue to have
access to the best postsecondary education system available,''
said Chairman Hoekstra at the hearing. ``We also want to
continue the sharing of cultures and ideas, which makes the
world in which we live safer overall by removing many
stereotypes and misperceptions. There must be away to
accomplish both of these goals and do so in an efficient and
effective manner.''
During the hearing, Bush Administration officials outlined
steps taken by the federal government since September 11, 2001
to improve homeland security, including the implementation of
SEVIS. During the hearing, Janis Sposato, assistant deputy
executive associate of the Immigration Service Division in the
INS, testified that SEVIS will allow the INS to track students
more ``accurately and more expeditiously.''
The tracking system ``will revise and enhance the process
by which foreign students and exchange visitors gain admission
to the United States. SEVIS better enables us to keep our eyes
open for and track those who may come to America for the wrong
reason, while extending a hand in friendship to those seeking
the knowledge that this great country has to offer,'' Sposato
continued.
The subcommittee hearings also focused on how an
international student hoping to study in the United States goes
about obtaining a Form I-20 ID from a school, which is
necessary to apply for a student visa. The committee also heard
testimony on the different kinds of visas, including F-visas
for those studying on the undergraduate level, J-visas for
exchange students, M-visas for those seeking specific technical
training and B-visas used by tourists.
II. Hearings Held By the Subcommittee
107th Congress, First Session
April 3, 2001--Hearing on ``Department of Education
Financial Management'' (107-11).
April 23, 2001--Hearing on ``Responding to the Needs of
Historically Black Colleges and Universities in the 21st
Century'' in Oklahoma City, Oklahoma (107-13).
June 6, 2001--Hearing on H.R. 1900, ``The Juvenile Crime
Control and Delinquency Prevention Act of 2001'' (107-16).
July 16, 2001--Hearing on ``Responding to the Needs of
Historically Black Colleges and Universities in the 21st
Century'' in Wilberforce, Ohio (107-21).
July 24, 2001--Hearing on ``Status of Financial Management
at the U.S. Department of Education'' (107-24).
August 2, 2001--Hearing on ``CAPTA: Successes and Failures
at Preventing Child Abuse and Neglect'' (107-28).
October 17, 2001--Hearing on ``Prevention and Treatment of
Child Abuse and Neglect: Policy Directions for the Future''
(107-35).
October 31, 2001--Hearing on ``Tracking International
Students in Higher Education--Policy Options and Implications
for Students'' (jointly with the Subcommittee on 21st Century
Competitiveness) (107-36).
107th Congress, Second Session
February 13, 2002--Hearing on ``Responding to the Needs of
Historically Black Colleges and Universities in the 21st
Century'' (jointly with the Subcommittee on 21st Century
Competitiveness) (107-43).
February 14, 2002--Hearing on ``Equipping Museums and
Libraries for the 21st Century'' (107-45).
April 10, 2002--Hearing on ``Status of Financial Management
at the U.S. Department of Education'' (107-56).
April 11, 2002--Hearing on ``The Corporation for National
and Community Service'' (107-57).
April 25, 2002--Hearing on ``Citizen Service in the 21st
Century'' (107-60).
September 19, 2002--Hearing on ``Responding to the Needs of
Historically Black Colleges and Universities in the 21st
Century'' (Jointly with the Subcommittee on 21st Century
Competitiveness) (107-78).
September 24, 2002--Hearing on ``Homeland Security:
Tracking International Students in Higher Education--Progress &
Issues Since 9-11'' (Jointly with the Subcommittee on 21st
Century Competitiveness) (107-79).
III. Markups Held By the Subcommittee
107th Congress, First Session
June 21, 2001--H.R. 1900, Juvenile Crime Control and
Delinquency Prevention Act of 2001--ordered favorably reported
as amended to the Full Committee by a vote of 12-1.
107th Congress, Second Session
March 6, 2002--H.R. 3784, Museum and Library Services Act
of 2002--ordered favorably reported to the Full Committee by
voice vote.
H.R. 3839, Keeping Children and Families Safe Act of 2002--
ordered favorably reported, as amended to the Full Committee by
voice vote.
June 5, 2002--H.R. 4854, Citizen Service Act of 2002--
ordered favorably reported, as amended to the Full Committee by
voice vote.
IV. Subcommittee Statistics
Total Number of Bills and Resolutions Referred to Subcommittee 48
Total Number of Hearings...................................... 15
Field..................................................... 2
Joint with Other Committees............................... 4
Total Number of Subcommittee Markup Sessions.................. 3
Total Number of Bills Reported From Subcommittee.............. 4
SUBCOMMITTEE ON 21ST CENTURY COMPETITIVENESS
I. Summary of Activities
Ensuring that all Americans are equipped with the tools to
compete and prosper in the 21st Century economy has been a top
priority for members of the House Education & the Workforce
Committee during the 107th Congress. The House Education and
the Workforce 21st Century Competitiveness Subcommittee,
chaired by Rep. Howard P. ``Buck'' McKeon (R-CA), has
jurisdiction over the Higher Education Act, welfare reform
legislation, the Workforce Investment Act, and many other
federal laws that play a vital role in helping Americans
achieve these goals.
A major focus of the 21st Century Competitiveness
Subcommittee during the 107th Congress has been President
George W. Bush's welfare reform package. On May 16, 2002, the
House approved the Personal Responsibility, Work and Family
Promotion Act (H.R. 4737), which renews the landmark 1996
welfare reform law, by a vote of 229-197. Based on President
Bush's reform blueprint, the measure would strengthen current
work requirements and significantly increase child care
funding.
H.R. 4737 builds on the success of the 1996 welfare reform
law, which helped nine million people leave the welfare rolls
and paved the way for the lowest child poverty rate since 1979.
It asks welfare recipients to engage in work activities for 40
hours a week, up from the current 30 hour requirement, and
requires states to move 70 percent of their caseloads into work
activities by 2007.
The bill includes $2.3 billion over five years for the
Child Care and Development Block Grant (CCDBG) program. It also
incorporates key elements of President Bush's Good Start, Grow
Smart plan to improve early childhood education, encouraging
states to address the cognitive needs of young children so they
are prepared to enter school.
The legislation includes a promising new plan to empower
states and localities to develop innovative solutions to help
welfare recipients achieve independence. It would give states
and local agencies the opportunity to coordinate certain
welfare and workforce development programs and improve their
efficiency.
The 21st Century Competitiveness Subcommittee also spent
considerable time preparing for the upcoming reauthorization of
the Higher Education Act, which is expected to take place in
2003. Subcommittee members learned an estimated 17.5 million
American students are expected to enroll in college by the year
2010, an increase of 20 percent from 1998. At the same time,
college prices continue to rise at an alarming rate. Since the
early 1980s, college prices have increased at two to three
times the rate of inflation every single year. As the Advisory
Committee on Student Financial Assistance notes in a report
issued in 2002, ensuring access tocollege education for high-
school graduates is a critical issue Congress must address as it looks
ahead to reauthorization of the Higher Education Act in 2003.
Reforms supported by Chairman McKeon and others currently
serving on the 21st Century Competitiveness Subcommittee
resulted in the lowest student loan rate in history (through
changes negotiated in 1998), record funding for Pell Grants,
and new legislation that would pave the way for reauthorization
of the Higher Education Act by streamlining federal red tape
for students and colleges.
In response to rising college costs and increasing problems
with access to postsecondary education, Chairman McKeon
introduced the FED UP Technical Improvements Act of 2002 (H.R.
4866), a bipartisan, noncontroversial bill that would improve
access to college for disadvantaged students, bolster support
for Hispanic-Serving Institutions, and make other
noncontroversial technical improvements to the Higher Education
Act. The late Rep. Patsy Mink (D-HI) co-authored the FED UP
legislation with Chairman McKeon, joining other committee
members in introducing the bill at a press conference in June
2002 and voting to pass the measure on the House floor a month
later. Regrettably, the House Democrat leadership worked
successfully to keep the measure from passing the House.
In late 2002, to prepare for the upcoming reauthorization
of the Higher Education Act, the committee launched a
reauthorization website to solicit input from students,
teachers, parents, administrators, legislators, community
leaders, and others concerned about improving access and
quality in higher education. The website is modeled on the
successful FED UP and ``Great IDEAs'' websites launched earlier
by the committee during the 107th Congress.
Following is a summary of the 21st Century Competitiveness
Subcommittee achievements of the 107th Congress (January 2001-
October 2002):
Strengthening the 1996 welfare reform law
The effects of the historic welfare reform law passed by a
new majority in Congress and signed into law by President
Clinton in 1996 have been nothing short of dramatic: millions
of Americans have moved from welfare to work; caseloads are
down more than 50 percent; incomes are up; and child poverty
has fallen further than at any time since the 1960s. The 21st
Century Competitiveness Subcommittee devoted significant
attention in the 107th Congress to the effort to reauthorize
and strengthen the successful 1996 reforms, as called for by
President Bush.
The Working Toward Independence Act (H.R. 4092), authored
by 21st Century Competitiveness Subcommittee Chairman Howard P.
``Buck'' McKeon (R-CA), builds on the success of the historic
1996 welfare reform law. The Education & the Workforce
Committee approved the measure on May 2, 2002. The text of H.R.
4092 was included in the Personal Responsibility, Work and
Family Promotion Act (H.R. 4737), which passed the House by a
vote of 229-197 on May 16, 2002.
The 21st Century Competitiveness Subcommittee held five
hearings to lay the groundwork for welfare reform
reauthorization and passage of the Working Toward Independence
Act.
The first hearing was held on September 20, 2001, and
focused on the success of the 1996 law. At the hearing, Ron
Haskins, a Brookings Institution senior fellow, said the 1996
reforms ``gave a much-needed shock to the welfare system. * * *
After five years of aggressive implementation of welfare reform
by states and localities, it is clear that the hopes of its
supporters have been vindicated and the fears of its critics
stilled.'' Haskins noted that during the Reagan administration,
19 million jobs were created, but welfare rolls actually
increased.
At the same hearing, Robert Rector, a senior research
fellow in domestic policy studies at the Heritage Foundation,
observed that even though some ``predicted that welfare reform
would push an additional 2.6 million persons into poverty,
there are 4.2 million fewer living in poverty than there were
in 1996, according to the most common Census Bureau figures. *
* * Some 2.3 million fewer children live in poverty than in
1996. . . . The poverty rate for black children is at the
lowest point in U.S. history. * * * According to the U.S.
Department of Agriculture, the child hunger rate has been cut
in half in the last four years.''
Rector also stressed that the impressive reduction of
welfare rolls since the 1996 reform cannot be attributed to a
strong economy alone. ``Although a strong economy contributed
to some of these trends, most of the positive changes greatly
exceed similar trends that occurred in prior economic
expansions,'' Rector said.
The subcommittee's second hearing was held October 16,
2001, and focused on the effectiveness of the work requirements
in the 1996 law. At the hearing, several witnesses sought to
dispel any doubt that the 1996 reforms have helped to reduce
welfare caseloads and led more people into more productive
lives in the workforce.
``Combining mandatory work-related activities with strong
financial incentives and/or time limits generally results in
positive impacts on employment and earnings,'' said Dr. Lynn A.
Karoly, a senior economist with the RAND Institute, a research
organization based in Santa Monica, CA.
``The [1996 welfare reform law] created a historic
challenge for the business community to hire those who would be
leaving the welfare rolls in large numbers,'' said Rodney
Carroll, president and CEO of the Welfare-to-Work Partnership.
``Welfare caseloads have plummeted by half since 1996, and the
majority of adults who are now off the welfare rolls have gone
to work. * * * More than 20,000 employers have answered our
challenge and committed to hire and retain former welfare
recipients.''
On February 27, 2002, the subcommittee held a third hearing
to prepare for welfare reform reauthorization, this time
focusing on the operation and effectiveness of the Child Care
and Development Block Grant (CCDBG) program. Witnesses
emphasized the need to preserve simplicity and flexibility in
the program, which make it easier for states to accomplish the
goals of helping Americans transition from welfare to work.
On March 12, 2002, a fourth hearing was held, this time
focusing on the extent to which Temporary Assistance for Needy
Families (TANF) work services are provided through the One-Stop
Career Centers established by the Workforce Investment Act of
1998. Chairman McKeon noted that, in 1998, under the Education
and the Workforce Committee's leadership, Congress passed the
Workforce Investment Act to integrate the nation's job training
system that formerly was fragmented, contained overlapping
programs, and did not serve either job seekers or employers
well. McKeon suggested enhancing coordination between TANF--
which replaced the Depression-era cash entitlement system--and
the WIA one-stop workforce development system could have a
positive impact on participants.
``Coordination could encourage a continuum of services for
low-income individuals who may become unemployed after leaving
welfare,'' he said.
Dr. Sigurd Nilsen, who directs the health and human
services division of the General Accounting Office (GAO)--the
investigative arm of Congress--said ties between TANF programs
and one-stop centers have increased since the spring of 2000,
when WIA was implemented. ``Nearly all states reported some
coordination between programs at either the state or local
level,'' Nilsen testified.
Nilsen also described some of the problems states and
localities are having in integrating work services. ``Despite
progress,'' he said, they still must deal with ``infrastructure
limitations--such as inadequate facilities or antiquated
computer systems that do not communicate with each other--and
different program definitions and reporting requirements.''
On April 9, 2002, Health and Human Services Secretary Tommy
Thompson testified before the committee regarding President
Bush's blueprint for welfare reform reauthorization, urging
members to act quickly to reauthorize and strengthen welfare
reform. Thompson, the former governor of Wisconsin, praised the
1996 welfare reform law and credited its success partly to the
fact that states were given tremendous flexibility to reform
their welfare programs, helping millions end their dependency
on welfare and achieve self sufficiency.
In addition to describing the President's plan to
strengthen work requirements, Secretary Thompson testified
about ways to improve federal child care aid. The
Administration's overall goal, Thompson said, is to improve
``child well-being. Child care supports this goal as well as
being a vital work support. Our child care proposals complement
our expectations that all families will be fully engaged in
work and other meaningful activities by ensuring that resources
are available to support safe, affordable, child care when
necessary.''
On April 10, 2002, Chairman McKeon formally introduced the
Working Toward Independence Act. The measure, based on
President Bush's reform blueprint, strengthens work
requirements under the Temporary Assistance for Needy Families
(TANF) block grant program to help move more welfare recipients
into productive jobs. As Connecticut Governor John Rowland
said, ``The most compassionate way to break the cycle of
poverty, dependency, and hopelessness is through work.''
The months of extensive hearings conducted by the
subcommittee reinforced members' belief in the success of the
1996 law and the need to answer the President's call to extend
and strengthen it to help even more Americans move to self-
sufficiency and independence.
One of the myths that welfare reform opponents like to
employ, subcommittee members noted, is that the reductions in
welfare caseloads and child poverty during the latter half of
the 1990s were the result of a healthy economy, not the welfare
reform law. But history, members noted, shows that this
argument doesn't hold water: during other long economic booms
in the 1960s and `80s, welfare caseloads actually rose. The
1996 reform law's work requirements made the crucial difference
in maximizing opportunities for welfare recipients to
participate in the workforce.
A report released by the National Center for Policy
Analysis (NCPA), an independent research organization, found
that Temporary Assistance for Needy Families (TANF), the block
grant program that began under the welfare reform law, accounts
for more than half of the decline in welfare participation and
60 percent of the rise in single mother employment since 1996.
If economic growth was the chief cause of the drops in
welfare caseloads and child poverty, members argued, then these
successes should be connected to economic conditions in states.
But they're not: a 1999 Heritage Foundation report showed that
the ``relative vigor of state economies, as measured by
employment rates, changes in unemployment, or state job growth,
had no statistically significant effect on caseload decline.''
The challenge for Congress, members argued, is to maintain
and build on the 1996 law's success by putting even more
Americans on the path to self-reliance. While the 1996 reforms
significantly reduced welfare caseloads, members noted, there
have still been some problems. For example, data indicates a
majority of TANF recipients today are still not working for
their benefits. According to the Health & Human Services
Department's Third Annual Report to Congress (August 2000), 58
percent of TANF adult recipients are not participating in work
activities as defined by federal law, which includes work and
various other job training and education activities. 21st
Century Competitiveness Subcommittee members took the lead in
calling attention to this problem and calling for congressional
action to address it in the context of welfare reform
reauthorization.
Subcommittee members opposed weakening TANF work
requirements, an approach that would turn back the clock on the
impressive gains made since 1996. The Working Toward
Independence Act introduced by Chairman McKeon ensures work
requirements remain the centerpiece of federal welfare law by
increasing the amount of time recipients are required to spend
engaged in work or other constructive activities from the
current requirement of 30 hours to a new requirement of 40
hours a week. The new law insists that recipients engage in
work activities for at least 24 hours a week and in other
constructive activities--such as education or job training--for
the remaining 16 hours. Moreover, it strengthens current law by
requiring states to move 70 percent of their caseloads into
work activities by 2007.
Subcommittee members also noted combining real work with
programs that help recipients advance is the best way to
increase their income and improve the well-being of their
children. Approximately two million families remain on the
welfare rolls today. Watering down current work requirements,
members argued, would only serve to prolong their dependence on
welfare and, consequently, harm the most vulnerable members of
our society.
In addition to strengthening TANF work requirements, the
Working Toward Independence Act gives states dramatic new
flexibility to empower them to develop new and innovative
solutions to help welfare recipients achieve independence. The
measure offers broadened waiver authority for states to
integrate a broad range of public assistance and workforce
development programs. This new flexibility will help states
create broad, comprehensive assistance programs for needy
families, as long as they achieve the purpose of the underlying
program and continue to target those in need.
Chairman McKeon and other subcommittee members also
emphasized that affordable, reliable child care is a critical
element of successful welfare reform to allow mothers in
particular to obtain and retain employment. Largely because of
welfare reform, unprecedented numbers of women with children
participate in the workforce today. There are 700,000 fewer
single mothers living in poverty today than in the mid-1990s,
according to the Census Bureau.
The Working Toward Independence Act reauthorizes the Child
Care and Development Block Grant (CCDBG) and helps to ensure
low-income families receive child care benefits that support
their transition into the workforce. The Working Towards
Independence Act reauthorizes the CCBDG through 2007,
maintaining historic levels of funding for the block grant
program. The bill authorizes $2.3 billion in discretionary
funding for the CCDBG, as requested by President Bush. During
full committee consideration, the Committee approved an
amendment offered by Education Reform Subcommittee Chairman
Michael Castle (R-DE) to increase the bill's authorization for
discretionary Child Care and Development Block Grant (CCDBG)
funding from $2.1 billion to $2.3 billion in FY 2003. The
Castle amendment also increased the amount that states must
devote to improving child care quality from four percent to six
percent of annual CCDBG funding.
Consistent with President Bush's Good Start, Grow Smart
childhood education initiative, the measure encourages states
to address the cognitive needs of young children so they are
developmentally prepared to start school.
Field experts and state leaders involved in child care
indicate that the flexibility of the CCDBG program is essential
for its continued success. The bill, therefore, encourages
states to create innovative partnerships with public and
private entities to increase the supply and quality of child
care services. The measure also gives states maximum
flexibility to develop child care programs and policies that
meet the needs of children and parents and target those who
need help the most. In addition, the bill makes necessary
improvements to the block grant program, emphasizing the
importance of the quality of child care and asking states to
address the needs of parents who have children with special
needs, work non-traditional hours, or require infant and
toddler care.
The 1996 welfare reform law is one of the most successful
legislative initiatives in recent memory, members noted during
the reauthorization effort. Its unprecedented success has
convinced skeptics who initially opposed the legislation. For
example, Wendell Primus, a deputy assistant secretary in the
Clinton-era Health & Human Services Department, resigned when
the welfare reform bill was signed into law. Today, Primus
says: ``In many ways, welfare reform is working better than I
thought it would. * * * Whatever we have been doing over the
last five years, we ought to keep going (Harden, ``Two Parent
Families Rise after Change in Welfare Laws, New York Times,
August 12, 2001).''
During consideration of the bill, the committee also
approved an amendment by Chairman McKeon that allows welfare
recipients to attend school full-time for four months of a two-
year period; the underlying bill allowed for three months of
full-time education. It also adopted an amendment offered by
Rep. Marge Roukema (R-NJ) that asks states to assess the needs
of welfare families as they develop self-sufficiency plans.
The 21st Century Competitiveness Subcommittee passed H.R.
4092 by a vote of 9-7 on April 18, 2002. The Education & the
Workforce Committee passed the comprehensive welfare reform
reauthorization bill by a vote of 25-20 on May 1, 2002. As of
November 2002, the Senate had not acted on the House-passed
bill or any other comprehensive welfare reauthorization
measure.
Removing barriers to higher education by reducing federal red tape for
colleges
Increasing access to postsecondary education is vital to
securing America's economic future. Federal student aid
programs help millions of students realize their dream of
obtaining a college degree--but because federal rules and red
tape associated with these programs often impose costly
administrative burdens at colleges and universities, the
programs aren't as effective as they could be.
Led by 21st Century Competitiveness Subcommittee Chairman
Howard P. ``Buck'' McKeon (R-CA) and the late Rep. Patsy Mink
(D-HI), members of the House Education & the Workforce
Committee introduced legislation to improve student access to
higher education by streamlining federal red tape in the
student aid system. The FED UP Higher Education Technical
Amendments Act (H.R. 4866), based directly on recommendations
submitted by school officials, educators, students, and others
over the past year through the FED UP initiative (``Upping the
Effectiveness of our Federal Student Aid Programs''), aims to
reduce regulatory red tape at colleges and universities to
remove barriers to higher education for students.
The FED UP measure was authored to help to untie the hands
of students and institutions through a series of common-sense,
revenue-neutral steps that would make a difference while paving
the way for reauthorization of the Higher Education Act.
The FED UP project was a first-of-its-kind effort built on
input solicited directly from those most affected by current
federal higher education regulations: students and school
officials themselves. Relying heavily on the Internet, Chairman
McKeon and others solicited commentsfrom across the country in
an effort to pinpoint unnecessary federal rules and red tape that could
be streamlined without jeopardizing the integrity of America's student
financial assistance programs. The project received approximately 3,000
responses from college officials, administrators, and other personnel
who operate America's institutions of higher learning, laying the
groundwork for reauthorization of the Higher Education Act in the 108th
Congress. The website can be accessed at ``//edworkforce.house.gov/
issues/107th/education/fedup/index.htm.''
The FED UP legislation, H.R. 4866, was introduced on June
5, 2002 at a press conference outside the U.S. Capitol
featuring Chairman McKeon, ranking member Mink, and
representatives of the higher education community.
H.R. 4866 eases aid requirements for America's Hispanic-
Serving Institutions (HSIs). The measure allows Hispanic-
Serving Institutions (HSIs) to apply for federal HSI grants
without waiting two years between applications. This provision
compliments President Bush's FY2003 Budget request, which
includes $89.1 million for the Developing Hispanic-Serving
Institutions program, an increase of $3.1 million, to expand
and enhance support for postsecondary education institutions
that serve large percentages of Hispanic students and help to
close the gap between Hispanic students and their peers.
The FED UP legislation also makes clear that federal
scholarship aid can go to low-income and minority students for
law school. The bill allows the U.S. Department of Education to
provide scholarship aid to low-income and minority students to
prepare for and attend law school, which is not currently
mentioned specifically as an allowable use in the Higher
Education Act.
The measure also makes clear that home-schooled students
can receive federal student aid. H.R. 4866 clarifies that home-
schooled students are eligible for financial aid for higher
education and that schools will not lose their institutional
eligibility for granting aid to home-schooled students.
In addition, the FED UP bill helps students avoid
defaulting on their student loans. The measure removes barriers
to students seeking forbearance from lenders on student loan
payments by eliminating the requirement that new agreements
between lenders and borrowers be in writing; however, lenders
must provide notice to borrowers of the terms of any new
agreement. (``Forbearance'' is a process by which a borrower
who is having temporary difficulty meeting his or her repayment
obligations can contact the lender, explain the situation and
obtain some form of relief--possibly in the form of an
extension, reduced monthly payments for a period of time, no
payments for a short time, or other options.) The FED UP change
will provide relief to student borrowers to help keep them out
of default and make it easier for lenders to react more quickly
to students' needs.
Unfortunately, the legislation was opposed by the House
Democratic leadership and failed to pass on the House floor
when it came to a vote in July 2002. The legislation did
receive bipartisan support and the votes of a majority of
members of the House, with Ms. Mink and 26 other House
Democrats voting with Republicans to pass the bill.
In November 2002, Education Secretary Rod Paige and the
U.S. Department of Education announced a series of regulatory
reforms to reduce federal red tape in student aid programs. The
reforms were based on recommendations collected through the FED
UP project that did not require legislative action by Congress
to implement. Secretary Paige and his staff were enthusiastic
partners in the FED UP process, and legislators hope to pass
legislation addressing the FED UP project's unfinished
legislative business prior to or during reauthorization of the
Higher Education Act in the 108th Congress.
Lowest student loan interest rate in history
As a result of changes negotiated by Chairman McKeon in
1998, federal student loan interest rates dropped to their
lowest level in U.S. history on July 1, 2002. Reflecting
continuing congressional efforts to make higher education more
affordable and accessible, the new rates will result in
significant savings for students. On July 1, 2002, interest
rates on federal Stafford loans issued on or after July 1,
1998, fell to 4.06 percent, down from a previous level of 5.99
percent. In addition, interest rates on Parent Loans for
Undergraduate Students (PLUS) dropped from 6.79 percent to 4.86
percent--the lowest rate ever for PLUS loans. Chairman McKeon
and other members of the House Education and the Workforce
Committee worked during the 107th Congress to bring further
attention to the problem of rising college prices, laying the
groundwork for the committee to take further steps to maximize
college affordability and quality through the upcoming
reauthorization of the Higher Education Act.
On January 24, 2002, with overwhelming bipartisan support,
the House passed a bill (S. 1762) backed by Chairman McKeon and
other Education and the Workforce Committee members to ensure
the availability of affordable student loans. Under the
measure, the changes negotiated in 1998 are extended to 2006 to
ensure the ongoing availability of affordable student loans for
Americans aspiring to attend college. Interest rates for
student loans disbursed on or after July 1, 2006, are fixed at
6.8 percent, and parent loan interest rates are at 7.9 percent.
The bill, which was approved by the Senate on December 14,
2001, was signed into law by President Bush on February 8,
2002.
Expanding access to distance education
In light of how the Internet is being used to improve
learning opportunities, it's clear that the landscape of
education is expanding with such speed and such enormous
potential that we have the responsibility to develop policies
that will ensure that new technologies enhance, rather than
frustrate, learning. The Web-based Education Commission, co-
chaired by now-21st Century Competitiveness Subcommittee Vice-
Chairman Johnny Isakson (R-GA), issued a report identifying
specific areas that should be addressed immediately if the
nation is to capitalize on this new potential for learning.
Some of those recommendations culminated in legislation that
originated in the 21st Century Competitiveness Subcommittee and
passed the House in 2001.
The 21st Century Competitiveness Subcommittee held two
hearings on this issue during the first session of the 107th
Congress. Distance education, members learned, provides
atremendous opportunity to expand access to postsecondary education to
those who may otherwise be unable to participate. Current law limits
the expansion of distance education programs; therefore, members
argued, changes must be made to expand access to these programs, both
for the nation's students and for an economy that depends increasingly
upon a highly educated and trained workforce.
The Internet Equity and Education Act (H.R. 1992),
introduced by Rep. Isakson and supported by members of both
parties, provides an expansion of Internet-based and non-
standard term educational opportunities for postsecondary
students, while maintaining the integrity of the federal
student aid programs.
The legislation provides needed changes to the Higher
Education Act that will allow all learners to take the fullest
advantage of what the newest technologies can provide for their
education. It provides a needed first step to ensuring that a
postsecondary education is available to all who want to pursue
it. Furthermore, by expanding access to distance learning
programs now and requiring the Education Secretary to study
their results, the bill will provide both the Education
Department and Congress with important data to consider when
the Higher Education Act is up for reauthorization in 2003.
The 21st Century Competitiveness Subcommittee approved the
bill by voice vote on July 11, 2001. The House Education & the
Workforce Committee passed the bill, sponsored by Rep. Isakson,
by a vote of 31-10 on August 1, 2001. The House passed the bill
by a vote of 354-70 on October 10, 2001. As of November 2002,
however, the Senate had not acted on the measure.
Outreach to historically black colleges and hispanic-serving
institutions
Supported by members of the 21st Century Competitiveness
Subcommittee, which shares jurisdiction over matters involving
minority serving institutions, Chairman Peter Hoekstra (R-MI)
and other members of the Select Education Subcommittee reached
out to Historically Black Colleges and Universities (HBCUs),
Hispanic-Serving Institutions (HSIs) and other minority-serving
schools during the 107th Congress, laying the groundwork for
President Bush's plans to boost aid to these key institutions.
Successful field hearings were held at Oklahoma's Langston
University and Ohio's Wilberforce University, and the House
passed resolutions in the fall of 2002 honoring the
contributions of America's HBCUs and HSIs.
President Bush and the 107th Congress provided significant
increases in aid for minority-serving institutions, supported
by Chairman Boehner, Chairman Hoekstra, Chairman McKeon, and
other committee members. Federal aid for Historically Black
Colleges and Universities increased from $185 million in
FY2001, the last fiscal year of the Clinton Administration, to
$206 million in FY2002, the first fiscal year of President
George W. Bush's administration. Federal aid to Hispanic
Serving Institutions increased from $68.5 million in FY2001 to
$86 million in FY2002. Federal aid to Historically Black
Graduate Institutions increased from $45 million in FY2001 to
$49 million in FY2002.
Homeland security: tracking international students in higher education
The events of September 11, 2001, brought into sharp focus
the need to more closely monitor the status of immigrants,
including international students in the United States.
Accordingly, the 21st Century Competitiveness Subcommittee
held two hearings (jointly with the Select Education
Subcommittee) during the 107th Congress looking into the
activities of institutions and the various federal agencies
that are involved in the monitoring of international students
studying in the United States.
The first hearing was held just six weeks after the
attacks, and members of the subcommittee expressed serious
concerns about the flaws in the international student tracking
system that jeopardize our homeland security. During this
hearing, the subcommittee began the process of reexamining the
steps colleges and universities take to monitor the activities
of those who visit our campuses on student and exchange visas.
The subcommittee heard from Bush Administration officials on
the continued development of the Student Exchange and Visitor
Information System (SEVIS), which will allow colleges and
universities the ability to report information on those
international students accepted for enrollment, but who do not
attend or who transfer or drop out of school.
One year later, the subcommittee held a follow-up hearing
to hear testimony on the progress being made by the government
in tracking international students in the United States. During
the hearing, Bush Administration officials outlined steps taken
by the federal government since September 11, 2001, to improve
homeland security, including the implementation of SEVIS.
During the hearing, Janis Sposato, assistant deputy executive
associate of the Immigration Service Division in the
Immigration and Naturalization Service (INS), testified that
SEVIS will allow the INS to track students more ``accurately
and more expeditiously.''
The tracking system ``will revise and enhance the process
by which foreign students and exchange visitors gain admission
to the United States. SEVIS better enables us to keep our eyes
open for and track those who may come to America for the wrong
reason, while extending a hand in friendship to those seeking
the knowledge that this great country has to offer,'' Sposato
continued.
The subcommittee hearings also focused on how an
international student wanting to study in the United States
goes about obtaining a Form I-20 ID from a school, which is
necessary to apply for a student visa. The subcommittee also
heard testimony on the different kinds of visas, including F-
visas for those studying on the undergraduate level, J-visas
for exchange students, M-visas for those seeking specific
technical training, and B-visas used by tourists.
Improving access to assistive technology for individuals with
disabilities
The 21st Century Competitiveness Subcommittee held a
hearing on March 21, 2002 on the Assistive Technology (AT) Act.
Witnesses testified before the subcommittee on the role
technology has played in improving the lives of millions of
people living with disabilities in the United States.
In 1988, Congress passed the Technology-Related Assistance
for Individuals with Disabilities (Tech) Act, which created a
10-year state grants program to provide seed money to help
improve access to assistive technology for individuals with
disabilities. Reauthorized in 1994, the purpose of the Tech Act
is to increase access to, availability of, and funding for
assistive technology through state and national initiatives. In
1998, Congress passed the Assistive Technology (AT) Act to
extend funding so that states that did not receive initial
funding until 1994 could receive the full 10-year grant under
the Tech Act.
Today, all 50 states, as well as the District of Columbia,
Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the U.S. Virgin Islands, have a
state Assistive Technology (AT) Project funded under the AT
Act. These AT Projects provide various services and programs,
such as information and referral services, assessment for
appropriate assistive technology, equipment demonstration and
buy-out, and refurbished assistive technology equipment. The
federal grants to AT Projects are administered through the
National Institute on Disability and Rehabilitation Research
(NIDRR) at the U.S. Department of Education.
Subcommittee Chairman McKeon said the purpose of the March
21, 2002 hearing was to ``provide a sense of how states are
doing in their efforts to develop state AT Projects that
successfully provide a system of services to individuals with
disabilities'' and provide ``recommendations for the future of
the AT Act.'' Chairman McKeon noted that hearing testimony
would ``help the subcommittee assess whether these federal
assistive technology programs have fulfilled their original
purpose.''
Mark Schultz, director of the Nebraska Assistive Technology
Partnership, told subcommittee members that, ``The flexibility
of the Tech Act has allowed each state to prioritize their
assistive technology system needs and uniquely develop
strategies to meet those needs as appropriate. While this may
make it difficult to evaluate programs on a state to state
basis, the bottom line is that more and more of the 50 million
individuals with a disability in the United States are getting
and using assistive technology to live independently, go to
school and work, and participate in their communities than
before the Tech Act was created.''
Citing the important role of Congress, Paul Rasinski,
executive director and consumer for the Maryland Technology
Assistance Program, told members that he and his colleagues
``believe that the federal leadership role provides the
infrastructure and the seed money that leverages a great range
of programs and services that are critical to people with
disabilities.''
Improving America's investment in workforce preparation
The 21st Century Competitiveness Subcommittee on September
12, 2002 began a series of hearings on implementation of the
Workforce Investment Act (WIA), which is due for
reauthorization in 2003. At the hearing, a panel of witnesses,
including state and local workforce investment experts and
business leaders, testified on the effectiveness of
implementing WIA's job training and workforce development
programs since the law's enactment in 1998, including successes
and promising practices as well as challenges each has faced.
During the hearing, Chairman McKeon noted, ``The WIA system
contains the federal government's primary programs for
investment in our nation's workforce preparation. Even though
the system is still maturing since its full implementation in
July 2000, states and local areas have created comprehensive
services and effective one-stop delivery systems. In addition,
the training services provided through WIA are invaluable in
assisting adult workers in areas of the country facing skill
shortages.''
Testifying on a work-scholarship program offered by his
company, Danny Wegman, president of Rochester, NY-based Wegmans
Food Markets, Inc, said, ``workforce success is directly tied
to the systematic goals and must focus on youth meeting
academic standards, occupational skill attainment through work
experience, and the capacity to build strong relationships.''
``Youth are ready to face the challenges of higher skill
demand required in today's workforce, build on leadership
skills, and form positive relationships with others so they can
make informed decisions impacting their future,'' Wegman
continued.
Diane Rath, chair and commissioner of the Texas Workforce
Commission, testified about the importance of focusing on the
``outcome'' rather than process. ``We must be able to listen to
the customer and design our services to meet those needs. We
need to establish a core set of common performance measures
such as employment, retention, and earnings that would apply
across partner programs.''
``Our system is a success because businesses and industries
view the [Texas Workforce] Network as a viable solution to
workforce needs,'' Rath explained. ``Business is a primary
customer of our system. Our challenge is increasing business
use of our system. We need performance measures that are more
reflective of serving employers.''
Emergency relief for displaced U.S. workers
On August 6, 2002, President Bush signed into law the Trade
Promotion Authority and Trade Adjustment Assistance Act (H.R.
3009), which incorporated key elements of his ``Back-to-Work''
proposal, first offered during the fall of 2001 to expand the
federal safety net for workers displaced by the September 11
attacks and its economic aftershocks. The Back to Work plan
authorizes $510 million in special National Emergency Grants
(NEGs), administered by the Secretary of Labor, to help
displaced workers maintain health coverage, obtain childcare
assistance, and receive job training as the economy recovers
from its current slowdown. It also appropriates $60 million for
these grants in the first year. The Back to Work Act (H.R.
3112) was originally introduced by Reps. John Boehner (R-OH),
Buck McKeon (R-CA), and Sam Johnson (R-TX) in October 2001. The
Education and the Workforce Committee also held hearings on the
topic, including one with Labor Secretary Elaine Chao, to
emphasize the need to utilize existing programs to help
displaced workers instead of creating new bureaucracies.
The September 11, 2001, terrorist attacks had a devastating
and direct impact on the U.S. economy and many Americans lost
their jobs as a result. In response, President Bush quickly
outlined a plan designed to help those who lost their jobs; get
people working again to jump-start the economy; and help ensure
displaced workers have access to health care.
On October 12, 2001, House Education & the Workforce
Committee Chairman John Boehner (R-OH), 21st Century
Competitiveness Subcommittee Chairman Buck McKeon, andEmployer-
Employee Relations Subcommittee Chairman Sam Johnson introduced the
Back to Work Act (H.R. 3112)--President Bush's plan to expand the
federal ``safety net'' for workers displaced in the wake of the
September 11 attacks.
Following the attacks, the Labor Department acted
decisively to mobilize the existing safety net for displaced
workers and their families. On October 16, 2001, U.S. Secretary
of Labor Elaine Chao appeared before the Education & the
Workforce Committee to urge Congress move quickly to enact
President Bush's ``Back to Work'' plan to strengthen existing
protections for displaced American workers and their families.
Chao emphasized that the President's worker relief proposal was
one that could be implemented quickly, flexibly, and without
creating new bureaucracies.
On three separate occasions, supported by members of the
21st Century Competitiveness Subcommittee, the House passed
elements of the President's Back to Work plan. On August 6,
2002, President Bush signed into law the Trade Promotion
Authority and Trade Adjustment Assistance Act (TAA), which
incorporated key elements of his Back to Work proposal, first
offered during the fall of 2001 to expand the federal safety
net for workers displaced by the September 11 attacks and its
economic aftershocks.
Expanding U.S. trade and creating new jobs is critical to
the nation's economic future, members noted, but it is also
important to ensure that thousands of displaced workers and
their families who have seen difficult times have access to
quality health care even as they struggle to return to work.
As a result, the Back to Work provisions in the Trade
Adjustment Assistance Act authorize $510 million in special
National Emergency Grants (NEGs), administered by the Secretary
of Labor, to help displaced workers maintain health coverage,
obtain childcare assistance, and receive job training as the
economy recovers from its current slowdown. $60 million was
appropriated for these grants in the first year.
National Emergency Grants are federal grants administered
by the Labor Secretary, and they may be awarded to any state
experiencing plant closings or mass layoffs. Currently, the
grants may be used to support job training and reemployment
services and to make certain limited payments to individuals
enrolled in training. The grants also may be used to help pay
for services such as childcare and transportation, to help
individuals complete training and transition back to work. The
new TAA National Emergency Grants are available to states in
order to assist them in providing health care coverage and
other services to workers who are adversely impacted by trade.
The Back to Work law is a compassionate one, members noted,
not just because it provides workers in need with flexibility
and resources, but also because it recognizes that a displaced
worker's true goal, ultimately, is to return to work. It will
help every worker return to work as quickly as possible, and in
the meantime, help ensure they and their families have access
to quality health insurance as well as employment and job
training resources.
Ensuring accreditation process reflects student achievement
As increasing numbers of students gain access to post-
secondary education, the need to assure the quality of higher
education institutions becomes increasingly clear. During the
107th Congress, 21st Century Competitiveness Subcommittee
Chairman McKeon, Education and the Workforce Committee Vice
Chairman Thomas Petri (R-WI) and other committee members
emphasized the need for Congress to explore this issue. The
accreditation process that evaluates higher education
institutions, members argued, should be an accurate predictor
of the likelihood of student achievement.
Accreditation is widely believed to be an indicator of the
quality of an institution, and the assumption is that an
accredited institution of higher learning will provide a high
quality education. The 21st Century Competitiveness
Subcommittee held a hearing on October 1, 2002 to determine if
that assumption is accurate and whether the accreditation
process is a likely measure of student achievement.
While accreditation provides higher education institutions
with what amounts to a seal of approval, concerns were raised
in the hearing about the means by which accreditation is
granted. Often it has been found that emphasis is placed on
inputs such as the quality of facilities and the number of
books, as opposed to outputs like student achievement. Because
the availability of a high-quality education is implied by
accreditation, some note that the output of well-educated
students should be emphasized more than the inputs in the
accreditation process as accurate indicators of the quality of
an institution.
Beyond the initial accreditation, the review process by
which accreditations are renewed or revoked has also been
questioned. Often, institutions with academic deficiencies are
able to maintain their accredited status despite the fact that
students may leave these accredited institutions with little to
show.
The need for all students to have access to a post-
secondary education is critical to America's future, but along
with availability comes the need for ensured quality. The
accreditation process is a means by which institutional quality
can be measured, and as the reauthorization of the Higher
Education Act approaches institutional accreditation is a
critical issue to be examined.
Ensuring the quality of America's teachers
The quality of teaching is a critical component in the
effectiveness of a child's education, and as such, high-quality
teacher training programs play an integral role in the
education process. The 21st Century Competitiveness
Subcommittee held a hearing on October 9, 2002 to examine the
current teacher training programs, as well as to explore
options to improve these programs. This hearing was the first
in a series the subcommittee is holding on the reauthorization
of the Higher Education Act, which is due for reauthorization
next year.
During the next decade, school districts will need to hire
more than two million additional teachers to keep up with
increased student enrollment. In addition, the No Child Left
Behind Act (H.R. 1), the bipartisan education reform law signed
in January 2002 by PresidentBush, calls for every student in
every federally-funded public school to have the opportunity to learn
from a highly-qualified teacher by 2005. This unprecedented new focus
on teacher quality is also accompanied by an historic increase in
federal teacher quality funding.
The goal of the October 9, 2002 hearing was to examine how
current teacher training programs work to fulfill the
expectations set forth in the No Child Left Behind Act, and to
determine if improvements can be made to better prepare
teachers. The hearing focused, specifically, on the
effectiveness of provisions of Title II of the Higher Education
Act that were enacted in 1998. Attention was focused on the
Teacher Quality Enhancement Grants for States and Partnerships
program, as well as the various reporting requirements required
by the law.
In the hearing it was shown that, although the
effectiveness of the grants for improving teacher quality is
not yet known due to insufficient data, recent statistics from
the U.S. Department of Education show most teacher training
programs leave new teachers feeling unprepared for the
classroom. As the subcommittee looks to the reauthorization of
the Higher Education Act, assuring the quality of America's
teachers through effective and high-quality teacher training
programs continues to be a priority.
On October 1, 2002, the House also approved the Canceling
Loans to Allow School Systems to Attract Classroom Teachers Act
(H.R. 5091) or the CLASS ACT, a bill authored by Rep. Lindsey
Graham (R-SC) to address the nation's growing shortage of
qualified teachers by dramatically increasing the maximum
federal student loan forgiveness amount for Americans who enter
the teaching profession and teach in disadvantaged schools. The
legislation, strongly supported by members of the 21st Century
Competitiveness Subcommittee, will help schools in
disadvantaged communities recruit highly qualified teachers,
providing them with additional support in meeting the
objectives of the No Child Left Behind Act. The bill increases
the maximum level of federal student loan forgiveness for
teachers from the current maximum of $5,000 to a new level of
$17,500. The bill places a priority for providing loan
forgiveness to those teaching special education, mathematics,
or science, or those teaching in disadvantaged schools that
need help in recruiting highly qualified teachers.
Student loan relief for U.S. military reservists
In October 2001, the House passed the Higher Education
Relief Opportunities for Students (HEROES) Act (H.R. 3086) by a
vote of 415-0. The Senate passed its version (S. 1793) of the
measure by unanimous consent on December 14, 2001; the House
passed S. 1793 by voice vote on December 19, 2001; and
President Bush signed the bill into law shortly thereafter. The
bill, authored by Chairman McKeon, gives the Education
Secretary the authority to grant waivers to military reservists
who have been called up for active duty, relieving them from
making federal student loan payments while they serve the
nation's Armed Forces. A similar authority was granted to the
Education Secretary during the Persian Gulf War.
``This legislation will provide relief for the men and
women of our military who are defending the freedoms of this
great nation,'' McKeon said. ``As families send loved ones into
harm's way, the Higher Education Relief Opportunities for
Students Act will allow the Secretary of Education to reduce
some of the effects of that disruption here at home.''
``As our nation continues the war against terrorism in
Afghanistan, the Education Secretary needs the authority to act
quickly to protect the interests of our students as well as the
integrity of the financial aid programs themselves,'' said
Education & the Workforce Chairman Boehner.
II. Hearings Held by the Subcommittee
107th Congress, First Session
March 15, 2001--Hearing on ``Improving Student Achievement
Through Technology'' (107-8)
June 20, 2001--Hearing on ``H.R. 1992, the Internet Equity
and Education Act of 2001'' (107-20).
September 20, 2001--Hearing on ``Welfare Reform: An
Examination of Effects'' (107-30).
October 16, 2001--Hearing on ``Welfare Reform: Success in
Moving Toward Work'' (107-33).
October 31, 2001--Hearing on ``Tracking International
Students in Higher Education--Policy Options and Implications
for Students'' (jointly with the Subcommittee on Select
Education) (107-36).
107th Congress, Second Session
February 13, 2002--Hearing on ``Responding to the Needs of
Historically Black Colleges and Universities in the 21st
Century'' (jointly with the Subcommittee on Select Education)
(107-43).
February 27, 2002--Hearing on ``Assessing the Child Care
and Development Block Grant'' (107-46).
March 12, 2002--Hearing on ``Welfare to Work: Ties Between
TANF and Workforce Development'' (107-50).
March 21, 2002--Hearing on ``Assessing the Assistive
Technology Act of 1998'' (107-52).
March 22, 2002--Field Hearing on ``Education and Job
Training: Preparing for the 21st Century Workforce'' in Angola,
Indiana. (107-53).
September 12, 2002--Hearing on ``Implementation of the
Workforce Investment Act: Promising Practices in Workforce
Development'' (107-77).
September 19, 2002--Hearing on ``Responding to the Needs of
Historically Black Colleges and Universities in the 21st
Century'' (Jointly with the Subcommittee on SelectEducation)
(107-78).
September 24, 2002--Hearing on ``Homeland Security:
Tracking International Students in Higher Education--Progress &
Issues Since 9-11'' (Jointly with the Subcommittee on Select
Education) (107-79).
October 1, 2002--Hearing on ``Assuring Quality and
Accountability in Postsecondary Education: Assessing the Role
of Accreditation'' (107-81).
October 9, 2002--Hearing on ``Training Tomorrow's Teachers:
Ensuring a Quality Postsecondary Education'' (107-85).
III. Markups Held by the Subcommittee
107th Congress, Second Session
June 28, 2001--H.R. 1992, Internet Equity and Education Act
of 2001--considered, no action taken.
July 11, 2001--H.R. 1992, Internet Equity and Education Act
of 2001--ordered favorably reported as amended to the Full
Committee by voice vote.
107th Congress, First Session
April 18, 2002--H.R. 4092, Working Toward Independence Act
of 2002--ordered favorably reported as amended to the Full
Committee by a vote of 9-7.
IV. Subcommittee Statistics
Total Number of Bills and Resolution Referred to Subcommittee. 165
Total Number of Hearings...................................... 15
Field..................................................... 1
Jointly with Another Subcommittee of the Committee........ 4
Total Number of Subcommittee Markup Sessions.................. 3
Total Number of Bills Reported From Subcommittee.............. 2
SUBCOMMITTEE ON EDUCATION REFORM
I. Summary of Activities
Education reform has been a hallmark of the 107th Congress
and the first two years of President George W. Bush's
administration. By signing the No Child Left Behind Act (H.R.
1) into law on January 8, 2002, President Bush fulfilled his
promise to bring Republicans and Democrats together in an
effort to ensure no child is left behind on the road to
educational excellence. The Education and the Workforce
Subcommittee on Education Reform, chaired by Rep. Mike Castle
(R-DE), played a pivotal role in the passage of the No Child
Left Behind Act as well as many other education reform efforts
undertaken on behalf of the nation's children during the 107th
Congress.
The Education Reform Subcommittee's jurisdiction includes
pre-K through high school education, including the Elementary
and Secondary Education Act (ESEA), which was reauthorized for
six years through the No Child Left Behind Act. In addition,
the subcommittee has jurisdiction over vocational education,
school lunch and child nutrition programs, Head Start, and the
Individuals with Disabilities Education Act (IDEA), the primary
education law serving students with special needs.
In addition to its role in helping to enact No Child Left
Behind, the Education Reform Subcommittee under Chairman Castle
took the lead during the 107th Congress in revamping and
improving the education research, evaluation, statistics and
information functions of the federal government, helping to
ensure that all federal education research is based not on fads
or politics, but on sound science proven to help children.
Chairman Castle's Education Sciences Reform Act, which
President Bush signed into law on November 5, 2002, will help
American students learn reading, mathematics and other
essential skills by improving the quality of critical education
research. By modifying and streamlining education research
methods, the bill eliminates existing methods that are not held
to high standards and replaces them with new, more independent
and innovative methods, using coordinated, high quality
education research.
The Education Reform Subcommittee also took the lead in
laying the groundwork for what promises to be one of the next
major steps in the transformation of the federal government's
involvement in education policy--reauthorization of the
Individuals with Disabilities Education Act (IDEA). The
subcommittee began the process of renewing America's special
education law by holding four hearings on the issue during the
107th Congress. The subcommittee's hearings were flanked by the
release in July 2002 of a long-awaited report by the
President's Commission on Excellence in Special Education. The
report addresses many of the most important issues facing the
special education system, including the paperwork burden facing
America's teachers, the need to maximize options for parents,
and the need to improve results for children with special
needs. It will serve as a valuable guide as members of the
Education Reform Subcommittee prepare to reauthorize IDEA and
ensure all children with special needs receive a quality
education.
Following is a summary of some of the Education Reform
Subcommittee achievements of the 107th Congress (January 2001--
October 2002).
Strengthening special education
Under the leadership of Chairman Castle, the Education
Reform Subcommittee took the lead during the 107th Congress in
focusing on the need not just for increased federal funding for
special education, but for significant reforms to improve
results for children with special needs. As the panel's actions
reflect, a growing chorus of Republicans and Democrats in
Congress say special education must be strengthened and the
Individuals with Disabilities Education Act (IDEA) must be
fixed. Congress must ensure better results for students with
special needs, reduce the paperwork burden for teachers and
school officials, and maximize parental involvement and choice,
Education Reform Subcommittee members argued.
Strengthening special education through the No Child Left Behind Act
(H.R. 1)
The cornerstone of the No Child Left Behind Act, co-
authored by members of the Education Reform Subcommittee and
signed by President Bush in January 2002, is improving results
for all students, including those with special needs. For too
many years, members noted, too many children in special needs
classes have been left behind academically, without a chance to
succeed in school and prepare for life. For this reason,
legislators included provisions in the No Child Left Behind Act
to ensure children with special needs are getting the results
they deserve from their education.
Under No Child Left Behind, schools, school districts, and
states are asked to show progress in educating children with
special needs. If expectations are not met, both parents and
schools qualify for emergency help. Schools qualify for extra
funding and technical assistance. And parents of children with
special needs in underachieving schools are given new options--
including the option of sending their children to higher-
achieving public schools or charter schools, and the option of
obtaining supplemental educational services such as private
tutoring for their children.
The No Child Left Behind Act provides new information and
options for parents of children with special needs to help them
make important decisions regarding their children's education.
Under NCLB, parents of children with special needs receive
report cards on school achievement in special education as well
as other academic areas. These report cards will enhance
parents' ability to make informed choices about their
children's education. Parents of children with special needs
have the right to know whether their child is learning from a
highly-qualified teacher (more on this below).
The No Child Left Behind Act also insists on real results
to ensure students with special needs are getting the quality
education they deserve. Under NCLB, federally-funded schools
that have not made adequate yearly progress (as defined by the
state) for two consecutive years will be identified by the
state or district as needing improvement. If a school is
identified as needing improvement, both the school and the
parents of children with special needs attending that school
qualify for emergency help. Struggling schools qualify for
financial and technical assistance to help them turn around and
improve special education.
Under No Child Left Behind, parents of children with
special needs receive the option of sending their child to
another public school or charter school immediately (with
priority given to those students who are low-achieving or low-
income). In addition, if a school continues to underachieve,
parents of children with special needs may obtain supplemental
educational services for their children--including tutoring,
after school services, and summer school programs--using a
portion of their child's share of federal Title I funds (again
based on priority for those students who are low-achieving or
low-income).
Teacher quality is one of the most important factors in
ensuring the progress of students with special needs. For that
reason, the No Child Left Behind Act places a great emphasis on
addressing the nation's growing shortage of highly-qualified
special education teachers. The No Child Left Behind reforms
provide new resources for teacher recruitment and training
along with new tools to help parents ensure children with
special needs are learning from dedicated, highly-qualified
professionals.
In addition to a significant increase in federal funding
for teacher quality, No Child Left Behind allows federal funds
to be used by local school districts for professional
development of special education instructors. In addition,
under NCLB, these funds may be used to train regular teachers
in areas such as the inclusion of students with disabilities in
regular classrooms. Under NCLB, 95 percent of federal teacher
training funds are reserved for local school districts to
provide funding for various teaching programs, including those
that provide instruction in teaching children with different
learning styles, ''particularly children with disabilities and
children with special needs.'' (This language is included in
the actual text of the No Child Left Behind law.)
In addition to funds specifically marked for teacher
quality, the No Child Left Behind Act gives local schools new
freedom to make spending decisions with up to 50 percent of the
non-Title I federal funds they receive. With this new freedom,
a local school district this year can use additional funds for
hiring new special education teachers, increasing teacher pay,
improving special education teacher training and development or
other uses if it chooses to do so. For example: if a school
district receives federal money for technology but decides it
would be better spent to train special education teachers so
they are highly qualified, the school district can use the
money for that purpose--and the school district does NOT need
prior approval from anyone to do it, including the state and
the federal government.
To further help strengthen special education, No Child Left
Behind requires that all children with special needs attending
federally-funded schools have the opportunity to learn from a
highly qualified special education teacher. States must submit
a plan to ensure all teachers teaching special education are
highly qualified by the end of the 2005-2006 school year.
NCLB streamlines two earlier federal programs--the
Eisenhower Professional Development program and the Class Size
Reduction program--into a single, flexible program,providing
local school districts with greater freedom and resources than ever
before to pursue the goal of placing a highly-qualified teacher in
every special education classroom. The new, simpler teacher quality
program allows local school districts to use federal funds for
professional development, recruitment, and hiring of special education
teachers and other teachers based on their individual needs.
While promoting state and local methods for the recruitment
and retention of highly qualified teachers, the No Child Left
Behind Act explicitly prohibits funds from being used to plan,
develop, implement, or administer any mandatory national
teacher or paraprofessional test or certification. Each
district and state has different demands for special education
teachers. No Child Left Behind allows schools the flexibility
to hire teachers that will provide the best special education
services to their students, recognizing that different students
in different communities have different needs.
The No Child Left Behind Act also improves early reading
instruction to help strengthen special education. Currently,
subcommittee members noted, too many children with reading
problems are being identified as disabled and placed in special
education classes they don't necessarily belong in. This over-
identification hinders the academic development of students who
are misidentified, and also takes valuable resources away from
students who truly are learning disabled. Experts agree
strengthening the quality of reading instruction programs
across the nation will also significantly strengthen special
education.
President Bush's Reading First and Early Reading First
initiatives, included in the No Child Left Behind Act, are
essential to the effort to improve education for children with
special needs. Reading First and Early Reading First emphasize
scientifically based instruction to ensure children in Head
Start and other pre-school programs learn vital pre-reading
skills before entering grade school. These initiatives will
also help prevent minority children from being mislabeled as
needing special education.
The Reading First initiative encourages states and local
schools to establish reading programs based on scientific
research for all children in kindergarten through Grade 3. As a
result of No Child Left Behind and Reading First, federal
funding for K-3 reading programs has been tripled this year
(FY2002) from $300 million in FY2001 to $900 million in FY2002.
No Child Left Behind allows 20 percent of funds allocated
to states under Reading First to be used specifically for the
professional development of teachers, including special
education teachers. One goal of the professional development
activities is to help special education teachers provide
reading instruction to students with special needs. In too many
instances, special education classes are filled with children
who were simply never taught to read. This funding will provide
teachers with the instruction needed to get these children
caught up in reading and out of the special education system
they never belonged in.
A companion initiative to Reading First--Early Reading
First, also included in No Child Left Behind--enhances reading
readiness for children in high poverty areas, and where there
are high numbers of students who are not reading at grade
level. The $75 million initiative is designed to provide the
critical early identification and early reading interventions
necessary to prevent reading failure among America's children
and to ensure that all children are skilled readers by the end
of third grade.
Reforming and strengthening the Individuals With Disabilities Education
Act (IDEA)
Laying the groundwork for much-needed reform to improve
results for children with special needs, President Bush and
Congress for FY2002 provided an historic increase of $1.2
billion in grants to states and communities under the
Individuals with Disabilities Education Act (IDEA), ensuring
that the federal government is now paying a larger share (16.5
percent) of the cost of special education than at any other
time since 1975. On top of this increase, the President's
FY2003 Budget calls for another $1 billion increase for IDEA
grants to states and communities, which would increase the
federal government's share to 18 percent. The budget resolution
passed by the House in spring 2002 includes the $1 billion
increase requested by the President and calls for full funding
of the IDEA within 10 years. Members of the House Education and
the Workforce Committee, including members of the Education
Reform Subcommittee, worked closely with appropriators and the
Bush Administration during the 107th Congress to ensure this
strong support for children with special needs.
Members of the House Education and the Workforce Committee
also joined Education Secretary Rod Paige in drawing attention
to chronic problems in the current IDEA system that have caused
countless children to be wrongly placed in special education
classes, a problem that particularly affects minority children.
House Republicans on the committee also led successful efforts
to defeat a proposal that would have indefinitely delayed
reform of the IDEA by turning special education into a new
federal entitlement spending program.
House Republicans, led by Subcommittee Chairman Castle, in
June 2002 unveiled a series of principles committee Republicans
believe should guide reauthorization of the IDEA. The
principles include:
Increasing accountability and improving education
results for students with disabilities.
Reducing the paperwork burden.
Improving early intervention strategies.
Reducing over-identification/misidentification of
non-disabled children, including minority youth.
Encouraging innovative approaches to parental
involvement and parental choice.
Supporting general education and special education
teachers.
Rewarding innovation and improved education results.
Restoring trust and reducing litigation.
Ensuring school safety.
Reforming special education finance and funding.
To facilitate reform and reauthorization of the IDEA,
Chairman Castle launched the ''Great IDEAs'' website to gather
input from teachers, parents, students and others involved in
special education. The website can be accessed at http://
edworkforce.house.gov/issues/107th/education/idea/ideacomments/
index.htm. A steadyflow of responses to the project was
received in 2002, and committee staff continues to compile and take
note of the many suggestions provided, some of which could have a
significant impact in shaping the reauthorization of the IDEA.
Improving education research
The Education Sciences Reform Act (H.R. 3801), authored by
Education Reform Subcommittee Chairman Mike Castle (R-DE) and
signed into law by President Bush on November 5, 2002, will
help American students learn reading, mathematics and other
essential skills by improving the quality of critical education
research. Enactment of the legislation, which overhauls the
U.S. Department of Education's Office of Educational Research
and Improvement (OERI), capped years of work by Chairman Castle
and other members to improve the quality of federal education
research to ensure findings are based on sound science and
proven results, rather than politics or fads. The legislation,
which enjoys strong bipartisan support, will give educators
additional tools to meet the high standards called for in the
No Child Left Behind Act.
``This Act will substantially strengthen the scientific
basis for the Department of Education's continuing efforts to
help families, schools, and State and local governments with
the education of America's children,'' the President said in
signing the Education Sciences Reform Act. ``This Act is an
important complement to the No Child Left Behind Act enacted
earlier this year.''
Rep. Castle introduced the original version of the
Education Sciences Reform Act on February 27, 2002. The
following day, the Education Reform Subcommittee held a hearing
on proposed reform of the OERI that helped to pave the way for
passage of the legislation by the subcommittee and full
committee.
Dr. Grover ``Russ'' Whitehurst, the assistant secretary for
research and improvement at the U.S. Department of Education,
acknowledged the need for education research reform in his
testimony at the Education Reform Subcommittee hearing on
February 28, 2002.
``We need an invigorated agency that is capable of carrying
out a coordinated, focused agenda of high quality research,
statistics, and evaluation that is relevant to the educational
challenges of the nation, and that has sufficient flexibility
to adjust to new opportunities and problems when they arise,''
Whitehurst told committee members. ``This is a unique and
unparalleled opportunity to begin a process that will make
American education an evidence-based field.''
At the same hearing, Jim Horne, the secretary of the
Florida Board of Education, agreed on the importance of OERI
reauthorization.
``The many reforms taking place at the state and local
level--aided greatly by the passage of the No Child Left Behind
Act--are largely predicated on the belief that we know what
works,'' Horne testified. ``However, the opportunity to gain a
far better understanding of the complexity of education is upon
us with the reauthorization of OERI.''
For FY 2003, the Education Sciences Reform Act authorizes
$701 million to improve education research and help to ensure
no child is left behind. The bill clarifies the role of
education research, replacing the current Office of Educational
Research and Improvement with a new, more autonomous Institute
of Education Sciences in an effort to enhance efforts to
coordinate and improve federal research, ensuring better
results for children. The bill also creates three separate
centers under the institute--for research, evaluation, and
statistics--guaranteeing more autonomous research.
H.R. 3801 also establishes high quality standards. The bill
ends federal support for education fads that masquerade as
sound science, requiring all federally funded research
activities to meet high standards of quality by including a
definition of scientifically based research standards
consistent with definitions in the No Child Left Behind law.
Under H.R. 3801, federal education research will also be more
''customer-driven'' and focused on helping states, school
districts, and local educational agencies implement education
practices based on sound research.
The Education Sciences Reform Act also injects competition
into education research. H.R. 3801 enhances consumer choice and
ensures high quality and relevant services and products. This
research will provide answers to the educators and school
administrators who must now implement the No Child Left Behind
reforms.
H.R. 3801 also promotes parental involvement, ensuring
research priorities are driven by the needs of parents,
teachers, and school administrators--not political pressure or
the latest fad.
Promoting greater accountability and flexibility in early childhood
education
President Bush has said improving early childhood learning
must be among the next education reform priorities on the heels
of the No Child Left Behind Act, which reauthorized the
Elementary & Secondary Education Act. With the federal Head
Start program due for reauthorization in 2003, the Education
Reform Subcommittee devoted considerable attention in the 107th
Congress to laying the groundwork for reforms that will place a
greater emphasis on results for children and preparing children
to succeed academically in grades K-12.
During a hearing held on early childhood education in July
2001, witnesses testified on factors that must be present in
order to have an effective early childhood program, and what
changes they felt should be made to improve the quality of
current federal early childhood programs such as Head Start.
``I believe that we all would agree that Head Start has a
long history of success,'' said Dr. Wade Horn, Assistant
Secretary for Children and Families, Department of Health and
Human Services. ``But if the program is to continue to have a
positive impact, we must integrate some of the new research
findings about childhood learning into the program. This shift
in the focus on learning can--and should--be accomplished
without sacrificing the comprehensive nature of the program.''
U.S. Under Secretary of Education Dr. Eugene Hickok said
the Department of Education is providing information to
educators and policy makers about why early childhood education
is important and what it takes to ensure that preschoolers'
education experiences are of sufficient quality to make a
difference in learning, no matter what their developmental
stage. ``One major thrust of that effort is a focus on early
literacy or pre-literacy skills and early reading, especially
through the President's Early Reading First Proposal,'' Hickok
said.
The President's Early Reading First Proposal was included
in the No Child Left Behind Act, which was signed into law in
January 2002. The $75 million initiative is designed to provide
the critical early identification and early reading
interventions necessary to prevent reading failure among
America's children and to ensure that all children are skilled
readers by the end of third grade.
The subcommittee's effort to focus on early childhood
education also received a boost from First Lady Laura Bush, a
former school teacher, who told members of the Senate that
''the development of early language and pre-reading skills is
not only extraordinarily critical to a child's reading ability
and academic success throughout school, as well as his or her
occupational success throughout life. The absence of this
development has the potential to destroy self-esteem,
confidence, and motivation to learn.''
On April 2, 2002, President Bush announced a new initiative
to improve early childhood education for millions of America's
youngest children. The President's initiative, dubbed Good
Start-Grow Smart, aims to:
Strengthen Head Start to improve the quality of
experiences for young children, including training the
nearly 50,000 Head Start teachers in the latest and
best techniques;
Ensure pre-school programs are more closely
coordinated with state K-12 education goals; and
Improve the information available to parents and
caregivers about the best practices in early childhood
development, including an unprecedented $45 million
research effort to identify effective early literacy
programs and practices.
The Education Reform Subcommittee held its first hearing on
the reauthorization of Head Start on July 31, 2001.
Promoting literacy as the first step
The role of literacy as the first and most fundamental
building block in a quality education has been a critical issue
in the education initiatives spearheaded by the Education and
the Workforce Committee. To further examine the issue and
explore positive steps in the drive for student literacy,
Chairman Castle's Education Reform Subcommittee held a hearing
on October 8, 2002 to promote literacy partnerships that work.
The hearing featured celebrities and private sector leaders,
including actor James Earl Jones, who remarked on how, ``All of
us--lawmakers, reading teachers and tutors, corporate
philanthropists, educators, and literacy volunteers--all of us
have an important and necessary role addressing this issue.''
Improving literacy among adults and children requires a
cooperative effort between the public and private sector. The
Reading First initiative, one of the key components of the No
Child Left Behind Act, encourages states and local schools to
establish reading programs based on scientific research for all
children in kindergarten through Grade 3. Under the President's
leadership, federal funding for reading programs has been
tripled from $300 million in FY2001 to $900 million in FY2002.
The hearing examined other initiatives, specifically
partnerships between business and education, that have been
effective in promoting literacy.
Companies including Verizon, MBNA, and Pizza Hut testified
to the successes they have achieved in promoting childhood and
adult literacy through corporate sponsorship of proven
programs. Ivan Seidenberg, the President and CEO of Verizon,
described how his company's ``mission is highly focused. We
work to raise public awareness, create partnerships, and
generate financial support for local and national literacy
organizations so they can do their jobs more effectively. To
use a communications metaphor, we believe that--through our
scale, scope, and technology--we can increase the `bandwidth'
of the system and enable more learning to be delivered to more
people, more effectively.''
In describing the numerous ways in which MBNA promotes
literacy, MBNA Executive Vice President Ralph Kuebler stated
that: ``Our expertise is in banking, not in education, so to
help improve literacy, we needed a partnership program that was
at the grassroots level, that involved teachers, that provided
resources for the classroom, and that incorporated
accountability. * * * We created grant programs which can be
models for other businesses that are willing to invest the
people, time, and money to make them work. The MBNA grants
programs are successful because they are designed to empower
teachers in all academic subjects.''
Pizza Hut President and Chief Concept Officer Mike Rawlings
testified about his company's BOOK IT! program, which is the
nation's largest and longest-running reading incentive program.
More than 90 percent of teachers have said the program met or
exceeded their expectations and Rawlings noted that: ''We look
forward to many more years of BOOK IT! We will continue to look
for ways to make our program even more responsive to the needs
of children today. And we expect to help another generation of
readers learn to love books and have some fun doing it.''
Literacy is the most fundamental component in a high-
quality education, and the continued cooperation between the
public and private sectors will be critical in improving
childhood and adult literacy into the future. Investigating
programs and partnerships that work is an important step toward
implementing programs that are successful.
Flexibility and choice emphasized as essential to reform
As the 107th Congress worked to improve educational
opportunities for all children, two key tools emerged as
essential to the reform process. Local control and flexibility
allow states and school districts to effectively meet the needs
of their students, and choice provides parents and students
with the ability to make educational decisions that are best
suited to individual needs. The roles of flexibility and choice
in the education reforms of the No Child Left Behind Act are
critical components to improving education.
The Education Reform Subcommittee on March 14, 2001, held a
hearing exploring the issues of flexibility and choice and how
they affect the development and implementation of education
reforms. Parents and educators testified to the subcommittee on
the impact these reforms have had at the state and local
levels.
Lisa Graham Keegan, then-superintendent of public
instruction in the Arizona Education Department, testified that
flexibility and school choice are two of the most important
tools the federal government provides for developing and
implementing significant education reforms.
``At the state level, flexibility allows us opportunities
to think about new ways of administering programs or delivering
services to meet a defined goal, or improving services through
innovation,'' Keegan said. ''We've also done something else
with this flexibility--we've used it to put into place a system
that provides real educational choice for parents and their
children.
``In Arizona, we believe choice is a right that parents
should expect; it should not be considered an extravagance the
government, in its benevolence, graciously bestows on the
public. Choice ensures that families have real and meaningful
opportunities to pursue a quality education that reflects what
is important in their lives.''
Testimony also focused on the Milwaukee Parental Choice
Program, which helps nearly 10,000 children from families with
limited income enroll in schools chosen by their parents. This
choice program, the oldest in the nation, has positively
impacted the lives of thousands of families in Milwaukee and
can serve as a model of the success that can be achieved
through school choice. Increased flexibility and local control
were also described as positive models that allow states to
implement more effective education reforms, benefiting all
students and assuring that no child is left behind.
Providing support to school districts impacted by a military base
The Education Reform Subcommittee held a hearing on
November 8, 2001, on the Impact Aid program, which supports
school districts impacted by a federal presence such as a
military base. The Impact Aid title was one of many provisions
included in the No Child Left Behind Act, signed into law in
January.
The hearing focused on how well the Impact Aid program has
responded to the changing needs of school districts impacted by
federally connected children. The question was a significant
one, given that funding for the Impact Aid program has been
substantially increased by Congress in recent years. President
Bush's FY2003 budget request sought $1.1 billion for the Impact
Aid program.
General Wesley K. Clark, United States Army (Ret.), former
NATO Supreme Allied Commander of Europe, spoke of the
importance of Impact Aid to children of military families,
testifying that, ``our nation must assure that the children of
its Armed Forces personnel are provided a top quality
education. The United States' military force is highly educated
and its members hold the same expectations for their children's
education. More of our men and women are basing their decisions
to enter or leave the military on perceptions of the quality of
education their children will receive.''
Ensuring educational opportunities for minority children
The No Child Left Behind Act sets out to improve
educational opportunities for all children, regardless of race,
income, geographic region, or other factors. In order to
address the widening achievement gap in education, the
Education Reform Subcommittee held a field hearing in
Lexington, Kentucky on May 1, 2001, to investigate how the No
Child Left Behind Act can improve educational opportunities for
disadvantaged and minority students in Kentucky and across the
nation.
Education leaders discussed the achievement gap affecting
disadvantaged students and the need for comprehensive education
reform, including school choice for parents that have children
trapped in underachieving schools.
``School choice and the option of federal funds for private
school attendance are good instruments to bridge the current
failing educational system, so that our young people do not
have to sit in failing schools while we develop a strategy to
reshape our nation's educational system,'' said Erran Persley,
deputy director of the Youth Opportunity Grant Program at the
Department of Employment Services in Washington, D.C., and a
product of Kentucky public schools. ``We must come up with a
national plan that lays the framework while empowering states
and local governments to address the issues in their own
innovative ways. We must implement comprehensive plans that are
sensitive to the social, physical and economic dynamics of each
community.''
The No Child Left Behind Act works to directly address the
problem of widening achievement gaps through increased
flexibility, accountability, and high standards for educating
all students. By requiring that all students are learning, and
holding schools accountable for new higher standards, the
children who need the most help will no longer be left behind.
Ensuring school lunch eligibility for military children
In December 2001, the House passed a bill (H.R. 3216)
introduced by Rep. Mike Castle (R-DE) that modifies the
National School Lunch Act to ensure that children of military
personnel don't lose their eligibility for free or reduced-
priced meals if their military housing is privatized. Because
of an accounting quirk in current law, housing allowances for
private housing could be considered income, jeopardizing
military children's school lunch eligibility. The bill ensures
these children will be able to continue participating in the
school lunch program. H.R. 3216 was signed into law as part of
a larger bill by President Bush on May 13, 2001.
II. Hearings Held by the Subcommittee
107th Congress, First Session
March 8, 2001--Hearing on ``Measuring Success: Using
Assessments and Accountability to Raise Student Achievement''
(107-6).
March 14, 2001--Hearing on ``Empowering Success:
Flexibility and School Choice'' (107-7).
May 1, 2001--Hearing on ``Ensuring Educational Opportunity
for Minority Children'' in Lexington, Kentucky (107-14).
July 17, 2001--Hearing on ``From Research to Practice:
Improving America's Schools in the 21st Century'' (107-23).
July 31, 2001--Hearing on ``The Dawn of Learning: What's
Working in Early Childhood Education'' (107-26).
November 8, 2001--Hearing on ``Impact Aid: Ensuring All
Children Receive a Quality Education'' (107-38).
107th Congress, Second Session
February 28, 2002--Hearing on ``The Reauthorization of the
Office of Educational Research and Improvement'' (107-47).
April 18, 2002--Hearing on ``Special Education Finance at
the Federal, State and Local Levels'' (107-59).
May 2, 2002--Hearing on ``Rethinking Special Education: How
to Reform the Individuals with Disabilities Education Act''
(107-62).
May 8, 2002--Hearing on ``State and Local Level Special
Education Reforms that Work and Federal Barriers to
Innovation'' (107-63).
June 6, 2002--Hearing on ``Learning Disabilities and Early
Intervention Strategies: How to Reform the Special Education
Referral and Identification Process'' (107-65).
October 8, 2002--Hearing on ``Literacy Partnerships That
Work'' (107-82).
III. Markups Held by the Subcommittee
107th Congress, Second Session
March 13, 2002--H.R. 3801, Education Sciences Reform Act of
2002--ordered favorably reported, as amended, to the Full
Committee by voice vote.
IV. Subcommittee Statistics
Total Number of Bills and Resolutions Referred to Subcommittee 187
Total Number of Hearings...................................... 12
Field..................................................... 1
Joint with Other Committees............................... 0
Total Number of Subcommittee Markup Sessions.................. 1
Total Number of Bills Reported From Subcommittee.............. 1