[House Report 112-338]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-338
_______________________________________________________________________

                                     

                                                 Union Calendar No. 227


                        REPORT ON THE ACTIVITIES

                                 of the

                       COMMITTEE ON EDUCATION AND

                             THE WORKFORCE

                             together with

                             MINORITY VIEWS

                  SECOND QUARTER OF THE 112TH CONGRESS




 December 22, 2011.--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

                    JOHN KLINE, Minnesota, Chairman
THOMAS E. PETRI, Wisconsin           GEORGE MILLER, California
HOWARD P. ``BUCK'' McKEON,             (Ranking Member)
    California                       DALE E. KILDEE, Michigan
JUDY BIGGERT, Illinois               DONALD M. PAYNE, New Jersey
TODD RUSSELL PLATTS, Pennsylvania    ROBERT E. ANDREWS, New Jersey
JOE WILSON, South Carolina           ROBERT C. ``BOBBY'' SCOTT, 
VIRGINIA FOXX, North Carolina            Virginia
BOB GOODLATTE, Virginia              LYNN C. WOOLSEY, California
DUNCAN D. HUNTER, California         RUBEN HINOJOSA, Texas
DAVID P. ROE, Tennessee              CAROLYN McCARTHY, New York
GLENN THOMPSON, Pennsylvania         JOHN F. TIERNEY, Massachusetts
TIM WALBERG, Michigan                DENNIS J. KUCINICH, Ohio
SCOTT DesJARLAIS, Tennessee          RUSH D. HOLT, New Jersey
RICHARD HANNA, New York              SUSAN A. DAVIS, California
TODD ROKITA, Indiana                 RAUL M. GRIJALVA, Arizona
LARRY BUCSHON, Indiana               TIMOTHY H. BISHOP, New York
TREY GOWDY, South Carolina           DAVE LOEBSACK, Iowa
LOU BARLETTA, Pennsylvania           MAZIE HIRONO, Hawaii
KRISTI NOEM, South Dakota            JASON ALTMIRE, Pennsylvania
MARTHA ROBY, Alabama
JOE HECK, Nevada
DENNIS ROSS, Florida
MIKE KELLY, Pennsylvania

----------
Representative Bob Goodlatte (R-VA) rejoined the Committee on Education 
and the Workforce on May 25, 2011. Representative David Wu (D-OR) 
resigned from the Committee on Education and the Workforce on August 3, 
2011. Representative Jason Altmire rejoined the Committee on Education 
and the Workforce on September 12, 2011.
Under Rule X, clause (e) of the Rules of House, the jurisdiction of the 
Committee on Education and the Workforce is as follows: education and 
labor generally, food programs for children in schools, labor standards 
and statistics, mediation and arbitration of labor disputes, child 
labor, regulation or prevention of importation of foreign laborers 
under contract, workers' compensation, wages and hours of labor, 
welfare of miners, work incentive programs, convict labor and the entry 
of goods made by convicts into interstate commerce, vocational 
rehabilitation, and Gallaudet University and Howard University and 
Hospital.
  Subcommittee on Early Childhood, Elementary, and Secondary Education

                 DUNCAN D. HUNTER, California, Chairman
JOHN KLINE, Minnesota                DALE KILDEE, Michigan
THOMAS E. PETRI, Wisconsin             (Ranking Member)
JUDY BIGGERT, Illinois               DONALD PAYNE, New Jersey
TODD RUSSELL PLATTS, Pennsylvania    ROBERT C. ``BOBBY'' SCOTT, 
VIRGINIA FOXX, North Carolina            Virginia
BOB GOODLATTE, Virginia              CAROLYN McCARTHY, New York
RICHARD HANNA, New York              RUSH HOLT, New Jersey
LOU BARLETTA, Pennsylvania           SUSAN DAVIS, California
KRISTI NOEM, South Dakota            RAUL GRIJALVA, Arizona
MARTHA ROBY, Alabama                 MAZIE HIRONO, Hawaii
MIKE KELLY, Pennsylvania             LYNN C. WOOLSEY, California
                                     GEORGE MILLER, California, (ex 
                                         officio)

----------
The Subcommittee on Early Childhood, Elementary, and Secondary 
Education has jurisdiction over education from early learning through 
the high school level including, but not limited to, elementary and 
secondary education, special education, homeless education, and migrant 
education; overseas dependent schools; career and technical education; 
school safety and alcohol and drug abuse prevention; school lunch and 
child nutrition programs; educational research and improvement 
including the Institute of Education Sciences; environmental education; 
pre-service and in-service teacher professional development including 
Title II of the Elementary and Secondary Education Act and Title II of 
the Higher Education Act; early care and education programs including 
the Head Start Act and the Child Care and Development Block Grant Act; 
adolescent development and training programs including, but not limited 
to, those providing for the care and treatment of certain at-risk youth 
including the Juvenile Justice and Delinquency Prevention Act and the 
Runaway and Homeless Youth Act; and all matters dealing with child 
abuse and domestic violence including the Child Abuse Prevention and 
Treatment Act and child adoption.

                 Subcommittee on Workforce Protections

                    TIM WALBERG, Michigan, Chairman
JOHN KLINE, Minnesota                LYNN WOOLSEY, California
BOB GOODLATTE, Virginia                (Ranking Member)
TODD ROKITA, Indiana                 DONALD PAYNE, New Jersey
LARRY BUCSHON, Indiana               DENNIS KUCINICH, Ohio
TREY GOWDY, South Carolina           TIMOTHY H. BISHOP, New York
KRISTI NOEM, South Dakota            MAZIE HIRONO, Hawaii
DENNIS ROSS, Florida                 GEORGE MILLER, California
MIKE KELLY, Pennsylvania

----------
The Subcommittee on Workforce Protections has jurisdiction over wages 
and hours of workers including, but not limited to, the Davis-Bacon 
Act, the Walsh-Healey Act, the Service Contract Act, and the Fair Labor 
Standards Act; workers' compensation including the Federal Employees' 
Compensation Act, the Longshore and Harbor Workers' Compensation Act, 
and the Black Lung Benefits Act; the Migrant and Seasonal Agricultural 
Worker Protection Act; the Family and Medical Leave Act; the Worker 
Adjustment and Retraining Notification Act; the Employee Polygraph 
Protection Act of 1988; trade and immigration issues as they impact 
employers and workers; and workers' safety and health including, but 
not limited to, occupational safety and health, mine safety and health, 
and migrant and agricultural worker safety and health.
        Subcommittee on Higher Education and Workforce Training

               VIRGINIA FOXX, North Carolina, Chairwoman
JOHN KLINE, Minnesota                RUBEN HINOJOSA, Texas
THOMAS E. PETRI, Wisconsin             (Ranking Member)
HOWARD P. ``BUCK'' McKeon,           JOHN F. TIERNEY, Massachusetts
    California                       TIMOTHY BISHOP, New York
JUDY BIGGERT, Illinois               ROBERT ANDREWS, New Jersey
TODD RUSSELL PLATTS, Pennsylvania    SUSAN DAVIS, California
PHIL ROE, Tennessee                  RAUL GRIJALVA, Arizona
GLENN THOMPSON, Pennsylvania         DAVID LOEBSACK, Iowa
RICHARD HANNA, New York              GEORGE MILLER, California
LARRY BUCSHON, Indiana               JASON ALTMIRE, Pennsylvania
LOU BARLETTA, Pennsylvania
JOE HECK, Nevada

----------
The Subcommittee on Higher Education and Workforce Training has 
jurisdiction over education and training beyond the high school level 
including, but not limited to, higher education generally, 
postsecondary student assistance and employment services, and the 
Higher Education Act; Title IX of the Education Amendments of 1972; all 
domestic volunteer programs; all programs related to the arts and 
humanities, museum and library services, and arts and artifacts 
indemnity; postsecondary career and technical education, apprenticeship 
programs, and job training including the Workforce Investment Act, 
vocational rehabilitation, and training programs from immigration 
funding; science and technology programs; adult basic education (family 
literacy); all welfare reform programs including work incentive 
programs and welfare-to-work requirements; poverty programs including 
the Community Services Block Grant Act and the Low Income Home Energy 
Assistance Program (LIHEAP); the Native American Programs Act; the 
Institute of Peace; and all matters dealing with programs and services 
for the elderly including nutrition programs and the Older Americans 
Act.

        Subcommittee on Health, Employment, Labor, and Pensions

                     PHIL ROE, Tennessee, Chairman
JOE WILSON, South Carolina           ROBERT ANDREWS, New Jersey
GLENN THOMPSON, Pennsylvania           (Ranking Member)
TIM WALBERG, Michigan                DENNIS J. KUCINICH, Ohio
SCOTT DesJARLAIS, Tennessee          DAVID LOEBSACK, Iowa
RICHARD HANNA, New York              DALE KILDEE, Michigan
TODD ROKITA, Indiana                 RUBEN HINOJOSA, Texas
LARRY BUCSHON, Indiana               CAROLYN McCARTHY, New York
LOU BARLETTA, Pennsylvania           JOHN F. TIERNEY, Massachusetts
KRISTI NOEM, South Dakota            RUSH HOLT, New Jersey
MARTHA ROBY, Alabama                 ROBERT SCOTT, Virginia
JOE HECK, Nevada                     JASON ALTMIRE, Pennsylvania
DENNIS ROSS, Florida                 GEORGE MILLER, California (ex 
JOHN KLINE, Minnesota (ex officio)       officio)

----------
The Subcommittee on Health, Employment, Labor, and Pensions has 
jurisdiction over all matters dealing with relationships between 
employers and employees including, but not limited to, the National 
Labor Relations Act, the Labor-Management Relations Act, and the Labor-
Management Reporting and Disclosure Act; the Bureau of Labor 
Statistics; employment-related health and retirement security including 
pension, health, and other employee benefits and the Employee 
Retirement Income Security Act (ERISA); and all matters related to 
equal employment opportunity and civil rights in employment.


                         LETTER OF TRANSMITTAL

                              ----------                              

                          House of Representatives,
                  Committee on Education and the Workforce,
                                 Washington, DC, December 22, 2011.
Hon. Karen L. Haas,
Clerk of the House, The Capitol,
Washington, DC.
    Dear Ms. Haas: 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 Second Quarter of the 112th 
Congress.
    I circulated this report to all members of the Committee on 
December 16, 2011, and received minority views, which are 
included in this report.
    This report summarizes the activities of the Committee 
during the Second Quarter of the 112th Congress with respect to 
its legislative and oversight responsibilities.
            Sincerely,
                                                John Kline,
                                                          Chairman.


                            C O N T E N T S

                              ----------                              
                                                                   Page
Introduction.....................................................     1
    Committee Activities.........................................     2
Full Committee...................................................     2
        Hearings.................................................     2
        Markups..................................................     4
        Floor....................................................     5
    Subcommittee Activities......................................     6
        Hearings.................................................     6
            Subcommittee on Early Childhood, Elementary and 
              Secondary Education................................     6
            Subcommittee on Workforce Protections................     6
            Subcommittee on Higher Education and Workforce 
              Training...........................................     7
            Subcommittee on Health, Employment, Labor and 
              Pensions...........................................     9
    Oversight Activities.........................................    10
        Correspondence...........................................    10
Minority Views...................................................    15


                                                 Union Calendar No. 227
112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-338

======================================================================



 
    REPORT ON THE ACTIVITIES OF THE COMMITTEE ON EDUCATION AND THE 
                    WORKFORCE OF THE 112TH CONGRESS

                                _______
                                

 December 22, 2011.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

     Mr. Kline, from the Committee on Education and the Workforce, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                              INTRODUCTION

    Under the leadership of Rep. John Kline (R-MN), the House 
Committee on Education and the Workforce has made strong 
progress in the second quarter of the 112th Congress in 
supporting workers and employers, removing barriers to job 
growth, and empowering states and school districts to improve 
education.
    Throughout the second quarter of the 112th Congress, the 
committee dedicated significant time to examining the 
challenges and opportunities facing our nation's education 
system. Reforming current elementary and secondary education 
law, known as No Child Left Behind, remains at the forefront of 
the committee agenda. The committee has worked diligently to 
craft legislation that will enhance accountability, support 
more effective teachers, and provide states and school 
districts with the flexibility necessary to develop effective 
programs and initiatives that best meet the needs of students. 
The committee plans to complete its efforts to reauthorize the 
law next year.
    With more than 13 million Americans out of work, improving 
the nation's job training system is another top committee 
priority. The committee held several hearings in member 
districts and Washington, D.C. to explore ways to better 
prepare workers for success in the 21st century workplace. We 
used what we learned from employers and workers across the 
country to develop a package of legislation designed to build a 
more robust and responsive job training system that will 
efficiently serve workers and taxpayers. These bills will serve 
as the foundation for the committee's work to reauthorize the 
Workforce Investment Act in the second session of the 112th 
Congress.
    In addition to helping our nation's workers gain important 
job skills, we must ensure employers have the certainty they 
need to create jobs and invest in their businesses. 
Unfortunately, recent actions by the National Labor Relations 
Board (NLRB) are wreaking havoc on workplaces and threatening 
employers' free speech and workers' free choice. The committee 
remains determined to protect employee and employer rights 
under the National Labor Relations Act and ensure union 
transparency and democracy; that is why the committee advanced 
legislation designed to rein in the NLRB's activist agenda and 
reaffirm key workforce protections that have been in place for 
decades. The committee will continue to fight federal policies 
and regulations that stand in the way of economic growth and 
investment.
    Congressional leaders have a responsibility to conduct 
oversight of the federal government, and the House Committee on 
Education and the Workforce takes that responsibility 
seriously. With so many Americans unemployed, it is 
unacceptable to ignore rules or regulations that stand in the 
way of job creation. And with the national debt passing 
historic levels, we must demand agencies spend taxpayer dollars 
wisely. The committee has and will continue to demand and lead 
aggressive oversight in the committee's areas of jurisdiction, 
including policies administered by the U.S. Departments of 
Labor, Education, Agriculture, Justice, and Health and Human 
Services.
    The committee continues to actively examine the policies 
and programs to determine whether they are serving the best 
interests of students, workers, and taxpayers, and will remain 
vigilant in pursuit of policies that promote economic growth, 
support a stronger workforce, and improve education in America.

                          COMMITTEE ACTIVITIES


                             FULL COMMITTEE


                                Hearings


                  (LINKS ARE TO THE COMMITTEE WEBSITE)

    In the second quarter of the 112th Congress, the full 
committee held six hearings, one of which was a legislative 
hearing.

July 7, 2011--``Rushing Union Elections: Protecting the Interests of 
        Big Labor at the Expense of Workers' Free Choice'' (Printed 
        Hearing 112-31)

    The purpose of the hearing was to examine the National 
Labor Relations Board's (NLRB) June 22, 2011 notice of proposed 
rulemaking (NPRM) that could significantly alter NLRB union 
representation election procedures.
    Witnesses: The Honorable Peter C. Schaumber, Former NLRB 
Chairman, Washington, DC; Mr. Larry Getts, Tube Press 
Technician, Dana Corporation, Garrett, Indiana; Mr. Kenneth 
Dau-Schmidt, Professor, Indiana University, Mauer School of 
Law, Bloomington, Indiana; Mr. John Carew, President, Carew 
Concrete & Supply Company, Appleton, Wisconsin, testifying on 
behalf of himself and the National Ready Mixed Concrete 
Association; and Mr. Michael J. Lotito, Partner, Jackson Lewis 
LLP, San Francisco, California.

July 27, 2011--``Education Reforms: Exploring Teacher Quality 
        Initiatives'' (Printed Hearing 112-35)

    The purpose of the hearing was to highlight state and local 
efforts to improve teacher quality and highlight select teacher 
reform issues that may be addressed as part of the committee's 
ongoing effort to reauthorize the Elementary and Secondary 
Education Act (ESEA).
    Witnesses: The Honorable Kevin S. Huffman, Commissioner, 
Tennessee Department of Education, Nashville, Tennessee; Mr. 
Tom Boasberg, Superintendent, Denver Public Schools, Denver, 
Colorado; Ms. Kate Walsh, President, National Council on 
Teacher Quality, Washington, DC; and Mr. David Cicarella, 
President, New Haven Federation of Teachers, New Haven, 
Connecticut.

August 30, 2011--``Examining Local Solutions to Strengthen Federal Job 
        Training Programs'' Field hearing in Las Vegas, Nevada (Printed 
        Hearing 112-36)

    The purpose of the hearing was to highlight the work being 
done by local businesses and workforce development 
professionals to respond to the needs of the local economy and 
workforce.
    Witnesses: The first panel included The Honorable Andy A. 
Hafen, Mayor, City of Henderson, Nevada; Mr. Jeremy Aguero, 
Principal Analyst, Applied Analysis, Las Vegas, Nevada; Mr. 
Darren Enns, Secretary Treasurer, Southern Nevada Building and 
Construction Trades Council, Henderson, Nevada; and Mr. LeRoy 
Walker, Vice President, Human Resources, St. Rose Dominican 
Hospitals, Nevada Market, Henderson, Nevada. The second panel 
included Mr. Edward R. Guthrie, Executive Director, Opportunity 
Village, Las Vegas, Nevada; Mr. John Ball, Executive Director, 
Nevada Workforce Connections, Las Vegas, Nevada; and Ms. 
Rebecca Metty-Burns, Executive Director, Division of Workforce 
and Economic Development, College of Southern Nevada, Las 
Vegas, Nevada.

September 14, 2011--``Education Reforms: Examining the Federal Role in 
        Public School Accountability'' (Printed Hearing 112-38)

    The purpose of this hearing was to examine the role of the 
federal government in holding public schools accountable for 
student achievement.
    Witnesses: Ms. Hanna Skandera, Secretary of Education, New 
Mexico Department of Public Education, Santa Fe, New Mexico; 
Dr. Amy F. Sichel, Superintendent of Schools, Abington School 
District, Abington, Pennsylvania; Ms. Blaine Hawley, Principal, 
Red Pump Elementary School, Bel Air, Maryland; and Mr. Alberto 
M. Carvalho, Superintendent of Schools, Miami-Dade County 
Public Schools, Miami, Florida.

September 22, 2011--``Culture of Union Favoritism: Recent Actions of 
        the National Labor Relations Board'' (Printed Hearing 112-40)

    The purpose of the hearing was to examine: (1) the National 
Labor Relations Board's (NLRB) June 22, 2011 notice of proposed 
rulemaking that could significantly alter existing election 
procedures; (2) the NLRB's August 30, 2011 final rule that 
would require almost every private employer to post a vague, 
union-biased notice on employee National Labor Relations Act 
(NLRA) rights; and (3) the NLRB's August 2011 holdings in 
Specialty Healthcare, Lamons Gasket, and UGL-UNICCO.
    Witnesses: Mr. Curtis L. Mack, Partner, McGuire Woods, 
Atlanta, Georgia; Mr. G. Roger King, Partner, Jones Day, 
Columbus, Ohio; Ms. Barbara A. Ivey, Employee, Kaiser 
Permanente Northwest, Keizer, Oregon; and Mr. Arthur J. Martin, 
Partner, Schuchat, Cook and Werner, St. Louis, Missouri.

October 12, 2011--H.R. 3094, ``Workforce Democracy and Fairness Act'' 
        (Printed Hearing 112-43)

    The purpose of the hearing was to examine H.R. 3094, the 
Workforce Democracy and Fairness Act, legislation to preempt 
the National Labor Relations Board's (NLRB) June 22, 2011 
notice of proposed rulemaking that could significantly alter 
existing election procedures and reverse the NLRB's August 26, 
2011 holding in Specialty Healthcare.
    Witnesses: The Honorable Charles Cohen, Senior Counsel, 
Morgan Lewis, Washington, DC, Former Member of the National 
Labor Relations Board; Mr. Phillip Russell, Shareholder, 
Ogletree Deakins, Tampa, Florida; Mr. Robert Sullivan, 
President, RG Sullivan Consulting, LLC, Westmoreland, New 
Hampshire, testifying on behalf of Retail Industry Leaders 
Association (RILA); and Mr. Michael J. Hunter, Partner, Hunter, 
Carnahan, Shoub, Byard & Harshman, Columbus, Ohio.

                                Markups


                  (LINKS ARE TO THE COMMITTEE WEBSITE)

    In the second quarter of the 112th Congress, the full 
committee held four markups and filed three legislative 
reports. No subcommittee markups were held.

July 13, 2011--H.R. 2445, ``State and Local Funding Flexibility Act'' 
        (Sponsor: John Kline)

    The bill provides states and school districts maximum 
flexibility in the use of federal education funds, giving them 
greater control over their education decisions, eliminating 
bureaucratic red tape, and encouraging local innovation to 
reform public education. The bill was ordered favorably 
reported, as amended, to the House by a vote of 23-17, and the 
committee report was filed on July 25, 2011 (House Report 112-
180).

July 13, 2011--H.R. 2465, ``Federal Workers' Compensation Modernization 
        and Improvement Act'' (Sponsor: John Kline)

    The bill would amend the Federal Employees' Compensation 
Act (FECA) to improve the integrity of the FECA program, 
enhance its efficiency, and modernize benefit levels. The bill 
was ordered favorably reported to the House by voice vote.

July 21, 2011--H.R. 2587, ``Protecting Jobs From Government 
        Interference Act'' (Sponsor: Tim Scott)

    The bill would amend the National Labor Relations Act 
(NLRA) to prohibit the National Labor Relations Board (NLRB), 
in future and pending cases, from ordering any employer to 
close, relocate, or transfer employment under any 
circumstances. The bill was ordered favorably reported, as 
amended, to the House by a vote of 23-16, and the committee 
report was filed on July 25, 2011 (House Report 112-179).

October 26, 2011--H.R. 3094, ``Workforce Democracy and Fairness Act'' 
        (Sponsor: John Kline)

    The bill would reinstate the traditional standard for 
determining which employees make up an appropriate bargaining 
unit; ensure employers are able to participate in a fair union 
election; guarantee workers have the ability to make a fully 
informed decision in a union election; and safeguard employee 
privacy by allowing workers to decide the type of personal 
information provided to a union. The bill was ordered favorably 
reported, as amended, to the House by a vote of 23-16, and the 
committee report was filed on November 10, 2011 (House Report 
112-276).

                                 Floor


                  (LINKS ARE TO THE HOUSE PASSED BILL)

    In the second quarter of the 112th Congress, the committee 
passed four bills on the House floor, three under a Rule and 
one under Suspension.

H.R. 2218, ``Empowering Parents through Quality Charter Schools Act'' 
        (Sponsor: Duncan Hunter)

    The bill passed the House under a Rule (H. Res. 392) on 
September 13, 2011 by a vote of 365-54.

H.R. 2587, ``Protecting Jobs From Government Interference Act'' 
        (Sponsor: Tim Scott)

    The bill passed the House under a Rule (H. Res. 372) on 
September 15, 2011, by a vote of 238-186.

H.R. 2465, ``Federal Workers' Compensation Modernization and 
        Improvement Act'' (Sponsor: John Kline)

    The bill passed the House under Suspension on November 29, 
2011, by voice vote.

H.R. 3094, ``Workforce Democracy and Fairness Act'' (Sponsor: John 
        Kline)

    The bill passed the House under a Rule (H. Res. 470) on 
November 30, 2011 by a vote of 235-188.

                        Subcommittee Activities 


                                Hearings


                  (LINKS ARE TO THE COMMITTEE WEBSITE)

  Subcommittee on Early Childhood, Elementary and Secondary Education

    In the second quarter of the 112th Congress, the 
subcommittee held two hearings.

September 21, 2011--``Education Reforms: Ensuring the Education System 
        is Accountable to Parents and Communities'' (Printed Hearing 
        112-39)

    The purpose of this hearing was to examine the role of the 
federal government in holding public schools accountable for 
student achievement.
    Witnesses: Dr. Jay P. Greene, Professor, University of 
Arkansas, Fayetteville, Arkansas; Dr. Benny L. Gooden, 
Superintendent of Schools, Fort Smith Public Schools, Fort 
Smith, Arkansas; Mr. Bill Jackson, Founder and CEO, 
GreatSchools, San Francisco, California; and Ms. Laura W. 
Kaloi, Public Policy Director, National Center for Learning 
Disabilities, Oak Hill, Virginia.

November 16, 2011--``Education Research: Identifying Effective Programs 
        to Support Students and Teachers'' (Printed Hearing 112-47)

    The purpose of the hearing was to examine the federal role 
in supporting education research and evaluation; the role of 
the private and non-profit sectors in supporting education 
research; and how states, school districts, and other 
practitioners use data gleaned from research to improve student 
achievement.
    Witnesses: Dr. Grover J. ``Russ'' Whitehurst, Senior Fellow 
& Director of the Brown Center on Education Policy, Brookings 
Institution, Washington, DC; Dr. Caroline M. Hoxby, Scott and 
Donya Bommer Professor of Economics, Stanford University, 
Stanford, California; Dr. Eric Smith, former Florida 
Commissioner of Education, Annapolis, Maryland; and Mr. Steve 
Fleischman, Director of the Regional Educational Laboratory 
(REL) Northwest, Portland, Oregon.

                 Subcommittee on Workforce Protections

    In the second quarter of the 112th Congress, the 
subcommittee held four hearings.

July 14, 2011--``The Fair Labor Standards Act: Is It Meeting the Needs 
        of the Twenty-First Century Workplace?'' (Printed Hearing 112-
        33)

    The purpose of the hearing was to provide a broad overview 
of the current state of the Fair Labor Standards Act, exploring 
aspects of the law that have fallen behind the times.
    Witnesses: Mr. J. Randall MacDonald, Senior Vice President, 
Human Resources, IBM, Armonk, New York, testifying on behalf of 
the HR Policy Association; Mr. Richard L. Alfred, Partner, 
Seyfarth Shaw LLP, Boston, Massachusetts; Mr. Nobumichi Hara, 
Senior Vice President of Human Capital, Goodwill of Central 
Arizona, Phoenix, Arizona, testifying on behalf of the Society 
for Human Resource Management; and Ms. Judith M. Conti, Federal 
Advocacy Coordinator, National Employment Law Project, 
Washington, DC.

September 13, 2011--``Workforce Challenges Facing the Agriculture 
        Industry'' (Printed Hearing 112-37)

    The purpose of the hearing was to examine the H-2A visa 
program for temporary and seasonal agricultural guest workers, 
which provides the U.S. agriculture industry with foreign 
workers.
    Witnesses: The first panel included the Honorable Jane 
Oates, Assistant Secretary of Employment and Training 
Administration, U.S. Department of Labor, Washington, DC. The 
second panel included Mr. Joe Bailey, Director of Human 
Resources, Bailey Nurseries, Inc., St. Paul, Minnesota; Ms. 
Libby Whitley, President, MASLabor, Lovingston, Virginia; the 
Honorable Leon Sequeira, Senior Counsel, Seyfarth Shaw LLP, 
Washington, DC for Assistant Secretary of Labor; and Mr. Bruce 
Goldstein, Executive Director, Farmworker Justice, Washington, 
DC.

October 5, 2011--``Workplace Safety: Ensuring a Responsible Regulatory 
        Environment'' (Printed Hearing 112-42)

    The purpose of the hearing was to examine: (1) the 
Occupational Safety and Health Administration's (OSHA) 
regulatory priorities announced in the U.S. Department of 
Labor's Spring 2011 Semi-Annual Regulatory Agenda (published in 
July); (2) OSHA's increased use of informal directives in lieu 
of formal notice and comment rulemaking; and (3) the 
consequences of OSHA's recent regulatory and enforcement 
activities on workplace safety and health.
    Witnesses: The first panel included Dr. David Michaels, 
Assistant Secretary, Occupational Safety and Health 
Administration, Washington, DC. The second panel included Mr. 
Pete Korellis, President and Owner, Korellis Roofing, Inc. 
Hammond, Indiana; Mr. David Sarvadi, Esq., Partner, Keller & 
Heckman LLP, Washington, DC; and Ms. Margaret (Peg) Seminario, 
Director, Occupational Safety and Health, AFL-CIO, Washington, 
DC.

November 3, 2011--``Examining Regulatory and Enforcement Actions Under 
        the Fair Labor Standards Act'' (Printed Hearing 112-46)

    The purpose of the hearing was to examine the regulatory 
and enforcement actions of the U.S. Department of Labor's Wage 
and Hour Division under the Fair Labor Standards Act.
    Witnesses: The first panel included Ms. Nancy J. Leppink, 
Acting Wage and Hour Administrator, U.S. Department of Labor, 
Washington, DC. The second panel included The Honorable Tammy 
D. McCutchen, Shareholder, Littler Mendelson P.C., Washington, 
DC; Mr. David S. Fortney, Co-Founder, Fortney & Scott, LLC, 
Washington, DC; and Ms. Kim Bobo, Executive Director, 
Interfaith Worker Justice, Chicago, Illinois.

        Subcommittee on Higher Education and Workforce Training

    In the second quarter of the 112th Congress, the 
subcommittee held five hearings.

July 8, 2011--``The Gainful Employment Regulation: Limiting Job Growth 
        and Student Choice'' Joint hearing with the Committee on 
        Oversight and Government Reform's Subcommittee on Regulatory 
        Affairs, Stimulus Oversight, and Government Spending (Printed 
        Hearing 112-32)

    The purpose of the hearing was to explore the harmful 
consequences of the U.S. Department of Education's final 
gainful employment regulation and how the new requirements 
impede college access, stifle job creation, and continue the 
Administration's federal overreach into the nation's 
postsecondary education system.
    Witnesses: Mr. Harry C. Alford, President and Chief 
Executive Officer, National Black Chamber of Commerce, 
Washington, DC; Dr. Dario A. Cortes, President, Berkeley 
College, New York City, New York; Ms. Karla Carpenter, 
Graduate, Herzing University and Program Manager, Quest 
Software, Dane County, Wisconsin; and Dr. Anthony P. Carnevale, 
Director, Georgetown University Center on Education and the 
Workforce, Washington, DC.

August 16, 2011--``Reviving Our Economy: The Role of Higher Education 
        in Job Growth and Development'' Field hearing in Greenville, 
        South Carolina (Printed Hearing 112-14)

    The purpose of the hearing was to explore the role of local 
higher education institutions in fostering job creation and job 
growth and to highlight specifically the work being done by 
local colleges and universities to respond to local and state 
economic needs.
    Witnesses: The first panel included The Honorable Knox 
White, Mayor, Greenville, South Carolina; Mr. Werner 
Eikenbusch, Section Manager, Associate Development and 
Training, BMW Manufacturing Co., Spartanburg, South Carolina; 
Ms. Laura Harmon, Project Director, Greenville Works, 
Greenville, South Carolina; and Dr. Brenda Thames, Vice 
President of Academic Development, Greenville Health System, 
Greenville, South Carolina. The second panel included Mr. James 
F. Barker, President, Clemson University, Clemson, South 
Carolina; Dr. Thomas F. Moore, Chancellor, University of South 
Carolina Upstate, Spartanburg, South Carolina; Dr. Keith 
Miller, President, Greenville Technical College, Greenville, 
South Carolina; and Ms. Amy Hickman, President, ECPI College of 
Technology, Greenville, South Carolina.

October 4, 2011--``Modernizing the Workforce Investment Act: Developing 
        an Effective Job Training System for Workers and Employers'' 
        (Printed Hearing 112-41)

    The purpose of the hearing was to focus on the need to 
provide flexibility and autonomy to state and local leaders to 
ensure the system is meeting the needs of area businesses and 
job seekers.
    Witnesses: Ms. Kristen Cox, Executive Director, Utah 
Department of Workforce Services, Salt Lake City, Utah; Ms. 
Laurie Bouillion Larrea, President, Workforce Solutions Greater 
Dallas, Dallas, Texas; Mr. Jaime S. Fall, Vice President, 
Workforce and Talent Development Policy, HR Policy Association, 
Washington, DC; and Mr. Bruce G. Herman, Organizer and 
Strategist, National Call to Action, Brooklyn, New York.

October 25, 2011--``Government-Run Student Loans: Ensuring the Direct 
        Loan Program is Accountable to Students and Taxpayers'' 
        (Printed Hearing 112-45)

    The purpose of the hearing was to learn more about the U.S. 
Department of Education's and institutions' implementation of 
the Direct Loan (DL) program.
    Witnesses: Mr. James Runcie, Chief Operating Officer, 
Office of Federal Student Aid, U.S. Department of Education, 
Washington, DC; Mr. Ron Day, Director of Financial Aid, 
Kennesaw State University, Kennesaw, Georgia; Mr. Mark A. 
Bandre, Vice President for Enrollment Management and Student 
Affairs, Baker University, Baldwin City, Kansas; and Ms. Nancy 
Hoover, Director of Financial Aid, Denison University, 
Granville, Ohio.

November 30, 2011--``Keeping College within Reach: Discussing Ways 
        Institutions Can Streamline Costs and Reduce Tuition'' (Printed 
        Hearing 112-48)

    The purpose of the hearing was to examine the issue of 
rising college costs.
    Witnesses: Ms. Jane V. Wellman, Executive Director, Delta 
Project on Postsecondary Costs, Productivity, and 
Accountability, Washington, DC; Dr. Ronald E. Manahan, 
President, Grace College and Seminary, Winona Lake, Indiana; 
Mr. Tim Foster, President, Colorado Mesa University, Grand 
Junction, Colorado; and Mr. Jamie P. Merisotis, President and 
Chief Executive Officer, Lumina Foundation for Education, 
Indianapolis, Indiana.

         Subcommittee on Health, Employment, Labor and Pensions

    In the second quarter of the 112th Congress, the 
subcommittee held two hearings.

July 26, 2011--``Redefining `Fiduciary': Assessing the Impact of the 
        Labor Department's Proposal on Workers and Retirees'' (Printed 
        Hearing 112-34)

    The purpose of the hearing was to examine a proposed rule 
from the U.S. Department of Labor's Employee Benefits Security 
Administration amending its long-standing interpretation of the 
definition of ``fiduciary'' in the Employee Retirement Income 
Security Act of 1974.
    Witnesses: The first panel included The Honorable Phylllis 
Borzi, Assistant Secretary of Labor of the Employee Benefits 
Security Administration, Washington, DC. The second panel 
included Mr. Kenneth Bentsen, Jr., Executive Vice President, 
Public Policy and Advocacy at the Securities Industry and 
Financial Markets Association, Washington, D.C.; Mr. Kent 
Mason, Partner, Davis & Harman LLP, Washington, DC; Mr. Donald 
Myers, Partner, Morgan, Lewis & Bockius, LLP, Washington, D.C.; 
Mr. Jeffrey Tarbell, Director, Houlihan Lokey, San Francisco, 
California; and Mr. Norman Stein, Professor, Earle Mack School 
of Law, Drexel University, Philadelphia, Pennsylvania.

October 13, 2011--``Regulations, Costs, and Uncertainty in Employer 
        Provided Health Care'' (Printed Hearing 112-44)

    The purpose of this hearing was to examine a tri-agency 
regulation defining ``grandfathered'' health care plans under 
the Patient Protection and Affordable Care Act (PPACA).
    Witnesses: Ms. Grace-Marie Turner, President, Galen 
Institute, Alexandria, Virginia; Mr. Dennis Donahue, Managing 
Director, Wells Fargo Insurance Services USA, Inc., Chicago, 
Illinois, testifying on behalf of the Council of Insurance 
Agents and Brokers; Ms. Robyn Piper, Founder and President, 
Piper Jordan, San Diego, California; and Mr. Ron Pollack, 
Founding Executive Director, Families USA, Washington, DC.

                          OVERSIGHT ACTIVITIES


                             Correspondence

    In addition to the numerous hearings held by the committee 
to provide oversight of federal programs, the committee 
initiated the following correspondence in the first session of 
the 112th Congress consistent with its responsibility to 
evaluate the effectiveness and administration of federal laws 
under its jurisdiction.
    January 20, 2011--Letter to Comptroller General Gene 
Dodaro, U.S. Government Accountability Office (GAO), regarding 
a request for the GAO to report on Science, Technology, 
Engineering, and Math (STEM) education programs.
    January 31, 2011--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding the compliance of proposed 
gainful employment regulations with the Data Quality Act.
    February 1, 2011--Letter to Comptroller General Gene 
Dodaro, U.S. Government Accountability Office (GAO), regarding 
a GAO report prepared by the Forensic Audit & Special 
Investigations Unit.
    February 3, 2011--Letter to Comptroller General Gene 
Dodaro, U.S. Government Accountability Office (GAO), regarding 
a GAO report prepared by the Forensic Audit & Special 
Investigations Unit.
    March 3, 2011--Letter to Chairman Wilma Liebman, National 
Labor Relations Board (NLRB), regarding the NLRB budget.
    March 4, 2011--Letter to Chairman Wilma Liebman, National 
Labor Relations Board (NLRB), regarding NLRB advertisements.
    March 7, 2011--Letter to Assistant Secretary Joseph Main, 
Mine Safety and Health Administration, U.S. Department of 
Labor, regarding a request for production of the Office of 
Accountability documents.
    March 7, 2011--Letter to Chairman Wilma Liebman, National 
Labor Relations Board, regarding the Specialty Healthcare case.
    March 21, 2011--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding questions for the record 
following the hearing ``Policies and Priorities at the 
Department of Labor'' held on February 16, 2011.
    March 23, 2011--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding questions for the record 
following the hearing ``State of the American Workforce'' held 
on January 26, 2011.
    March 30, 2011--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding questions for the record 
following the hearing ``Budget and Policy Proposals of the U.S. 
Department of Education'' held on March 9, 2011.
    April 13, 2011--Letter to Secretary Tom Vilsack, U.S. 
Department of Agriculture, regarding the implementation of the 
Hunger Free Kids Act of 2010.
    April 14, 2011--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, Secretary Timothy Geithner, U.S. 
Department of the Treasury, and Mr. Douglas Shulman, 
Commissioner of the Internal Revenue Service, regarding the 
proposed regulation on the definition of fiduciary under the 
Employee Retirement Income Security Act.
    April 27, 2011--Letter to President Barack Obama regarding 
funding for U.S. Department of Education proposed regulations 
on gainful employment.
    May 5, 2011--Letter to Acting General Counsel Lafe Solomon, 
National Labor Relations Board, regarding the Boeing case.
    May 11, 2011--Letter to Chairman Wilma Liebman, National 
Labor Relations Board, regarding the Specialty Healthcare case.
    May 24, 2011--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding the notice of proposed 
rulemaking on the Family Education Rights and Privacy Act.
    June 3, 2011--Letter to Acting Inspector General Daniel 
Petrol, U.S. Department of Labor, regarding comprehensive 
review audits of the enforcement of safety and health 
regulations by the Mine Safety and Health Administration.
    June 6, 2011--Letter to Assistant Secretary Joseph Main, 
Mine Safety and Health Administration, U.S. Department of 
Labor, regarding the proposed rule on respirable coal dust.
    June 16, 2011--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding the Wage and Hour Division's 
attorney referral program with the American Bar Association.
    June 23, 2011--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding U.S. Department of Education 
waivers of the Elementary and Secondary Education Act 
requirements.
    July 8, 2011--Letter to Comptroller General Gene Dodaro, 
U.S. Government Accountability Office, regarding Federal 
Employees' Compensation Act data.
    July 8, 2011--Letter to Comptroller General Gene Dodaro, 
U.S. Government Accountability Office, regarding a request to 
review the Occupational Safety and Health Administration's 
enforcement of safety standards, in relation to state plan 
safety programs.
    July 8, 2011--Letter to Director John Howard, National 
Institute for Occupational Safety and Health, regarding request 
for methane gas study materials.
    July 22, 2011--Letter to Comptroller General Gene Dodaro, 
U.S. Government Accountability Office (GAO), regarding GAO 
study of regulatory burdens faced by schools.
    July 27, 2011--Letter to Assistant Secretary David 
Michaels, Occupational Safety and Health Administration, U.S. 
Department of Labor, regarding U.S. Department of Labor 
interactions with UNITE HERE.
    August 4, 2011--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding consultant contracts at the 
U.S. Department of Education.
    August 4, 2011--Letter to Acting Inspector General Daniel 
Petrol, U.S. Department of Labor, regarding additional 
information in connection with the June 17, 2011 letter.
    August 17, 2011--Letter to Assistant Secretary David 
Michaels, Occupational Safety and Health Administration, U.S. 
Department of Labor, regarding safety standards for 
telecommunications towers.
    August 18, 2011--Letter to Assistant Secretary David 
Michaels, Occupational Safety and Health Administration, U.S. 
Department of Labor, regarding suggested rulemaking on the 
silica standard.
    September 21, 2011--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding proposed rulemaking on the 
advice exception under the Labor-Management Reporting and 
Disclosure Act.
    September 30, 2011--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding the Wage and Hour Division's 
anticipated rulemaking entitled ``Right to Know Under the Fair 
Labor Standards Act.''
    October 7, 2011--Letter to Comptroller General Gene Dodaro, 
U.S. Government Accountability Office, regarding Race to the 
Top implementation.
    October 7, 2011--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding the anticipated rulemaking for 
the definition of companionship services under the regulation 
for the Fair Labor Standards Act.
    October 7, 2011--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding inappropriate release of the 
proposed gainful employment regulations.
    October 14, 2011--Letter to Chairman Mark Pearce, National 
Labor Relations Board, regarding a request for information on 
pending union election challenges.
    October 14, 2011--Letters to Offices within the U.S. 
Departments of Agriculture, Education, Health and Human 
Services, Interior, Justice, Labor, and the Environmental 
Protection Agency, in addition to other federal agencies, 
regarding oversight of activities (42 letters in total).
    Department of Agriculture:
     Under Secretary Kevin Concannon, Administration on 
Food, Nutrition, and Consumer Services
    Department of Education:
     Assistant Secretary Peter Cunningham, Office of 
Communications and Outreach
     Director John Easton, Institute of Education 
Sciences
     Assistant Secretary Russlynn Ali, Office of Civil 
Rights
     Acting Chief Financial Officer Thomas Skelly, 
Office of the Chief Financial Officer
     Principal Deputy Assistant Secretary Winona 
Varnon, Office of Management
     Chief Information Officer Danny Harris, Office of 
the Chief Information Officer
     Assistant Secretary Carmel Martin, Office of 
Planning, Evaluation, and Policy Development
     Director Karen Cator, Office of Education 
Technology
     Under Secretary Martha Kantor, Office of the Under 
Secretary
     Chief Operating Officer Jim Runcie, Office of 
Federal Student Aid
     Assistant Secretary Brenda Dann-Messier, Office of 
Vocational and Adult Education
     Assistant Secretary Eduardo Ochoa, Office of 
Postsecondary Education
     Director Brenda Girton-Mitchell, Center for Faith 
Based and Neighborhood Partnerships
     Director Maureen McLaughlin, Office of 
International Affairs
     Deputy Secretary Tony Miller, Office of the Deputy 
Secretary
     Assistant Deputy Secretary Jim Shelton, Office of 
Innovation and Improvement
     Assistant Secretary Alexa Posny, Office of Special 
Education and Rehabilitative Services
     Assistant Deputy Secretary Rosalinda Barrera, 
Office of English Language Acquisition
     Acting Assistant Secretary Michael Yudin, Office 
of Elementary and Secondary Education
     Commissioner Lynnae Ruttledge, Rehabilitation 
Services Administration
    Department of Health and Human Services:
     Acting Assistant Secretary George Sheldon, 
Administration on Children and Families
     Assistant Secretary Kathy Greenly, Administration 
on Aging
     Director Yvette Sanchez Fuentes, Office of Head 
Start
     Director Shannon L. Rudisill, Office of Child Care
     Director Alexia Kelley, Center for Faith-Based and 
Neighborhood Partnerships
    Department of the Interior:
     Assistant Secretary Larry Echo Hawk, Bureau of 
Indian Affairs
    Department of Justice:
     Acting Administrator Jeff Slowikowski, Office of 
Juvenile Justice and Delinquency Prevention
    Department of Labor:
     Assistant Secretary Jane Oates, Employment and 
Training Administration
     Director Rev. Phil Tom, Center for Faith Based and 
Neighborhood Partnerships
     Director Edna Primrose, Office of Job Corps
     Acting Assistant Secretary Junior Ortiz, Office of 
Veterans Employment and Training Service
    Environmental Protection Agency:
     Acting Director Lina Younes, Office of 
Environmental Education
    Institute of Museum and Library Sciences:
     Director Susan Hildreth, Office of the Director
    National Endowment for the Arts:
     Chairman Rocco Landesman, Office of the Chairman
     Acting Director/Arts Education Program Officer 
Daniel Beattie, Literature and Arts Education Division
     Acting Presenting Director, Acting 
Multidisciplinary Arts Team Leader Douglas Sonntag, 
Multidisciplinary Arts Division: Artists Communities/Folk and 
Traditional Arts/Presenting
     State and Regional Director, Partnership Team 
Leader Laura Scanlan, Partnership Division: Accessibility/
Challenge America/Local Arts Agencies/States
     Dance Director, Performing Arts Team Leader 
Douglas Sonntag, Performing Arts Division: Dance/Music/Opera/
Musical Theater/Theater
     Museums and Visual Arts Director, Visual Arts Team 
Leader Robert Frankel, Visual Arts Division: Design/Media Arts/
Museums/Visual Arts
    National Endowment for the Humanities:
     Chairman Jim Leach, Office of the Chairman
    The Corporation for National Community Service:
     Acting CEO Robert Velasco, II, Office of the Chief 
Executive Officer
    October 27, 2011--Letter to Secretary Arne Duncan, U.S. 
Secretary of Education, regarding proposals to alter federal 
student aid policies.
    October 27, 2011--Letter to Chairman Mark Pearce, National 
Labor Relations Board, regarding the June 22, 2011 proposed 
rule on union election procedures.
    October 31, 2011--Letter to Assistant Secretary Jane Oates, 
Employment Training Administration, U.S. Department of Labor, 
regarding questions for the record following the hearing 
``Workforce Challenges Facing the Agriculture Industry'' held 
on September 13, 2011.
    November 15, 2011--Letter to Secretary Arne Duncan, U.S. 
Department of Education, and Secretary Kathleen Sebelius, U.S. 
Department of Health and Human Services, regarding the Early 
Learning Challenge program.
    November 18, 2011--Letter to Assistant Secretary Phyllis 
Borzi, Employee Benefits Security Administration, U.S. 
Department of Labor, regarding the proposed rule to redefine 
fiduciary under the regulations for the Employee Retirement 
Income Security Act.
    November 18, 2011--Letter to Chairman Mark Pearce, National 
Labor Relations Board, regarding the June 22, 2011 proposed 
rule on union election procedures.
    November 30, 2011--Letter to Assistant Secretary Joseph 
Main, Mine Safety and Health Administration (MSHA), U.S. 
Department of Labor, regarding oversight of MSHA technical 
reports activities.

                             MINORITY VIEWS

                              INTRODUCTION

    Committee Democrats are committed to growing and 
strengthening America's middle class. As laid out in the 
Minority Views of the First Quarter Activities Report for the 
112th Congress, the jurisdiction of the Committee on Education 
and the Workforce provides numerous opportunities via oversight 
and legislative activity to pursue public policies that support 
the middle class and those who strive to join it. This means 
promoting job creation, improving all Americans' access to 
quality education, addressing the squeeze on Americans' incomes 
caused by stagnant wages and rising costs, providing security 
in health and retirement, ensuring equal opportunity for all, 
and protecting basic health and safety at school and work. 
Unfortunately, in the second quarter of this Congress, as in 
the first, the Committee's activities have instead largely 
focused on pushing a tired ideological agenda.

                     EDUCATION POLICY AND OVERSIGHT

    Committee Democrats believe that ensuring all students have 
access to a top-quality education, from early childhood to 
university, must be an absolute national priority. Providing 
all students with an education that prepares them to succeed in 
the 21st century global economy is critical to the long-term 
strength of our Nation.
    Early Education. Experts in fields as diverse as child 
development to military readiness agree that access to high 
quality early childhood education is critical to our Nation's 
future. Early childhood programs are fiscally responsible as 
they yield savings from improved child outcomes. Nevertheless, 
funding for programs like Head Start came under assault by 
House Republicans early in the session. Early childhood issues 
deserve the Committee's attention. Unfortunately, Committee 
Republicans have not held a single early childhood hearing this 
Congress.
    Elementary and Secondary Education. The intrinsic link 
between a good education system and a sound economy is why 
President Obama has called on Congress to reauthorize the 
Elementary and Secondary Education Act (ESEA) this year. 
Committee Democrats share the President's concern that the 
United States is falling further behind our economic peers in 
education. Since the beginning of this Congress, Committee 
Democrats have been calling for a bipartisan ESEA 
reauthorization bill that tackles our current education 
challenges and modernizes the system as a whole.
    Committee Democrats believe that ESEA reauthorization 
should set high standards and goals of college and career 
readiness and support a modern assessment system; maintain 
accountability for all students, including current subgroups, 
but through a richer index of measures that uses growth and 
graduation rates; provide states, districts, and schools with 
the flexibility to improve schools based on their student, 
school and community needs, including providing wraparound 
services; facilitate data-based decision making to support a 
performance-based system; ensure performance is transparent to 
parents and communities so that they can participate in their 
schools and support their success; and support a professional 
environment for teachers and school leaders and provide them 
with the information and resources necessary to succeed.
    ESEA reauthorization remains to be done. This quarter, the 
Committee moved a charter schools reform bill with bipartisan 
support. It also moved highly partisan legislation that 
eviscerates the very civil rights principles that drove 
creation of the first ESEA. H.R. 2445, reported out of the 
Committee with all Democrats voting in opposition, raids 
federal funding for disadvantaged and minority students and 
undermines federal efforts at ensuring equal opportunity in 
schools.
    History shows that reauthorization of ESEA requires 
bipartisanship. For the benefit of students, partisanship 
should be set aside, and Republicans and Democrats should do 
the hard work of hammering out a consensus on education reform. 
Unfortunately, at the end of this session, Committee 
Republicans have indicated that they have begun work on a 
partisan ESEA reauthorization bill, putting in peril any hopes 
of enacting desperately needed updates to the law this 
Congress.
    Higher Education. Ensuring access to an affordable college 
education is critical to a competitive 21st Century workforce 
and a critical responsibility of this Committee. The Majority's 
report underscores how little attention was paid in this 
quarter to examining the real obstacles students seeking a 
college degree face and the federal student aid programs that 
support students. But for a hearing on the high-cost of college 
and another on the successful transition to the Direct Lending 
program, the Majority choose to repackage anti-regulation 
hearings from the first six months of this Congress and yield 
policy choices impacting Pell Grant eligibility to 
appropriators in the eleventh hour. The Pell Grant is the 
cornerstone of federal student aid and this Committee chose not 
to hold a single hearing exploring ways to maintain its fullest 
availability. In light of the changes appropriators made to 
this important program, this Committee must monitor the impact 
of these choices very carefully over the next year.
    Child Nutrition. One in three children is overweight or 
obese, putting them at greater risk of developing other serious 
health problems. In the 111th Congress, an enacted, bipartisan 
child nutrition reauthorization established a timeline for the 
United States Department of Agriculture (USDA) to issue 
regulations for providing healthier meals to students in 
school. USDA has already begun this deliberative, science-based 
process. Unfortunately, the Republican Majority in the House 
included a provision in the House Agriculture Appropriations 
Bill to roll back USDA's efforts to improve the quality of 
school meals for students. A version of this provision was 
later included in the Consolidated and Further Continuing 
Appropriations Act, 2012 (H.R. 2112, P.L. 112-55), which was 
signed into law on November 18, 2011. The final bill allows 
politics and powerful lobby groups to win over sound science. 
The law blocks USDA from limiting starchy vegetables to two 
servings a week (the rule was intended to cut down on french 
fries, which some schools serve daily); allows USDA to count 
two tablespoons of tomato paste as a vegetable, which means 
that pizza could be considered a vegetable; and requires 
further study on long-term sodium reduction requirements set 
forth by the USDA guidelines. Committee Democrats strongly 
oppose these provisions and remain committed to ending the 
obesity crisis to help children succeed in school and live 
healthier lives.
    Child Safety. Republican Committee activities' lack of 
attention to child safety issues is concerning. These issues 
demand Committee action.
    For example, potential weaknesses in laws designed to keep 
children safe have come to light in the wake of the alleged 
sexual crimes committed on the campuses of the Pennsylvania 
State University and the Citadel. Democrats called on Committee 
Republicans to hold a hearing to evaluate any inherent 
weaknesses, inconsistencies, or inadequate implementation of 
Section 485(f) of Title IV of the Higher Education Act of 1965, 
also known as the Jeanne Clery Disclosure of Campus Security 
Policy and Campus Crime Statistics Act (the Clery Act), and the 
Child Abuse Prevention and Treatment Act that may put children 
at risk of harm. But no hearing has been scheduled.
    Following investigations and oversight work conducted in 
previous Congresses, Democrats have introduced bills that have 
received bipartisan support to address child abuse issues in 
teen residential programs and in school settings. The Stop 
Child Abuse in Residential Programs for Teens Act passed the 
U.S. House of Representatives twice with bipartisan support in 
the 110th and 111th Congresses. The legislation was 
reintroduced in this Congress earlier this year. The Keeping 
All Students Safe Act, which establishes minimum safety 
standards on seclusion and restraint of students in schools, 
was also introduced this year. No Committee action has been 
taken on either bill or the underlying issues. Every day of 
inaction puts more children in harm's way.
    Concussions among student athletes are an alarmingly common 
problem that demands immediate attention. Committee Democrats 
reintroduced the Protecting Student Athletes from Concussion 
Act, which sets minimum safety standards for concussion 
management in public schools. Despite ample bipartisan support 
for similar legislation across States and communities, 
Committee Republicans have failed to take action.

                       LABOR POLICY AND OVERSIGHT

    Labor-related hearings and markups called by Committee 
Republicans largely focused on ways to undo laws and rules that 
protect workers and ignored positive legislative solutions that 
would create and restore good-paying jobs for the American 
middle class. Save for a bipartisan bill to update benefits and 
implement program integrity measures under the Federal 
Employees Compensation Act, labor bills moved by the Committee 
Republicans aimed to roll back workers' rights. Despite 
requests from Committee Democrats, the Committee held no 
hearings on legislation to create jobs, such as President 
Obama's American Jobs Act. The jobs crisis for approximately 24 
million unemployed and underemployed Americans has simply gone 
unaddressed by the Committee.
    National Labor Relations Board (NLRB). In lieu of focusing 
on the jobs crisis, Committee Republicans spent a significant 
amount of the Committee's time on issues related to the NLRB. 
Over the past year, Committee Republicans have made repeated 
attacks against the NLRB, a small independent agency that 
administers and enforces the National Labor Relations Act 
(NLRA) and the rights of workers to organize and collectively 
bargain. The exercise and the enforcement of those rights 
appear to be the target of a wide-ranging campaign against 
labor unions on Capitol Hill and in certain statehouses.
    During the first quarter of 112th Congress, hearings were 
held to accuse the NLRB of bias and to question the exercise of 
workers' First Amendment rights in campaigns to win better 
wages and working conditions. These hearings came in the 
context of attempts to cut or eliminate entirely the funding 
for the NLRB in the year's first appropriations bill.
    The second quarter has been little different. A July 7 
hearing attacked a proposed NLRB rule to modernize the union 
election rules by reducing avoidable delays. Such delays are an 
essential part of the business model used by anti-union 
consultants to frustrate workers' hopes of having a vote. 
Delays buy more time to engage in both lawful and unlawful 
anti-union campaigning. A September 22 hearing attacked three 
NLRB decisions in August. Two of these reversed Bush-era Board 
decisions from 2002 and 2007 that had upended decades of 
precedent which had promoted stability in collective bargaining 
relationships. A third case involved the application of a 
traditional community-of-interest standard to bargaining unit 
determinations in non-acute health care facilities. Though the 
decisions were well within the mainstream of NLRB 
jurisprudence, they were held up as examples of the NLRB being 
out of control and requiring congressional intervention.
    The Committee Republicans moved two bills to significantly 
undermine workers' rights to organize and collectively bargain. 
The first, H.R. 2587, would eliminate the NLRB's authority to 
order an employer to restore jobs and production when an 
employer unlawfully retaliates against employees for exercising 
their NLRA rights. Effectively, it would make outsourcing jobs 
to overseas locations easier. The bill passed the House in a 
very partisan vote with no further action this quarter. The 
second, H.R. 3094, would operate to delay and ultimately 
prevent union elections, incentivizing frivolous litigation for 
that purpose and empowering employers to gerrymander bargaining 
units as a way to avoid triggering an election altogether. This 
bill also passed the House in a very partisan vote with no 
further action this quarter.
    Protecting workers' rights helped build America's middle 
class. Attacks on these rights and the agency that enforces 
them only weakens prospects for a fair and sustainable recovery 
with good jobs for all. Committee Democrats will continue to 
fight for American workers' rights and jobs.
    Mine Safety and Health Administration (MSHA). On April 5, 
2010, a massive explosion ripped through Massey's Upper Big 
Branch (UBB) mine in Montcoal, West Virginia, killing 29 miners 
and injuring two in the worst coal mine accident in our country 
in nearly 40 years. Despite repeated testimony before this 
Committee by the Assistant Secretary of Labor for Mine Safety 
asking for reform legislation that would give MSHA additional 
tools to protect miners, Committee Republicans have stated that 
they need to wait for investigation reports to be completed 
before considering reforms.
    Multiple major investigative reports have now been issued 
by the West Virginia Governor's Independent Investigation 
Panel, MSHA, and the United Mine Workers of America. The 
reports point to a mine operator that put production over 
safety time and time again. Miners were intimidated from 
speaking out. MSHA inspections were frustrated by a company 
practice of providing advance notice of an inspector's visit. 
The corporate culture tolerated safety violations that put 
miners at risk. Not only did the operators of the Upper Big 
Branch mine repeatedly violate the Mine Act, their ``practices 
and procedures encouraged non-compliance,'' according to MSHA's 
most recent report on the incident. And, importantly, the 
reports called for statutory reforms to better protect miners.
    On April 15, 2011, Democrats introduced the Robert C. Byrd 
Mine Safety Protection Act (H.R. 1579), which includes 10 
legislative recommendations made by the Governor's Panel and 
the Inspector General. To date, Committee Republicans have not 
acted on this bill, the calls from investigators for statutory 
reform, or MSHA's request for new enforcement tools to help 
protect miners from unsafe operators.
    Occupational Safety and Health Administration (OSHA). Based 
on preliminary data, in 2010, 4,547 workers were killed from 
traumatic injuries and there were 3.9 million occupational 
injuries with between $159 to $318 billion in direct and 
indirect costs for disabling injuries. Rather than enacting 
pro-worker safety laws that would require employers to promptly 
abate violations, expand coverage for state and local 
government workers, provide for modern whistleblower 
protections or speed the adoption of standards to prevent 
combustible dust explosions, Committee Republicans have urged 
OSHA to roll back agency work on proposed standards to prevent 
silicosis, attacked OSHA proposals to improve recordkeeping of 
the estimated 962,000 musculoskeletal injuries each year, and 
called on OSHA to postpone enforcement of OSHA rules that would 
improve safety protections against fatal falls in residential 
roofing and repair.
    Committee Democrats believe that job safety laws need to be 
strengthened. To bring the Occupational Safety and Health Act 
of 1970 (OSHAct) into the 21st century, Democrats have 
introduced the Protecting America's Workers Act (H.R. 190). To 
implement a key recommendation from the National Commission on 
the Deepwater Horizon Oil Spill and Offshore Drilling, 
Democrats introduced the Offshore Oil and Gas Worker 
Whistleblower Protection Act (H.R. 503). To speed the adoption 
of regulations needed to prevent combustible dust explosions 
and fires, Democrats introduced the Worker Protections Against 
Combustible Dust Explosions and Fires Act of 2011 (H.R. 522). 
To better protect workers from recognized hazards, Committee 
Democrats have asked the Government Accountability Office (GAO) 
to identify the roadblocks to timely issuance of OSHA health 
and safety standards. To assess the fiscal impacts on state 
OSHA plans from state and federal budget cuts, Committee 
Democrats have asked GAO to assess whether budget cuts could 
cause some state plans to cede jurisdiction over private sector 
workplaces back to federal OSHA because they cannot maintain 
minimum staffing levels or satisfy federal performance 
benchmarks.
    Job Training. With 6 million Americans out of work for at 
least six months, millions of Americans need access to 
education and training to get a job. After an initial House 
Republican proposal at the start of the 112th Congress to 
effectively zero out federal funding for worker training, 
Committee Republicans called a number of general hearings on 
the topic in certain congressional districts and in Washington, 
D.C. Witness testimony, however, demonstrated the need for 
federal involvement in the nation's workforce investment 
programs. One witness explained that federal ``funding was 
absolutely critical to our region's ability to expand and 
improve vital workforce services at the most critical moment in 
decades.'' Another witness suggested that if funding for the 
Workforce Investment Act were drastically reduced or 
eliminated, ``the desperation in our communities would 
heighten.'' These warnings should be heeded. Committee 
Republicans, however, have supported proposals that would make 
major funding and program cuts to job training.
    Committee Democrats believe in strengthening workforce 
investment so that workers have the skills needed for the jobs 
of today's changing economy. The Committee needs to reauthorize 
the Workforce Investment Act, to modernize the workforce 
investment system and align it more effectively with the labor 
market, so that both employers' needs for qualified workers and 
workers' needs for good-paying jobs can be met.
    Health Care. Despite Republican efforts to undo the 
Affordable Care Act (ACA), the Committee heard from many 
witnesses this Congress who testified in support of the law and 
its benefits for millions of Americans. Not only has the law 
started to improve the health care benefits of American 
families, the law has spurred desperately needed job growth 
within our economy. According to the Bureau of Labor 
Statistics, more than 500,000 jobs have been created in the 
health care and social assistance sector since the passage of 
the ACA in March 2010. Additionally, the Bureau of Labor 
Statistics projects that nearly 4 million jobs will be added to 
the health care and social assistance sector between 2008 and 
2018.
    The ACA protects American families against some of the 
worst abuses of the health insurance industry such as the 
retroactive rescission of coverage when an enrollee becomes 
sick and lifetime limits on coverage. The law also ensures that 
Americans are actually receiving value for their premium 
dollars and requires rebates of premiums if they exceed federal 
caps for padding health insurer profits instead of paying for 
needed medical care. Over 2.5 million additional young adults 
between the ages of 19 and 25 have already gained health 
insurance coverage as a result of the ACA's expanded access to 
dependent coverage.
    Despite these benefits, the Committee Republicans continued 
to focus on re-litigating past fights rather than working to 
ensure that all American have access to quality, affordable 
health care. Committee Democrats believe we must continue to 
oversee and promote the continued implementation of the ACA to 
ensure that American families have increased access to 
affordable, quality health care coverage.
    Retirement Security. Surveys show that after the economy 
and jobs, Americans are worried about their retirement 
security. Over half of Americans do not believe they will have 
adequate income to retire and instead believe they will have to 
work throughout their senior years. The shift from defined 
benefit pensions to 401(k) type savings accounts that do not 
guarantee a pension has further exacerbated workers' retirement 
insecurity. Over half of workers have less than $32,000 in 
retirement savings. Workers who are sacrificing to save for 
retirement are faced with an array of investment products and 
may need education and advice on how best to protect their 
assets. Federal pension law has always made clear that 
retirement advice must be in the workers' interest, but 
Department of Labor regulations included numerous exemptions 
from the statute. The Department is undertaking an effort to 
modernize its protections to prevent conflicts of interest and 
assure that investment recommendations are in the worker's best 
interest. The Majority held a hearing to question changes to 
existing financial services industry practices. The Department 
agreed to re-consider its proposed changes to protect workers 
retirement savings from conflicts of interest. Committee 
Democrats support strong protections for workers' retirement 
savings and urge the Committee to take additional steps to 
expand workers' access to adequate retirement income.
    On the oversight front, spurred by a multi-year effort by 
Committee Democrats to investigate the handling of United 
Airlines' 2004 and 2005 pension plan terminations, the largest 
terminations in history, the Inspector General of the Pension 
Benefit Guaranty Corporation (PBGC) issued a report in December 
finding widespread mismanagement of plan terminations at the 
agency stretching back many years, affecting not just United, 
but also other terminated pension plan valuations. The PBGC has 
committed to rectifying its errors, and Ranking Member Miller 
intends to closely monitor the PBGC's efforts to ensure that 
workers and retirees receive the accurate and maximum benefits 
owed to them under the law.
    Employment Standards--Wage and Hour Protection. The Fair 
Labor Standards Act (FLSA) is the nation's key law governing 
wages and hours of work. It establishes the federal minimum 
wage, sets standards for when employers must pay overtime, and 
prohibits many forms of child labor. The FLSA is as relevant 
today as when it was originally enacted during the Great 
Depression in 1938. The law continues to encourage job creation 
and protects a worker's right to a fair day's pay for a fair 
day's work.
    Effective enforcement of this law is critical to a fair 
economy. In the last Congress, Committee Democrats shone a 
light on fundamental failures at the Department of Labor to 
properly handle and pursue workers' complaints. In this recent 
quarter of the 112th Congress, however, Committee Republicans 
have questioned whether the law should be as enforced as it is. 
Despite the magnitude of problems like wage theft and 
misclassification confronting workers, Committee Republicans 
took issue with even minor initiatives for improving 
enforcement at the Department of Labor, such as the Bridge to 
Justice Program, the Wage and Hour Division's partnership with 
the American Bar Association to provide workers with access to 
an attorney referral service for wage claims the Division is 
unable to pursue.
    Committee Democrats will continue to explore legislative 
solutions to the problems of wage theft and misclassification 
and urge the Committee to ensure that the Department of Labor 
has adequate resources and effective processes in place to 
enforce existing wage and hour protections.
    Committee Democrats are also committed to ensuring 
government expenditures are not used to drive down workers' 
wages. The Davis-Bacon Act, Service Contract Act, and federal 
project labor agreements are critical protections for 
construction and service workers on federal projects. However, 
Committee Republicans have expressed concern over the Davis 
Bacon prevailing wage determination process. Committee 
Republicans held a hearing examining the Department of Labor's 
wage methodology, pointing to a Government Accountability 
Office (GAO) report that found issues with the wage methodology 
process. However, this report did not conclude that Davis Bacon 
prevailing wage rates drive up the cost of federal construction 
projects or inhibit job growth. Committee Democrats are 
encouraged by the Department of Labor's recent efforts to 
improve wage survey methodology for Davis-Bacon and will 
continue to monitor those efforts. In the meantime, House 
Republicans have repeatedly attempted to roll back prevailing 
wage laws altogether in the 112th Congress. Those attempts to 
undercut workers' wages have been unsuccessful.

                                   George Miller.
                                   Dale E. Kildee.
                                   Robert E. Andrews.
                                   Lynn C. Woolsey.
                                   Carolyn McCarthy.
                                   Dennis J. Kucinich.
                                   Susan A. Davis.
                                   Timothy H. Bishop.
                                   Mazie K. Hirono.
                                   Donald M. Payne.
                                   Robert C. Scott.
                                   Ruben Hinojosa.
                                   John F. Tierney.
                                   Rush Holt.
                                   Raul M. Grijalva.
                                   Dave Loebsack.

                                  
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