[House Report 113-725]
[From the U.S. Government Publishing Office]
Union Calendar No. 556
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-725
_______________________________________________________________________
REPORT ON THE ACTIVITIES
of the
COMMITTEE ON EDUCATION AND
THE WORKFORCE
for the
SECOND SESSION OF THE 113TH CONGRESS
together with
MINORITY VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 2, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-006 WASHINGTON : 2014
COMMITTEE ON EDUCATION AND THE WORKFORCE
JOHN KLINE, Minnesota, Chairman
Republicans Democrats
JOHN KLINE, Minnesota GEORGE MILLER, California
Chairman Senior Democratic Member
THOMAS E. PETRI, Wisconsin ROBERT C. ``BOBBY'' SCOTT,
HOWARD P. ``BUCK'' McKEON, Virginia
California RUBEEN HINOJOSA, Texas
JOE WILSON, South Carolina CAROLYN McCARTHY, New York
VIRGINIA FOXX, North Carolina JOHN F. TIERNEY, Massachusetts
TOM PRICE, Georgia RUSH HOLT, New Jersey
KENNY MARCHANT, Texas SUSAN A. DAVIS, California
DUNCAN HUNTER, California RAUUL M. GRIJALVA, Arizona
DAVID P. ROE, Tennessee TIMOTHY H. BISHOP, New York
GLENN THOMPSON, Pennsylvania DAVID LOEBSACK, Iowa
TIM WALBERG, Michigan JOE COURTNEY, Connecticut
MATT SALMON, Arizona MARCIA L. FUDGE, Ohio
BRETT GUTHRIE, Kentucky JARED POLIS, Colorado
SCOTT DesJARLAIS, Tennessee GREGORIO SABLAN, N. Mariana
TODD ROKITA, Indiana Islands
LARRY BUCSHON, Indiana FREDERICA S. WILSON, Florida
LOU BARLETTA, Pennsylvania SUZANNE BONAMICI, Oregon
JOSEPH J. HECK, Nevada MARK POCAN, Wisconsin
MIKE KELLY, Pennsylvania MARK TAKANO, California
SUSAN W. BROOKS, Indiana
RICHARD HUDSON, North Carolina
LUKE MESSER, Indiana
BRADLEY BYRNE, Alabama
----------
On October 15, 2013, Representative John A. Yarmuth of Kentucky
resigned from the Committee on Education and the Workforce. On October
29, 2013, Representative Mark Pocan of Wisconsin was elected to the
Committee on Education and the Workforce. On December 11, 2013,
Representative Martha Roby of Alabama resigned from the Committee on
Education and the Workforce. On February 14, 2014, Representative
Robert E. Andrews of New Jersey resigned from the Committee on
Education and the Workforce. On April 1, 2014, Representative Mark
Takano of California was elected to the Committee on Education and the
Workforce. On April 8, 2014, Representative Bradley Byrne of Alabama
was elected to the Committee on Education and the Workforce. On May 29,
2014, Representative Mike Kelly of Pennsylvania was elected to the
Committee on Education and the Workforce.
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; Gallaudet University; and Howard University and
Hospital.
SUBCOMMITTEE ON EARLY CHILDHOOD, ELEMENTARY, AND SECONDARY EDUCATION
TODD ROKITA, Indiana, Chairman
JOHN KLINE, Minnesota DAVID LOEBSACK, Iowa
THOMAS E. PETRI, Wisconsin Ranking Member
VIRGINIA FOXX, North Carolina ROBERT C. ``BOBBY'' SCOTT,
KENNY MARCHANT, Texas Virginia
DUNCAN HUNTER, California CAROLYN McCARTHY, New York
DAVID P. ROE, Tennessee SUSAN A. DAVIS, California
GLENN THOMPSON, Pennsylvania RAUUL M. GRIJALVA, Arizona
SUSAN W. BROOKS, Indiana MARCIA L. FUDGE, Ohio
BRADLEY BYRNE, Alabama JARED POLIS, Colorado
GREGORIO SABLAN, N. Mariana
Islands
----------
The Subcommittee on Early Childhood, Elementary, and Secondary
Education has jurisdiction over all matters 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 HEALTH, EMPLOYMENT, LABOR, AND PENSIONS
DAVID P. ROE, Tennessee, Chairman
JOE WILSON, South Carolina JOHN TIERNEY, Massachusetts
TOM PRICE, Georgia Ranking Member
KENNY MARCHANT, Texas RUSH HOLT, New Jersey
MATT SALMON, Arizona MARK POCAN, Wisconsin
BRETT GUTHRIE, Kentucky ROBERT C. ``BOBBY'' SCOTT,
SCOTT DesJARLAIS, Tennessee Virginia
LARRY BUCSHON, Indiana RUBEEN HINOJOSA, Texas
LOU BARLETTA, Pennsylvania DAVID LOEBSACK, Iowa
JOSEPH J. HECK, Nevada JOE COURTNEY, Connecticut
MIKE KELLY, Pennsylvania JARED POLIS, Colorado
SUSAN W. BROOKS, Indiana GREGORIO SABLAN, N. Mariana
LUKE MESSER, Indiana Islands
BRADLEY BYRNE, Alabama FREDERICA S. WILSON, Florida
SUZANNE BONAMICI, Oregon
----------
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; and employment-related health and retirement security,
including pension, health, and other employee benefits and the Employee
Retirement Income Security Act (ERISA).
SUBCOMMITTEE ON HIGHER EDUCATION AND WORKFORCE TRAINING
VIRGINIA FOXX, North Carolina, Chairwoman
THOMAS E. PETRI, Wisconsin RUBEEN HINOJOSA, Texas
HOWARD P. ``BUCK'' McKEON, Ranking Member
California TIMOTHY H. BISHOP, New York
GLENN THOMPSON, Pennsylvania FREDERICA S. WILSON, Florida
TIM WALBERG, Michigan SUZANNE BONAMICI, Oregon
MATT SALMON, Arizona MARK TAKANO, California
BRETT GUTHRIE, Kentucky CAROLYN McCARTHY, New York
LOU BARLETTA, Pennsylvania JOHN F. TIERNEY, Massachusetts
JOSEPH J. HECK, Nevada RUSH HOLT, New Jersey
SUSAN W. BROOKS, Indiana SUSAN A. DAVIS, California
RICHARD HUDSON, North Carolina
LUKE MESSER, Indiana
----------
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 WORKFORCE PROTECTIONS
TIM WALBERG, Michigan, Chairman
JOHN KLINE, Minnesota JOE COURTNEY, Connecticut
TOM PRICE, Georgia Ranking Member
DUNCAN HUNTER, California RAUUL M. GRIJALVA, Arizona
SCOTT DesJARLAIS, Tennessee TIMOTHY H. BISHOP, New York
TODD ROKITA, Indiana MARCIA L. FUDGE, Ohio
LARRY BUCSHON, Indiana MARK POCAN, Wisconsin
RICHARD HUDSON, North Carolina MARK TAKANO, California
----------
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; 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; and all matters
related to equal employment opportunity and civil rights in employment.
LETTER OF TRANSMITTAL
----------
Committee on Education and the Workforce,
House of Representatives,
Washington, DC, December 23, 2014.
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 hereby
transmit the Report on the Activities of the Committee on
Education and the Workforce for the Second Session of the 113th
Congress. This report summarizes the activities of the
committee during the Second Session of the 113th Congress with
respect to its legislative and oversight responsibilities. I
circulated this report to all members on December 17, 2014, and
received minority views, which are included in this report.
Sincerely,
John Kline,
Chairman.
C O N T E N T S
Page
Letter of Transmittal............................................ V
Introduction..................................................... 1
Full Committee................................................... 4
Hearings..................................................... 4
Markups...................................................... 6
Subcommittee on Early Childhood, Elementary, and Secondary
Education--Hearings............................................ 7
Subcommittee on Health, Employment, Labor, and Pensions--Hearings 8
Subcommittee on Higher Education and Workforce Training--Hearings 10
Subcommittee on Workforce Protections--Hearings.................. 11
Legislation Referred to Committee with House Passage............. 13
Legislation Referred to Committee Enacted into Law............... 13
Legislation within Committee Jurisdiction Enacted into Law....... 14
Oversight Plan Summary and Correspondence........................ 14
Committee Activity Statistics.................................... 18
Minority Views................................................... 19
Union Calendar No. 556
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-725
======================================================================
REPORT ON THE ACTIVITIES OF THE COMMITTEE ON EDUCATION AND THE
WORKFORCE FOR THE SECOND SESSION OF THE 113TH CONGRESS
_______
January 2, 2015.--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 Chairman John Kline (R-MN) in 2014,
the House Committee on Education and the Workforce continued
its efforts to improve our education system, support working
families, and help more Americans pursue a life of prosperity
and opportunity. Providing individuals the knowledge and skills
necessary to compete in the workforce and encouraging private-
sector job growth remained at the forefront of the committee's
agenda.
Fixing a broken workforce development system has been a
leading committee priority in the 113th Congress. For example
in 2013, the committee successfully advanced H.R. 803,
Supporting Knowledge and Investing in Lifelong Skills Act. The
legislation reflects key principles necessary to a modern
workforce training system, such as connecting individuals with
in-demand jobs, providing strong accountability over the use of
taxpayer dollars, and streamlining a confusing and cumbersome
workforce development bureaucracy.
The committee's work continued in 2014, when after months
of bipartisan, bicameral discussions, leaders in the House and
Senate reached agreement in May 2014 on a proposal to
strengthen the federal workforce development system. The
resulting legislation, the Workforce Innovation and Opportunity
Act, is the first comprehensive job training reform legislation
to pass Congress in more than 15 years. Signed into law on July
22, 2014, the bipartisan law is an important legislative
achievement that will help put Americans back to work. The
committee is working closely with the administration and key
lawmakers to ensure the law is appropriately implemented and
will continue to do so in the new Congress.
Building on the success surrounding workforce training, the
committee advanced a number of legislative proposals to
strengthen higher education. In June, Chairman Kline and Higher
Education and Workforce Training Subcommittee Chairwoman
Virginia Foxx (R-NC) released a white paper outlining
principles to enhance access to postsecondary education,
including improving federal student aid, empowering students
and families, and promoting innovation, access, and completion.
The committee ushered through the House with strong
bipartisan support three bills that begin turning these
principles into concrete legislative solutions. For example,
the House passed the Advancing Competency-Based Education
Demonstration Project Act of 2014 (H.R. 3136) to foster more
innovative approaches and improved access to higher education
and the Strengthening Transparency in Higher Education Act
(H.R. 4983) to help provide students and families the
information they need to make smart decisions.
Following more than a year of Senate inaction, the
committee considered bipartisan legislation that would allow
successful charter school models to be replicated nationwide in
order to support more choice, innovation, and excellence in
elementary and secondary education. Introduced by Chairman
Kline and Senior Democratic Member George Miller (D-CA), the
Success and Opportunity through Quality Charter Schools Act
(H.R. 10) passed the House on May 9, 2014, with overwhelming
bipartisan support.
The committee also advanced legislation enhancing the
federal education research structure to help provide states
better information and data to raise student achievement.
Introduced by Early Childhood, Elementary, and Secondary
Education Subcommittee Chairman Todd Rokita (R-IN) and Ranking
Member Carolyn McCarthy (D-NY), the Strengthening Education
through Research Act (H.R. 4366) passed the House in May 2014.
The committee also bolstered our commitment to protecting
vulnerable youth, with the House passing several bipartisan
proposals authored by committee members that will help identify
and support youth who are victims of sex trafficking.
Additionally, committee leaders championed legislation to
improve child care support for low-income families. Signed into
law on November 19, 2014, a bipartisan, bicameral agreement
reformed and reauthorized--for the first time in almost 20
years--the Child Care and Development Block Grant Act of 2014
to expand transparency, strengthen health and safety
protections, and enhance the quality of care.
As the committee worked to enact bold education reforms and
champion the safety of our nation's youth, it also advanced
policies to roll back the job-destroying agenda of the National
Labor Relations Board (NLRB). In recent years, the NLRB has
pushed an ambush union election scheme that will stifle
employer free speech, cripple worker free choice, and
jeopardize the privacy of workers and their families (ambush
elections). The board is also creating division amongst workers
and tying employers up in union red tape by adhering to its
unprecedented Specialty Healthcare decision.
Two legislative proposals were introduced in response to
the NLRB's radical activism. First, the committee passed the
Workforce Democracy and Fairness Act (H.R. 4320). Introduced by
Chairman Kline, the bill will ensure all parties--employers,
workers, and union leaders--have access to a fair union
election process. During committee consideration, the
legislation was amended to address the board's Specialty
Healthcare decision, codifying policies that have served
workplaces well for decades.
Second, the committee advanced legislation to protect the
privacy of working families. The NLRB's ambush election rule
would provide union leaders a host of employee personal
information, including home addresses, work schedules, and
email addresses. Health, Employment, Labor, and Pensions
Subcommittee Chairman Phil Roe (R-TN) introduced the Employee
Privacy Protection Act (H.R. 4321) to empower employees in
controlling the disclosure of their personal information.
Committee members firmly believe the privacy of our nation's
workers should be strengthened, not weakened by an unelected
labor board.
Committee leaders also took decisive action to avoid a
looming pension crisis that would destroy jobs and diminish the
retirement security of millions of Americans. After more than
two years of legislative work--including six hearings and
months of negotiations, Chairman Kline and Senior Democratic
Member George Miller unveiled a multiemployer pension reform
agreement that provides trustees new tools to rescue
multiemployer plans facing insolvency. Included as part of the
2015 omnibus spending bill, the bipartisan agreement will help
avert a devastating crisis and protect the best interests of
workers, employers, retirees, and taxpayers.
In addition to crafting and advancing commonsense
legislation, the committee has also promoted its agenda for
students and working families through aggressive oversight. Too
often the policies of the Obama administration make it more
difficult for schools to provide the quality education students
need and for businesses to create jobs.
The committee worked to hold the administration accountable
for policies that: (1) deny students access to the school of
their choice (gainful employment); (2) give the federal
government unprecedented control over the nation's classrooms
(conditional waivers); (3) discard a franchise business model
that has served employers, workers, and consumers for decades
(joint employer); and (4) threaten employers with costly audits
and litigation without any evidence of wrongdoing (enforcement
actions of the Equal Employment Opportunity Commission).
In the 114th Congress, the committee will continue to
challenge the administration whenever its priorities hurt the
strength and competitiveness of the nation's classrooms and
workplaces. The committee will also continue looking for
opportunities to forge bipartisan consensus and advance
commonsense reforms that will help all Americans pursue
opportunity and prosperity for their families.
FULL COMMITTEE
HEARINGS
In the second session of the 113th Congress, nine full
committee hearings were held, including two field hearings.
February 5, 2014--``The Foundation for Success: Discussing Early
Childhood Education and Care in America''
The purpose of the hearing was to discuss federal
investment in early childhood development and explore
opportunities to better support the nation's youngest citizens.
Witnesses: Ms. Kay E. Brown, Director for Education,
Workforce, and Income Security Issues, Government
Accountability Office, Washington, D.C.; Dr. Grover J. ``Russ''
Whitehurst, Senior Fellow & Director of the Brown Center on
Education Policy, Brookings Institution, Washington, D.C.; Ms.
Harriet Dichter, Executive Director, Delaware Office of Early
Learning, Wilmington, Delaware; and Dr. Elanna S. Yalow, Chief
Executive Officer, Knowledge Universe Early Learning Programs,
Portland, Oregon.
March 5, 2014--``Culture of Union Favoritism: The Return of the NLRB's
Ambush Election Rule''
The purpose of the hearing was to examine the February 6,
2014, proposed ambush election rule, which would considerably
shorten the time between the filing of the petition and the
election date as well as substantially limit the opportunity
for a full evidentiary hearing or National Labor Relations
Board (NLRB) resolution of contested issues, including
appropriate bargaining unit, voter eligibility, and election
misconduct.
Witnesses: Ms. Doreen S. Davis, Partner, Jones Day, New
York, New York; Mr. Steve Browne, Vice President of Human
Resources, LaRosa, Cincinnati, Ohio; Ms. Caren P. Sencer,
Shareholder, Weinberg, Roger & Rosenfeld P.C., Alameda,
California; and Mr. William Messenger, Staff Attorney, National
Right to Work Legal Defense Foundation, Inc., Springfield,
Virginia.
March 12, 2014--``Raising the Bar: The Role of Charter Schools in K-12
Education''
The purpose of the hearing was to highlight the role
charter schools play in improving K-12 education and to discuss
innovative public school choice models from across the country.
Witnesses: Dr. Deborah McGriff, Chair of the Board,
National Alliance for Public Charter Schools, Milwaukee,
Wisconsin; Mrs. Lisa Graham Keegan, Chair of the Board,
National Association of Charter School Authorizers, Peoria,
Arizona; Mr. David Linzey, Executive Director, Clayton Valley
Charter High School, Concord, California; Ms. Alyssa Whitehead-
Bust, Chief of Innovation and Reform, Denver Public Schools,
Denver, Colorado; and Mr. Alan Rosskamm, Chief Executive
Officer, Breakthrough Schools, Cleveland, Ohio.
March 18, 2014--``Reviving Our Economy: How Career and Technical
Education Can Strengthen the Workforce'' (Field Hearing in Las
Vegas, Nevada)
The purpose of this hearing was to discuss ways education
and skills training can strengthen our economy and to talk with
community leaders about state and local solutions to education
and workforce needs.
Witnesses: Ms. Felicia Nemcek, Principal, Southwest Career
and Technical Academy, Las Vegas, Nevada; Dr. Michael Spangler,
Dean, School of Advanced & Applied Technologies-College of
Southern Nevada, North Las Vegas, Nevada; Ms. Kacy Qua, Founder
and Chief Executive Officer, Qualifyor, Las Vegas, Nevada; Mr.
Alan Aleman, Student, College of Southern Nevada, North Las
Vegas, Nevada; Professor Angela Morrison, Visiting Professor,
William S. Boyd School of Law, University of Nevada-Las Vegas,
Las Vegas, Nevada; and Mr. Frank R. Woodbeck, Director, Nevada
Department of Employment, Training & Rehabilitation, Las Vegas,
Nevada.
March 20, 2014--``Reviving our Economy: Supporting a 21st Century
Workforce'' (Field Hearing in Mesa, Arizona)
The purpose of the hearing was to explore the role of local
higher education institutions in fostering job creation and
growth through innovative partnerships with the business
community and new modes of teaching delivery.
Witnesses: The Honorable Rick Heumann, Vice Mayor, City of
Chandler, Arizona; Ms. Cathleen Barton, Education Manager,
Intel Corporate Affairs, Southwestern United States, Intel
Corporation, Chandler, Arizona; Mr. Lee D. Lambert, J.D.,
Chancellor, Pima Community College, Tucson, Arizona; Dr.
William Pepicello, President, University of Phoenix, Tempe,
Arizona; Dr. Michael Crow, President, Arizona State University,
Tempe, Arizona; Dr. Ann Weaver Hart, President, The University
of Arizona, Tucson, Arizona; Dr. Ernest A. Lara, President,
Estrella Mountain Community College, Avondale, Arizona; and Ms.
Christy Farley, Vice President of Government Affairs and
Business Partnerships, Northern Arizona University, Phoenix,
Arizona.
March 26, 2014--``Reviewing the President's Fiscal Year 2015 Budget
Proposal for the Department of Labor''
The purpose of this hearing was to examine the president's
fiscal year 2015 budget request for the U.S. Department of
Labor.
Witness: The Honorable Thomas E. Perez, Secretary, U.S.
Department of Labor, Washington, D.C.
April 2, 2014--``Keeping College Within Reach: Meeting the Needs of
Contemporary Students''
The purpose of the hearing was to examine how institutions,
states, and other entities assist contemporary college students
in accessing and completing postsecondary education.
Witnesses: Dr. George A. Pruitt, President, Thomas Edison
State College, Trenton, New Jersey; Dr. Kevin Gilligan,
Chairman and Chief Executive Officer, Capella Education
Company, Minneapolis, Minnesota; Mr. David Moldoff, Chief
Executive Officer and Founder, AcademyOne, Inc., West Chester,
Pennsylvania; Dr. Joann A. Boughman, Senior Vice Chancellor for
Academic Affairs, University System of Maryland, Adelphi,
Maryland; Mr. Stan Jones, President, Complete College America,
Indianapolis, Indiana; and Dr. Brooks A. Keel, President,
Georgia Southern University, Statesboro, Georgia.
April 29, 2014--``Reviewing the President's Fiscal Year 2015 Budget
Proposal for the Department of Education''
The purpose of this hearing was to examine the president's
fiscal year 2015 budget request for the U.S. Department of
Education.
Witness: The Honorable Arne Duncan, Secretary, U.S.
Department of Education, Washington, D.C.
May 8, 2014--``Big Labor on College Campuses: Examining the
Consequences of Unionizing Student Athletes''
The purpose of this hearing was to discuss the negative
effects of a recent National Labor Relations Board decision
allowing the unionization of student athletes.
Witnesses: The Honorable Ken Starr, President and
Chancellor, Baylor University, Waco, Texas; Mr. Bradford L.
Livingston, Partner, Seyfarth Shaw LLP, Chicago, Illinois; Mr.
Andy Schwarz, Partner, OSKR LLC, Emeryville, California; Mr.
Bernard M. Muir, Director of Athletics, Stanford University,
Stanford, California; and Mr. Patrick C. Eilers, Managing
Director, Madison Dearborn Partners, Chicago, Illinois.
MARKUPS
In the second session of the 113th Congress, the full
committee held seven markups and one business meeting. The
committee filed seven legislative reports. No subcommittee
markups were held.
April 8, 2014--H.R. 4366, Strengthening Education Through Research Act
(Sponsor: Rep. Todd Rokita)
H.R. 4366 was ordered favorably reported to the House, as
amended, by voice vote on April 8, 2014. The committee report
was filed on April 29, 2014 (House Report 113-424).
April 8, 2014--H.R. 10, Success and Opportunity Through Quality Charter
Schools Act (Sponsor: Rep. John Kline)
H.R. 10 was ordered favorably reported to the House, as
amended, by a vote of 36-3 on April 8, 2014. The committee
report was filed on April 29, 2014 (House Report 113-423).
April 9, 2014--H.R. 4321, Employee Privacy Protection Act (Sponsor:
Rep. David P. Roe)
H.R. 4321 was ordered favorably reported to the House, as
amended, by a vote of 21-17 on April 9, 2014. The committee
report was filed on September 9, 2014 (House Report 113-583).
April 9, 2014--H.R. 4320, Workforce Democracy and Fairness Act
(Sponsor: Rep. John Kline)
H.R. 4320 was ordered favorably reported to the House, as
amended, by a vote of 21-14 on April 9, 2014. The committee
report was filed on December 9, 2014 (House Report 113-653).
June 24, 2014--Meeting to assign recently elected Members to
subcommittees.
July 10, 2014--H.R. 3136, Advancing Competency-Based Education
Demonstration Project Act of 2014 (Sponsor: Rep. Matt Salmon)
H.R. 3136 was ordered favorably reported to the House, as
amended, by voice vote on July 10, 2014. The committee report
was filed on July 17, 2014 (House Report 113-529).
July 10, 2014--H.R. 4984, Empowering Students Through Enhanced
Financial Counseling Act (Sponsor: Rep. Brett Guthrie)
H.R. 4984 was ordered favorably reported to the House, as
amended, by voice vote on July 10, 2014. The committee report
was filed on July 17, 2014 (House Report 113-531).
July 10, 2014--H.R. 4983, Strengthening Transparency in Higher
Education Act (Sponsor: Rep. Virginia Foxx)
H.R. 4983 was ordered favorably reported to the House, as
amended, by voice vote on July 10, 2014. The committee report
was filed on July 17, 2014 (House Report 113-530).
Subcommittee on Early Childhood, Elementary, and Secondary Education
HEARINGS
In the second session of the 113th Congress, the
Subcommittee on Early Childhood, Elementary, and Secondary
Education held five hearings, including three joint hearings.
February 27, 2014--``Exploring Efforts to Strengthen the Teaching
Profession'' (Joint Hearing with the Subcommittee on Higher
Education and Workforce Training)
The purpose of the hearing was to discuss the state of
teacher preparation nationwide.
Witnesses: Dr. Deborah A. Gist, Commissioner, Rhode Island
Department of Elementary and Secondary Education, Providence,
Rhode Island; Dr. Marcy Singer-Gabella, Professor of the
Practice of Education, Vanderbilt University, Nashville,
Tennessee; Dr. Heather Peske, Associate Commissioner for
Educator Quality, Massachusetts Department of Elementary and
Secondary Education, Malden, Massachusetts; and Ms. Christina
Hall, Co-Founder and Co-Director, Urban Teacher Center,
Baltimore, Maryland.
March 25, 2014--``The Foundation for Success: Strengthening the Child
Care and Development Block Grant Program''
The purpose of this hearing was to discuss the committee's
priorities for reauthorizing the Child Care and Development
Block Grant Act and examine opportunities to improve the
quality of the program's child care services.
Witnesses: Ms. Paula Koos, Executive Director, Oklahoma
Child Care Resource & Referral Association, Inc. Oklahoma City,
Oklahoma; Mrs. Linda Kostantenaco, President, National Child
Care Association, Washington, D.C.; Dr. Olivia Golden,
Executive Director, Center for Law and Social Policy,
Washington, D.C.; and Ms. Gloria Jarmon, Deputy Inspector
General for Audit Services, Office of the Inspector General,
U.S. Department of Health and Human Services, Washington, D.C.
June 25, 2014--``How Data Mining Threatens Student Privacy'' (Joint
Hearing with the Committee on Homeland Security's Subcommittee
on Cybersecurity, Infrastructure Protection, and Security
Technologies)
The purpose of this hearing was to examine the mining and
retention of student data and the potential privacy and
security risks this poses to students' personally identifiable
information.
Witnesses: Mr. Joel R. Reidenberg, Stanley D. and Nikki
Waxberg, Chair and Professor of Law, Founding Academic
Director, Center on Law and Information Policy, Fordham
University School of Law, New York, New York; Mr. Mark
MacCarthy, Vice President, Public Policy, Software and
Information Industry Association, Washington, D.C.; Ms. Joyce
Popp, Chief Information Officer, Idaho State Department of
Education, Boise, Idaho; and Mr. Thomas Murray, State and
District Digital Learning Policy and Advocacy Director,
Alliance for Excellent Education, Washington, D.C.
July 15, 2014--``Protecting America's Youth: An Update from the
National Center for Missing and Exploited Children''
The purpose of this hearing was to discuss the ongoing work
of the National Center for Missing and Exploited Children to
protect children and return victims to their families.
Witness: Mr. John D. Ryan, President and Chief Executive
Officer, National Center for Missing & Exploited Children,
Alexandria, Virginia.
September 10, 2014--``Improving Department of Education Policies and
Programs Through Independent Oversight'' (Joint Hearing with
the Subcommittee on Higher Education and Workforce Training)
The purpose of this hearing was to discuss recommendations
from the Government Accountability Office and the U.S.
Department of Education Office of Inspector General on ways to
improve department services and save taxpayer dollars.
Witnesses: The Honorable Kathleen Tighe, Inspector General,
U.S. Department of Education, Washington, D.C.; and Ms.
Jacqueline Nowicki, Acting Director, Education, Workforce and
Income Security Issues, U.S. Government Accountability Office,
Boston, Massachusetts; accompanied by Ms. Melissa Emrey-Arras,
Director, Education, Workforce and Income Security Issues, U.S.
Government Accountability Office, Boston, Massachusetts.
Subcommittee on Health, Employment, Labor, and Pensions
HEARINGS
In the second session of the 113th Congress, the
Subcommittee on Health, Employment, Labor, and Pensions held
four hearings, including one field hearing.
February 26, 2014--``Providing Access to Affordable, Flexible Health
Plans through Self-Insurance''
The purpose of this hearing was to examine the benefits of
self-insurance and discuss concerns about regulating stop-loss
insurance at the federal level.
Witnesses: Mr. Michael Ferguson, President and CEO, Self-
Insurance Institute of America (SIIA), Simpsonville, South
Carolina; Mr. Wes Kelley, Executive Director, Columbia Power
and Water Systems, Columbia, Tennessee; Ms. Maura Calsyn,
Director of Health Policy, Center for American Progress,
Washington, D.C.; and Mr. Robert Melillo, National Vice
President of Risk Financing Solutions, USI Insurance,
Glastonbury, Connecticut.
June 24, 2014--``What Should Workers and Employers Expect Next From the
National Labor Relations Board?''
The purpose of this hearing was to discuss the continued
oversight of the National Labor Relations Board and its
commitment to defending the rights of workers and employers.
Witnesses: Mr. Andrew F. Puzder, CEO, CKE Restaurants,
Carpinteria, California; Mr. Seth H. Borden, Partner, McKenna
Long & Aldridge LLP, New York, New York; Mr. James Coppess,
Associate General Counsel, AFL-CIO, Washington, D.C.; and Mr.
G. Roger King, Of Counsel, Jones Day, Columbus, Ohio.
September 4, 2014--``The Effects of the President's Health Care Law on
Indiana's Classrooms and Workplaces'' (Field Hearing in
Greenfield, Indiana)
The purpose of this hearing was to learn how the health
care law is affecting Indiana's schools and workplaces.
Witnesses: Mr. Mike Shafer, Chief Financial Officer
Zionsville Community Schools, Zionsville, Indiana; Mr. Tom
Snyder, President, Ivy Tech Community College, Indianapolis,
Indiana; Mr. Danny Tanoos, Superintendent, Vigo County School
Corporation, Terre Haute, Indiana; Mr. Tom Forkner, President,
Anderson Federation of Teachers, AFT Local 519, Anderson,
Indiana; Mr. Mark DeFabis, President and Chief Executive
Officer, Integrated Distribution Services, Plainfield, Indiana;
Mr. Nate LaMar, International Regional Manager, Draper, Inc.,
Spiceland, Indiana; Mr. Dan Wolfe, Owner, Wolfe's Auto Auction,
Terre Haute, Indiana; and Dr. Robert Stone, Director of
Palliative Care, IU Health Bloomington Hospital, Bloomington,
Indiana.
September 9, 2014--``Expanding Joint Employer Status: What Does it Mean
for Workers and Job Creators?''
The purpose of this hearing was to examine efforts by the
National Labor Relations Board to rewrite how the agency
determines joint employer status under the National Labor
Relations Act.
Witnesses: Mr. Todd Duffield, Shareholder, Ogletree,
Deakins, Nash, Smoak & Stewart, PC, Atlanta, Georgia; Mr. Clint
Ehlers, Owner, FASTSIGNS of Lancaster and Willow Grove,
Lancaster and Willow Grove, Pennsylvania, testifying on behalf
of the International Franchise Association; Mr. Harris Freeman,
Professor of Legal Research and Writing, Western New England
University School of Law, Springfield, Massachusetts; Ms.
Catherine Monson, Chief Executive Officer, FASTSIGNS
International, Inc., Carrollton, Texas, testifying on behalf of
the International Franchise Association; Mrs. Jagruti Panwala,
Owner, Multiple Hotel Franchises, Bensalem, Pennsylvania,
testifying on behalf of the Asian American Hotel Owners
Association.
Subcommittee on Higher Education and Workforce Training
HEARINGS
In the second session of the 113th Congress, the
Subcommittee on Higher Education and Workforce Training held
five hearings, including two joint hearings.
January 28, 2014--``Keeping College Within Reach: Sharing Best
Practices for Serving Low-Income and First Generation
Students''
The purpose of the hearing was to highlight best practices
at institutions of higher education for serving low-income and
first generation students.
Witnesses: Dr. James Anderson, Chancellor, Fayetteville
State University, Fayetteville, North Carolina; Mrs. Mary Beth
Del Balzo, Senior Executive Vice President and Chief Executive
Officer, The College of Westchester, White Plains, New York;
Mr. Josse Alex Garrido, Graduate Student, University of Texas--
Pan American, Edinburg, Texas; and Rev. Dennis H.
Holtschneider, President, DePaul University, Chicago, Illinois.
February 11, 2014--``Serving Seniors through the Older Americans Act''
The purpose of the hearing was to examine the programs and
services provided under the Older Americans Act and discuss
priorities for reauthorization.
Witnesses: Ms. Carol V. O'Shaughnessy, Principal Policy
Analyst, National Health Policy Forum, Washington, D.C.; Mrs.
Lynn Kellogg, Chief Executive Officer, Region IV Area Agency on
Aging, St. Joseph, Michigan; Dr. Yanira Cruz, President and
CEO, National Hispanic Council on Aging, Washington, D.C.; and
Mrs. Denise Niese, Executive Director, Wood County Committee on
Aging, Inc., Bowling Green, Ohio.
February 27, 2014--``Exploring Efforts to Strengthen the Teaching
Profession'' (Joint Hearing with the Subcommittee on Early
Childhood, Elementary, and Secondary Education)
The purpose of the hearing was to discuss the state of
teacher preparation nationwide.
Witnesses: Dr. Deborah A. Gist, Commissioner, Rhode Island
Department of Elementary and Secondary Education, Providence,
Rhode Island; Dr. Marcy Singer-Gabella, Professor of the
Practice of Education, Vanderbilt University, Nashville,
Tennessee; Dr. Heather Peske, Associate Commissioner for
Educator Quality, Massachusetts Department of Elementary and
Secondary Education, Malden, Massachusetts; and Ms. Christina
Hall, Co-Founder and Co-Director, Urban Teacher Center,
Baltimore, Maryland.
March 12, 2014--``Examining the Mismanagement of the Student Loan
Rehabilitation Process''
The purpose of the hearing was to examine the U.S.
Department of Education's ability to oversee the processing of
rehabilitated loans issued under the Direct Loan program.
Witnesses: Ms. Melissa Emrey-Arras, Director of Education,
Workforce, and Income Security Issues, U.S. Government
Accountability Office, Boston, Massachusetts; The Honorable
Kathleen Tighe, Inspector General, U.S. Department of
Education, Washington, D.C.; Mr. James Runcie, Chief Operating
Officer, Federal Student Aid, U.S. Department of Education,
Washington, D.C.; and Ms. Peg Julius, Executive Director of
Enrollment Management, Kirkwood Community College, Cedar
Rapids, Iowa.
September 10, 2014--``Improving Department of Education Policies and
Programs through Independent Oversight'' (Joint Hearing with
the Subcommittee on Early Childhood, Elementary, and Secondary
Education)
The purpose of this hearing was to discuss recommendations
from the Government Accountability Office and the U.S.
Department of Education Office of Inspector General on ways to
improve department services and save taxpayer dollars.
Witnesses: The Honorable Kathleen Tighe, Inspector General,
U.S. Department of Education, Washington, D.C.; and Ms.
Jacqueline Nowicki, Acting Director, Education, Workforce and
Income Security Issues, U.S. Government Accountability Office,
Boston, Massachusetts, accompanied by Ms. Melissa Emrey-Arras,
Director, Education, Workforce and Income Security Issues, U.S.
Government Accountability Office, Boston, Massachusetts.
Subcommittee on Workforce Protections
HEARINGS
In the second session of the 113th Congress, the
Subcommittee on Workforce Protections held five hearings,
including two legislative hearings.
February 4, 2014--``OSHA's Regulatory Agenda: Changing Long-Standing
Policies Outside the Public Rulemaking Process''
The purpose of this hearing was to discuss instances in
which the Occupational Safety and Health Administration (OSHA)
has significantly altered standards outside the formal
regulatory process.
Witnesses: Mr. Bradford Hammock, Shareholder, Jackson Lewis
P.C., Reston, Virginia, testifying on behalf of the U.S.
Chamber of Commerce; Mr. Scott VanderWal, President, South
Dakota Farm Bureau, Huron, South Dakota; Ms. Randy Rabinowitz,
Attorney at Law, Washington, D.C.; and Mr. Maury Baskin,
Shareholder, Littler Mendelson PC, Washington, D.C., testifying
on behalf of the National Association of Manufacturers and the
Associated Builders and Contractors.
March 13, 2014--H.R. 3633, ``Protecting Health Care Providers from
Increased Administrative Burdens Act''
The purpose of this hearing was to provide members an
opportunity to examine legislation addressing Office of Federal
Contract Compliance Programs recent attempts to target health
providers.
Witnesses: Mr. Thomas Carrato, President, Health Net
Federal Services, Arlington, Virginia; Mr. David Goldstein,
Shareholder, Littler Mendelson P.C., Minneapolis, Minnesota;
Ms. Fatima Goss Graves, Vice President for Education and
Employment, National Women's Law Center, Washington, D.C.; and
Mr. Curt Kirschner, Partner, Jones Day, San Francisco,
California, testifying on behalf of the American Hospital
Association.
June 10, 2014--``The Regulatory and Enforcement Priorities of the EEOC:
Examining the Concerns of Stakeholders''
The purpose of this hearing was to provide members an
opportunity to continue oversight of the U.S. Equal Employment
Opportunity Commission's (EEOC) enforcement and regulatory
priorities by examining the concerns of key stakeholders.
Witnesses: Ms. Lucia Bone, Founder, Sue Weaver C.A.U.S.E.,
Flower Mound, Texas; Ms. Sherrilyn Ifill, President and
Director-Counsel, NAACP Legal Defense and Education Fund, New
York, New York; Mr. Todd McCracken, President, National Small
Business Association, Washington, D.C.; and Ms. Camille Olson,
Partner, Seyfarth Shaw LLP; Chicago, Illinois.
July 23, 2014--``Improving the Federal Wage and Hour Regulatory
Structure''
The purpose of this hearing was to examine the growth of
litigation related to the Fair Labor Standards Act and current
compliance assistance efforts.
Witnesses: Dr. Andrew Sherrill, Director of Education,
Workforce, and Income Security, U.S. Government Accountability
Office, Washington, D.C.; Ms. Nancy McKeague, Senior Vice
President of Employer and Community Strategies, and Chief Human
Resources Officer, Michigan Health and Hospital Association,
Okemos, Michigan, testifying on behalf of the Society for Human
Resource Management; Ms. Judith Conti, Federal Advocacy
Coordinator, National Employment Law Project, Washington, D.C.;
and The Honorable Paul DeCamp, Shareholder, Jackson Lewis P.C.,
Washington, D.C.
September 17, 2014--H.R. 4959, ``EEOC Transparency and Accountability
Act,'' H.R. 5422, ``Litigation Oversight Act of 2014,'' and
H.R. 5423, ``Certainty in Enforcement Act of 2014''
The purpose of this hearing was to discuss a number of
legislative proposals that would bring greater transparency and
accountability to the Equal Employment Opportunity Commission
(EEOC).
Witnesses: Ms. Lynn A. Clements, Director, Regulatory
Affairs, Berkshire Associates, Inc., Columbia, Maryland; Mr.
Eric S. Dreiband, Partner, Jones Day, Washington, D.C.; Mr.
Michael L. Foreman, Director, Civil Rights Appellate Clinic,
The Pennsylvania State University, Dickinson School of Law,
State College, Pennsylvania; and Mr. William F. Lloyd, General
Counsel, Deloitte LLP, New York, New York.
Legislation Referred to Committee With House Passage
H.R. 10, Success and Opportunity Through Quality Charter
Schools Act (Sponsor: Rep. John Kline), May 9, 2014.
H.R. 3136, Advancing Competency-Based Education Demonstration
Project Act of 2014 (Sponsor: Rep. Matt Salmon), July
23, 2014.
H.R. 3610, Stop Exploitation Through Trafficking Act of 2014
(Sponsor: Rep. Erik Paulsen), May 20, 2014.
H.R. 3896, Longshore and Harbor Workers' Compensation
Clarification Act of 2014 (Sponsor: Rep. Debbie
Wasserman Shultz), July 29, 2014.
H.R. 4275, Cooperative and Small Employer Charity Pension
Flexibility Act (Sponsor: Rep. Susan Brooks), March 24,
2014.
H.R. 4366, Strengthening Education Through Research Act
(Sponsor: Rep. Todd Rokita), May 8, 2014.
H.R. 4414, Expatriate Health Coverage Clarification Act of 2014
(Sponsor: Rep. John Carney, Jr.), April 29, 2014.
H.R. 4983, Strengthening Transparency in Higher Education Act
(Sponsor: Rep. Virginia Foxx), July 23, 2014.
H.R. 4984, Empowering Students Through Enhanced Financial
Counseling Act (Sponsor: Rep. Brett Guthrie), July 24,
2014.
H.R. 5021, Highway Trust Fund Expansion (Sponsor: Rep. Dave
Camp), July 15, 2014.
H.R. 5076, Enhancing Services for Runaway and Homeless Victims
of Youth Trafficking Act (Sponsor: Rep. Joseph Heck),
July 23, 2014.
H.R. 5081, Strengthening Child Welfare Response to Trafficking
Act of 2014 (Sponsor: Rep. Karen Bass), July 25, 2014.
H.R. 5111, To Improve the Response to Victims of Child Sex
Trafficking (Sponsor: Rep. Joyce Beatty), July 24,
2014. (Related House bill--H.R. 3905).
H.R. 5134, To extend the National Advisory Committee on
Institutional Quality and Integrity and the Advisory
Committee on Student Financial Assistance for one year
(Sponsor: Rep. Virginia Foxx), July 23, 2014.
H.R. 5771, Tax Increase Prevention Act of 2014 (Sponsor: Rep.
Dave Camp), December 3, 2014.
S. 1799, Victims of Child Abuse Act Reauthorization Act of 2013
(Sponsor: Sen. Christopher Coons), July 28, 2014.
Legislation Referred to Committee Enacted Into Law
P.L. 113-97, H.R. 4275, Cooperative and Small Employer Charity
Pension Flexibility Act (Sponsor: Rep. Susan Brooks),
April 7, 2014. (Related House bill: H.R. 2134,
Charitable Pension Flexibility Act of 2013 (Sponsor:
Rep. Susan Brooks)).
P.L. 113-128, H.R. 803, Workforce Innovation and Opportunity
Act (Sponsor: Rep. Virginia Foxx), July 22, 2014.
P.L. 113-159, HR. 5021, Highway Trust Fund Expansion (Sponsor:
Rep. Dave Camp), August 8, 2014.
P.L. 113-163, S. 1799, Victims of Child Abuse Act
Reauthorization Act of 2013 (Sponsor: Sen. Christopher
Coons), August 8, 2014. (Related House bill: H.R. 3706,
Victims of Child Abuse Act Reauthorization Act of 2013
(Sponsor: Rep. Ted Poe)).
P.L. 113-174, H.R. 5134, To extend the National Advisory
Committee on Institutional Quality and Integrity and
the Advisory Committee on Student Financial Assistance
for one year (Sponsor: Rep. Virgina Foxx), September
26, 2014
P.L. 113-295, H.R. 5771, Tax Increase Prevention Act of 2014
(Sponsor: Rep. Dave Camp), December 19, 2014.
Legislation Within Committee Jurisdiction Enacted Into Law
P.L. 113-168, S. 1086, Child Care and Development Block Grant
Act of 2014 (Sponsor: Sen. Barbara Mikulski), November
26, 2014.
P.L. 113-235, H.R. 83, Consolidated and Further Continuing
Appropriations Act, 2015 (Sponsor: Rep. Donna
Christensen), December 16, 2014.
Oversight Plan Summary and Correspondence
On January 22, 2013, the committee adopted an oversight
plan for the 113th Congress. Oversight is a core function of
committee operations. As such, the committee works to
thoroughly monitor and investigate the various agencies,
departments, and programs within its jurisdiction. The
committee's oversight plan ensures this work is well-informed
and Congress meets its responsibility for evaluating the
effectiveness and administration of federal laws. Diligent
oversight of federal programs will help promote policies that
promote economic growth, support a stronger workforce, and
improve education in America.
Conducting oversight is an established responsibility of
the Congress. The power to gather information and investigate
is essential and inherent to the legislative process. It is
Congress's obligation to monitor proposed federal rules to
ensure laws are implemented as Congress intends. Likewise,
Congress has the power to obtain information and conduct
investigations to improve agency implementation of existing
laws and inform the development of any needed legislation.
Congress also exercises this power when examining situations
involving waste, fraud, and abuse. In the end, taxpayers
benefit from a robust examination of current practices.
The committee's oversight plan for the 113th Congress
identified several particular issues of interest:
Implementation of Elementary and Secondary
Education Programs and Projects
Access for Students to Postsecondary Education
Programs
Implementation of Early Childhood Care and
Education Programs
Access to Safe and Secure Learning Environments
for Children
Access to Effective Workforce Training Programs
and Activities
Administration of Retirement Security Programs
Administration of Union Democracy
Implementation of Health Care and Employer-
sponsored Health Benefits Plans
Administration of Workplace Safety Requirements
To evaluate the effectiveness and administration of federal
laws, the committee initiated the following correspondence in
the second session of the 113th Congress:
January 7, 2014--Letter to Secretary Arne Duncan, U.S.
Department of Education, regarding the selection of a fair
and balanced panel of rulemaking negotiators representing
diverse perspectives on the higher education issues under
consideration.
January 8, 2014--Letter to Secretary Arne Duncan, U.S.
Department of Education, requesting additional information
on the implementation of the administration's 8 Keys to
Success: Supporting Veterans, Military, and Military
Families on Campus.
January 14, 2014--Letter to Assistant Secretary David Michaels,
Occupational Safety and Health Administration, U.S.
Department of Labor, requesting documents and
correspondence relating to OSHA's recent practice of using
non-regulatory guidance to significantly change regulatory
policy.
January 23, 2014--Letter to Assistant Secretary David Michaels,
Occupational Safety and Health Administration, U.S.
Department of Labor, requesting a 30-day extension of the
comment period for OSHA's Occupational Exposure to
Respirable Crystalline Silica proposed rule.
February 3, 2014--Letter to Secretary Kathleen Sebelius, U.S.
Department of Health and Human Services, requesting
documentation regarding preferential treatment of Taft-
Hartley health insurance plans and requirements of the
Patient Protection and Affordable Care Act.
February 5, 2014--Letter to Secretary Tom Vilsack, U.S.
Department of Agriculture, requesting to be kept apprised
of the waiver process implementation of nutrition
standards.
February 12, 2014--Letter to President Barack Obama, requesting
a briefing from the Domestic Policy Council about his plans
for additional executive actions regarding the nation's
higher education challenges.
February 12, 2014--Letter to Secretary Arne Duncan, U.S.
Department of Education, and Attorney General Eric Holder,
U.S. Department of Justice, regarding guidance from the
departments limiting the ability of educators to enforce
appropriate discipline policies.
February 25, 2014--Letter to Secretary Arne Duncan, U.S.
Department of Education, requesting information about the
50-state strategy on teacher equity.
March 20, 2014--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, expressing concerns about whether the
Office of Federal Contract Compliance Programs' moratorium
on the enforcement of affirmative obligations for hospitals
and health care providers due to their relationship with
TRICARE would sufficiently address the concerns of
stakeholders.
March 25, 2014--Letter to Chairman Mark Pearce, National Labor
Relations Board (NLRB), requesting a 30-day extension of
the comment period for the NLRB's February 6, 2014,
representation-case procedures proposed rule.
April 3, 2014--Letter to Administrator Marilyn Tavenner,
Centers for Medicare and Medicaid Services, regarding the
guidance released by the Center for Consumer Information
and Insurance Oversight on March 26, 2014, to continue
processing consumers who qualify for a special enrollment
period beyond March 31, 2014.
April 7, 2014--Letter to Chairman Mark Pearce, National Labor
Relations Board (NLRB), stating opposition to the NLRB's
February 6, 2014, representation-case procedures proposed
rule.
April 10, 2014--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, expressing concerns that the Wage and
Hour Division's June 18, 2013, memorandum increasing health
and welfare pay under the Service Contract Act and
Executive Order 13658 will negatively impact the services
received by servicemembers and their families through
military exchanges and morale, welfare, and recreation
programs and requesting DOL work with the U.S. Department
of Defense to exempt federal contractors who provide
services through these programs.
April 25, 2014--Letter to Comptroller General Gene L. Dodaro,
U.S. Government Accountability Office, regarding fraud in
the Child Care and Development Fund.
May 8, 2014--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting a briefing from the Bureau
of International Labor Affairs concerning its
implementation of the Victims of Trafficking and Violence
Protection Act.
May 21, 2014--Letter to Assistant Secretary David Michaels,
Occupational Safety and Health Administration, U.S.
Department of Labor, requesting information related to its
online training program conducted by third-party trainers.
May 23, 2014--Letter to Secretary Arne Duncan, U.S. Department
of Education, requesting clarification of the interest rate
benefits available to active-duty military under the
Servicemembers Civil Relief Act.
May 23, 2014--Letter to Secretary Eric Holder, U.S. Department
of Justice, requesting clarification of the interest rate
benefits available to active-duty military under the
Servicemembers Civil Relief Act.
May 27, 2014--Letter to Secretary Arne Duncan, U.S. Department
of Education, regarding concerns with several provisions
included in the draft gainful employment regulation
published on March 25, 2014.
May 30, 2014--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting information about changes
made to the U.S. Department of Labor's Civil Rights
Center's external enforcement programs, which are
responsible for enforcing nondiscrimination and equal
opportunity laws.
June 26, 2014--Letter to Dr. Mark Emmert, President of the
National Collegiate Athletic Association (NCAA), requesting
information regarding the steps taken by the NCAA to
address issues facing student athletes.
July 7, 2014--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting documentation and a
briefing to ensure the U.S. Department of Labor is
protecting the health and safety of youth working on
tobacco farms.
July 8, 2014--Letter to Chairman Mark Pearce, National Labor
Relations Board (NLRB), requesting a briefing regarding the
NLRB's planned response to the Supreme Court's Noel Canning
decision, holding that President Obama's January 2012
recess appointments to the NLRB are unconstitutional.
July 10, 2014--Letter to Comptroller General Gene L. Dodaro,
U.S. Government Accountability Office, requesting
information regarding U.S. Department of Labor's Office of
Federal Contract Compliance Program's nondiscrimination
enforcement activities.
July 11, 2014--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting the department withdraw the
Wage and Hour Division's All Agency Memorandum 212 and
March 22, 2013, guidance letter, which together expand the
application of the Davis Bacon Act to survey technicians.
July 28, 2014--Letter to Chair Jacqueline A. Berrien, U.S.
Equal Employment Opportunity Commission (EEOC), requesting
a response to the concerns raised by Commissioners Barker
and Lipnic regarding EEOC guidance on pregnancy
discrimination.
July 31, 2014--Letter to Secretary Arne Duncan, U.S. Department
of Education, requesting all guidance, procedures,
protocols, or training materials provided to staff for
assessing compliance with federal laws, regulations, and
other requirements.
August 8, 2014--Letter to General Counsel David Lopez, U.S.
Equal Employment Opportunity Commission (EEOC), requesting
documents regarding the EEOC's enforcement practices and
priorities.
August 12, 2014--Letter to Comptroller General Gene L. Dodaro,
U.S. Government Accountability Office, requesting a study
of the U.S. Department of Education's waiver policies under
the Elementary and Secondary Education Act.
September 4, 2014--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, Secretary Arne Duncan, U.S. Department
of Education, and Secretary Sylvia Mathews Burwell, U.S.
Department of Health and Human Services, regarding the
views on the legislative intent underlying the Workforce
Innovation and Opportunity Act.
September 16, 2014--Letter to General Counsel Richard Griffin,
National Labor Relations Board, requesting information
regarding the joint-employer test under the National Labor
Relations Act.
September 29, 2014--Letter to Assistant Secretary Joe Main,
Mine Safety and Health Administration, U.S. Department of
Labor, and Director John Howard, National Institute for
Occupational Safety and Health, Centers for Disease
Control, requesting information concerning their respective
agencies' implementation of the Lowering Miners' Exposure
to Respirable Coal Mine Dust, Including Continuous Personal
Dust Monitors final rulemaking.
September 30, 2014--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting DOL suspend the planned
implementation of its final rule entitled ``Application of
the Fair Labor Standards Act to Domestic Service'' so that
state Medicaid programs can better prepared for
implementation.
October 28, 2014--Letter to Comptroller General Gene L. Dodaro,
U.S. Government Accountability Office, requesting answers
regarding the GAO review of the changes to school
nutrition.
November 14, 2014--Letter to General Counsel Richard Griffin,
National Labor Relations Board, requesting a briefing
regarding NLRB's August 8, 2014 guidance to personnel
concerning steps they should take to identify alleged
wrongdoing under the Occupational Safety and Health Act and
the Fair Labor Standards Act.
December 3, 2014--Letter to Director Patricia A. Shiu, Office
of Federal Contract Compliance Programs, U.S. Department of
Labor, requesting OFCCP allow the public 60 days to provide
comments on its rule implementing Executive Order 136772,
which prohibits federal contractors from discriminating on
the basis of sexual orientation and gender identity.
December 11, 2014--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, regarding the legislative intent
underlying the Pay for Performance provisions in the
Workforce Innovation and Opportunity Act.
December 16, 2014--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, regarding the legislative intent
underlying the at-risk youth and Job Corps provisions in
the Workforce Innovation and Opportunity Act.
Committee Activity Statistics--113th Congress
Total Number of Hearings--67
Total Number of Field Hearings--6
Total Number of Bills and Other Committee Materials Considered
in Markup Session--16
Total Number of Filed Legislative Reports--14
Total Number of House Bills Referred--669
Total Number of Bills Referred to the Committee with House
Passage--31
Total Number of Bills Referred to the Committee Enacted into
Law--11
Total Number of Bills within Committee Jurisdiction Enacted
into Law--2
Total Number of Initiated Oversight Correspondence--208
MINORITY VIEWS
Early Childhood. Research is clear on both the short- and
long-term positive outcomes of quality preschool programs,
including reduction of achievement gaps in elementary and
secondary education and significant returns on investment.
Committee Democrats have shown their commitment to improving
access to high-quality early learning opportunities by leading
and backing comprehensive legislation. The Strong Start for
America's Children Act of 2013 (H.R. 3461) would expand
effective state initiatives aimed at improving school
readiness.
In the second half of the 113th Congress, two essential
components of this proposal were approved by Congress in the FY
2014 and FY 2015 omnibus appropriations measures, adding $1.5
billion to state and local investments in quality early
education.
However, large percentages of disadvantaged eligible
children continue to lack access to quality early learning
programs. Business, school, law enforcement, military, and
economic leaders have all expressed broad agreement that
increasing such strategic investments in early childhood
education are critical to our country's economic growth and
military readiness. Despite this widespread consensus, the
Committee took no action on this important policy issue in the
113th Congress, besides holding a hearing at which Committee
Republicans focused on complaints about the number of federal
programs that include early learning funding.
Despite the inaction on expanding high-quality preschool in
states, Committee Republicans and Democrats worked in a
bipartisan manner to comprehensively strengthen child care
quality and safety by reauthorizing the Child Care and
Development Block Grant (CCDBG) in the 113th Congress, which
was signed by President Obama in November. The law, which had
not been reauthorized in 18 years and had been due for an
update since 2002, will positively impact millions of children
and families nationwide.
Child Nutrition. The Committee plays a critical role in the
fight against hunger and the childhood obesity epidemic. In the
111th Congress, Committee Democrats led efforts to address
these issues through enacting the Healthy, Hunger-Free Kids Act
(HHFKA). Democrats continue to support food standards that are
based on nutrition science, not politics. These programs are
also part of the Child Nutrition Act, which is due for
reauthorization next year.
The Committee should also exercise leadership in supporting
federal efforts to combat hunger among children in low-income
families by improving food delivery and nutritionally valuable
strategies in the Summer Food Service Program; the Child and
Adult Care Food Program; and the Supplemental Program for
Women, Infants, and Children (WIC). When considering both the
Child Nutrition Act reauthorization and support for other
programs serving low-income families, Committee members should
ensure that programs include nutritious components and not
permit well-financed industry interests to dictate food
content.
Committee Democrats remain concerned about the significant
cuts made to the Supplemental Nutrition Assistance Program
(SNAP) in the Federal Agriculture Reform and Risk Management
(FAARM) bill enacted last year. These reductions and
eligibility changes are causing many low-income families and
children to lose critical nutrition assistance and may impact
participants of the Free and Reduced Lunch Program. The
committee should act to examine the effects of these new
policies on children's health, development, and education, but
has not done so.
Child Safety. The safety of our children should be the
highest priority for this Committee. In 2014, Committee
Republicans and Committee Democrats collaborated on three
bipartisan child welfare bills that passed the House to support
children who are victims of sex trafficking. These bills
proposed to amend the Child Abuse Prevention and Treatment Act
(CAPTA), the Runaway and Homeless Youth Act, and the Missing
Children's Assistance Act. Unfortunately, the Senate failed to
consider the bills, preferring to wait for the reauthorization
of these acts. Committee Democrats are optimistic that the
Committee's sincere bipartisan efforts on child welfare will
continue into the 114th Congress and the progress made this
past year on the trafficking bills will be integrated into the
updates of federal laws.
HHS completed several reports in 2013 jointly requested by
Committee Republicans and Committee Democrats on child abuse
prevention and treatment. Committee Republicans still held no
hearings on abusive seclusion and restraint practices in
schools, child abuse in residential programs for teens, further
prevention of and responses to sexual predators in schools and
youth athletic programs, and the health risks for student
athletes posed by concussions. Such hearings are essential for
a thorough examination of legislative options that could lead
to stronger protections for vulnerable children.
Additionally, Committee Democrats reintroduced legislation
this session to protect student athletes from concussions.
Sports-related youth concussions are a growing concern, with
recent research estimating 1.6-3.8 million injuries occurring
each year. The Protecting Student Athletes from Concussions Act
would, for the first time, set minimum safety standards for
concussion management in public schools across the country with
plans that educate students, parents, and school personnel
about how to recognize and respond to concussions.
K-12 Education. Funding for K-12 education programs,
including special education services for students with
disabilities, remains below pre-sequester levels. Committee
Democrats will continue to fight for, not only a restoration of
funding levels, but additional investment.
Committee Democrats will also once again seek to work on a
bipartisan basis toward consensus-driven solutions to
reauthorize the Elementary and Secondary Education Act (ESEA).
Committee Republicans must abandon their highly partisan and
ideologically driven reauthorization approach and work with
Committee Democrats to develop a bipartisan ESEA
reauthorization bill.
Since 1965, the nation has seen marked progress not only in
areas of equity and fairness, but also in student achievement.
Committee Democrats believe that ESEA reauthorization
legislation should retain the law's critical focus on civil
rights and equity while modernizing the education system. ESEA
should set high standards and goals for college and career
readiness. It should support a modern assessment system;
maintain accountability for all students; provide states,
districts, and schools with the flexibility to improve schools
based on their student, school, and community needs; support a
professional environment for teachers and school leaders and
provide them with the information and resources necessary to
succeed; ensure performance is transparent to parents and
communities so that they can participate in their schools and
support their success; and support consolidated funding streams
for literacy, science, technology, engineering, and mathematics
(STEM), a well-rounded education, wrap-around services, and
increased learning time. Additionally, ESEA reauthorization
should not set arbitrary caps on funding critical investments
in education. Nor should the reauthorization abandon a focus on
ensuring states and localities maintain their fair share of
funding.
To support such an effort, we must continue to focus on the
core education programs, including Title I and Title II of
ESEA. Additionally, Committee Democrats believe we must fund
programs in the most efficient ways and provide districts with
increased flexibility to support the needs of their students.
Accordingly, Committee Democrats support consolidating funding
streams around areas of critical need to create more efficient
programs for schools and districts, with increased flexibility
in how funds are used while providing accountability to
taxpayers regarding how funds are spent. This year, Committee
Democrats remain committed to reauthorizing ESEA, but only in a
manner that continues to support equity in education to ensure
that all students have the opportunity to succeed.
Students with Disabilities. Committee Democrats remain
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 will fight
for access to high standards and meaningful high school degrees
for students with disabilities in any effort to reauthorize the
ESEA. Additionally, Committee Democrats will continue to work
alongside Committee Republicans to ensure successful
implementation of Title IV of the Workforce Innovation and
Opportunity Act (WIOA) of 2014 to increase alignment and
quality of services for students with disabilities as they
transition from K-12 education to postsecondary success.
Committee Democrats will fight to be sure any reauthorization
of the Individuals with Disabilities Education Act continues to
provide schools with resources and supports so students with
disabilities are held to high academic and achievement
standards and gain access to general education curriculum.
Higher Education. During the recession, states slashed
higher education funding, causing tuition to increase for
millions of students and families. As costs have increased,
more students have relied on student loans in order to pay for
school. Today almost two-thirds of college graduates must
borrow to finance their education, and their average loan debt
is more than $27,000.i High debt levels have
rippling impacts on our economy and borrowers' lives.
---------------------------------------------------------------------------
\i\The College Board, Trends in Student Aid 2014, available at
http://trends.collegeboard.org/sites/default/files/2014-trends-student-
aid-final-web.pdf
---------------------------------------------------------------------------
Committee Democrats have fought to protect students'
ability to obtain an affordable higher education and will
continue to fight for a robust Pell Grant program for years to
come. The increasing cost of higher education continues to be a
chief concern for American families; in the past five years,
the average tuition and fees at four-year public colleges have
increased by 17 percent.ii Congressman Tierney
introduced the Bank on Students Emergency Loan Refinancing Act
to allow borrowers to refinance federal and private student
loans at lower rates. House Democrats pressed for its
consideration, yet Republicans refused to act on this critical
bill that would help borrowers save thousands of dollars over
the life of their loans.
---------------------------------------------------------------------------
\ii\The College Board. Trends in College Pricing 2014, available at
http://trends.collegeboard.org/sites/default/files/2014-trends-college-
pricing-final-web.pdf
---------------------------------------------------------------------------
Committee Democrats support efforts to help more students
achieve affordable high-quality degrees, certificates, and
other credentials needed to compete in today's marketplace.
Committee Democrats worked with Committee Republicans last
summer to pass three bipartisan bills on competency-based
education, financial aid counseling, and data transparency, and
will continue to work to make sure students have the right
information needed to make informed choices about the college
they will attend and the way they finance their education.
With respect to oversight of higher education and student
aid programs, Committee Democrats have sought to both protect
students and safeguard taxpayer funds, continuing 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. Committee Democrats hope that, with the Higher Education
Act expiring in 2015, reauthorization efforts will be aided by
this oversight work and the Majority will work with Democrats
to pursue ways to make college more affordable, control costs,
and ensure the quality of higher education.
Economic Security. Even as the economy shows positive signs
of growth with 57 consecutive months of job growth during which
the private sector added 10.9 million jobs, many American
families continue to struggle to make ends meet. Committee
Democrats were proud to work on the bipartisan reauthorization
of federal workforce programs. The Workforce Innovation and
Opportunity Act (WIOA) will improve our nation's workforce
development system and help put Americans back to work. Now
more than ever, effective education and workforce development
opportunities are critical to a stronger middle class. WIOA
will help strengthen a system that prepares workers for the
21st century workforce, while helping businesses find the
skilled employees they need to compete and create jobs in
America.
Committee Democrats also have pushed for priority
legislation, such as H.R. 1010, the Fair Minimum Wage Act of
2013, and H.R. 5159, the Schedules that Work Act, to provide
basic labor protections for low-wage workers who are working
hard to provide for their families. Raising the minimum wage
has broad bipartisan support. Yet Committee Republicans refuse
to bring the bill before the Committee and the Republican
leadership refuses to schedule it for a vote. One hundred
ninety five Democrats joined together to sign a discharge
petition to bring H.R. 1010 to the Floor. No Republicans joined
the petition. H.R. 1010 increases the minimum wage from $7.25
to $10.10 per hour in three steps. The rate will then be
indexed to inflation each year thereafter. In addition, the
legislation will increase the required cash wage for tipped
workers from today's $2.13 per hour until the tip credit
reaches 70 percent of the regular minimum wage. A federal
minimum wage of $10.10 has broad public support. Moreover, this
year four states--Alaska, Arkansas, Nebraska, and South
Dakota--saw ballot measures approved to raise their minimum
wages. Ten states--Connecticut, Delaware, Hawaii, Maryland,
Massachusetts, Michigan, Minnesota, Rhode Island, Vermont, and
West Virginia--and the District of Columbia enacted legislation
to increase their state minimum wages. Additionally, the
minimum wages in Arizona, Colorado, Florida, Missouri, Montana,
New Jersey, Ohio, Oregon, and Washington will increase as a
result of indexing. With 29 states and DC having minimum wages
above the federal minimum and numerous city and local increases
taking effect, it is time for the federal government to act.
While progress has been made in states and localities, workers
in every state deserve to benefit from an increase in the
minimum wage.
Increasing the minimum wage is about fairness, about
boosting the economy, and about ending a practice that allows
companies to exploit workers through low wages. A $10.10
minimum wage would give a raise to some 25 million workers
nationwide, two-thirds of whom are women. The vast majority of
these workers are adults (88 percent), and the additional
household income would benefit some 14 million children. In
addition, increasing the minimum wage to $10.10 will generate
$35 billion in increased compensation for working families,
some $22 billion in increased economic activity for business,
and create 85,000 additional jobs--providing an important boost
for our economy.
Committee Democrats will also push for H.R. 5159, the
Schedules that Work Act, legislation that works to combat
abusive scheduling practices that create erratic and
unpredictable work schedules for low wage workers. The
Schedules That Work Act helps families balance their
responsibilities at work and at home, while still respecting
the needs of employers. Employees who work hard for a living
should have some certainty about their work schedules, so they
can plan their childcare, caregiving duties, transportation, or
simply their time to pay bills and manage their household.
Workers' Rights. Committee Republicans continued their
attacks on the rights of hard-working Americans with the
introduction of H.R. 4320, the Workforce Democracy and Fairness
Act, and H.R. 4321, the Employee Privacy Protection Act, in
response to proposed reforms to the election representation
case procedures. The now-final NLRB rule modernizes and
streamlines the election representation case process to
eliminate unnecessary delays, reduce frivolous litigation, and
increase transparency. This rule eliminates the 35-day waiting
period, and under the new procedures a regional director will
schedule a pre-election hearing eight days after a hearing
notice is served. In contrast, H.R. 4320 mandates delay by
requiring that elections be scheduled at least 35 days after
the filing of a petition. The bill also requires a 14-day delay
prior to a hearing, which is twice the minimum mandated by the
Republican-controlled board in 2002.
Similarly, H.R. 4321, the Employee Privacy Protection Act,
would delay NLRB elections by prohibiting the circulation of
the voter list to unions for at least seven days after a final
determination by the Board is made regarding the appropriate
bargaining unit. Under the NLRB rule, this list must be
circulated within two business day of the regional director's
approval of an election agreement or direction of an election.
The bill also limits the contact information that may be
provided to unions beyond home addresses to either email or
telephone numbers, as opposed to the Board rule which allows
unions to receive access to both. The Republican bill
substantially disadvantages the fair choice of employees by
allowing employers access to emails, calls, and captive
audience meetings, while at the same time limiting union's
access to additional contact through the ``voluntary''
selection of the employee. By not allowing unions to contact
workers, H.R. 4321 prevents the creation of the level playing
field the National Labor Relations Act is intended to produce
in a representation election.
Taken together, these bills undermine the laudable rule
from the NLRB, which streamlines and updates the representation
case procedure to ensure workers can exercise their right to
organize and bargain collectively. Our economy and country are
stronger when workers can exercise their fundamental rights.
These bills undermine workers' rights while doing nothing to
better workers' lives or give them a voice at work.
Mine Safety and Health. Committee Democrats have repeatedly
pressed for bipartisan efforts to reform mine safety laws, but
those efforts have been consistently rebuffed by Committee
Republicans. In the 113th Congress, Committee Republicans held
no hearings on mine safety and health. Despite repeated
testimony by the Assistant Secretary of Labor for Mine Safety
calling 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 have stalled,
stating instead that they will wait for all of the UBB accident
investigation reports to be completed before considering
legislative reforms. Six investigation reports have long been
completed; the last report was received nearly three years ago.
A Committee hearing was held in the 112th Congress to review
these reports, and the Assistant Secretary for Mine Safety
reiterated the agency's call for legislation. In addition,
family members of deceased UBB miners met with Republican and
Democratic leaders of the Committee, asking them to take
legislative action. Yet no legislative action has been taken.
Democrats introduced the Robert C. Byrd Mine Safety Protection
Act of 2013 (H.R. 1373), which includes legislative
recommendations made by the West Virginia Governor's
Independent Investigation Panel, MSHA, and the DOL Inspector
General. On April 9, 2014, four years after the April 5, 2010,
disaster at UBB, Senior Democratic Member Miller offered H.R.
1373 as an amendment to the Workforce Democracy and Fairness
Act (H.R. 4320). It was ruled non-germane, and no vote was
permitted on the legislation.
Occupational Safety and Health. In 2013, 4,405 workers were
killed on the job from traumatic injuries, according to
preliminary data from the Bureau of Labor Statistics, and at
least 3.75 million workers incurred occupational injuries or
illnesses. Disabling injuries cost the economy between $159 and
$318 billion in both direct and indirect costs. The April 17,
2013, ammonium nitrate explosion at the West Chemical
fertilizer plant--which took the lives of 15 first responders,
injured nearly 200, and leveled much of the West, Texas
community--has raised questions about the shortage of OSHA
inspectors, questionable regulatory exemptions, and inadequate
standards. Committee Democrats requested that GAO investigate.
Its report, Chemical Safety: Actions Needed to Improve Federal
Oversight of Facilities with Ammonium Nitrate (GAO-14-274),
identified numerous regulatory gaps that could allow similar
catastrophic events at facilities across the nation. Following
the report's release, Committee Democrats issued
recommendations to the president's Chemical Facility Safety and
Security Working Group urging action to close loopholes in the
regulations and policies at the Occupational Safety and Health
Administration (OSHA).
Rather than enacting pro-worker safety laws that would
require employers to promptly abate safety 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 challenged OSHA's ability to disseminate
information on more protective health standards, urged delay on
an overdue standard to prevent silicosis, and opposed efforts
to require employers to find and fix hazards as part of an
injury and illness prevention program. In the 113th Congress,
the Majority has taken no legislative action to improve
workplace safety and health.
Democrats believe our nation's job safety laws must be
strengthened. The Protecting America's Workers Act (H.R. 1648)
would bring the Occupational Safety and Health Act of 1970 into
the 21st century. The Offshore Oil and Gas Worker Whistleblower
Protection Act of 2013 (H.R. 1649) 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 2013 (H.R.
691) would speed the adoption of regulations needed to prevent
combustible dust explosions and fires.
Workers' Compensation Programs. The Committee has worked on
a bipartisan basis to assess Senate and Administration
legislative proposals to cut workers' compensation benefits
under the Federal Employees Compensation Act. The Government
Accountability Office (GAO) evaluated the impact of these
proposals on 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.
Committee Democrats have examined the fairness of claims
determinations under the Black Lung Benefits Act, which has
been tilted against claimants by a disparity in medical and
legal resources between coal miners and well-financed coal
companies. Investigations into the program revealed that coal
mine operators and their attorneys have defeated claims by
hiring doctors at prestigious medical centers who
systematically failed to diagnose the most advanced forms of
black lung disease or by withholding medical evidence from
miners, surviving spouses, and judges that would have proven
the miners' eligibility for benefits. Further budget cuts have
reduced the number of administrative law judges (ALJs) and led
to extensive delays before claims are adjudicated. Committee
Democrats requested a program review by the DOL Inspector
General, secured funding for additional ALJs in the Fiscal Year
2015 Consolidated and Further Continuing Appropriations Act
(H.R. 83), and introduced the Black Lung Benefits Improvement
Act of 2014 (H.R. 5751), in conjunction with U.S.
Representative Matt Cartwright, to reform the program so that
claimants who have meritorious claims will actually receive the
benefits that they are entitled to under the law.
Health Care. The Affordable Care Act (ACA) is resulting in
real savings, providing greater health care security for
millions of families, and helping to strengthen the economy.
Millionsiii of Americans have purchased health
coverage through the new health insurance marketplaces, many
with financial assistance through the form of an advanced tax
credit.iv More Americans are expected to use the
marketplaces to purchase coverage for the 2015 plan
year.v In addition, the health law protects American
families against some of the worst abuses of the health
insurance industry. The law's rate review and medical loss
ratio provisions have saved Americans an estimated $2.8 billion
in rebates and reductions in their premiums in 2012 and
2013.vi One hundred and five million Americans no
longer face a lifetime limit on their coverage;vii
up to 17 million children with pre-existing conditions can no
longer be discriminated against or denied coverage due to that
condition;viii and 6.6 million young adults can now
have coverage through their parents' plan.ix Seniors
have also seen greater access to coverage and lower costs. More
than 7.9 million people with Medicare have saved over $9.9
billion on prescription drugs.x Last year, more than
37 million also received free preventative
benefits.xi However, since the ACA was signed into
law, it has been under an unprecedented assault by the
Majority, who have held dozens of hearings to criticize the law
and brought more than 50 votes to repeal it to the House Floor.
Instead of trying to work with Democrats to make improvements
to the law where necessary, the Majority has been singularly
focused on destroying the ACA and taking away millions of
Americans' opportunity to access health care for the first
time. Committee Democrats remain committed to working with the
Administration and consumers to ensure that the ACA is fully
and properly implemented.
---------------------------------------------------------------------------
\iii\ASPE Issue Brief, ``Health Insurance Marketplace: Summary
Enrollment Report for the Initial Annual Open Enrollment Period,'' (May
2014). Available at: http://aspe.hhs.gov/health/reports/2014/
MarketPlaceEnrollment/Apr2014/ib_2014Apr_enrollment.pdf
ivibid
vASPE Issue Brief, ``How Many Individuals Might Have
Marketplace Coverage after the 2015 Open Enrollment Period?'' (Nov
2014). Available at: http://aspe.hhs.gov/health/reports/2014/Targets/
ibXXTargets.pdf
viU.S. Department of Health and Human Services, ``Rate
Review Annual Report for Calendar Year 2013'' (Sept. 2014). Available
at: http://aspe.hhs.gov/health/reports/2014/RateReview/
rptXXRateReview.pdf
viiASPE Issue Brief, ``Under The Affordable Care Act,
105 Million Americans No Longer Face Lifetime Limits on Health
Benefits,'' (Mar. 2012).
viiiU.S. Department of Health and Human Services, ``At
Risk: Pre-Existing Conditions Could Affect 1 in 2 Americans: 129
Million People Could Be Denied Affordable Coverage Without Health
Reform,'' available at: http://www.healthcare.gov/news/reports/
preexisting.html
ixThe Commonwealth Fund, ``Young, Uninsured and in Debt:
Why Young Adults Lack Health Insurance and How the Affordable Care Act
Is Helping,'' (June 2012).
xU.S. Department of Health and Human Services, ``Press
release: 7.9 million people with Medicare have saved over $9.9 billion
on prescription drugs,'' (March 2014). Available at: http://
www.cms.gov/Newsroom/MediaReleaseDatabase/Press-releases/2014-Press-
releases-items/2014-03-21.html
xiCMS.gov ``Beneficiaries Utilizing Free Preventative
Services by State, YTD 2013'' (Accessed Dec 2014). Available at: http:/
/downloads.cms.gov/files/Beneficiaries-Utilizing-Free-Preventive-
Services-by-State-YTD2013.pdf
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Pensions and Retirement Security: Retirement security
remains a critical concern for millions of Americans. Senior
Democratic Member Miller and Chairman Kline worked on a
bipartisan basis to tackle the imminent crisis in multi-
employer pension plans. Over one million Americans currently
have their retirement savings in multiemployer pension plans
that are expected to collapse in the near future. The failure
of these plans will put every worker with a multiemployer
pension at significant risk by bankrupting the Pension Benefit
Guaranty Corporation (PBGC), which serves as the federal
backstop charged with protecting these workers' pensions.
Retirees would have been left with nothing. The Multiemployer
Pension Reform Act of 2014, included in the Omnibus
Appropriations Act, will provide the critical flexibility
necessary to keep pension plans from going under and causing
workers to lose everything. It was the Democratic Minority's
advocacy that holds harmless disabled retirees from benefit
reductions and includes protections for retirees 75 and older.
In addition, Democrats insisted on a process that includes
important consumer safeguards to give participants in these
plans a voice, to protect the most vulnerable retirees, and
made sure that trustees cannot unilaterally reduce benefits.
The proposal requires a vote by plan participants of any
proposed benefit adjustments that take effect. This provision
includes a fail-safe mechanism for those plans that present a
systemic risk to the multiemployer pension system. This reform
trusts the collective bargaining process and gives plan
trustees and workers the ability to choose whether or not to
make modifications to their multiemployer pension plan before
it is too late and they are left with nothing.
Civil Rights. Committee Democrats remain committed to
ensuring that workers are protected against discrimination in
the workplace and have worked to strengthen those protections.
In contrast, Committee Republicans spent this Congress
attacking the EEOC and its efforts to enforce those
protections.
The Committee has had numerous opportunities to strengthen
the nation's civil rights laws and bring them into the twenty-
first century. Last fall the Senate overwhelmingly passed the
Employment Non-Discrimination Act by a vote of 64-32. Committee
Democrats will continue to fight for consideration of this bill
until it receives a vote on the Floor and becomes law.
Committee Democrats also remain committed to strengthening
other areas of the nation's civil rights laws. Committee
Democrats fully support the President's executive order to
modernize the equal opportunity employment laws that govern
federal contractors, although the Committee Majority has
already sought to challenge the legality of the EO's
implementation. Committee Democrats will continue to press for
consideration of legislation and protect against age
discrimination, pay discrimination, and workplace harassment
and retaliation. This year Committee Democrats introduced
legislation to remedy the Supreme Court's decision in Vance v.
Ball State University by holding employers responsible for
workplace harassment. Committee Democrats will also continue to
work with the Equal Employment Opportunity Commission and the
Department of Labor's Office of Federal Contract Compliance
Programs in their efforts to protect the rights of workers and
strengthen their opportunities in the workforce.
George Miller,
Senior Democratic Member.
Mark Pocan.
Rush Holt.
Frederica S. Wilson.
Marcia L. Fudge.
Suzanne Bonamici.
Joe Courtney.
Carolyn McCarthy.
Jared Polis.
Rauul M. Grijalva.
Gregorio Kilili Sablan.
Rubeen Hinojosa.
Robert C. ``Bobby'' Scott.
[all]