[House Report 112-569]
[From the U.S. Government Publishing Office]


112th Congress 
 2d Session             HOUSE OF REPRESENTATIVES                 Report
                                                                112-569
_______________________________________________________________________

                                     

                                                 Union Calendar No. 409

 
                        REPORT ON THE ACTIVITIES
                                 OF THE
                       COMMITTEE ON EDUCATION AND
                             THE WORKFORCE

                             together with

                             MINORITY VIEWS

                  THIRD QUARTER OF THE 112th CONGRESS

                                     


                                     

 June 29, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed


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                COMMITTEE ON EDUCATION AND THE WORKFORCE

                    JOHN KLINE, Minnesota, Chairman

Thomas E. Petri, Wisconsin           George Miller, California,
Howard P. ``Buck'' McKeon,             Senior Democratic Member
    California                       Dale E. Kildee, Michigan
Judy Biggert, Illinois               Robert E. Andrews, New Jersey
Todd Russell Platts, Pennsylvania    Robert C. ``Bobby'' Scott, 
Joe Wilson, South Carolina               Virginia
Virginia Foxx, North Carolina        Lynn C. Woolsey, California
Bob Goodlatte, Virginia              Ruben Hinojosa, Texas
Duncan Hunter, California            Carolyn McCarthy, New York
David P. Roe, Tennessee              John F. Tierney, Massachusetts
Glenn Thompson, Pennsylvania         Dennis J. Kucinich, Ohio
Tim Walberg, Michigan                Rush D. Holt, New Jersey
Scott DesJarlais, Tennessee          Susan A. Davis, California
Richard L. Hanna, New York           Raul M. Grijalva, Arizona
Todd Rokita, Indiana                 Timothy H. Bishop, New York
Larry Bucshon, Indiana               David Loebsack, Iowa
Trey Gowdy, South Carolina           Mazie K. Hirono, Hawaii
Lou Barletta, Pennsylvania           Jason Altmire, Pennsylvania
Kristi L. Noem, South Dakota         Marcia L. Fudge, Ohio
Martha Roby, Alabama
Joseph J. Heck, Nevada
Dennis A. 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 (D-PA) rejoined the Committee on 
Education and the Workforce on September 12, 2011. Representative 
Donald M. Payne (D-NJ) passed away on March 6, 2012. Representative 
Marcia L. Fudge (D-OH) was appointed to the Committee on Education and 
the Workforce on March 20, 2012.
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 HUNTER, California, Chairman

John Kline, Minnesota                Dale E. Kildee, Michigan
Thomas E. Petri, Wisconsin             Ranking Member
Judy Biggert, Illinois               Robert C. ``Bobby'' Scott, 
Todd Russell Platts, Pennsylvania        Virginia
Virginia Foxx, North Carolina        Carolyn McCarthy, New York
Bob Goodlatte, Virginia              Rush D. Holt, New Jersey
Richard L. Hanna, New York           Susan A. Davis, California
Lou Barletta, Pennsylvania           Raul M. Grijalva, Arizona
Kristi L. Noem, South Dakota         Mazie K. Hirono, Hawaii
Martha Roby, Alabama                 Lynn C. Woolsey, California
Mike Kelly, Pennsylvania             Marcia L. Fudge, Ohio
                                     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 C. Woolsey, California,
Bob Goodlatte, Virginia                Ranking Member
Todd Rokita, Indiana                 Dennis J. Kucinich, Ohio
Larry Bucshon, Indiana               Timothy H. Bishop, New York
Trey Gowdy, South Carolina           Mazie K. Hirono, Hawaii
Kristi L. Noem, South Dakota         George Miller, California
Dennis A. Ross, Florida              Marcia L. Fudge, Ohio
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 H. Bishop, New York
Judy Biggert, Illinois               Robert E. Andrews, New Jersey
Todd Russell Platts, Pennsylvania    Susan A. Davis, California
David P. Roe, Tennessee              Raul M. Grijalva, Arizona
Glenn Thompson, Pennsylvania         David Loebsack, Iowa
Richard L. Hanna, New York           George Miller, California
Larry Bucshon, Indiana               Jason Altmire, Pennsylvania
Lou Barletta, Pennsylvania
Joseph J. 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

                   DAVID P. ROE, Tennessee, Chairman

Joe Wilson, South Carolina           Robert E. Andrews, New Jersey
Glenn Thompson, Pennsylvania           Ranking Member
Tim Walberg, Michigan                Dennis J. Kucinich, Ohio
Scott DesJarlais, Tennessee          David Loebsack, Iowa
Richard L. Hanna, New York           Dale E. Kildee, Michigan
Todd Rokita, Indiana                 Ruben Hinojosa, Texas
Larry Bucshon, Indiana               Carolyn McCarthy, New York
Lou Barletta, Pennsylvania           John F. Tierney, Massachusetts
Kristi L. Noem, South Dakota         Rush D. Holt, New Jersey
Martha Roby, Alabama                 Robert C. ``Bobby'' Scott, 
Joseph J. Heck, Nevada                   Virginia
Dennis A. Ross, Florida              Jason Altmire, Pennsylvania
John Kline, Minnesota (ex officio)   George Miller, California (ex 
                                         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

                              ----------                              

                  Committee on Education and the Workforce,
                                     Washington, DC, June 29, 2012.
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 Report on the Activities of the Committee on 
Education and the Workforce for the Third Quarter of the 112th 
Congress.
    This report was adopted in a full committee markup session, 
with a quorum present, on June 27, 2012. I circulated this 
report to all members on June 27, 2011, and received minority 
views, which are included in this report.
    This report summarizes the activities of the Committee 
during the Third Quarter of the 112th Session 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:
    Full Committee:
        Hearings.................................................     3
        Markups..................................................     5
        Floor....................................................     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......     7
    Oversight....................................................     9
Minority Views...................................................    13

                              INTRODUCTION

    Since the beginning of the 112th Congress, the U.S. House 
Committee on Education and the Workforce has been diligently 
working to address the challenges facing America's schools, 
students, employers, and families.
    One of the committee's top priorities is advancing 
legislation to help ensure all students have access to the 
tools, training, and education opportunities necessary for 
success in any endeavor. After months of bipartisan discussions 
and countless meetings with state and local leaders and 
education stakeholders, the committee approved in February two 
pieces of legislation to revamp K-12 education law (currently 
known as No Child Left Behind). The Student Success Act (H.R. 
3989) and the Encouraging Innovation and Effective Teachers Act 
(H.R. 3990) aim to shrink federal intrusion, support better 
teachers in the classroom, and return responsibility for 
student progress to states and school districts. With these 
bills, the committee has taken another step toward lifting the 
burden of an ineffective law and raising the bar on student 
achievement.
    The committee continues to closely monitor and conduct 
oversight on issues affecting postsecondary students and 
institutions, such as federal regulations and initiatives that 
could make it more difficult for colleges to offer a quality 
education at an affordable price. Addressing the challenge of 
rising college costs merits thoughtful discussion among leaders 
in Washington, state officials, and members of the higher 
education community. Students and their families need real 
solutions--not empty promises and short-term initiatives that 
kick the can down the road. Toward that end, the committee 
supported the Interest Rate Reduction Act (H.R. 4682), 
legislation to prevent a scheduled interest rate increase on 
subsidized Stafford Loans, and is exploring opportunities to 
help align student loan interest rates more closely with the 
free market. Additionally, the committee is working to 
eliminate burdensome federal mandates and protect choice and 
opportunities in higher education.
    Improving and strengthening job training opportunities for 
American workers is another top priority for committee leaders. 
Particularly in these times of persistently high unemployment, 
a strong workforce investment system is critical. The committee 
recently approved legislation to reauthorize the Workforce 
Investment Act and make the nation's job training system 
leaner, more accountable, and better aligned with the needs of 
job creators. The Workforce Investment Improvement Act (H.R. 
4297) advances responsible changes to federal job training 
assistance by eliminating dozens of ineffective and redundant 
programs, strengthening the role of employers in workforce 
development decisions, and promoting new tools and initiatives 
that will help put more Americans back to work.
    In addition to ensuring workers have opportunities to gain 
the skills necessary to fill in-demand jobs, the committee is 
also fighting to protect employers from the radical policies 
advanced by the National Labor Relations Board. For three 
years, the Obama labor board has been wreaking havoc on 
America's workplaces, despite concerns raised by workers and 
job creators. The committee remains determined to protect 
employee and employer rights under the National Labor Relations 
Act and ensure union transparency and democracy. The committee 
has previously advanced legislation designed to rein in the 
NLRB's activist agenda and reaffirm key workforce protections 
that have been in place for decades, and remains determined to 
hold the board accountable for its job-destroying actions.
    As one of three committees with jurisdiction over health 
care, the House Committee on Education and the Workforce 
continues to examine the effects of the 2010 Patient Protection 
and Affordable Care Act on job creators and workers. Today, 
approximately 170 million individuals receive health insurance 
through an employer. As a result, job creators play a critical 
role in America's health care system and are especially 
vulnerable to any change that increases the costs or regulatory 
burden of providing health insurance. Democrats promised a 
government takeover of health care would create jobs, lower 
costs, and provide relief to small businesses. However, the 
resulting law contains new mandates, regulations, and tax 
increases that fall especially hard on employers at a time they 
can least afford it. The committee will continue to support 
commonsense proposals that remove the law's harmful 
consequences whenever possible.
    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. As the national debt passes historic 
levels, the committee is determined to ensuring agencies spend 
taxpayer dollars wisely. The committee will also continue to 
lead aggressive oversight in the areas under our jurisdiction, 
including policies administered by the U.S. Departments of 
Labor, Education, Agriculture, and Health and Human Services.
    The committee continues to examine the policies and 
programs within its jurisdiction 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 third quarter of the 112th Congress, the full 
committee held eight hearings, two of which were legislative 
hearings.

February 1, 2012--``Expanding Opportunities for Job Creation'' (Printed 
        Hearing 112-49)

    The purpose of the hearing was to provide a broad overview 
of issues influencing workers and job creation.
    Witnesses: The Honorable Rick Snyder, Governor, State of 
Michigan, Lansing, Michigan and The Honorable Dannel ``Dan'' 
Malloy, Governor, State of Connecticut, Hartford, Connecticut. 
The witnesses before the second panel included Ms. Kellie 
Johnson, President, ACE Clearwater Industries, Torrance, 
California; Dr. Jared Bernstein, Senior Fellow, Center on 
Budget and Policy Priorities, Washington, D.C.; and Dr. Matthew 
Mitchell, Senior Research Fellow for Economics, The Mercatus 
Center at George Mason University, Arlington, Virginia.

February 7, 2012--``The NLRB Recess Appointments: Implications for 
        America's Workers and Employers'' (Printed Hearing 112-51)

    The purpose of the hearing was to examine the 
constitutionality and substantive consequences of President 
Obama's recent recess appointments of two Democrats (Sharon 
Block and Richard Griffin) and one Republican (Terence Flynn) 
to the National Labor Relations Board (NLRB or Board) while the 
Senate was regularly meeting in pro forma session.
    Witnesses: Mr. Charles J. Cooper, Chairman, Cooper & Kirk, 
PLLC, Washington, D.C.; Mr. Dennis M. Devaney, Member, Devaney, 
Jacob, Wilson, PLLC, Troy, Michigan; Ms. Susan Davis, Partner, 
Cohen, Weiss and Simon LLP, New York, New York; and Mr. Stefan 
J. Marculewicz, Shareholder, Littler Mendelson P.C., 
Washington, D.C.

February 16, 2012--H.R. 3989, ``Student Success Act'' and H.R. 3990, 
        ``Encouraging Innovation and Effective Teachers Act'' (Printed 
        Hearing 112-52)

    The purpose of the hearing was to examine H.R. 3989, the 
Student Success Act, and H.R. 3990, the Encouraging Innovation 
and Effective Teachers Act. The legislation strengthens state 
and local authority and supports effective teachers in the 
classroom.
    Witnesses: Mr. Tom Luna, Superintendent of Public 
Instruction, Idaho Department of Education, Boise, Idaho; Ms. 
Delia Pompa, Senior Vice President of Programs, National 
Council of La Raza, Washington, D.C.; The Honorable Bob 
Schaffer, Chairman, Colorado State Board of Education, Fort 
Collins, Colorado; Dr. Robert Balfanz, Co-Director, Everyone 
Graduates Center School of Education, Johns Hopkins University, 
Baltimore, Maryland; Ms. Felicia Kazmier, Art Teacher, Otero 
Elementary School, Colorado Springs, Colorado; and Mr. Jimmy 
Cunningham, Superintendent of Schools, Hampton School District, 
Hampton, Arkansas.

March 21, 2012--``Reviewing the President's Fiscal Year 2013 Budget 
        Proposal for the U.S. Department of Labor'' (Printed Hearing 
        112-55)

    The purpose of the hearing was to examine the Department of 
Labor's budget request for Fiscal Year 2013 and discuss the 
administration's plans regarding jobs and unemployment.
    Witness: The Honorable Hilda L. Solis, Secretary, United 
States Department of Labor, Washington, D.C.

March 27, 2012--``Learning from the Upper Big Branch Tragedy'' (Printed 
        Hearing 112-56)

    The purpose of the hearing was to examine the findings 
related to the Upper Big Branch tragedy.
    Witnesses: The Honorable Joseph A. Main, Assistant 
Secretary, Mine Safety and Health Administration, United States 
Department of Labor, Arlington, Virginia. The second panel of 
witnesses included Mr. Howard Shapiro, Counsel to the Inspector 
General, United States Department of Labor, Washington, D.C.; 
Mr. Cecil Edward Roberts, Jr., President, United Mine Workers 
of America, Triangle, Virginia; and Dr. Jeffery Kohler, 
Director, Office of Mine Safety and Health Research, National 
Institute for Occupational Safety and Health, Pittsburgh, 
Pennsylvania.

March 28, 2012--``Reviewing the President's Fiscal Year 2013 Budget 
        Proposal for the U.S. Department of Education'' (Printed 
        Hearing 112-57)

    The purpose of the hearing was to examine the Department of 
Education's budget request for Fiscal Year 2013.
    Witness: The Honorable Arne Duncan, Secretary, United 
States Department of Education, Washington, D.C.

April 17, 2012--H.R. 4297, ``Workforce Investment Improvement Act of 
        2012'' (Printed Hearing 112-58)

    The purpose of the hearing was to examine H.R. 4297, the 
Workforce Investment Improvement Act. The legislation 
reauthorizes the Workforce Investment Act of 1998, improving 
the nation's primary assistance for unemployed and 
underemployed workers.
    Witnesses: Ms. Norma Noble, Deputy Secretary of Commerce 
for Workplace Development, Workforce Solutions, Oklahoma City, 
Oklahoma; Ms. Laurie Moran, President, Danville Pittsylvania 
County Chamber of Commerce, Blairs, Virginia; Mr. Andy Van 
Kleunen, Executive Director, National Skills Coalition, 
Washington, D.C.; and Ms. Sandy Harmsen, Director, San 
Bernardino County Department of Workforce Development, San 
Bernardino, California.

April 26, 2012--``Reviewing the President's Fiscal Year 2013 Budget 
        Proposal for the U.S. Department of Health and Human Services'' 
        (Printed Hearing 112-60)

    The purpose of this hearing was to examine the Department 
of Health and Human Services' budget request for Fiscal Year 
2013.
    Witness: The Honorable Kathleen Sebelius, Secretary, United 
States Department of Health and Human Services, Washington, 
D.C.

                                MARKUPS

                  (LINKS ARE TO THE COMMITTEE WEBSITE)

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

February 28, 2012--H.R. 3989, ``Student Success Act'' (Sponsor: John 
        Kline)

    The bill offers a better way forward for education reform 
by returning responsibility for student achievement to states, 
school districts, and parents while maintaining high 
expectations; providing states and school districts greater 
flexibility to meet students' unique needs; investing limited 
taxpayer dollars wisely; strengthening programs for schools and 
targeted populations; and maintaining and strengthening long-
standing protections for state and local autonomy. The bill was 
ordered favorably reported, as amended, to the House by a vote 
of 23-16, and the committee report was filed April 27, 2012 
(House Report 112-458).

February 28, 2012--H.R. 3990, ``Encouraging Innovation and Effective 
        Teachers Act'' (Sponsor: John Kline)

    The bill offers a better way forward for education reform 
by providing information to parents on teacher effectiveness, 
promoting school choice and engaging parents in their child's 
education, increasing state and local innovation to reform 
public education, eliminating unnecessary and ineffective 
federal programs, supporting Impact Aid, providing services for 
homeless students, and strengthening the existing Troops-to-
Teachers program. The bill was ordered favorably reported, as 
amended, to the House by a vote of 23-16, and the committee 
report was filed on April 27, 2012 (House Report 112-459, Part 
1).

June 7, 2012--H.R. 4297, ``Workforce Investment Improvement Act of 
        2012'' (Sponsor: Virginia Foxx)

    The bill reauthorizes the Workforce Investment Act of 1998. 
The legislation improves employer engagement by creating a 
demand-driven workforce development system, reining in 
bureaucracy by removing overly burdensome federal mandates on 
state and local workforce investment boards, and providing 
America's workers with a more dynamic, flexible, and effective 
network of job training services that are designed to meet the 
needs of in-demand industries at the local level. The bill was 
ordered favorably reported, as amended, to the House by a vote 
of 23-15.

July 27, 2012--Report of the Activities of the Committee on Education 
        and the Workforce for the Third Quarter of the 112th Congress.

    The Activities Report summarizes the legislative and 
oversight activities of the committee for the third quarter of 
the 112th Congress. The Activities Report was ordered favorably 
reported to the House by a voice vote.

                                 FLOOR

                  (LINKS ARE TO THE HOUSE PASSED BILL)

    In the third quarter of the 112th Congress, the committee 
passed two bills on the House floor, both under a Rule.

H.R. 2117, ``Protecting Academic Freedom in Higher Education Act'' 
        (Sponsor: Virginia Foxx)

    The bill passed the House under a Rule (H. Res. 563) on 
February 28, 2012 by a vote of 303-114.

H.R. 4628, ``Interest Rate Reduction Act'' (Sponsor: Judy Biggert)

    The bill passed the House under a Rule (H. Res. 631) on 
April 27, 2012 by a vote of 215- 195.

  Subcommittee on Early Childhood, Elementary, and Secondary Education


                                HEARINGS

                  (LINKS ARE TO THE COMMITTEE WEBSITE)

May 16, 2012--``Exploring State Success in Expanding Parent and Student 
        Options'' (Printed Hearing 112-61)

    The purpose of the hearing was to highlight state and local 
efforts to encourage parent engagement and choice in a child's 
education.
    Witnesses: The Honorable Kevin Chavous, Senior Advisor, 
American Federation for Children, Washington, D.C.; Ms. 
Gwendolyn Eaddy-Samuel, President, Connecticut Parents Union, 
Meriden, Connecticut; Dr. Maria A. Fletcher, President, New 
York State PTA, Albany, New York; and Mr. Todd Ziebarth, Vice 
President, State Advocacy and Support, National Alliance for 
Public Charter Schools, Washington, D.C.

                 Subcommittee on Workforce Protections


                                HEARINGS

                  (LINKS ARE TO THE COMMITTEE WEBSITE)

March 20, 2012--``Ensuring Regulations Protect Access to Affordable and 
        Quality Companion Care'' (Printed Hearing 112-54)

    The purpose of the hearing was to examine the Department of 
Labor's Wage and Hour Division's December 27, 2011 proposed 
rule pertaining to the minimum wage and overtime exemption for 
companionship services under the Fair Labor Standards Act of 
1938.
    Witnesses: Ms. Nancy J. Leppink, Deputy Administrator, Wage 
and Hour Division, United States Department of Labor, 
Washington, D.C. The witnesses on the second panel included Mr. 
Wynn Esterline, Franchise Owner, Home Instead Senior Care, 
Adrian, Michigan; Ms. Marie Woodard, Annandale, Virginia; Ms. 
Cathy Ruckelshaus, Legal Co-Director, National Employment Law 
Project, Washington, D.C.; and Mr. William A. Dombi, National 
Association for Home Care & Hospice, Washington, D.C.

June 28, 2012--``Promoting Safe Workplaces Through Voluntary Protection 
        Programs'' (Printed Hearing 112-64)

    The purpose of the hearing was to examine the Occupational 
Safety and Health Administration's (OSHA) Voluntary Protection 
Programs, a compliance program designed to reduce work-related 
accidents, injuries, illnesses, and fatalities through 
management, worker, and OSHA cooperation.
    Witnesses: Mr. Mike Lee, Vice President and General 
Manager, Nucor Steel Decatur, Trinity, Alabama; Mr. R. Davis 
Layne, Executive Director, Voluntary Protection Programs 
Participants' Association, Falls Church, Virginia; Mr. Rob 
Henson, Process Technician, LydondellBassell, Houston, Texas; 
Mr. Jordan Barab, Deputy Assistant Secretary of Labor, 
Occupational Safety and Health Administration, U.S. Department 
of Labor, Washington, D.C.; Dr. David I. Levine, Eugene E. and 
Catherine T. Trefethen Professor Business Administration, Haas 
School of Business, University of California, Berkley, 
California.

        Subcommittee on Higher Education and Workforce Training


                                HEARINGS

    No hearings were held during this time period.

        Subcommittee on Health, Employment, Labor, and Pensions


                                HEARINGS

                  (LINKS ARE TO THE COMMITTEE WEBSITE)

February 2, 2012--``Examining the Challenges Facing PBGC and Defined 
        Benefit Pension Plans'' (Printed Hearing 112-50)

    The purpose of the hearing was to examine the financial 
condition of the Pension Benefit Guaranty Corporation, the 
federal backstop for terminated or insolvent defined benefit 
pension plans established by the Employee Retirement Income 
Security Act of 1974, and its enforcement activities and 
administration of terminated plans.
    Witnesses: The Honorable Joshua Gotbaum, Director, Pension 
Benefit Guaranty Corporation (PBGC), Washington, D.C. The 
second panel of witnesses included Mr. Kenneth W. Porter, 
President, Benefits Leadership International, LLC, Wilmington, 
Delaware; Ms. Gretchen Haggerty, Chief Financial Officer, U.S. 
Steel, Pittsburgh, Pennsylvania; Mr. Randy DeFrehn, Executive 
Director, National Coordinating Committee for Multiemployer 
Plans, Washington, D.C.; and Dr. John McGowan, Professor, Saint 
Louis University, St. Louis, Missouri.

February 22, 2012--``Health Care Challenges Facing Pennsylvania's 
        Workers and Job Creators'' (Printed Hearing 112-53)

    The purpose of the field hearing in Butler, Pennsylvania, 
was to examine the consequences of the Patient Protection and 
Affordable Care Act, enacted in March 2010, on Pennsylvania 
employers.
    Witnesses: The Honorable Donald C. White, Senator PA-41, 
Pennsylvania State Senate, Harrisburg, Pennsylvania; Ms. 
Kathleen Bishop, President and CEO, Meadville-Western Crawford 
County Chamber of Commerce, Meadville, Pennsylvania; Ms. 
Georgeanne Koehler, Pittsburgh, Pennsylvania; and Ms. Lori 
Joint, Director of Government Affairs, Manufacturer & Business 
Association, Erie, Pennsylvania. The second panel of witnesses 
included Ms. Patti-Ann Kanterman, CFO, Associated Ceramics & 
Technology, Inc., Sarver, Pennsylvania; Mr. Paul T. Nelson, 
Owner and CEO, Waldameer Park, Inc., Erie, Pennsylvania; Mr. 
Ralph Vitt, Owner, Vitt Insure, Pittsburgh, PA; and Mr. Will 
Knecht, President, Wendell August Forge, Grove City, 
Pennsylvania.

April 18, 2012--``Reviewing the Impact of the Office of Federal 
        Contract Compliance Programs' Regulatory and Enforcement 
        Actions'' (Printed Hearing 112-59)

    The purpose of the hearing was to examine the regulatory 
and enforcement actions of the Department of Labor's Office of 
Federal Contract Compliance Programs, the federal agency that 
enforces nondiscrimination and affirmative action requirements 
applicable to federal contractors and subcontractors.
    Witnesses: Mr. Jeffrey A. Norris, President, Equal 
Employment Advisory Council, Washington, D.C.; Ms. Dana 
Bottenfield, Director of Human Resources Information Systems, 
St. Jude Children's Research Hospital, Memphis, Tennessee; Ms. 
Fatima Goss Graves, Vice President for Education and 
Employment, National Women's Law Center, Washington, D.C.; and 
Ms. Alissa Horovitz, Shareholder, Littler Mendelson, P.C., 
Washington, D.C.

May 31, 2012--``Barriers to Lower Health Care Costs for Workers and 
        Employers'' (Printed Hearing 112-62)

    The purpose of the hearing was to examine the steps 
employers are taking to control health care costs and identify 
potential impediments resulting from implementation of the 
Patient Protection and Affordable Care Act.
    Witnesses: Mr. Ed Fensholt, Senior Vice President, Lockton 
Companies, LLC, Kansas City, Missouri; Mr. Roy Ramthun, 
President, HAS Consulting Services, Washington, D.C.; Ms. Jody 
Hall, Founder and Owner, Cupcake Royale, Seattle, Washington; 
and Mr. Bill Streitberger, Vice President of Human Resources, 
Red Robin, Greenwood Village, Colorado.

June 20, 2012--``Assessing the Challenges Facing Multiemployer Pension 
        Plans'' (Printed Hearing 112-63)

    The purpose of this hearing was to introduce members to the 
challenges facing underfunded multiemployer plans.
    Witnesses: Ms. Judy R. McReynolds, President and CEO, 
Arkansas Best Corporation, Fort Smith, Arkansas; Mr. Michael 
Sander, Administrative Manager, Western Conference of Teamsters 
Pension Trust, Seattle, Washington; Mr. Josh Shapiro, Deputy 
Executive Director for Research and Education, National 
Coordinating Committee for Multiemployer Plans, Washington, 
D.C.; Mr. John F. Ring, Partner, Morgan, Lewis & Bockius LLP, 
Washington, D.C.; and Mr. Scott M. Henderson, Vice President 
and Treasurer, The Kroger Company, Cincinnati, Ohio.

                               Oversight


                  (LINKS ARE TO THE COMMITTEE WEBSITE)

    Along with gathering information through hearings, the 
committee conducts oversight of federal programs under its 
jurisdiction through general information gathering. To evaluate 
the effectiveness and administration of federal laws, the 
committee initiated the following correspondence:
    December 12, 2011--Letter to Comptroller General Gene 
Dodaro, U.S. Government Accountability Office, regarding the 
federal regulatory requirements for federal higher education 
programs.
    December 13, 2011--Letter to Comptroller General Gene 
Dodaro, U.S. Government Accountability Office, regarding a 
study of the Pension Benefit Guaranty Corporation multi-employ 
pension plan insurance program.
    December 16, 2011--Letter to Acting General Counsel Lafe 
Solomon, National Labor Relations Board, requesting documents 
and communications related to the Board's complaint against the 
Boeing Corporation.
    December 16, 2011--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding the Mine Safety and Health 
Administration's internal review of the Upper Big Branch mining 
accident.
    December 21, 2011--Letter to Governor Beverly Perdue, State 
of North Carolina, regarding the release of unemployment 
numbers gathered by the Bureau of Labor Statistics.
    December 21, 2011--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding the release of unemployment 
numbers gathered by the Bureau of Labor Statistics.
    December 21, 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 Fair 
Labor Standards Act.''
    December 21, 2011--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding unresponsive answers from 
the Office of Legislative and Congressional Affairs in response 
to an October 14, 2011 letter.
    December 21, 2011--Letters to offices within the U.S. 
Department of Education regarding unresponsive answers in 
response to letters of October 14, 2011, sent to:
     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
    December 22, 2011--Letter to Deputy Administrator Nancy 
Leppink, Wage and Hour Division, U.S. Department of Labor, 
regarding questions for the record following the hearing 
``Examining Regulatory and Enforcement Actions Under the Fair 
Labor Standards Act'' held on November 3, 2011.
    December 23, 2011--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding the panel of negotiators for 
the negotiated rulemaking to address student loan program 
issues.
    January 6, 2012--Letter to Chairman Mark Pearce, National 
Labor Relations Board, requesting documents drafted in whole or 
in part by the January 2012 recess appointees to the National 
Labor Relations Board during their time of employment by the 
Board.
    January 6, 2012--Letter to Kathryn Ruemmler, Counsel to the 
President, requesting documents and communications surrounging 
the January 2012 recess appointments to the National Labor 
Relations Board.
    January 12, 2012--Letter to President Barack Obama opposing 
the January 2012 recess appointments to the National Labor 
Relations Board while the Senate was regularly meeting in pro 
forma session.
    January 18, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding additional information on 
the President's ``Help Americans Manage Student Loan Debt'' 
plan.
    January 27, 2012--Letter to Assistant Secretary Phyllis 
Borzi, Employee Benefits Security Administration, U.S. 
Department of Labor, requesting information on the department's 
efforts to expand the definition of ``fiduciary'' under the 
Employee Retirement Income Security Act of 1974.
    January 27, 2012--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding the Office of Federal Contract 
Compliance Programs' proposed regulations under Section 503 of 
the Rehabilitation Act of 1973 entitled ``Affirmative Action 
and Nondiscrimination Obligations of Contractors Regarding 
Individuals with Disabilities.''
    February 1, 2012--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding additional information on the 
President's call for ``one program, one website, one place'' 
for workers to receive employment support.
    February 6, 2012--Letter to Commissioner Douglas Shulman, 
Internal Revenue Service, regarding regulations impacting 
public charter schools.
    February 9, 2012--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding the departure of Mr. Jack Kuzar 
from the Department's Mine Safety and Health Administration and 
the Upper Big Branch internal review team.
    February 10, 2012--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding the Wage and Hour Division's 
proposed regulations to redefine companionship services under 
the Fair Labor Standards Act.
    February 17, 2012--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding the Wage and Hour Division's 
proposed regulations under the Fair Labor Standards Act for 
minors hired as farm workers.
    March 21, 2012--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding a revised Unemployment Insurance 
Program Letter.
    March 22, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding implementation of the 
Opportunity Scholarship Program.
    March 22, 2012--Letter to Ellen London, President and CEO, 
DC Children and Youth Investment Trust Corporation, regarding 
the implementation of the Opportunity Scholarship Program.
    March 27, 2012--Letter to Comptroller General Gene Dodaro, 
U.S. Government Accountability Office, regarding the Department 
of Education's administration of the Direct Student Loan 
Program.
    March 28, 2012--Letter to Acting General Counsel Lafe 
Solomon, National Labor Relations Board, regarding the Board's 
regional office consolidation pilot program.
    March 28, 2012--Letter to Chairman Mark Pearce, National 
Labor Relations Board, regarding the Board's information 
campaign focusing on workers' rights to engage in protected 
concerted activity.
    March 29, 2012--Letter to Joshua Gotbaum, Director, Pension 
Benefit Guaranty Corportation, regarding questions for the 
record following the February 2, 2012 hearing ``Examining the 
Challenges Facing PBGC and Defined Benefit Pension Plans.''
    April 13, 2012--Letter to Inspector General David Berry, 
National Labor Relations Board, regarding possible ex parte 
communications in the Boeing case by Acting General Counsel 
Solomon.
    April 25, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding questions for the record 
from a March 28, 2012 hearing on the department's FY 2013 
Budget.
    April 27, 2012--Letter to Assistant Secretary Joe Main, 
Mine Safety and Health Administration, U.S. Department of 
Labor, regarding Mine Safety and Health Administration's 
efforts to stop advanced notice of mine inspections.
    May 4, 2012--Letter to Comptroller General Gene Dodaro, 
U.S. Government Accountability Office, regarding a request for 
a study of individuals served by the Workforce Investment Act 
Adult and Dislocated Workers program and a study of the 
performance accountability of the Workforce Investment Act 
Adult and Dislocated Workers program.
    May 9, 2012--Letter to Acting General Counsel Lafe Solomon, 
National Labor Relations Board, regarding a request for 
information relating to the Board's policy changing the timing 
for representational pre-elections.
    May 14, 2012--Letter to Assistant Secretary Joe Main, Mine 
Safety and Health Administration, U.S. Department of Labor, 
regarding the illness and injury rate for Mine Safety and 
Health Administration personnel.
    May 15, 2012--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding attorney-client relationship 
concerns raised by interested parties during the comment period 
for proposed rulemaking redefining ``advice'' under the Labor-
Management Reporting and Disclosure Act.
    May 17, 2012--Letter to Acting General Counsel Lafe 
Solomon, National Labor Relations Board, regarding the Board's 
position on nationwide enforcement of a regulation in the event 
of a split in the federal circuit courts.
    May 18, 2012--Letter to Comptroller General Gene Dodaro, 
U.S. General Accountability Office, regarding the challenges 
states face in implementing teacher and principal evaluations 
as part of the Race to the Top program at the Department of 
Education.
    May 18, 2012--Letter to Secretary Kathleen Sebelius, U.S. 
Department of Health and Human Services, regarding questions 
for the record following the hearing ``Reviewing the 
President's Fiscal Year 2012 Budget Proposal for the U.S. 
Department Health and Human Services'' held on April 26, 2012.
    May 18, 2012--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding questions for the record 
following the hearing ``Reviewing the President's Fiscal Year 
2013 Budget Proposal for the U.S. Department of Labor'' held on 
March 21, 2012.
    June 1, 2012--Letter to Secretary Hilda Solis, U.S. 
Department of Labor, regarding the department's proposed 
modifications to the policies on dissemination of economic data 
to the news media and the public.
    June 4, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding the department's regulatory 
guidance on third party servicer affiliation with any 
institution of higher education.
    June 15, 2012--Letter to Under Secretary of Defense for 
Personnel and Readiness Erin Conaton, U.S. Department of 
Defense, requesting information on the implementation of the 
requirement that homeschool and other non-traditional education 
graduates be treated the same as secondary school graduates for 
U.S. Armed Forces enlistment purposes.

                             MINORITY VIEWS


                              INTRODUCTION

    In the third quarter of the 112th Congress, the House 
Education and the Workforce Committee repeatedly missed 
opportunities to move the country and the economy forward on 
jobs and education. Whether the issue was improving elementary 
and secondary education, addressing the cost of college, 
creating jobs, or protecting workers, the Committee's third 
quarter performance ranged from partisanship to inaction. To 
address growing frustration with the House's obstruction, 
brinksmanship, and failure to take constructive action on real 
issues facing American families, Committee Democrats sought to 
amend this report to require the Committee to act on pressing 
national issues within our jurisdiction--including outsourcing, 
job creation, mine safety, and child abuse--before this 
Congress ends. The Republican majority, however, rejected all 
of these efforts.

                               EDUCATION

Elementary and Secondary Education. In the most recent quarter 
of this Congress, despite our history of bipartisanship on 
elementary and secondary education policy, Committee 
Republicans chose a highly partisan and ideologically-driven 
Elementary and Secondary Education Act (ESEA) reauthorization 
approach that, if it became law, would take the country back 
decades in education. Unfortunately, this preference for 
partisanship over consensus-driven solutions will leave the 
country with an outdated law instead of the modern education 
system we know our schools, communities, families and nation 
desperately need. Moreover, the Republican proposal for ESEA 
reauthorization undermines the rights of students with 
disabilities by lowering expectations and eliminating 
accountability for their achievement.
    Committee Democrats offered a substitute amendment to each 
of the Republican ESEA reauthorization bills. These substitutes 
provided all of the necessary high standards and goals of 
college and career readiness, and other requirements lacking in 
the Republican proposals. Given the Committee Republicans' 
failure to produce a bipartisan ESEA reauthorization, Committee 
Democrats continue to support the Department of Education's 
efforts to provide states with flexibility from No Child Left 
Behind. Nearly 40 states have already turned to the Department 
of Education for waivers from No Child Left Behind in light of 
Congress's failure to enact reform.
    Committee Democrats remain committed to reauthorizing ESEA 
and believe any such reauthorization must retain a core focus 
on equity and civil rights while modernizing the education 
system. We can raise standards to meet the workforce demands of 
a global economy and empower states and districts to meet the 
needs of their students and communities without losing sight of 
the critical federal role of ensuring equal opportunity for all 
students.

Higher Education. Committee Democrats believe that the 
committee should examine the critical issues of rising college 
cost, declining state investment in postsecondary education, 
and ensuring that our nation's federal student aid programs 
continue to best serve students with financial need. We look 
forward to thoughtful, bipartisan conversations to address 
these important issues. However, the majority has thus far 
failed to engage in such a conversation.
    In February, Committee Democrats asked the Chairman to work 
together to address the issue of rising student loan interest 
rates. This issue is of critical importance since more than 7 
million students would see their interest rates double if 
Congress fails to act by July 1, 2012, costing the average 
student $1,000 in additional repayment costs. No response to 
that request was received. Instead, a Republican budget was 
passed in the House that would lock in the doubled interest 
rates. It was not until President Obama publically spoke about 
the issue in April that House Republicans offered legislation 
to keep interest rates low. Unfortunately, that legislation, 
the Interest Rate Reduction Act (H.R. 4682), bypassed the 
committee process and included a poison pill (cutting funding 
for planned breast cancer screenings and child immunizations) 
to prevent enactment of interest rate relief. House Republicans 
then blocked any vote on the Democratic solution, the Stop the 
Rate Hike Act of 2012 (H.R. 4816). At the time of this report, 
students and families remain uncertain as to whether the 
interest rate hike will be stopped, complicating their 
decisions on whether to attend college this fall and how to pay 
for it. Congress needs to act.
    It is also imperative that the Committee engage in 
appropriate oversight of higher education programs to both 
protect students and safeguard taxpayer funds. Recent reports 
on predatory marketing practices and associated high fees that 
accompany certain on-campus debit cards demand the Committee's 
attention. Committee Democrats have requested the Department of 
Education Inspector General and the Consumer Financial 
Protection Bureau to examine these matters.

Special Supplemental Program for Women, Infants, and Children 
(WIC). The Committee majority has failed to effectively support 
the goals of the WIC program in promoting healthy meals and 
good nutrition for women, infants, and children despite the 
programs overwhelming success. Attacks on the WIC program go 
unabated in the House and will jeopardize the health and 
wellbeing of millions of participants. The Republican 
Agriculture Appropriations bill shortchanges the program and 
will require continuous monitoring to ensure that the program 
can meet the needs of all participants, especially if there is 
an increase in food costs. The bill also fails to provide 
funding for important set asides in the WIC program for 
breastfeeding peer counselors, Management Information System 
(MIS), EBT, or Infrastructure. These cuts eliminate jobs, 
jeopardize efforts to assure WIC program integrity and manage 
WIC food costs, and negatively impact efforts to improve child 
health.
    In addition, this year's Republican Agriculture 
Appropriations bill forces USDA to add particular earmarked 
foods to the WIC food package rather than abide by the science-
based Institute of Medicine (IOM) recommendation to promote the 
consumption of under-consumed fruits and vegetables. Committee 
Democrats oppose efforts in Congress to dictate the foods that 
should be included in the WIC food packages or otherwise 
interfere with nutrition and dietary science. WIC food packages 
should be based on sound, independent science and not the 
requests of high-powered special interests.

Child Safety. Committee Democrats believe child safety is 
everyone's responsibility. In the 111th Congress, Democrats 
made child safety a priority, holding numerous hearings on the 
matter and passing bipartisan legislation that would have 
reduced abusive seclusion and restraint practices in schools 
(Keeping All Children Safe Act), stopped child abuse in 
residential programs for teens (Stop Child Abuse in Residential 
Programs for Teens Act), and helped keep children safe from 
sexual predators in schools (Keeping All Students Safe Act). 
Despite the fact that much work is yet to be done on child 
safety, this Committee has failed to take any action this 
Congress. The recent cases in the Los Angeles Unified School 
District and the handling of abuses by Jerry Sandusky at 
Pennsylvania State University demonstrate failings of schools 
and institutions to keep children safe from harm. They raise 
serious questions about cover ups and insufficient reporting by 
institutions whose employees have abused children. These 
failures are consistent with findings from a GAO investigation 
published in December 2010 that found the ways in which some 
schools handle accusations of child sexual abuse involving 
their own staff have led to situations where perpetrators go 
unpunished, move on to new schools with a fresh start, and 
violate children all over again.
    In the wake of these high profile cases, there is 
significant national concern over the weaknesses in our 
nation's child abuse reporting laws. Stopping child abuse is a 
shared moral imperative, not a partisan issue. The Committee's 
Senior Democratic Member has twice requested the Chairman to 
convene the Committee to examine whether federal laws 
adequately keep our children safe from abuse, but no action has 
been taken. Moreover, the Committee's majority rejected an 
amendment to this report that would have required the Committee 
to conduct robust oversight into the handling of reports of 
child sexual and physical abuse by elementary and secondary 
schools, and institutions of higher education. Our children 
deserve better.

                                 LABOR

Job Creation. Good jobs support our middle class, strengthen 
our communities, and grow the economy. Committee Democrats are 
committed to job creation and ensuring that such opportunities 
exist by promoting employment solutions and building America's 
diverse workforce with the skills required to support 
competitive industries. With aggressive stimulus measures taken 
in the previous Congress, 4.25 million jobs have been added in 
the last 26 months. While the economy recovers, more than 40 
percent of the nearly 13 million unemployed have been seeking 
employment for at least 6 months or more. Committee Democrats 
have introduced a set of job creation proposals to address the 
unemployment and underemployment crisis: the President's 
American Jobs Act, (H.R. 12), a comprehensive package of job 
creation measures that would among other provisions, invest in 
modernizing the infrastructure of our schools and community 
colleges; the Pathways Back to Work Act (H.R. 3425) that would 
provide opportunities for the unemployed to go back to work 
through innovative worker retraining programs; and the Local 
Jobs for America Act (H.R. 2828), which would provide local 
governments and non-profit agencies funding over two years to 
save and create local jobs. The Committee has failed to act on 
these significant job creation proposals.
    At a workforce investment markup in June, Committee 
Democrats offered an amendment to create employment and 
reemployment opportunities for more than 300,000 construction 
workers through school and community college modernization 
programs. The majority rejected that amendment.
    At the same markup, Committee Democrats offered an 
amendment to provide hundreds of thousands of summer and year-
round employment opportunities for young people. The majority 
rejected that amendment.
    At the markup of this report, Committee Democrats offered 
an amendment that would have required this Committee to 
consider and report legislation to prevent future layoffs of 
teachers and other school employees and to reemploy those who 
have been laid off. The majority rejected that amendment.
    Another Democratic amendment to this report sought to 
support the domestic workforce by discouraging outsourcing of 
American jobs to foreign nations. The majority rejected that 
amendment.

Job Training. The Workforce Investment Act (WIA) provides 
critically important federal services and support for the 
unemployed, and the law should be strengthened and 
reauthorized. In this regard, Committee Democrats have 
developed forward-thinking proposals to improve job training 
and reemployment services. Representatives Tierney, Hinojosa, 
and Miller introduced the Workforce Investment Act of 2012 
(H.R. 4227). H.R. 4227, through unified planning, would 
streamline and coordinate the operation of job training, adult 
education, and postsecondary education programs. The bill would 
also encourage innovation in training and reemployment programs 
and increase engagement with employers on a regional and 
sectoral basis to ensure workers are trained to meet employer 
labor demands.
    The Republican approach to WIA reauthorization, the 
Workforce Investment Improvement Act of 2012 (H.R. 4297), 
converts 26 existing WIA programs into a block grant and 
eliminates stakeholders from partnering on state and local 
governing bodies of the workforce system. In addition to other 
efforts to eliminate services, the Republican bill freezes 
funding levels for the next five years, resulting in a real 
funding cut. The proposal threatens access to education, 
training, and other services for our nation's most vulnerable 
workers, including youth, older workers, veterans, women, 
English language learners, and low-income workers. More than 55 
stakeholder groups, representing hundreds of more organizations 
nationwide sent letters of opposition or concern regarding H.R. 
4297. Rather than work with Democrats to find a successful, 
bipartisan path forward on the Workforce Investment Act, the 
majority reported a partisan, divisive bill that is unlikely to 
become law.

National Labor Relations Board (NLRB). Committee Republicans 
have committed considerable resources to criticizing the NLRB, 
which administers and enforces workers' rights to organize and 
collectively bargain. Numerous hearings about perceived NLRB 
bias have been held. Countless pages of documents from the NLRB 
have been requested. Legislation to cripple the NLRB's ability 
to protect workers' rights has been moved through the House.
    But when reports came to light this quarter that a 
Republican NLRB Member had committed ethical and possibly 
criminal violations by providing inside information to outside 
parties for their private benefit, no oversight hearings were 
held. This scandal was the most corrosive in the Board's 
history and struck at the heart of the agency's adjudicatory 
and rulemaking functions. Thanks to the work of the Board's 
Inspector General and Committee Democrats, this particular 
threat to the Board's integrity has been stemmed. Committee 
Democrats believe the resignation of Board Member Terrence 
Flynn was appropriate and necessary.
    Committee Democrats will remain vigilant in overseeing the 
effective and efficient operation of the NLRB. The free 
exercise of workers' rights helped build America's middle 
class. Republican attacks on these rights and the agency that 
enforces them only weakens the prospects for a fair and 
sustainable recovery with good jobs for all.

Wage and Hour Protection. The Fair Labor Standards Act (FLSA) 
governs the wages and hours of work. Effective enforcement of 
this law is critical to family incomes and a fair economy. In 
the last Congress, Committee Democrats shone a bright light on 
the need to toughen enforcement of this law and properly handle 
and pursue workers' complaints. This Congress, Committee 
Republicans have questioned efforts to enforce the law, 
including minor initiatives to provide attorney referrals to 
workers with wage and hour complaints. Committee Democrats will 
continue to work to ensure that workers have basic minimum wage 
and overtime protections and will press for solutions to the 
problems of wage theft and misclassification. Additionally, 
Committee Democrats will continue to work 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. House 
Republicans have repeatedly attempted to roll back these 
protections during the 112th Congress. Those attempts to 
undercut workers' wages have been thus far unsuccessful.

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 in light of the UBB disaster, Committee Republicans 
stated they want to wait for all of the UBB accident 
investigation reports to be completed before considering 
legislative reforms. All of the reports have been in hand for 
months, and yet there has been no legislative action. Democrats 
introduced the Robert C. Byrd Mine Safety Protection Act (H.R. 
1579), which includes 10 of the legislative recommendations 
made by the West Virginia Governor's Independent Panel. The 
legislation contains recommendations from MSHA and the DOL 
Inspector General. It is available for markup.
    In June 2012, family members of the UBB miners met with 
Republican and Democratic leaders of the Committee and asked 
them to take action to strengthen mine safety laws. 
Accordingly, at the markup of this report, Committee Democrats 
attempted to amend the report to require the committee to 
consider and report mine safety legislation before the end of 
this Congress. That amendment was rejected on a party-line 
vote.
    Committee Democrats have continued their oversight of 
safety at the Massey Energy mines which were acquired by Alpha 
Natural Resources in June 2011. Committee Democrats have also 
been investigating the problem of mine operators who refuse to 
pay overdue fines and penalties for mine safety violations. 
Several Kentucky mine operators, including the former operators 
of the Kentucky Darby #1 mine where 5 miners were killed in an 
explosion in 2006, have failed to pay in excess of $1.5 million 
in penalties at several mines.

Occupational Safety and Health Administration (OSHA). In 2010, 
4,690 workers were killed on the job from traumatic injuries, 
according to the Bureau of Labor Statistics, and there were at 
least 3.9 million occupational injuries. Disabling injuries 
cost the economy between $159 to $318 billion in both direct 
and indirect costs. 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. The Protecting America's Workers Act (H.R. 190) 
would bring the Occupational Safety and Health Act of 1970 
(OSHAct) into the 21st century. The Offshore Oil and Gas Worker 
Whistleblower Protection Act (H.R. 503) would implement a key 
recommendation from the National Commission on the Deepwater 
Horizon Oil Spill and Offshore Drilling. The Worker Protections 
Against Combustible Dust Explosions and Fires Act of 2011 (H.R. 
522) would speed the adoption of regulations needed to prevent 
combustible dust explosions and fires. Unfortunately, none of 
these important bills have received a hearing in this Congress.
    Committee Democrats continue oversight in these areas. In 
response to a request from Committee Democrats, the Government 
Accountability Office (GAO) issued a report identifying a 
number of obstacles that have crippled OSHA's ability to 
protect workers by issuing OSHA health and safety standards in 
a timely manner. In response to a request from Committee 
Democrats, the DOL Inspector General issued a report that 
estimates the number of additional staff that would be needed 
for OSHA's whistleblower protection program, in light of its 
current caseload and large backlog. 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.

Health Care. The Affordable Care Act (ACA) is resulting in real 
savings and greater health care security for millions of 
families across the country. Since the law's enactment over two 
years ago, the economy has added more than 4 million new 
private-sector jobs- including an additional 579,300 in the 
health field. Despite the important progress that has been 
made, Committee Republicans want to take consumer protections 
away from families and return control to the billion dollar 
insurance companies.
    The ACA protects American families against some of the 
worst abuses of the health insurance industry. As a result of 
the Affordable Care Act, nearly 13 million Americans will 
benefit from $1.1 billion in rebates from insurance companies 
as a result of the law's Medical Loss Ratio requirements. More 
than 86 million Americans have received one or more free 
preventative services. One-hundred and five million Americans 
no longer face a lifetime limit on their coverage, 17 million 
children with pre-existing conditions can no longer be 
discriminated against or denied coverage due to that condition 
and 6.6 million young adults have obtained coverage through 
their parents' plan. Seniors have also seen greater access to 
coverage and lower costs. More than 5 million seniors who hit 
the prescription drug donut hole have saved $3.7 billion and 
more than 3 million have accessed a free annual wellness visit. 
Some small employers have also seen their costs go down as a 
result of the law's small business tax credit. In 2011, 360,000 
small employers received the small business tax credit to help 
them offer health insurance to 2 million workers.
    Despite these benefits, the Committee continues to re-
litigate past fights. While the majority has pressed for repeal 
of the ACA or the overturning of the law by the Supreme Court, 
the majority has no effective alternatives to protect employers 
and families. Committee Democrats believe we must continue the 
implementation of the ACA to ensure that American families have 
increased long-term 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. The majority has held two hearings related 
to retirement issues, but to date has put forth no legislation 
or any vision for improving our nation's retirement system. 
Committee Democrats support strong protections for workers' 
retirement funds and urge the committee to take additional 
steps to expand workers' access to adequate retirement income.
    The Committee's hearings related to retirement revealed 
weaknesses in funding for single and multiemployer pension 
plans and in the federal back stop, the Pension Benefit 
Guaranty Corporation (PBGC) which insures defined benefit 
pension plans. The committee heard testimony from many 
witnesses who discussed weaknesses and offered solutions to 
improve workers' retirement security. Also, during this time, 
the Inspector General of the PBGC issued several reports 
documenting weaknesses and mismanagement in the PBGC's 
oversight of its programs and the contractors hired to assist 
the PBGC. Democrats urge the Committee to work collaboratively 
to develop and put forth legislation to expand employer based 
retirement plans, ensure adequate funding for such plans, and 
strengthen the effectiveness of federal programs that guarantee 
delivery of promised retirement benefits.

Civil Rights. While the Equal Employment Opportunity Commission 
reports that private sector bias charges are at an all-time 
high, Committee Republicans have held only one hearing this 
entire Congress on civil rights--to criticize efforts by the 
Office of Federal Contractor Compliance Programs (OFCCP) to 
strengthen civil rights protections for employees of Federal 
contractors. Committee Democrats continue to press for 
enactment of legislation to help fight workplace 
discrimination, such as the Paycheck Fairness Act, the 
Employment Non-Discrimination Act, and the Protecting Older 
Workers Against Discrimination Act.

                                             George Miller,
                                  Senior Democratic Member,
                                            Dale E. Kildee,
                                           John F. Tierney,
                                            Ruben Hinojosa,
                                           Lynn C. Woolsey,
                                         Robert E. Andrews,
                                          Carolyn McCarthy,
                                              Rush D. Holt,
                                          Raul M. Grijalva,
                                           Marcia L. Fudge,
                                        Dennis J. Kucinich,
                                         Timothy H. Bishop,
                                            Susan A. Davis,
                                           Mazie K. Hirono,
                                           Robert C. Scott,
                                             Dave Loebsack.

                                 
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