[House Report 112-714]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-714
_______________________________________________________________________

                                     

                                                 Union Calendar No. 519


                        REPORT ON THE ACTIVITIES

                                 of the

                       COMMITTEE ON EDUCATION AND

                             THE WORKFORCE

                             together with

                             MINORITY VIEWS

                  FOURTH QUARTER OF THE 112TH CONGRESS




 December 20, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
        Membership, Organization, and Subcommittee Jurisdiction


                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               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               DAVE 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 the 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 L. 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, December 20, 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 Fourth Quarter of the 112th 
Congress. I circulated this report to all members on December 
17, 2012, and received minority views, which are included in 
this report.
    This report summarizes the activities of the Committee 
during the Fourth Quarter of the 112th Session with respect to 
its legislative and oversight responsibilities.
            Sincerely,
                                                John Kline,
                                                          Chairman.


                                                 Union Calendar No. 519
112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-714

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



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

                                _______
                                

 December 20, 2012.--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 worked diligently to 
advance legislative initiatives that support workers and 
employers, remove barriers to job growth, and help more 
students access a quality education.
    Throughout the 112th Congress, the committee explored the 
challenges facing our nation's education system and discussed 
commonsense solutions that will help prepare children and young 
adults for success. Earlier this year, the committee approved 
legislation to reform the Elementary and Secondary Education 
Act by empowering states and school districts to develop better 
learning systems for all students, supporting effective 
teachers, and eliminating wasteful and duplicative federal 
programs. Additionally, the committee held hearings to discuss 
the appropriate federal role in higher education in preparation 
for the upcoming reauthorization of the Higher Education Act. 
The committee will continue its efforts to reauthorize both 
laws in the 113th Congress.
    With more than 12 million Americans out of work, improving 
the nation's job training system remains another top committee 
priority. After holding hearings in both Washington, D.C. and 
member districts, the committee approved legislation to reform 
and streamline the nation's workforce development programs to 
better serve workers and taxpayers. The policies in this 
legislation will serve as the foundation for the committee's 
work to reauthorize the Workforce Investment Act in the next 
Congress.
    Ensuring employers have the certainty they need to create 
jobs and manage their businesses is another key component in 
the fight to reduce unemployment and rebuild our economy. 
Unfortunately, actions by the National Labor Relations Board 
continue to wreak havoc on workplaces and threaten employer 
free speech and worker free choice. The committee remains 
determined to advance initiatives that protect the rights of 
workers and employers and hold the labor board accountable for 
its radical policies that are having a chilling effect on the 
economy.
    Congressional leaders have a responsibility to conduct 
oversight of federal agencies, and the House Committee on 
Education and the Workforce takes that responsibility 
seriously. Oversight of policies governing workplace safety, 
union transparency, and retirement security was a leading 
priority in the 112th Congress, along with oversight of the 
administration's actions affecting students and low-income 
families. The committee's efforts have helped shine light on a 
number of issues, including weaknesses in mine safety 
enforcement, missing reports pertaining to the multiemployer 
pension system, and problems with the management of the Federal 
Direct Loan program. Such aggressive oversight will continue in 
2013.
    As our economic recovery continues at a sluggish pace, it 
is more unacceptable than ever to ignore rules or regulations 
that stand in the way of job creation. With the national debt 
passing historic levels, we must continue to demand better uses 
of taxpayer resources. In the 113th Congress, the House 
Education and the Workforce Committee will continue to pursue 
policies that promote economic growth, support a stronger 
workforce, and improve education in America.
                             Full Committee


                                HEARINGS

                  (LINKS ARE TO THE COMMITTEE WEBSITE)

    In the fourth quarter of the 112th Congress, no full 
committee hearings were held.

                                MARKUPS

                  (LINKS ARE TO THE COMMITTEE WEBSITE)

    In the fourth quarter of the 112th Congress, the full 
committee held one markup and filed two legislative reports. No 
subcommittee markups were held.

September 13, 2012--H.J. Res. 118, providing for congressional 
        disapproval of the Administration's July 12, 2012 waiver of 
        welfare work requirements (Sponsor: Rep. Dave Camp)

    The joint resolution provides for congressional disapproval 
under chapter 8 of title 5, United States Code, of the rule 
submitted by the Office of Family Assistance of the 
Administration for Children and Families of the U.S. Department 
of Health and Human Services relating to waiver and expenditure 
authority under section 1115 of the Social Security Act with 
respect to the Temporary Assistance for Needy Families program. 
H.J. Res. 118 was ordered favorably reported to the House by a 
vote of 22-16, and the committee report was filed on September 
18, 2012 (House Report 112-677, Part II).

December 4, 2012--H.R. 4297, the Workforce Investment Improvement Act 
        (Sponsor: Rep. Virginia Foxx)

    H.R. 4297 was ordered favorably reported, as amended, to 
the House by a vote of 23-15 on June 7, 2012. The committee 
report was filed on December 4, 2012 (House Report 112-699 Part 
I).

  Subcommittee on Early Childhood, Elementary, and Secondary Education


                                HEARINGS

                  (LINKS ARE TO THE COMMITTEE WEBSITE)

July 24, 2012--``Education Reforms: Discussing the Value of Alternative 
        Teacher Certification Programs'' (Printed Hearing 112-66)

    The purpose of the hearing was to examine the benefits of 
alternative teacher certification routes in addressing teacher 
shortages in certain geographic areas, academic fields, and 
classrooms with unique student needs; expanding the teacher 
pipeline; and strengthening the overall quality of the teaching 
profession.
    Witnesses: Ms. Jennifer Mulhern, Vice President for New 
Teacher Effectiveness, TNTP, Baltimore, Maryland; Ms. Maura O. 
Banta, Director of Citizenship Initiatives in Education, IBM 
Corporation, Armonk, New York; Ms. Cynthia G. Brown, Vice 
President for Education Policy, Center for American Progress, 
Washington, D.C.; and Mr. Seth Andrew, Founder and 
Superintendent, Democracy Prep Public Schools, New York, New 
York.

                 Subcommittee on Workforce Protections


                                HEARINGS

    No hearings were held during this time period.

        Subcommittee on Higher Education and Workforce Training


                                HEARINGS

                  (LINKS ARE TO THE COMMITTEE WEBSITE)

July 18, 2012--``Keeping College Within Reach: Exploring State Efforts 
        to Curb Costs'' (Printed Hearing 112-65)

    The purpose of the hearing, the second in a series, was to 
examine the issue of rising college costs.
    Witnesses: Mr. Scott Pattison, Executive Director, National 
Association of State Budget Officers, Washington, D.C.; Ms. 
Teresa Lubbers, Commissioner for Higher Education, State of 
Indiana, Indianapolis, Indiana; Mr. Stan Jones, President, 
Complete College America, Zionsville, Indiana; and Dr. Joe May, 
President, Louisiana Community and Technical College System, 
Baton Rouge, Louisiana.

September 12, 2012--``Expanding the Power of Big Labor: The NLRB's 
        Growing Intrusion into Higher Education'' (Printed Hearing 112-
        68)

    The hearing was held jointly with the Subcommittee on 
Health, Employment, Labor, and Pensions.
    The purpose of the hearing was to examine three pending 
controversial National Labor Relations Act issues affecting 
higher education: whether university graduate student 
assistants are statutory employees under the National Labor 
Relations Act (NLRA); whether university faculty are employees 
covered by the NLRA or excluded managers; and what is the 
appropriate test to determine whether a university is a 
religious institution exempt from NLRA coverage.
    Witnesses: Dr. Peter M. Weber, Dean, Brown University 
Graduate School, Providence, Rhode Island; Dr. Michael P. 
Moreland, Vice Dean and Professor of Law, Villanova University 
School of Law, Villanova, Pennsylvania (testifying on his own 
behalf); Mr. Christian Sweeney, Deputy Organizing Director, 
American Federation of Labor-Congress of Industrial 
Organizations, Washington, D.C.; and Mr. Walter Hunter, 
Shareholder, Littler Mendelson P.C., Providence, Rhode Island.

September 20, 2012--``Assessing College Data: Helping to Provide 
        Valuable Information to Students, Institutions, and Taxpayers'' 
        (Printed Hearing 112-69)

    The purpose of the hearing was to explore the importance 
and impact of data and transparency on students and their 
families, colleges and universities, and taxpayers.
    Witnesses: Dr. Mark Schneider, Vice President, Education, 
Human Development and the Workforce, American Institutes for 
Research, Washington, D.C.; Dr. James Hallmark, Vice Chancellor 
for Academic Affairs, The Texas A & M University System, 
College Station, Texas; Dr. Jose Cruz, Vice President for 
Higher Education Policy and Practice, The Education Trust, 
Washington, D.C.; and Dr. Tracy Fitzsimmons, President, 
Shenandoah University, Winchester, Virginia.

        Subcommittee on Health, Employment, Labor, and Pensions


                                HEARINGS

                  (LINKS ARE TO THE COMMITTEE WEBSITE)

July 25, 2012--``Examining Proposals to Strengthen the National Labor 
        Relations Act'' (Printed Hearing 112-67)

    The purpose of the hearing was to examine controversial 
National Labor Relations Board decisions and highlight 
legislation to improve worker rights and protect tribal 
sovereignty.
    Witnesses: The Honorable Robert Odawi Porter, President, 
Seneca Nation of Indians, Salamanca, Seneca Nation; Mr. William 
L. Messenger, Staff Attorney, National Right to Work Legal 
Defense Foundation, Springfield, Virginia; Ms. Devki K. Virk, 
Member, Bredhoff & Kaiser, P.L.L.C., Washington, D.C.; and Dr. 
Tim Kane, Chief Economist, Hudson Institute, Washington, D.C.

September 12, 2012--``Expanding the Power of Big Labor: The NLRB's 
        Growing Intrusion into Higher Education'' (Printed Hearing 112-
        68)

    The hearing was held jointly with the Subcommittee on 
Higher Education and Workforce Training.
    The purpose of the hearing was to examine three pending 
controversial National Labor Relations Act issues affecting 
higher education: whether university graduate student 
assistants are statutory employees under the National Labor 
Relations Act (NLRA); whether university faculty are employees 
covered by the NLRA or excluded managers; and what is the 
appropriate test to determine whether a university is a 
religious institution exempt from NLRA coverage.
    Witnesses: Dr. Peter M. Weber, Dean, Brown University 
Graduate School, Providence, Rhode Island; Dr. Michael P. 
Moreland, Vice Dean and Professor of Law, Villanova University 
School of Law, Villanova, Pennsylvania (testifying on his own 
behalf); Mr. Christian Sweeney, Deputy Organizing Director, 
American Federation of Labor-Congress of Industrial 
Organizations, Washington, D.C.; and Mr. Walter Hunter, 
Shareholder, Littler Mendelson P.C., Providence, Rhode Island.

December 19, 2012--``Challenges Facing Multiemployer Pension Plans: 
        Evaluating PBGC's Insurance Program and Financial Outlook'' 
        (Printed Hearing 112-70)

    The purpose of the hearing was to examine the ongoing 
challenges facing the multiemployer pension system and the 
Pension Benefit Guaranty Corporation.
    Witness: The Honorable Joshua Gotbaum, Director, Pension 
Benefit Guaranty Corporation, Washington, D.C.

                               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:
    June 25, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding questions for the record 
following the hearing ``Reviewing the President's Fiscal Year 
2013 Budget Proposal for the U.S. Department of Education'' 
held on March 28, 2012.
    June 29, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding guidance released in 
conjunction with the department's waiver package relating to 
Title I-A funds and equitable participation requirements.
    July 12, 2012--Letter to Administrator Cass R. Sunstein, 
Office of Management and Budget, regarding a request for 
information relating to the Spring 2012 Unified Agenda.
    July 13, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding the department's monitoring 
of its grantees and their use of taxpayer dollars.
    July 13, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding putting on hold 
implementation of the gainful employment regulation.
    July 17, 2012--Letter to Secretary Kathleen Sebelius, U.S. 
Department of Health and Human Services, regarding the status 
of three studies concerning state and local child abuse 
prevention systems, pursuant to the CAPTA Reauthorization Act 
of 2010.
    July 18, 2012--Letter to Comptroller General Gene L. 
Dodaro, U.S. Government Accountability Office, regarding the 
effectiveness and usefulness of the research and tools produced 
by the Institute of Education Sciences.
    July 20, 2012--Letter to Comptroller General Gene L. 
Dodaro, U.S. Government Accountability Office, regarding the 
regulatory burden of federal education regulations on 
elementary and secondary schools.
    July 26, 2012--Letter to Comptroller General Gene L. 
Dodaro, U.S. Government Accountability Office, regarding the 
effectiveness of the federally funded science, technology, 
engineering, and mathematics education programs.
    July 27, 2012--Letter to Comptroller General Gene L. 
Dodaro, U.S. Government Accountability Office, regarding the 
Special Supplemental Nutrition Program for Women, Infants, and 
Children and its standards for income determination.
    July 30, 2012--Letter to Assistant Secretary Joe Main, Mine 
Safety and Health Administration, U.S. Department of Labor, 
regarding a request for additional information relating to the 
Mine Safety and Health Administration's performance under the 
Protecting Our Workers and Ensuring Reemployment Initiative.
    July 30, 2012--Letter to Secretary Hilda L. Solis, U.S. 
Department of Labor, regarding a request for information 
relating to the Wage and Hour Division's proposed regulation 
entitled ``Application of the Fair Labor Standards Act to 
Domestic Services.''
    July 31, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding the effectiveness of the 
department's system to determine and evaluate at-risk and 
evidence-of-risk grantees.
    July 31, 2012--Letter to Secretary Hilda L. Solis, U.S. 
Department of Labor, regarding a request for information 
relating to proposed rulemaking on federal contractors' 
nondiscrimination and affirmative action requirements 
pertaining to individuals with disabilities.
    August 2, 2012--Letter to Secretary Hilda L. Solis, U.S. 
Department of Labor, regarding a request for information 
relating to misleading and incomplete information on the 
applicability of the WARN Act to sequestration provided in an 
Employment and Training Administration's Training and 
Employment Guidance Letter.
    August 7, 2012--Letter to Secretary Hilda L. Solis, U.S. 
Department of Labor, regarding a request for information 
relating to the department's Office of Recovery for Auto 
Communities and Workers to ensure appropriate expenditure of 
taxpayer funds.
    August 8, 2012--Letter to Chairman Mark G. Pearce, National 
Labor Relations Board, regarding a request for a briefing 
related to the Board's newly established Office of the Chief 
Financial Officer.
    August 9, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding a request for information on 
specified department officials in an effort to achieve more 
transparency and openness.
    August 15, 2012--Letter to Secretary Leon Panetta, U.S. 
Department of Defense, regarding the FY2012 National Defense 
Authorization Act's disadvantaging of non-traditional high 
school graduates.
    August 17, 2012--Letter to Assistant Secretary Joe Main, 
Mine Safety and Health Administration, U.S. Department of 
Labor, regarding the Mine Safety and Health Administration's 
efforts to ensure federal personnel do not provide mine 
operators with advanced notification of future mine safety 
inspections.
    August 20, 2012--Letter to Secretary Hilda L. Solis, U.S. 
Department of Labor, regarding a timely response from the 
department to the committee's May 18, 2012 letter 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.
    August 24, 2012--Letter to Secretary Hilda L. Solis, U.S. 
Department of Labor, regarding the department's use of American 
Recovery and Reinvestment Act funds to promote Job Corps' 
``Green Jobs'' training initiatives on MSNBC.
    August 27, 2012--Letter to Comptroller General Gene L. 
Dodaro, U.S. Government Accountability Office, regarding 
discrepancies in the awarding of planning and implementation 
grants related to the Promise Neighborhoods Program.
    August 27, 2012--Letter to Mr. Mike Pigott, McNeely, 
Pigott, & Fox, LLC, regarding its work with the U.S. Department 
of Labor to promote Job Corps' ``Green Jobs'' training 
initiatives on MSNBC.
    August 27, 2012--Letter to Secretary Arne Duncan, U.S. 
Department of Education, regarding the department's 
circumvention of the decision in Association of Private Sector 
Colleges and Universities v. Duncan, pertaining to gainful 
employment regulations.
    September 6, 2012--Letter to Secretary Hilda L. Solis, U.S. 
Department of Labor, regarding a request for information 
relating to the collection of compensation data from federal 
contractors.
    September 7, 2012--Letter to Secretary Kathleen Sebelius, 
U.S. Department of Health and Human Services, regarding a 
request for information relating to the selection process for 
Head Start grant recipients.
    September 12, 2012--Letter to Secretary Timothy Geithner, 
U.S. Department of the Treasury, and Director Joshua Gotbaum, 
Pension Benefit Guaranty Corporation, regarding a request for 
information relating to the federal government's involvement in 
the restructuring of General Motors and pension benefits for 
Delphi Corporation employees.
    September 14, 2012--Letter to Acting Director Jeffrey 
Zients, Office of Management and Budget, regarding a request 
for the administration to brief Chairman Kline and 
Representatives Foxx, Roe, and Walberg on the Department of 
Labor's regulatory agenda.
    September 17, 2012--Letter to Attorney General Eric H. 
Holder, U.S. Department of Justice, regarding allegations by 
the National Labor Relations Board Office of Inspector General 
that the Acting General Counsel for the National Labor 
Relations Board, Lafe Solomon, engaged in ethical and criminal 
misconduct.
    September 18, 2012--Letter to Director Joshua Gotbaum, 
Pension Benefit Guaranty Corporation, regarding questions for 
the record following the hearing ``Examining the Challenges 
Facing PBGC and Defined Benefit Pension Plans'' held on 
February 2, 2012.
    September 24, 2012--Letter to Secretary Hilda L. Solis, 
U.S. Department of Labor, regarding a request for information 
on misleading and incomplete guidance from the Employment and 
Training Administration relating to the applicability of the 
Worker Adjustment and Retraining Notification Act to potential 
sequestration caused layoffs.
    October 5, 2012--Letter to Acting Director Jeffrey Zients, 
Office of Management and Budget, regarding a request for 
information relating to the Office's September 28, 2012 
guidance regarding ``Allowable Contracting Costs Associated 
with the Worker Adjustment and Retraining Notification Act.''
    October 11, 2012--Letter to Comptroller General Gene L. 
Dodaro, U.S. Government Accountability Office, regarding 
Individuals with Disabilities Education Act provisions to 
promote early and less costly methods of dispute resolution.
    October 18, 2012--Letter to Secretary Kathleen Sebelius, 
U.S. Department of Health and Human Services, regarding a 
request for information relating to the results of the Head 
Start ``Third Grade Follow-Up Study'' conducted by the 
department.
    October 18, 2012--Letter to Secretary Tom Vilsack, U.S. 
Department of Agriculture, regarding a request for information 
relating to meal pattern and nutrition requirements for the 
National School Lunch and School Breakfast programs proposed by 
the department.
    October 19, 2012--Letter to Secretary Hilda L. Solis, U.S. 
Department of Labor, Secretary Timothy Geithner, U.S. 
Department of the Treasury, and Director Joshua Gotbaum, 
Pension Benefit Guaranty Corporation, regarding a timely 
issuance of reports by the Pension Benefit Guaranty Corporation 
as mandated under Section 4022 of the Employee Retirement 
Income Security Act of 1974 and Section 221 of the Pension 
Protection Act of 2006.
    October 25, 2012--Letter to Acting Administrator Boris 
Bershteyn, Office of Information and Regulatory Affairs, Office 
of Management and Budget, regarding a request for information 
relating to the publishing of the Spring 2012 and Fall 2012 
Unified Agendas.
    October 26, 2012--Letter to Secretary Hilda L. Solis, U.S. 
Department of Labor, regarding a request for a briefing on, and 
information relating to, the union audit program under the 
Office of Labor Management Standards.
    October 31, 2012--Letter to Comptroller General Gene L. 
Dodaro, U.S. Government Accountability Office, regarding a 
request for a report on the U.S. Department of Agriculture's 
updated nutrition standards for school meal programs under the 
National School Lunch Program.
    November 5, 2012--Letter to Comptroller General Gene L. 
Dodaro, U.S. Accountability Office, regarding a request for a 
report on the U.S. Department of Education's administration of 
the Direct Loan program.
    November 29, 2012--Letter to Chairman Mark G. Pearce, 
National Labor Relations Board, and Acting General Counsel Lafe 
Solomon, National Labor Relations Board, regarding Office of 
Inspector General's finding that personnel in the Division of 
Advice and Region 19 infringed upon statutory prohibitions 
regarding ex parte communications to Board Members.
    December 17, 2012--Letter to Secretary Hilda L. Solis, U.S. 
Department of Labor, regarding a request for information on 
misleading and incomplete guidance from the Employment and 
Training Administration relating to the applicability of the 
Worker Adjustment and Retraining Notification Act to potential 
sequestration caused layoffs.
    December 18, 2012--Letter to Secretary Timothy Geithner, 
U.S. Department of the Treasury, Secretary Hilda L. Solis, U.S. 
Department of Labor, and Secretary Kathleen Sebelius, U.S. 
Department of Health and Human Services, regarding a request 
for information concerning how employers determine whether 
their employees have worked an average of 30 hours per week 
thereby putting the employer at risk of paying new tax 
penalties created in Patient Protection and Affordable Care 
Act.

                       112th Congress Legislation


       LEGISLATION ENACTED INTO LAW--BILLS REFERRED TO COMMITTEE

P.L. 112-25--S. 365, Budget Control Act of 2011 (Sponsor: Sen. 
        Tom Harkin)

P.L. 112-140--H.R. 6064, Temporary Surface Transportation 
        Extension Act of 2012 (Sponsor: Rep. John Mica)

P.L. 112-149--S. 2009, Insular Areas Act of 2011 (Sponsor: Sen. 
        Jeff Bingaman)

P.L. 112-176--S. 3245, a bill to extend by 3 years the 
        authorization of the EB-5 Regional Center Program, the 
        E-Verify Program, the Special Immigrant Nonminister 
        Religious Worker Program, and the Conrad State 30 J-1 
        Visa Waiver Program (Sponsor: Sen. Patrick Leahy)

P.L. 112-204--H.R. 6570, To amend the American Recovery and 
        Reinvestment Act of 2009 and the Emergency Economic 
        Stabilization Act of 2008 to consolidate certain CBO 
        reporting requirements (Sponsor: Rep. Scott Garrett)

     LEGISLATION ENACTED INTO LAW--BILLS NOT REFERRED TO COMMITTEE

P.L. 112-81--H.R. 1540, National Defense Authorization Act for 
        Fiscal Year 2012 (Sponsor: Rep. Howard P. ``Buck'' 
        McKeon)

P.L. 112-141--H.R. 4348, MAP-21 (Sponsor: Rep. John Mica) 
        (incorporates H.R. 4628, Interest Rate Reduction Act)

P.L. 112-???--H.R. 4310, National Defense Authorization Act for 
        Fiscal Year 2013 (Sponsor: Rep. Howard P. ``Buck'' 
        McKeon)

       LEGISLATION PASSED THE HOUSE--BILLS REFERRED TO COMMITTEE

H.R. 2, Repealing the Job-Killing Health Care Law Act (Sponsor: 
        Rep. Eric Cantor)

H.R. 1214, To repeal mandatory funding for school-based health 
        center construction (Sponsor: Rep. Michael Burgess)

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

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

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

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

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

H.R. 4157, Preserving America's Family Farms Act (Sponsor: Rep. 
        Tom Latham)

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

H.R. 4970, Violence Against Women Reauthorization Act of 2012 
        (Sponsor: Rep. Sandy Adams)

H.R. 6079, Repeal of Obamacare Act (Sponsor: Rep. Eric Cantor)

H.R. 6371, Streamlining Claims Processing for Federal 
        Contractor Employees Act (Sponsor: Tim Walberg)

H. Res. 833, Condemning the horrific attacks in Newtown, 
        Connecticut and expressing support and prayers for all 
        those impacted by this tragedy (Sponsor: Christopher S. 
        Murphy)

H.J. Res. 118, Providing for congressional disapproval under 
        chapter 8 of title 5, United States Code, of the rule 
        submitted by the Office of Family Assistance of the 
        Administration for Children and Families of the 
        Department of Health and Human Services relating to 
        waiver and expenditure authority under section 1115 of 
        the Social Security Act (42 U.S.C. 1315) with respect 
        to the Temporary Assistance for Needy Families program 
        (Sponsor: Rep. Dave Camp)

    LEGISLATION PASSED THE HOUSE--BILLS NOT REFERRED TO COMMITTEE, 
       CONTAINING PROVISIONS WITHIN THE COMMITTEE'S JURISDICTION

H. Res. 9, Instructing certain committees to report legislation 
        replace job-killing health care law (Sponsor: Rep. 
        David Dreier)

H. Res. 72, Directing certain standing committees to inventory 
        and review existing, pending, and proposed regulations 
        and orders from agencies of the Federal Government, 
        particularly with respect to the effect on jobs and 
        economic growth (Sponsor: Rep. Pete Sessions)

H. Res. 107, Providing amounts for the expenses of the 
        Committee on Education and the Workforce in the One 
        Hundred Twelfth Congress (Sponsor: Rep. John Kline)

H. Res. 147, Providing for the expenses of certain committees 
        of the House of Representatives in the One Hundred 
        Twelfth Congress (Sponsor: Rep. Dan Lungren)

H. Res. 496, Adjusting the amount provided for the expenses of 
        certain committees of the House of Representatives in 
        the One Hundred Twelfth Congress (Sponsor: Rep. Dan 
        Lungren)

H. Con. Res. 34, Establishing the budget for the United States 
        Government for fiscal year 2012 and setting forth 
        appropriate budgetary levels for fiscal years 2013 
        through 2021 (Sponsor: Rep. Paul Ryan)

H. Con. Res. 112, Establishing the budget for the United States 
        Government for fiscal year 2013 and setting forth 
        appropriate budgetary levels for fiscal years 2014 
        through 2022 (Sponsor: Rep. Paul Ryan)

H.R. 1, Making appropriations for the Department of Defense and 
        the other departments and agencies of the Government 
        for the fiscal year ending September 30, 2011, and for 
        other purposes (Full Year Continuing Appropriations 
        Act, 2011) (Sponsor: Rep. Harold Rogers) (incorporates 
        prohibitions on the use of funds by the U.S. Department 
        of Education to implement and enforce the gainful 
        employment rule)

            CONFERENCES WITH COMMITTEE MEMBERS AS CONFEREES

P.L. 112-81--H.R. 1540, National Defense Authorization Act for 
        Fiscal Year 2012 (Sponsor: Rep. Howard P. ``Buck'' 
        McKeon)

P.L. 112-???--H.R. 4310, National Defense Authorization Act for 
        Fiscal Year 2013 (Sponsor: Rep. Howard P. ``Buck'' 
        McKeon)

                     COMMITTEE ACTIVITY STATISTICS

Total Number of Bills and Resolutions Referred--639
Total Number of Hearings--73
Total Number of Field Hearings--7
Total Number of Bills and Other Committee Materials Considered 
        in Markup Session--14
Total Number of Conferences with E&W Members as Conferees--2
Total Number of Filed Reports--15
Total Number of Bills Within the Committee's Jurisdiction 
        Enacted into Law--5
Total Number of Bills Within the Committee's Jurisdiction 
        Passed the House--14

                             MINORITY VIEWS

    Throughout the 112th Congress, Committee Democrats have 
sought to work with this Committee's Majority whenever possible 
to advance measures that grow and strengthen America's middle 
class. Unfortunately, those opportunities for bipartisanship 
were few and far between. As a result, we end this Congress 
with deep concern over the growing backlog of unresolved 
legislative matters before this Committee which are critically 
important to our country's long-term economic strength.
    K-12 Education. This Congress failed to reauthorize the 
Elementary and Secondary Education Act. Despite our history of 
bipartisanship on K-12 education policy, Committee Republicans 
chose a highly partisan and ideologically-driven ESEA 
reauthorization approach that, if it became law, would take the 
country back decades in education. When the Majority opted for 
partisanship over consensus-driven solutions, reauthorization 
predictably failed, leaving the country with an outdated law 
instead of the modern education system we know our schools, 
communities, families and nation desperately need. Because 
Congress failed to act, the Obama Administration instituted a 
waiver process to drive reforms among the states. But that 
patchwork of policies is no substitute for full ESEA 
reauthorization. Committee Democrats hope that in the 113th 
Congress, Committee Republicans change course and seek out a 
bipartisan reauthorization of ESEA to modernize the elementary 
and secondary education system in our nation.
    Students with Disabilities. Committee Democrats are 
committed to meeting the developmental and educational needs of 
children with disabilities to empower each individual to pursue 
opportunities for independent living and full integration into 
society. To meet these needs, Committee Democrats have 
continued to fight for full funding of the Individuals with 
Disabilities Act (IDEA), which provides schools with resources 
and supports so students with disabilities are held to high 
standards and gain access to general education curriculum. 
IDEA, however, is just one piece of the solution to improve 
outcomes for children with disabilities. Oversight work by 
Committee Democrats this Congress found, through a requested 
GAO study, that students with disabilities face challenges 
accessing federally-funded programs that can provide transition 
services as they leave high school for postsecondary education 
or the workforce. The senior Committee Democrat has urged the 
U.S. Departments of Education, Health and Human Services, the 
Social Security Administration, and Department of Labor to 
minimize these obstacles, and continues to monitor their 
progress.
    Higher Education. Throughout this Congress, Committee 
Democrats fought to protect students' ability to obtain an 
affordable higher education. Republican budget proposals 
repeatedly threatened low and middle-income students' access to 
college financial aid. Fortunately, those cuts to Pell grants 
were successfully averted. And, with certain student loan 
interest rates set to double in July 2012, Committee Democrats 
successfully pressed for congressional action to stop that rate 
hike, making college more affordable for 7.4 million students 
next year. With respect to oversight of higher education and 
student aid programs, Committee Democrats have sought to both 
protect students and safeguard taxpayer funds, requesting 
investigative work on the quality of servicing provided by 
federal student loan servicers, the problems of predatory 
marketing practices and hidden fees in on-campus debit cards 
contracted by some institutions to disburse federal student 
aid, and issues confronting private student borrowers 
attempting to repay their debt. We hope that, with the Higher 
Education Act expiring during the next Congress, 
reauthorization efforts will be aided by this oversight work 
and that the Committee will work together to address the issues 
of college cost and affordability.
    Early Childhood. Despite broad consensus by business, 
school, military, and economic leaders that additional 
strategic investments in early childhood education are 
essential to our country's economic growth and military 
readiness, Committee Republicans failed to take any action on 
this important policy issue. Not a single hearing focused on 
this area despite both Republican and Democratic witnesses at 
other education hearings stressing the critical importance of 
early childhood investments. The achievement gap we see 
throughout elementary and secondary education appears long 
before children enter kindergarten. Committee Democrats are 
committed to improving access to high quality early learning 
opportunities and hope Committee Republicans address this 
important topic in the 113th Congress.
    Child Nutrition. Our jurisdiction over child nutrition 
gives this Committee a critical role in the fight against 
hunger and the childhood obesity epidemic. In the 111th 
Congress, Committee Democrats spearheaded efforts to address 
these issues through the enactment of the Healthy, Hunger-Free 
Kids Act. We continue to defend reforms ensuring food standards 
are based on nutrition and dietary science, not politics. 
Additionally, Committee Democrats have raised grave concerns 
regarding provisions in the House Republicans' Federal 
Agriculture Reform and Risk Management Act (FARRM) which change 
Supplemental Nutrition Assistance Program (SNAP) eligibility 
requirements. As a result of these changes, benefits for 2 to 3 
million people, close to half low-income children, would be 
eliminated. The changes would also impact participants of the 
Free and Reduced Lunch Program, which provides needed food and 
nutrients to children so they can academically compete with 
their peers. These FARRM bill provisions would cause 280,000 
low-income children to lose access to free school lunches. 
Committee Republicans have not acted to examine the effects of 
these policies on children's health, development, and 
education.
    Child Safety. The safety of our children should be of the 
highest priority for this Committee. Despite numerous requests 
from Committee Democrats, Committee Republicans have not held 
hearings to examine a variety of threats to children's safety 
or legislation to address those threats, such as abusive 
seclusion and restraint practices in schools, child abuse in 
residential programs for teens, sexual predators in schools, or 
the health risks for student athletes posed by concussions.
    Jobs. Creating job opportunities and ensuring shared 
prosperity has been a top priority for Committee Democrats in 
this Congress. Committee Democrats repeatedly offered 
amendments in legislative markups to create construction jobs 
through funding for school repair and modernization, prevent 
layoffs of teachers, expand summer youth employment 
opportunities, and stem outsourcing. Unfortunately, all of 
these efforts were rejected by the Majority. From the 
President's American Jobs Act and the Local Jobs for America 
Act to the Pathways Back to Work Act and the Workforce 
Investment Act of 2012, Committee Democrats pursued strategies 
throughout the 112th Congress to create new jobs, build career 
pathways for workers, rethink sector-based workforce 
development, and strengthen the middle class. Unfortunately, 
Committee Republicans failed to act on these critical economic 
proposals.
    National Labor Relations Board (NLRB). Committee 
Republicans committed disproportionate time and resources 
throughout the 112th Congress to criticize the NLRB, holding 
eight hearings attacking the agency and workers' rights to 
organize and collectively bargain. Many of these hearings were 
couched as oversight hearings. But, when reports came to light 
this year that a Republican NLRB Member had committed ethical 
and possibly criminal violations by providing inside 
information to outside parties for their private benefit, the 
Majority held no oversight hearings. This scandal was the most 
corrosive in the Board's history and struck at the heart of the 
agency's adjudicatory and rulemaking functions. Committee 
Democrats believe the resignation of Board Member Terrence 
Flynn in response to investigative findings by the Board's 
Inspector General was appropriate and necessary. Moreover, in 
lieu of moving the aforementioned jobs bills, Committee 
Republicans moved partisan bills to cripple the NLRB's ability 
to protect workers' rights. In the coming Congress, Committee 
Democrats will remain vigilant in overseeing the effective and 
efficient operation of the NLRB and promoting and strengthening 
workers' rights. The free exercise of those rights helped build 
America's middle class, and the highly politicized and divisive 
attacks on those rights that we have seen this past Congress 
and in legislatures around the country threaten the foundations 
of that middle class.
    Wages and Hours. This past Congress saw a variety of 
attacks on the right of workers to a prevailing wage. 
Fortunately, efforts to strip Davis-Bacon protections for 
construction workers on federally-funded projects were 
repeatedly defeated on the House Floor. While Committee 
Republicans failed to call hearings or take other action on 
critically important wage and hour issues, ranging from wage 
theft to worker misclassification to the need for a minimum 
wage increase, Committee Democrats will press to give these 
matters urgently needed attention in the next Congress.
    Mine Safety and Health. Committee Democrats pressed for 
bipartisan efforts to reform mine safety law this Congress, but 
those efforts were rebuffed by Committee Republicans. 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 2010 Upper Big Branch (UBB) mine 
disaster, Committee Republicans maintained they would wait for 
all of the UBB accident investigation reports to be completed 
before considering legislative reforms. Key reports have been 
in hand for more than a year, and yet there has been no 
legislative action. Family members of deceased UBB miners met 
with Republican and Democratic leaders of the Committee, asking 
them to take legislative action. Still, no action has been 
taken. Democrats introduced the Robert C. Byrd Mine Safety 
Protection Act, 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 the meantime, Committee Democrats have continued 
their oversight of safety problems at the Massey Energy mines 
which were acquired by Alpha Natural Resources in June 2011, 
including an inspection of the Road Fork #51 mine in Wyoming 
County, West Virginia. 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. In 2011, 4,609 workers were 
killed on the job from traumatic injuries, according to 
preliminary data from the Bureau of Labor Statistics, and there 
were at least 3.2 million occupational injuries/illnesses. 
Disabling injuries cost the economy between $159 and $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 require 
employers to find and fix hazards as part of an injury and 
illness prevention program, to prevent silicosis, and 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 our nation's job safety laws 
must be strengthened. The Protecting America's Workers Act 
would bring the Occupational Safety and Health Act of 1970 into 
the 21st century. The Offshore Oil and Gas Worker Whistleblower 
Protection Act 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 would speed the adoption 
of regulations needed to prevent combustible dust explosions 
and fires. The Private Sector Whistleblower Protection 
Streamlining Act of 2012 would broaden whistleblower 
protections for workers to sectors of the economy that remain 
without such protections. Unfortunately, none of these 
important bills have received a hearing in this Congress.
    Workers Compensation Programs. In response to requests from 
Committee Democrats and Republicans, the Government 
Accountability Office (GAO) has issued several reports which 
documented the impacts from proposed legislation which would 
cut workers' compensation benefits under the Federal Employees 
Compensation Act for federal and postal workers injured or 
killed in the line of duty. Committee Democrats have worked to 
ensure that federal and postal workers are not made 
economically worse off from injuries incurred in the line of 
duty than if they had not been injured in the first place, 
while ensuring taxpayers' interests are fairly protected 
through necessary program integrity measures.
    Health Care. Since the Affordable Care Act was signed into 
law nearly three years ago, it has been under relentless 
assault by the Majority. House Republicans voted to repeal all 
or part of the law more than 30 times during this Congress. 
This Committee held a half dozen hearings to criticize the law. 
These efforts, however, have ignored the positive impact the 
ACA is already having on families across this country. The ACA 
is resulting in real savings and greater health care security 
for millions of families and has helped strengthen the economy. 
Its provisions protect American families against some of the 
worst abuses of the health insurance industry. The law's 
Medical Loss Ratio Requirement saved Americans nearly $1.5 
billion in 2011. 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 now have coverage through their 
parents' plan. Seniors have also seen greater access to 
coverage and lower costs. More than 5.8 million seniors who hit 
the prescription drug donut hole have saved more than $5 
billion. This year alone, nearly 3 million seniors have saved 
an average of $677. More than 32 million have also received 
free preventative benefits. 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. With ACA health exchanges due to open in 2014, 
Committee Democrats remain committed to ensuring that the ACA 
is fully and properly implemented.
    Retirement Security. Retirement security remains a critical 
concern. Over half of Americans do not believe they will have 
adequate income to retire. 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 several 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 backstop, 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, thanks to investigations 
initiated by Committee Democrats, 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 strengthen and expand employer based retirement 
plans, ensure adequate funding for such plans, and improve the 
effectiveness of federal programs that guarantee delivery of 
promised retirement benefits.
    Civil Rights. Committee Republicans have remained largely 
silent on civil rights issues throughout the 112th Congress. 
Despite the fact that private sector bias charges are at an 
all-time high, the Majority only held one hearing this Congress 
on civil rights issues. The hearing was held to criticize 
efforts by the Office of Federal Contractor Compliance Programs 
(OFCCP) to strengthen civil rights protections for employees of 
Federal contractors. Strengthening this nation's civil rights 
laws remains a priority for Committee Democrats who will 
continue to press for the consideration 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.
                                   Dale E. Kildee.
                                   Rush D. Holt.
                                   Ruben Hinojosa.
                                   Dennis J. Kucinich.
                                   Robert C. Scott.
                                   Susan A. Davis.
                                   Marcia L. Fudge.
                                   John F. Tierney.
                                   Lynn C. Woolsey.
                                   Timothy H. Bishop.
                                   Robert E. Andrews.
                                   Dave Loebsack.
                                   Carolyn McCarthy.
                                   Raul M. Grijalva.
                                   Mazie K. Hirono.
                                   Jason Altmire.

                                  
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