[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

                                
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