[House Report 114-904]
[From the U.S. Government Publishing Office]
Union Calendar No. 715
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-904
_______________________________________________________________________
REPORT ON THE ACTIVITIES
of the
COMMITTEE ON EDUCATION AND
THE WORKFORCE
for the
114TH CONGRESS
together with
MINORITY VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 2, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
23-198 WASHINGTON : 2017
COMMITTEE ON EDUCATION AND THE WORKFORCE
JOHN KLINE, Minnesota, Chairman
Republicans Democrats
JOHN KLINE, Minnesota, Chairman ROBERT C. ``BOBBY'' SCOTT,
JOE WILSON, South Carolina Virginia
VIRGINIA FOXX, North Carolina Ranking Member
DUNCAN HUNTER, California RUBEN HINOJOSA, Texas
DAVID ``PHIL'' ROE, Tennessee SUSAN A. DAVIS, California
GLENN THOMPSON, Pennsylvania RAUL M. GRIJALVA, Arizona
TIM WALBERG, Michigan JOE COURTNEY, Connecticut
MATT SALMON, Arizona MARCIA L. FUDGE, Ohio
BRETT GUTHRIE, Kentucky JARED POLIS, Colorado
TODD ROKITA, Indiana GREGORIO KILILI SABLAN, Northern
LOU BARLETTA, Pennsylvania Mariana Islands
JOSEPH J. HECK, Nevada FREDERICA S. WILSON, Florida
LUKE MESSER, Indiana SUZANNE BONAMICI, Oregon
BRADLEY BYRNE, Alabama MARK POCAN, Wisconsin
DAVID BRAT, Virginia MARK TAKANO, California
BUDDY CARTER, Georgia HAKEEM S. JEFFRIES, New York
MIKE D. BISHOP, Michigan KATHERINE M. CLARK, Massachusetts
GLENN GROTHMAN, Wisconsin ALMA S. ADAMS, North Carolina
STEVE RUSSELL, Oklahoma MARK DeSAULNIER, California
CARLOS CURBELO, Florida
ELISE STEFANIK, New York
RICK ALLEN, Georgia
----------
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
DUNCAN HUNTER, California MARCIA L. FUDGE, Ohio
GLENN THOMPSON, Pennsylvania Ranking Member
DAVID BRAT, Virginia SUSAN A. DAVIS, California
BUDDY CARTER, Georgia RAUL M. GRIJALVA, Arizona
BRADLEY BYRNE, Alabama GREGORIO KILILI SABLAN, Northern
MIKE D. BISHOP, Michigan Mariana Islands
GLENN GROTHMAN, Wisconsin SUZANNE BONAMICI, Oregon
STEVE RUSSELL, Oklahoma MARK TAKANO, California
CARLOS CURBELO, Florida KATHERINE M. CLARK, Massachusetts
----------
The Subcommittee on Early Childhood, Elementary, and Secondary
Education has jurisdiction over education from early learning through
the high school level, including but not limited to elementary and
secondary education, special education, homeless education, and migrant
education; overseas dependent schools; career and technical education;
school safety and alcohol and drug abuse prevention; school lunch and
child nutrition programs; educational research and improvement
including the Institute of Education Sciences; environmental education;
pre-service and in-service teacher professional development including
Title II of the Elementary and Secondary Education Act and Title II of
the Higher Education Act; early care and education programs, including
the Head Start Act and the Child Care and Development Block Grant Act;
adolescent development and training programs, including but not limited
to those providing for the care and treatment of certain at-risk youth
including the Juvenile Justice and Delinquency Prevention Act and the
Runaway and Homeless Youth Act; and all matters dealing with child
abuse and domestic violence, including the Child Abuse Prevention and
Treatment Act and child adoption.
SUBCOMMITTEE ON HEALTH, EMPLOYMENT, LABOR, AND PENSIONS
DAVID ``PHIL'' ROE, Tennessee, Chairman
JOE WILSON, South Carolina JARED POLIS, Colorado
VIRGINIA FOXX, North Carolina Ranking Member
TIM WALBERG, Michigan JOE COURTNEY, Connecticut
MATT SALMON, Arizona MARK POCAN, Wisconsin
BRETT GUTHRIE, Kentucky RUBEN HINOJOSA, Texas
LOU BARLETTA, Pennsylvania GREGORIO KILILI SABLAN, Northern
JOSEPH J. HECK, Nevada Mariana Islands
LUKE MESSER, Indiana FREDERICA S. WILSON, Florida
BRADLEY BYRNE, Alabama SUZANNE BONAMICI, Oregon
BUDDY CARTER, Georgia MARK TAKANO, California
GLENN GROTHMAN, Wisconsin HAKEEM S. JEFFRIES, New York
RICK ALLEN, Georgia ROBERT C. ``BOBBY'' SCOTT,
Virginia
----------
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
DAVID ``PHIL'' ROE, Tennessee RUBEN HINOJOSA, Texas
MATT SALMON, Arizona Ranking Member
BRETT GUTHRIE, Kentucky HAKEEM S. JEFFRIES, New York
LOU BARLETTA, Pennsylvania ALMA S. ADAMS, North Carolina
JOSEPH J. HECK, Nevada MARK DeSAULNIER, California
LUKE MESSER, Indiana SUSAN A. DAVIS, California
BRADLEY BYRNE, Alabama RAUL M. GRIJALVA, Arizona
CARLOS CURBELO, Florida JOE COURTNEY, Connecticut
ELISE STEFANIK, New York JARED POLIS, Colorado
RICK ALLEN, Georgia
----------
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 Innovation and Opportunity
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
DUNCAN HUNTER, California FREDERICA S. WILSON, Florida
GLENN THOMPSON, Pennsylvania Ranking Member
TODD ROKITA, Indiana MARK POCAN, Wisconsin
DAVID BRAT, Virginia KATHERINE M. CLARK, Massachusetts
MICHAEL D. BISHOP, Michigan ALMA S. ADAMS, North Carolina
STEVE RUSSELL, Oklahoma MARK DeSAULNIER, California
ELISE STEFANIK, New York MARCIA L. FUDGE, Ohio
----------
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, 2016.
Hon. Karen L. Haas,
Clerk of the House,
The Capitol, Washington, DC.
Dear Ms. Haas: Purusant 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 114th Congress. This report
summarizes the activities of the Committee during the 114th
Congress with respect to its legislative and oversight
responsibilities. I circulated this report to all members on
December 16, 2016, 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...................................................... 8
Subcommittee on Early Childhood, Elementary and Secondary
Education--Hearings............................................ 11
Subcommittee on Health, Employment, Labor, and Pensions--Hearings 13
Subcommittee on Higher Education and Workforce Training--Hearings 17
Subcommittee on Workforce Protections--Hearings.................. 18
Legislation Referred to Committee with House Passage............. 22
Legislation Referred to Committee Enacted into Law............... 24
Legislation within Committee Jurisdiction Enacted into Law....... 24
Oversight Plan Summary and Correspondence........................ 24
Committee Activity Statistics.................................... 31
Minority Views................................................... 33
Union Calendar No. 715
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-904
======================================================================
REPORT ON THE ACTIVITIES OF THE COMMITTEE ON EDUCATION AND THE
WORKFORCE FOR THE 114TH CONGRESS
_______
January 2, 2017.--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 in the 114th
Congress, the House Committee on Education and the Workforce
continued its efforts to improve the country's education
system, support working families and retirees, and empower more
Americans to pursue a lifetime of success and prosperity.
Helping every child receive an excellent education was a
leading priority this Congress. In 2015, the Committee
successfully advanced the Student Success Act (H.R. 5). The
legislation reflects three key principles to improve K-12
education: reducing the federal role, restoring local control,
and empowering parents. After months of bipartisan, bicameral
work, House and Senate leaders reached agreement in November
2015 on a proposal to end the Washington-knows-best approach to
K-12 education. The resulting legislation, the Every Student
Succeeds Act, was signed into law in December 2015, and the
Committee has worked throughout 2016 to ensure the law is
implemented according to its letter and intent.
The Committee also advanced reforms to improve higher
education and career and technical education. In 2015, the
Committee moved the Higher Education Extension Act (H.R. 3594)
to extend the Federal Perkins Loan Program and provide
certainty to students and institutions while Congress continued
working on more comprehensive higher education reform. The
bipartisan bill--introduced by Reps. Mike Bishop and Mark
Pocan--was signed into law in December 2015.
Additionally, in 2016, the Committee ushered through the
House, with strong bipartisan support, a number of bills to
strengthen higher education for students, parents, and
taxpayers: the Strengthening Transparency in Higher Education
Act (H.R. 3178, sponsored by Rep. Virginia Foxx and Rep.
Gregorio Sablan), the Empowering Students Through Enhanced
Financial Counseling Act (H.R. 3179, sponsored by Rep. Brett
Guthrie and Rep. Suzanne Bonamici), the Simplifying the
Application for Student Aid Act (H.R. 5528, sponsored by Rep.
Joe Heck and Rep. Jared Polis), the Accessing Higher Education
Opportunities Act (H.R. 5529, sponsored by Rep. Joe Heck and
Rep. Ruben Hinojosa), and the HBCU Capital Financing
Improvement Act (H.R. 5530, sponsored by Rep. Alma Adams and
Rep. Bradley Byrne). These bills include reforms to empower
students and families to make informed decisions, simplify and
improve the financial aid process, and enhance existing support
and accountability for institutions serving minority students.
Also in 2016, the Committee unanimously approved the
Strengthening Career and Technical Education for the 21st
Century Act (H.R. 5587). Introduced by Reps. Glenn ``GT''
Thompson and Katherine Clark, the bipartisan legislation passed
the House with overwhelming support in September 2016. The bill
includes positive reforms to empower state and local leaders,
improve alignment with in-demand jobs, increase transparency
and accountability, and ensure a limited federal role in career
and technical education. Because of these and other reforms,
the bill will help more Americans obtain the skills and
experience to compete for good-paying jobs in industries
critical to the economy.
The Committee also advanced a number of measures to protect
and help some of the country's most vulnerable individuals. In
May 2015, the House passed the Justice for Victims of
Trafficking Act (S. 178), a bill to better target sex
traffickers and support victims of sexual abuse. Signed into
law later that month, the legislation includes a number of
proposals championed by Committee members to strengthen
protections for youth victims of sex trafficking.
In the second session of the 114th Congress, the Committee
approved the Infant Plan of Safe Care Improvement Act (H.R.
4843), which was introduced by Reps. Lou Barletta and Katherine
Clark. The legislation requires the administration to better
ensure states are meeting current child welfare requirements,
particularly protections for infants born with illegal
substance exposure. The bill eventually became part of a
broader effort to combat America's growing opioid crisis and
was signed into law in July 2016.
Members also worked to reform the juvenile justice system
through the Supporting Youth Opportunity and Preventing
Delinquency Act (H.R. 5963), a bill introduced by Rep. Carlos
Curbelo and Ranking Member Robert C. ``Bobby'' Scott to help
state and local leaders better serve at-risk youth and juvenile
offenders and put them on the path to success. The legislation
passed the House in September 2016 with overwhelming bipartisan
support.
In addition to passing reforms to help vulnerable youth,
the Committee championed reforms for vulnerable seniors. The
Committee advanced the Older Americans Act Reauthorization Act
(S. 192), legislation enacted in April 2016 (P.L. 114-441) that
strengthens support services for seniors and their caregivers,
streamlines federal programs, and delivers state and local
leaders greater flexibility to meet the needs of their seniors.
Another bill, introduced by Early Childhood, Elementary,
and Secondary Education Subcommittee Chairman Todd Rokita,
would reform federal child nutrition programs to ensure states
and schools have the flexibility they need to provide children
with access to healthy meals without additional or prohibitive
costs. That bill, the Improving Child Nutrition and Education
Act (H.R. 5003), passed the Committee in May 2016.
Throughout the 114th Congress, the Committee also worked to
advance legislative solutions to protect the rights of workers
and employers, strengthen the retirement security of working
families, and preserve upward mobility and opportunity in
America's workplaces.
Building on efforts from the 113th Congress, the Committee
put forward legislation in response to the National Labor
Relations Board's (NLRB) partisan agenda. The Workforce
Democracy and Fairness Act (H.R. 1768), introduced by Chairman
Kline, and the Employee Privacy Protection Act (H.R. 1767)
introduced by Subcommittee on Health, Employment, Labor, and
Pensions Chairman David ``Phil'' Roe, seek to ensure fair union
elections and protect the privacy of workers and their
families.
The Committee also advanced the Tribal Labor Sovereignty
Act (H.R. 511) to prevent the NLRB from exerting jurisdiction
over tribal businesses on tribal lands. The legislation was
introduced by Chairman Rokita and passed the House in November
2015. Additionally, Chairman Kline, along with Sen. Lamar
Alexander, Chairman of the Senate Committee on Health,
Education, Labor, and Pensions, introduced the Protecting Local
Business Opportunity Act (H.R. 3459). Approved by the Committee
in October 2015, the legislation would roll back the NLRB's
``joint employer'' decision that is threatening small
businesses and entrepreneurs across the country.
Committee leaders also took steps to protect and strengthen
retirement security for hardworking men and women. Working
across the aisle, Chairman Roe led a bipartisan effort to
ensure retirement advisors serve their clients' best interests
and preserve access to high-quality, affordable retirement
advice through two complementary legislative proposals. The
Committee approved those proposals--the Affordable Retirement
Advice Protection Act (H.R. 4293) and the Strengthening Access
to Valuable Education and Retirement Support Act (H.R. 4294)--
in February 2016.
The Committee also continued efforts to modernize the
nation's multiemployer pension system. Following years of
bipartisan work to address the serious challenges facing the
system, Chairman Kline introduced a discussion draft in
September 2016 of a proposal that would authorize an innovative
multiemployer plan structure known as ``composite plans.'' The
proposal includes reforms to provide more retirement choices
for workers, more flexibility for employers, and greater
protection for taxpayers.
Additionally, the Committee played a key role in efforts to
dismantle the 2010 health care law and protect Americans from
its harmful effects. Through oversight and hearings, the
Committee examined the negative impact the law has had on
workers and employers, advanced legislation to roll back the
fatally flawed law, and helped put forward a plan that would
lead to market-based, patient-centered health care. As part of
these efforts, the Committee approved within Reconciliation a
proposal (H.R. 3112) sponsored by Rep. Elise Stefanik to repeal
the auto-enrollment mandate in the President's health care law.
The proposal was eventually included in a bipartisan budget
agreement signed by the President in November 2015 (P.L. 114-
74, Bipartisan Budget Act of 2015).
To preserve upward mobility and opportunity for American
workers and employers, the Committee put forward two pieces of
legislation to address the U.S. Department of Labor's extreme
overtime rule. In March 2016, Republican leaders introduced the
Protecting Workplace Advancement and Opportunity Act (H.R.
4773) to prevent implementation of the rule and require an
economic analysis of the rule's impact on workers, students,
nonprofit organizations, and small businesses. Later that year,
Workforce Protections Subcommittee Chairman Tim Walberg
introduced the Regulatory Relief for Small Businesses, Schools,
and Nonprofits Act (H.R. 6094). Passed by the House in
September 2016, the legislation required a six-month delay in
the effective date of the rule--a rule that was later blocked
by a U.S. District Court judge.
In addition to various legislation solutions, the Committee
worked to hold the administration accountable and put a stop to
harmful rules and regulations through the Congressional Review
Act. Members introduced resolutions of disapproval to combat
the NLRB's ambush election rule, which passed the House in
March 2015; and the U.S. Department of Labor's fiduciary and
overtime rules, which passed the House in April 2016 and
September 2016, respectively. The Committee also approved a
resolution to block the Department's partisan persuader rule, a
regulation that threatened the rights of workers and employers
during union elections.
In the 115th Congress, the Committee will continue to
advance solutions that benefit students, small business owners,
teachers, and working families; hold the administration
accountable to the American people; and work in a bipartisan
manner to deliver commonsense reforms that benefit all
Americans.
FULL COMMITTEE
HEARINGS
In the 114th Congress, 18 Full Committee hearings were
held.
February 4, 2015--``Expanding Opportunity in America's Schools and
Workplaces'' (Printed Hearing 114-1)
The purpose of the hearing was to examine efforts made by
state leaders to strengthen education, spur job creation, and
expand opportunity for working families.
Witnesses: The Honorable Mike Pence, Governor, State of
Indiana, Indianapolis, Indiana; Dr. Michael Amiridis, Provost,
University of South Carolina, Columbia, South Carolina; Mr.
Drew Greenblatt, President and CEO, Marlin Steel, Baltimore,
Maryland (testifying on behalf of the National Association of
Manufacturers); Dr. Lawrence Mishel, President, Economic Policy
Institute, Washington, D.C.
March 18, 2015--``Reviewing the President's Fiscal Year 2016 Budget
Proposal for the Department of Labor'' (Printed Hearing 114-6)
The purpose of the hearing was to examine the U.S.
Department of Labor's budget request for Fiscal Year 2016 and
the administration's new programs.
Witness: The Honorable Thomas E. Perez, Secretary, U.S.
Department of Labor, Washington, D.C.
April 15, 2015--``Serving Students and Families through Child Nutrition
Programs'' (Printed Hearing 114-9)
The purpose of the hearing was to examine the importance of
the federal government's child nutrition programs and to
highlight how these programs are linked to better educational
outcomes.
Witnesses: Mr. Duke Storen, Senior Director, Research,
Advocacy, and Partner Development, Share Our Strength,
Washington, D.C.; Ms. Julia Bauscher, President, School
Nutrition Association Director, School and Community Nutrition
Services, Jefferson County Public School District, Louisville,
Kentucky; Mrs. Dorothy S. McAuliffe, First Lady of Virginia,
Office of the Governor, Commonwealth of Virginia, Richmond,
Virginia; Dr. Kathy Krey, Director of Research and Assistant
Research, Professor, Texas Hunger Initiative, Baylor
University, Waco, Texas.
May 14, 2015--``Examining the Federal Government's Mismanagement of
Native American Schools'' (Printed Hearing 114-14)
The purpose of this hearing was to discuss the Bureau of
Indian Affairs' (BIA) and Bureau of Indian Education's (BIE)
roles in Indian education and evaluate the impact of
restructuring the BIA and BIE.
Witnesses: Dr. Charles Roessel, Director, Bureau of Indian
Education, U.S. Department of the Interior, Washington, D.C.;
Mr. William Mendoza, Executive Director, White House Initiative
on American Indian and Alaska Native Education, U.S. Department
of Education, Washington, D.C.
June 3, 2015--``Compulsory Unionization through Grievance Fees: The
NLRB's Assault on Right-to-Work'' (Printed Hearing 114-17)
The purpose of the hearing was to explore right-to-work
laws and how suggested changes to the grievance process would
affect workers.
Witnesses: The Honorable Pete Ricketts, Governor, State of
Nebraska, Lincoln, Nebraska; Mr. Walter Hewitt, Management
Information Systems, Director, United Way of Southeastern
Connecticut, Uncasville, Connecticut (testifying on own
behalf); Robert Bruno, Ph.D., Professor, School of Labor and
Employment Relations, University of Illinois Chicago, Illinois,
(testifying on own behalf); Elise Gould, Ph.D., Senior
Economist and Director of Health Policy Research, Economic
Policy Institute, Washington, D.C. (testifying on own behalf);
Mr. Mark Mix, President, National Right to Work Committee,
Springfield, Virginia.
June 16, 2015--``Child Nutrition Assistance: Are Federal Rules and
Regulations Serving the Best Interests of Schools and
Families?'' (Printed Hearing 114-19)
The purpose of the hearing was to discuss the U.S.
Department of Agriculture's implementation of the Healthy,
Hunger Free Kids Act of 2010 and the administration's
priorities for the reauthorization of the law.
Witnesses: The Honorable Tom Vilsack, Secretary, U.S.
Department of Agriculture, Washington, D.C.
July 28, 2015--``Reviewing the Policies and Priorities of the U.S.
Department of Health and Human Services'' (Printed Hearing 114-
24)
The purpose of the hearing was to examine the negative
effects of the Patient Protection and Affordable Care Act on
employers, employees, and job growth.
Witness: The Honorable Sylvia Mathews Burwell, Secretary,
U.S. Department of Health and Human Services, Washington, D.C.
October 7, 2015--``Strengthening Head Start for Current and Future
Generations'' (Printed Hearing 114-29)
The purpose of this hearing is to examine the federal
investment in the Head Start program, discuss its impact on our
nation's most vulnerable populations, and reflect upon current
proposals to alter the program or introduce new programs into
the early care and education landscape.
Witnesses: Timothy M. Nolan, Ph.D., Chief Executive Officer
& Executive Director, National Centers for Learning Excellence,
Inc., Waukesha, Wisconsin; Dr. Matthew Biel, MD, MSc, Division
Chief, Child and Adolescent Psychiatry, Georgetown University,
Washington, D.C.; Ms. Sara Mead, Partner, Bellwether Education
Partners, Washington, D.C.; Ms. Yvette Sanchez Fuentes,
President, National Alliance for Hispanic Families,
Gaithersburg, Maryland.
October 8, 2015--``Reviewing the Juvenile Justice System and How It
Serves At-Risk Youth'' (Printed Hearing 114-31)
The purpose of this hearing was to learn more about the
Juvenile Justice and Delinquency Prevention Act and the state
of the juvenile justice system.
Witnesses: Mr. Derek Cohen, Deputy Director, Center for
Effective Justice, Texas Public Policy Foundation, Austin,
Texas; Mr. Sloane Baxter, Youth Advocate, Washington, D.C.; The
Honorable Steven Teske, Chief Judge, Clayton County Juvenile
Court, Jonesboro, Georgia; Dr. Tim Goldsmith, Chief Clinical
Officer, Youth Villages, Memphis, Tennessee.
February 3, 2016--``Expanding Educational Opportunity through School
Choice'' (Printed Hearing 114-37)
The purpose of this hearing was to discuss the creation and
expansion of state scholarship/private school voucher programs
and education savings accounts and how federal policies can
support these efforts.
Witnesses: Mr. Gerard Robinson, Resident Fellow, American
Enterprise Institute, Washington, D.C.; The Honorable Rob
Bryan, North Carolina House of Representatives, Charlotte,
North Carolina; Dr. Luis A. Huerta, Associate Professor of
Education and Public Policy, Teachers College, Columbia
University, New York, New York; Ms. Denisha Merriweather,
Student, University of South Florida, Tampa, Florida.
February 24, 2016--``Examining the Policies and Priorities of the U.S.
Department of Education'' (Printed Hearing 114-39)
The purpose of this hearing was to examine the Department's
budget request for Fiscal Year 2017 focusing on increasing
equity and opportunity for all students, expanding support for
teachers and school leaders, and improving access,
affordability, and student outcomes in postsecondary education.
Witness: Dr. John B. King, Acting Secretary, U.S.
Department of Education, Washington, D.C.
February 25, 2016--``Next Steps for K-12 Education: Upholding the
Letter and Intent of the Every Student Succeeds Act'' (Printed
Hearing 114-40)
The purpose of this hearing was to discuss reducing the
federal role and restoring state and local control over K-12
education.
Witness: Dr. John B. King, Acting Secretary, U.S.
Department of Education, Washington, D.C.
March 15, 2016--``Examining the Policies and Priorities of the U.S.
Department of Health and Human Services'' (Printed Hearing 114-
41)
The purpose of this hearing was to examine the Department's
budget request for Fiscal Year 2017, including the President's
health care law program, the Head Start program, and early
childhood development program.
Witness: The Honorable Sylvia Mathews Burwell, Secretary,
U.S. Department of Health and Human Services, Washington, D.C.
March 16, 2016--``Examining the Policies and Priorities of the U.S.
Department of Labor'' (Printed Hearing 114-42)
The purpose of this hearing was to examine the U.S.
Department of Labor's budget request for Fiscal Year 2017 and
to highlight the administration's new programs, including the
Paid Leave Partnership Initiative and the High-Growth Sector
Training and Credentialing Grants.
Witness: The Honorable Thomas E. Perez, Secretary, U.S.
Department of Labor, Washington, D.C.
March 22, 2016--``Strengthening Education Research and Privacy
Protections to Better Serve Students'' (Printed Hearing 114-43)
The purpose of this hearing was to examine the
reauthorization of Education Sciences Reform Act and to update
federal student privacy and education research laws.
Witnesses: Ms. Rachael Stickland, Co-Founder, Co-Chair,
Parent Coalition for Student Privacy, Littleton, Colorado; Mr.
Neil Campbell, Director, Next Generation, Reforms Foundation
for Excellence in Education, Washington, D.C.; Dr. Jane
Hannaway, Professor, McCourt School, Georgetown University,
Washington, D.C.; Mr. Robert Swiggum, Deputy Superintendent of
Technology Services, Georgia Department of Education, Atlanta,
Georgia.
May 17, 2016--``Helping Students Succeed by Strengthening the Carl D.
Perkins Career and Technical Education Act'' (Printed Hearing
114-48)
The purpose of this hearing was to examine how the
reauthorization of the Carl D. Perkins Career and Technical
Education Act will help Americans develop the skills they need
to succeed in a 21st century workforce.
Witnesses: The Honorable Tim Kaine, Senator, State of
Virginia; Mr. Paul Tse, Project Manager, Shapiro & Duncan,
Inc., Rockville, Maryland; Mr. Jason Bates, Manager, Toyota--
Bodine Aluminum, Inc., Jackson, Tennessee; Dr. Monty Sullivan,
President, Louisiana Community and Technical College System,
Baton Rouge, Louisiana.
June 9, 2016--``The Administration's Overtime Rule and Its Consequences
for Workers, Students, Nonprofits, and Small Businesses''
(Printed Hearing 114-51)
The purpose of this hearing was to examine how the U.S.
Department of Labor's overtime rule will impact employers and
employees, including those at nonprofit organizations,
students, and institutions of higher education.
Witnesses: Dr. Jared Bernstein, Senior Fellow, Center on
Budget and Policy Priorities, Washington, D.C.; Mr. Alexander
J. Passantino, Partner, Seyfarth Shaw LLP, Washington, D.C.;
Mr. Michael Rounds, Associate Vice Provost for Human Resource
Management, University of Kansas, Lawrence, Kansas; Ms. Tina
Sharby, Chief Human Resources Officer, Easter Seals, New
Hampshire, Inc., Manchester, New Hampshire (testifying on
behalf of the Society for Human Resource Management).
June 23, 2016--``Next Steps in K-12 Education: Examining Recent Efforts
to Implement the Every Student Succeeds Act'' (Printed Hearing
114-52)
The purpose of this hearing was to examine the U.S.
Department of Education's regulatory proposals under the Every
Student Succeeds Act, specifically the Department's proposed
accountability regulations published in the Federal Register on
June 1, 2016, and the Department's anticipated supplement, not
supplant proposal.
Witnesses: The Honorable John B. King, Jr., Secretary, U.S.
Department of Education, Washington, D.C.; Dr. Stephen L.
Pruitt, Commissioner, Kentucky Department of Education,
Frankfort, Kentucky; Ms. Cassie Harrelson, Math Teacher, Aurora
Public Schools, Aurora, Colorado; Ms. Daria Hall, Interim Vice
President, Government Affairs and Communications, The Education
Trust, Washington, D.C.; Dr. David R. Schuler, Superintendent,
Township High School District 214, Arlington Heights, Illinois.
MARKUPS
In the 114th Congress, the Full Committee held 18 markups
and one business meeting. The Committee filed 15 legislative
reports and one conference report. No subcommittee markups were
held.
January 21, 2015--Full Committee Organizational Meeting to Adopt the
Committee Rules and Oversight Plan for the 114th Congress.
Committee Rules and Oversight Plan were adopted by voice
vote.
February 11, 2015--H.R. 5, Student Success Act
(Sponsor: Rep. John Kline)
H.R. 5 was ordered favorably reported to the House, as
amended, by a vote of 21-16 on February 11, 2015. The committee
report was filed on February 20, 2015 (House Report 114-5).
July 22, 2015--H.R. 511, Tribal Labor Sovereignty Act of 2015
(Sponsor: Rep. Todd Rokita)
H.R. 511 was ordered favorably reported to the House, as
amended, by voice vote on July 22, 2015. The committee report
was filed on September 10, 2015 (House Report 114-260).
September 30, 2015--Committee Print on Legislation Regarding the
Committee's Instructions Pursuant to Section 2002(a)(1) of S.
Con. Res. 11
Motion to transmit the Committee Print, as amended, to the
Committee on the Budget by a vote of 22-15 on September 30,
2015.
October 28, 2015--H.R. 3459, Protecting Local Business Opportunity Act
(Sponsor: Rep. John Kline)
H.R. 3459 was ordered favorably reported to the House, as
amended, by a vote of 21-15 on October 28, 2015. The committee
report was filed on December 1, 2015 (House Report 114-293).
November 18, 2015, and November 19, 2015--Conference meeting of House
and Senate Conferees to S. 1177, Every Child Succeeds Act
(Sponsor: Sen. Lamar Alexander)
Conference Report was ordered reported. The conference
report was filed on November 30, 2015 (H. Rept. 114-354).
February 2, 2016--H.R. 4294, Strengthening Access to Valuable Education
and Retirement Support Act of 2015
(Sponsor: Rep. Peter J. Roskam)
H.R. 4294 was ordered favorably reported to the House, as
amended, by a vote of 22-14 on March 20, 2015. The committee
report was filed on April 20, 2016 (House Report 114-512, Part
2).
February 2, 2016--H.R. 4293, Affordable Retirement Advice Protection
Act
(Sponsor: Rep. David ``Phil'' Roe)
H.R. 4293 was ordered favorably reported to the House, as
amended, by 22-14 on March 20, 2015. The committee report was
filed on April 20, 2016 (House Report 114-511).
April 21, 2016--H.J. Res. 88, Disapproving the rule submitted by the
Department of Labor relating to the definition of the term
``fiduciary''
(Sponsor: Rep. David ``Phil'' Roe)
H.J. Res. 88 was ordered favorably reported to the House by
a vote of 22-14 on April 21, 2016. The committee report was
filed on April 26, 2016 (House Report 114-527, Part 1).
April 28, 2016--H.R. 4843, Improving Safe Care for the Prevention of
Infant Abuse and Neglect Act
(Sponsor: Rep. Lou Barletta)
H.R. 4843 was ordered favorably reported to the House, as
amended, by voice vote on April 28, 2016. The committee report
was filed on May 10, 2016 (House Report 114-548).
May 18, 2016--H.J. Res. 87, Providing for congressional disapproval
under chapter 8 of title 5, United States Code, of the final
rule of the U.S. Department of Labor relating to
``Interpretation of the `Advice' Exemption in Section 203(c) of
the Labor-Management Reporting and Disclosure Act''
(Sponsor: Rep. Bradley Byrne)
H.J. Res. 87 was ordered favorably reported to the House by
a vote of 22-13 on May 18, 2016. The committee report was filed
on September 12, 2016 (House Report 114-739).
May 18, 2016--H.R. 5003, Improving Child Nutrition and Education Act of
2016
(Sponsor: Rep. Todd Rokita)
H.R. 5003 was ordered favorably reported to the House, as
amended, by a vote of 22-14 on May 18, 2016. The committee
report was filed on December 8, 2016 (House Report 114-852,
Part I).
June 20, 2016--H.R. 3178, Strengthening Transparency in Higher
Education Act
(Sponsor: Rep. Virginia Foxx)
H.R. 3178 was ordered favorably reported to the House, as
amended, by voice vote on June 20, 2016. The committee report
was filed on July 11, 2016 (House Report 114-674).
June 20, 2016--H.R. 3179, Empowering Students through Enhanced
Financial Counseling Act
(Sponsor: Rep. Brett Guthrie)
H.R. 3179 was ordered favorably reported to the House, as
amended, by voice vote on June 20, 2016. The committee report
was filed on July 11, 2016 (House Report 114-675).
June 22, 2016--H.R. 5528, Simplifying the Application for Student Aid
Act
(Sponsor: Rep. Joseph J. Heck)
H.R. 5528 was ordered favorably reported to the House, as
amended, by voice vote on June 22, 2016. The committee report
was filed on July 11, 2016 (House Report 114-678).
June 22, 2016--H.R. 5529, Accessing Higher Education Opportunities Act
(Sponsor: Rep. Joseph J. Heck)
H.R. 5529 was ordered favorably reported to the House, as
amended, by voice vote on June 22, 2016. The committee report
was filed on July 11, 2016 (House Report 114-676).
June 22, 2016--H.R. 5530, HBCU Capital Financing Improvement Act
(Sponsor: Rep. Alma S. Adams)
H.R. 5530 was ordered favorably reported to the House, as
amended, by voice vote on June 22, 2016. The committee report
was filed on July 11, 2016 (House Report 114-677).
July 7, 2016--H.R. 5587, Strengthening Career and Technical Education
for the 21st Century Act
(Sponsor: Rep. Glenn Thompson)
H.R. 5587 was ordered favorably reported to the House, as
amended, by a vote of 37-0 on July 7, 2016. The committee
report was filed on September 8, 2016 (House Report 114-725).
September 14, 2016--H.R. 5963, Supporting Youth Opportunity and
Preventing Delinquency Act of 2016
(Sponsor: Rep. Carlos Curbelo)
H.R. 5587 was ordered favorably reported to the House, as
amended, by a voice vote on September 14, 2016. The committee
report was filed on September 20, 2016 (House Report 114-763).
Subcommittee on Early Childhood, Elementary, and Secondary Education
HEARINGS
In the 114th Congress, the Subcommittee on Early Childhood,
Elementary, and Secondary Education held seven hearings.
February 12, 2015--``How Emerging Technology Affects Student Privacy''
(Printed Hearing 114-2)
The purpose of this hearing was to examine the need to
update the Family Educational Rights and Privacy Act (FERPA) in
order to help protect student privacy by limiting access to
education records.
Witnesses: Ms. Shannon Sevier, Vice President for Advocacy,
National Parent Teacher Association, San Antonio, Texas; Ms.
Allyson Knox, Director of Education Policy and Programs,
Microsoft, Washington, D.C.; Dr. Sheryl R. Abshire, Chief
Technology Officer, Calcasieu Parish Public Schools, Lake
Charles, Louisiana; Mr. Joel R. Reidenberg, Stanley D. and
Nikki Waxberg Chair and Professor of Law, Founding Academic
Director, Center on Law and Information Policy, Fordham Law
School, New York, New York.
April 22, 2015--``Examining the Challenges Facing Native American
Schools'' (Printed Hearing 114-10)
The purpose of this hearing was to examine, with the
Committee's jurisdiction in mind, federal support and
monitoring over the BIE school system.
Witnesses: Ms. Jill Burcum, Editorial Writer, Minneapolis
Star Tribune, Minneapolis, Minnesota; Mr. Brian Cladoosby,
President, National Congress of American Indians, Embassy of
Tribal Nations, Washington, D.C.; Ms. Melissa Emrey-Arras,
Director, Education, Workforce and Income Security Issues, U.S.
Government Accountability Office, Boston, Massachusetts; Mr.
Quinton Roman Nose, Executive Director Tribal Education
Departments National Assembly, Boulder, Colorado.
May 19, 2015--``Addressing Waste, Fraud, and Abuse in Federal Child
Nutrition Programs'' (Printed Hearing 114-15)
The purpose of this hearing was to examine potential waste,
fraud, and abuse in federal nutrition programs and ways to
prevent future fraud in the programs.
Witnesses: Mr. Gil Harden, Assistant Inspector General,
Office of Inspector General, U.S. Department of Agriculture,
Washington, D.C.; Ms. Zoe Neuberger, Senior Policy Analyst,
Center on Budget and Policy Priorities, Washington, D.C.; Ms.
Kay E. Brown, Director Education, Workforce, and Income
Security, U.S. Government Accountability Office, Washington,
D.C.; Ms. Jessica Lucas-Judy, Acting Director, Forensic Audits
and Investigative Service, U.S. Government Accountability
Office, Washington, D.C.
June 24, 2015--``Child Nutrition Assistance: Looking at the Cost of
Compliance for States and Schools'' (Printed Hearing 114-22)
The purpose of this hearing was to discuss the challenges
states and schools have faced in implementing the requirements
under the law and regulations for the Healthy, Hunger Free Kids
Act of 2010.
Witnesses: Dr. Melody Schopp, Secretary of Education, South
Dakota Department of Education, Pierre, South Dakota; Mr. John
Payne, President, Blackford County School Board of Trustees,
Hartford City, Indiana; Ms. Donna Martin, Director, School
Nutrition Program, Burke County, Public Schools, Waynesboro,
Georgia; Dr. Lynn Harvey, Chief School Nutrition Services, Safe
and Healthy Schools Support Division, North Carolina Department
of Public Instruction, Raleigh, North Carolina.
October 27, 2015--``Improving Career and Technical Education to Help
Students Succeed in the Workforce'' (Printed Hearing 114-33)
The purpose of this hearing was to focus on how to better
align career and technical education with student and employer
needs.
Witnesses: Dr. Deneece G. Huftalin, President, Salt Lake
Community College, Salt Lake City, Utah; Dr. Douglas Major,
Superintendent/CEO, Meridian Technology Center, Stillwater,
Oklahoma; Dr. Irelene Ricks, Director, Diversity in Life
Science Programs, Keystone Symposia on Molecular and Cellular
Biology, Silverthorne, Colorado; Mr. Tim Johnson, Director of
Government Relations; National Center for Construction
Education and Research, Baton Rouge, Louisiana.
February 10, 2106--``Next Steps for K-12 Education: Implementing the
Promise to Restore State and Local Control'' (Printed Hearing
114-38)
The purpose of this hearing was to receive feedback from
state and local stakeholders and legal experts regarding the
implementation of the Every Student Succeeds Act.
Witnesses: Ms. Joy Hofmeister, Superintendent of Public
Instruction, Oklahoma State Department of Education, Oklahoma
City, Oklahoma; Dr. Paul ``Vic'' Wilson, Superintendent,
Hartselle City Schools, Hartselle, Alabama; Ms. Selene A.
Almazan, Esq., Legal Director, Council of Parent Attorneys and
Advocates, Inc., Towson, Maryland; Mr. Kent D. Talbert,
Attorney at Law, Law Office of Kent D. Talbert, PLLC,
Washington, D.C.
September 21, 2016--``Supplanting the Law and Local Education Authority
Through Regulatory Fiat'' (Printed Hearing 114-53)
The purpose of this hearing was to examine with the U.S.
Department of Education's supplement, not supplant regulatory
proposal.
Witnesses: Dr. Steve Canavero, Superintendent of Public
Instruction, Nevada Department of Education, Carson City,
Nevada; Mr. Ryan Owens, Executive Director, Cooperative Council
for Oklahoma School Administration; Oklahoma City, Oklahoma;
Mr. Scott Sargrad, Managing Director, K-12 Education Policy,
Center for American Progress, Washington, D.C.; Dr. Nora E.
Gordon, Associate Professor of Public Policy, McCourt School of
Public Policy, Georgetown University, Washington, D.C.
Subcommittee on Health, Employment, Labor, and Pensions
HEARINGS
In the 114th Congress, the Subcommittee on Health,
Employment, Labor, and Pensions held 13 hearings, including two
field hearings and one joint hearing.
February 26, 2015--``The Blacklisting Executive Order: Rewriting
Federal Labor Policies Through Executive Fiat'' (Printed
Hearing 114-3) (Joint hearing with the Subcommittee on
Workforce Protections)
The purpose of this joint hearing was to examine the
current federal procurement system, the impact of the
Blacklisting Executive Order on that system, and concerns
raised by the contracting community, including implementation
issues, disregard of due process protections, the subjective
role of Labor Compliance Advisors, and the unreasonable scope
of the reporting requirements.
Witnesses: Mr. Willis Goldsmith, Partner, Jones Day, New
York, New York (testifying on behalf of the U.S. Chamber of
Commerce); Mr. Stan Soloway, President and CEO, Professional
Services Council, Arlington, Virginia; Ms. Angela Styles,
Partner, Crowell & Moring LLP, Washington, D.C.; Ms. Karla
Walter, Associate Director, American Worker Project, Center for
American Progress, Washington, D.C.
March 4, 2015--H.J. Res. 29, ``Providing for congressional disapproval
under chapter 8 of title 5, United States Code, of the rule
submitted by the National Labor Relations Board relating to
representation case procedures'' (Printed Hearing 114-4)
The purpose of this hearing was to examine the current
National Labor Relations Board's representational election
process, the changes made by the ambush election rule to that
process, and the impact of the rule on employees, employers,
and unions.
Witnesses: Ms. Brenda Crawford, Registered Nurse, Murrieta,
California; Mr. Roger King, Senior Labor and Employment
Counsel, Washington, D.C. (testifying on behalf of the Retail
Industry Leaders Association); Mr. Arnold E. Perl, Member,
Glankler Brown, PLLC, Memphis, Tennessee; Mr. Glenn M. Taubman,
Staff Attorney, National Right to Work Legal Defense and
Education Foundation, Inc., Springfield, Virginia.
April 14, 2015--``Five Years of Broken Promises: How the President's
Health Care Law is Affecting America's Workplaces'' (Printed
Hearing 114-8)
The purpose of this hearing was to examine the Patient
Protection and Affordable Care Act's effect on businesses over
the past five years and employers' plans for the future.
Witnesses: Michael Brey, President, Brey Corp. t/a Hobby
Works(R), WingTOTE Manufacturing, LLC, Laurel, Maryland; Mr.
Rutland Paal, Jr., President, Rutland Beard Floral Group,
Scotch Plains, New Jersey (testifying on behalf of the Society
of American Florists); Ms. Sally Roberts, Human Resources
Director, Morris Communications Company, LLC, Augusta, Georgia
(testifying on behalf of the Society for Human Resource
Management); The Honorable Tevi Troy, Ph.D., President,
American Health Policy Institute, Washington, D.C.
April 29, 2015--``Examining Reforms to Modernize the Multiemployer
Pension System'' (Printed Hearing 114-12)
The purpose of this hearing was to examine proposals to
modernize the plan design options available to employers and
workers participating in the multiemployer pension system.
Witnesses: Randy G. DeFrehn, Executive Director, National
Coordinating Committee for Multiemployer Plans, Washington,
D.C.; Mark McManus, General Secretary-Treasurer, United
Association, Annapolis, Maryland; Steve Sandherr, Chief
Executive Officer, Associated General Contractors of America,
Arlington, Virginia; Andrew Scoggin, Executive Vice President,
Human Resources, Labor Relations, Public Relations & Government
Affairs, Albertsons LLC, Boise, Idaho.
June 16, 2015--H.R. 511, ``Tribal Labor Sovereignty Act of 2015''
(Printed Hearing 114-20)
The purpose of this hearing was to examine legislation
introduced by Rep. Todd Rokita that would prevent the National
Labor Relations Board from exerting jurisdiction over Native
American businesses operated on tribal lands.
Witnesses: The Honorable Rodney Butler, Chairman,
Mashantucket Pequot Tribal Council, Mashantucket, Connecticut;
Mr. Richard Guest, Staff Attorney, Native American Rights Fund,
Washington, D.C.; The Honorable Jefferson Keel, Lieutenant
Governor, Chickasaw Nation, Ada, Oklahoma; Mr. Gary Navarro,
Slot Machine Attendant and Bargaining Committee Member, UNITE
HERE Local 2850, The Graton Casino and Resort, Rohnert Park,
California.
June 17, 2015--``Restricting Access to Financial Advice: Evaluating the
Costs and Consequences for Working Families and Retirees''
(Printed Hearing 114-21)
The purpose of this hearing was to examine a proposal by
the U.S. Department of Labor to vastly expand the definition of
``fiduciary'' and how the proposed rule will impact workers,
small businesses, and retirees.
Witness Panel 1: The Honorable Thomas E. Perez, Secretary,
U.S. Department of Labor, Washington, D.C.
Witnesses Panel 2: Mr. Jack Haley, Executive Vice
President, Fidelity Investments, Boston, Massachusetts; Mr.
Dean Harman, CFP, Managing Director, Harman Wealth Management,
The Woodlands, Texas; Mr. Dennis Kelleher, President and CEO,
Better Markets, Washington, D.C.; Mr. Kent Mason, Partner,
Davis & Harman LLP, Washington, D.C.; Brian Reid, Ph.D., Chief
Economist, Investment Company Institute, Washington, D.C.
August 25, 2015--``Redefining `Employer' and the Impact on Alabama's
Workers and Small Business Owners'' (Field Hearing in Mobile,
Alabama) (Printed Hearing 114-25)
The purpose of this field hearing was to examine National
Labor Relations Board efforts to rewrite how the Board
determines joint employer status under the National Labor
Relations Act and how that would dramatically alter the way
franchise businesses operate.
Witnesses: Mr. Marcel L. Debruge, Partner, Burr & Forman
LLP, Birmingham, Alabama; Mr. Chris Holmes, President, CLH
Development, Inc., Tallahassee, Florida; Col. Steve Carey,
Owner and Operator, CertaPro Painters of Mobile & Baldwin
Counties, Daphne, Alabama.
August 27, 2015--``Redefining `Employer' and the Impact on Georgia's
Workers and Small Business Owners'' (Field Hearing in Savannah,
Georgia) (Printed Hearing 114-26)
The purpose of this field hearing was to examine National
Labor Relations Board efforts to rewrite how the Board
determines joint employer status under the National Labor
Relations Act and how that would dramatically alter the way
franchise businesses operate.
Witnesses: Mr. Jeffrey Mintz, Shareholder, Littler
Mendelson P.C., Atlanta, Georgia; Mr. Kalpesh ``Kal'' Patel,
President & COO, Image Hotels, Inc., Pooler, Georgia; Mr. Alex
Salgueiro, President and CEO, Savannah Restaurants Corp.,
Savannah, Georgia; Mr. Fred Weir, President, Meadowbrook
Restaurant Company Inc., Cumming, Georgia.
September 29, 2015--H.R. 3459, ``Protecting Local Business Opportunity
Act'' (Printed Hearing 114-28)
The purpose of this hearing was to examine the need for
H.R. 3459, the Protecting Local Business Opportunity Act, which
restores the long-held standard for determining ``joint
employer'' status under the National Labor Relations Act.
Witnesses: Mr. Ed Braddy, President, Winlee Foods, LLC,
Timonium, Maryland; Mr. Kevin Cole, CEO, Ennis Electric
Company, Inc., Manassas, Virginia; Mr. Charles Cohen, Senior
Counsel, Morgan, Lewis & Bockius, LLP, Washington, D.C.; Ms.
Mara Fortin, President & CEO, Nothing Bundt Cakes San Diego,
San Diego, California; Mr. Michael Harper, Professor, Boston
University School of Law, Boston, Massachusetts; Dr. Anne
Lofaso, Professor, West Virginia University College of Law,
Morgantown, West Virginia.
December 2, 2015--``Principles for Ensuring Retirement Advice Serves
the Best Interests of Working Families and Retirees'' (Printed
Hearing 114-35)
The purpose of this hearing was to examine the recent U.S.
Department of Labor notice of proposed rulemaking (NPRM)
amending the regulatory definition of ``fiduciary'' under the
Employee Retirement Income Security Act.
Witnesses: The Honorable Bradford R. Campbell, Ph.D., MPH,
Counsel, Drinker Biddle & Reath, LLP, Washington, D.C.; Ms.
Rachel A. Doba, President, DB Engineering, LLC, Indianapolis,
Indiana; Mr. Jules O. Gaudreau, Jr. ChFC, CIC, President, The
Gaudreau Group, Inc., Wilbraham, Massachusetts; Ms. Marilyn
Mohrman-Gillis, Esq., Managing Director, Public Policy &
Communications, Certified Financial Planner Board of Standards,
Washington, D.C.
April 14, 2016--``Innovations in Health Care: Exploring Free-Market
Solutions for a Healthy Workforce'' (Printed Hearing 114-45)
The purpose of this hearing was to examine innovations in
employer-sponsored health care insurance coverage, a system
that insures over 150 million Americans.
Witnesses: Ms. Sabrina Corlette, J.D., Senior Research
Professor, Center on Health Insurance Reforms, Georgetown
University's Health Policy Institute, Washington, D.C.; Ms.
Tresia Franklin, Director, Total Rewards and Employee
Relations, Hallmark Cards, Inc., Kansas City, Missouri; Ms. Amy
McDonough, Vice President and General Manager of Corporate
Wellness, Fitbit, San Francisco, California; Mr. John Zern,
Executive Vice President and Global Health Leader, Aon,
Chicago, Illinois.
April 27, 2016--``The Persuader Rule: The Administration's Latest
Attack on Employer Free Speech and Worker Free Choice''
(Printed Hearing 114-47)
The purpose of this hearing was to examine a March 24,
2016, U.S. Department of Labor final rule expanding reporting
requirements under the Labor-Management Reporting and
Disclosure Act for employers and labor consultants.
Witnesses: Mr. Joseph Baumgarten, Partner, Proskauer Rose
LLP, New York, New York; Mr. Jonathan D. Newman, Partner,
Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, D.C.;
Mr. Wm. T. ``Bill'' Robinson III, Member, Frost Brown Todd LLC,
Florence, Kentucky; Ms. Sharon L. Sellers, President, SLS
Consulting, LLC, Santee, South Carolina (testifying on behalf
of the Society for Human Resource Management).
September 22, 2016--``Discussion Draft to Modernize Multiemployer
Pensions'' (Printed Hearing 114-54)
The purpose of this hearing was to examine the discussion
draft released by Chairman Kline on September 9, 2016,
authorizing ``composite plans,'' a new plan design option that
would be available to employers and workers participating in
the multiemployer pension system.
Witnesses: Mr. David Certner, Legislative Counsel and
Legislative Policy Director, AARP Government Affairs,
Washington, D.C.; Mr. Randy DeFrehn, Executive Director,
National Coordinating Committee for Multiemployer Plans,
Washington, D.C.; Mr. Jeff Green, Principal, Harris Davis Reber
LLC, Bellevue, Nebraska; Mr. Rick Terven, Executive Vice
President, United Association of Journeymen and Apprentices of
the Plumbing and Pipe Fitting Industry, Annapolis, Maryland.
Subcommittee on Higher Education and Workforce Training
HEARINGS
In the 114th Congress, the Subcommittee on Higher Education
and Workforce Training held five hearings, including one joint
hearing.
March 17, 2015--``Strengthening America's Higher Education System''
(Printed Hearing 114-5)
The purpose of this hearing was to explore policy proposals
that align with the Committee's four pillars for
reauthorization of the Higher Education Act: (1) empowering
students and families to make informed decisions; (2)
simplifying and improving student aid; (3) promoting
innovation, access, and completion; and (4) ensuring strong
accountability and a limited federal role.
Witnesses: The Honorable Mitchell E. Daniels, Jr.,
President, Purdue University, West Lafayette, Indiana; Dr.
Christine M. Keller, Vice President, Research and Policy
Analysis, Executive Director, Voluntary System of
Accountability and Student Achievement Measure, Association of
Public & Land-grant Universities, Washington, D.C.; Mr. David
A. Bergeron, Vice President, Postsecondary Education, Center
for American Progress, Washington, D.C.; Mr. Michael J.
Bennett, Associate Vice President, Financial Aid Services, St.
Petersburg College, St. Petersburg, Florida.
April 30, 2015--``Improving College Access and Completion for Low-
Income and First-Generation Students'' (Printed Hearing 114-13)
The purpose of this hearing was to explore policy proposals
and best practices to strengthen programs to help disadvantaged
students access and complete higher education.
Witnesses: Dr. Laura Perna, James S. Riepe, Professor,
Executive Director, Alliance for Higher Education and
Democracy, University of Pennsylvania, Philadelphia,
Pennsylvania; Dr. Charles J. Alexander, Associate Vice Provost
for Student Diversity, Director, Academic Advancement Program,
Associate Adjunct Professor, University of California, Los
Angeles, Los Angeles, California; Dr. Michelle Asha Cooper,
President, Institute for Higher Education Policy, Washington,
D.C.; Dr. Joe D. May, Chancellor, Dallas County Community
College District, Dallas, Texas.
September 10, 2015--``Preventing and Responding to Sexual Assault on
College Campuses'' (Printed Hearing 114-27)
The purpose of this hearing was to explore policy proposals
and best practices to help higher education institutions
address and respond to campus sexual assault and violence.
Witnesses: Ms. Dana Scaduto, General Counsel, Dickinson
College, Carlisle, Pennsylvania; Dr. Penny Rue, Vice President
for Campus Life, Wake Forest University, Winston-Salem, North
Carolina; Ms. Lisa M. Maatz, M.A., Vice President for
Government Relations, American Association of University Women,
Washington, D.C.; Mr. Joseph Cohn, Legislative and Policy
Director, Foundation for Individual Rights in Education,
Philadelphia, Pennsylvania.
November 18, 2015--``Federal Student Aid: Performance-Based
Organization Review'' (Printed Hearing 114-34) (Joint hearing
with the House Committee on Oversight and Government Reform's
Subcommittee on Government Operations)
The purpose of this joint hearing was to review the Office
of Federal Student Aid's responsibilities as a Performance-
Based Organization, evaluate their performance, and identify
possible areas of reform.
Witnesses: Mr. James Runcie, Chief Operating Officer, U.S.
Department of Education; Ms. Melissa Emrey-Arras, Director
Education, Workforce, and Income Security, U.S. Government
Accountability Office, Washington, D.C.; The Honorable Kathleen
Tighe, Inspector General, U.S. Department of Education,
Washington, D.C.; Mr. Ben Miller, Senior Director,
Postsecondary Education, Center for American Progress; Mr.
Justin Draeger, President, National Association of Student
Financial Aid Administrators.
May 24, 2016--``Demanding Accountability at the Corporation for
National and Community Service'' (Printed Hearing 114-49)
The purpose of this hearing was to examine the protocols
for monitoring the activities of grantees, subgrantees, and
AmeriCorps members of the Corporation for National and
Community Service.
Witnesses: The Honorable Wendy Spencer, Chief Executive
Officer, Corporation for National and Community Service,
Washington, D.C.; The Honorable Deborah Jeffrey, Inspector
General, Corporation for National and Community Service,
Washington, D.C.
Subcommittee on Workforce Protections
HEARINGS
In the 114th Congress, the Subcommittee on Workforce
Protections held 12 hearings, including one field hearing.
February 26, 2015--``The Blacklisting Executive Order: Rewriting
Federal Labor Policies Through Executive Fiat'' (Printed
Hearing 114-3) (Joint hearing with the Subcommittee on Health,
Employment, Labor, and Pensions)
The purpose of this joint hearing was to examine the
current federal procurement system, the impact of Executive
Order 13673, ``Fair Pay and Safe Workplaces,'' on that system,
and concerns raised by the contracting community, including
implementation issues, disregard of due process protections,
the subjective role of Labor Compliance Advisors, and the
unreasonable scope of the reporting requirements under the
executive order.
Witnesses: Mr. Willis Goldsmith, Partner, Jones Day, New
York, New York (testifying on behalf of the U.S. Chamber of
Commerce); Mr. Stan Soloway, President and CEO, Professional
Services Council, Arlington, Virginia; Ms. Angela Styles,
Partner, Crowell & Moring LLP, Washington, D.C.; Ms. Karla
Walter, Associate Director, American Worker Project, Center for
American Progress, Washington, D.C.
March 24, 2015--H.R. 548, ``Certainty in Enforcement Act of 2015'';
H.R. 549, ``Litigation Oversight Act of 2015''; H.R. 550,
``EEOC Transparency and Accountability Act''; and H.R. 1189,
``Preserving Employee Wellness Programs Act'' (Printed Hearing
114-7)
The purpose of this hearing was to examine the need for
legislation in response to the Equal Employment Opportunity
Commission's increasingly aggressive approach toward enforcing
federal non-discrimination laws.
Witnesses: Ms. Gail Heriot, Professor of Law, University of
San Diego School of Law, San Diego, California; Ms. Tanya Clay
House, Director of Public Policy, Lawyers' Committee for Civil
Rights Under Law, Washington, D.C.; Mr. Paul Kehoe, Senior
Counsel, Seyfarth Shaw LLP, Washington, D.C. (testifying on
behalf of the U.S. Chamber of Commerce); Ms. Tamara Simon,
Managing Director, Knowledge Resource Center, Buck Consultants,
Washington, D.C. (testifying on behalf of the American Benefits
Council).
April 23, 2015--``Protecting America's Workers: An Enforcement Update
from the Mine Safety and Health Administration'' (Printed
Hearing 114-11)
The purpose of this hearing was to examine the policies and
procedures instituted by Mine Safety Health Administration in
response to improved technology and regulatory changes required
by the Mine Improvement and New Emergency Response Act.
Witness: The Honorable Joseph A. Main, Assistant Secretary,
Mine Safety and Health, U.S. Department of Labor, Arlington,
Virginia.
May 20, 2015--``Reforming the Workers' Compensation Program for Federal
Employees'' (Printed Hearing 114-16)
The purpose of this hearing was to examine proposed reforms
to the Federal Employees' Compensation Act and provide an
overview of the Act, which is the exclusive remedy by which
federal workers obtain disability, survivor, medical, and
rehabilitation benefits for work-related injuries and
illnesses.
Witnesses: The Honorable Scott Dahl, Inspector General,
U.S. Department of Labor, Washington, D.C.; Mr. Leonard Howie,
III, Director, Office of Workers' Compensation Programs, U.S.
Department of Labor, Washington, D.C.; Dr. Andrew Sherrill,
Director of Education, Workforce, and Income Security, U.S.
Government Accountability Office, Washington, D.C.; Mr. Ron
Watson, Director of Retired Members, National Association of
Letter Carriers, Washington, D.C.
June 10, 2015--``Reviewing the Rules and Regulations Implementing
Federal Wage and Hour Standards'' (Printed Hearing 114-18)
The purpose of this hearing was to examine the Fair Labor
Standards Act, focusing primarily on the FLSA's shortcomings
and the disparity between the Act and today's twenty-first
century workplace.
Witnesses: Ms. Nicole Berberich, Human Resources Director,
Cincinnati Animal Referral and Emergency (CARE) Center,
Cincinnati, Ohio (testifying on behalf of the Society for Human
Resource Management); Mr. Leonard Court, Senior Partner, Crowe
& Dunlevy, Oklahoma City, Oklahoma (testifying on behalf of the
U.S. Chamber of Commerce); the Honorable Seth D. Harris, Former
Acting U.S. Secretary of Labor and Deputy U.S. Secretary of
Labor, Distinguished Scholar, Cornell University School of
Industrial and Labor Relations, Ithaca, New York (testifying on
own behalf); Mr. Jamie Richardson, Vice President, White Castle
Systems, Inc., Columbus, Ohio (testifying on behalf of the
National Council of Chain Restaurants).
July 23, 2015--``Examining the Costs and Consequences of the
Administration's Overtime Proposal'' (Printed Hearing 114-23)
The purpose of this hearing was to examine the proposed
overtime rule and its effect on employers and employees.
Witnesses: Mr. Ross Eisenbrey, Vice President, Economic
Policy Institute, Washington, D.C.; Ms. Elizabeth Hays,
Director of Human Resources, MHY Family Services, Mars,
Pennsylvania; The Honorable Tammy McCutchen, Principal, Littler
Mendelson P.C., Washington, D.C.; Mr. Eric Williams, Chief
Operating Officer, CKE Restaurant Holdings, Inc., Carpinteria,
California.
October 7, 2015--``Protecting America's Workers: An Enforcement Update
from the Occupational Safety and Health Administration''
(Printed Hearing 114-30)
The purpose of this hearing was to examine the policies and
priorities instituted by the Occupational Safety and Health
Administration, its regulatory agenda, and its response to
legal actions involving the agency.
Witness: The Honorable David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for Occupational Safety and
Health, U.S. Department of Labor, Washington, D.C.
October 21, 2015--``Protecting America's Workers: Reviewing Mine Safety
Policies with Stakeholders'' (Printed Hearing 114-32)
The purpose of this hearing was to examine the impact of
mine safety policies on the mining industry, as well as their
impact on the health and safety of American mine workers.
Witnesses: Mr. Ed Elliott, Director of Safety and Health,
Rogers Group, Inc., Vincennes, Indiana; Dr. Jeffery L. Kohler,
Professor and Chair of Mining Engineering, Pennsylvania State
University, University Park, Pennsylvania; Mr. Steve Sanders,
Esq., Director, Appalachian Citizens' Law Center, Whitesburg,
Kentucky; Mr. Bruce Watzman, Senior Vice President, Regulatory
Affairs, National Mining Association, Washington, D.C.; Mr.
Mike Wright, Director of Health, Safety and Environment, United
Steelworkers, Pittsburgh, Pennsylvania.
December 9, 2015--``How the Administration's Regulatory Onslaught is
Affecting Workers and Job Creators'' (Printed Hearing 114-36)
The purpose of this hearing was to examine the U.S.
Department of Labor's regulations and their impact on business
growth, hiring, productivity, and wages.
Witnesses: Mr. Sam Batkins, Director of Regulatory Policy,
American Action Forum, Washington, D.C.; Mr. Ralph Beebe,
President, Highland Engineering, Howell, Michigan (testifying
on behalf of the National Federation of Independent Business);
Ms. Christine Owens, Executive Director, National Employment
Law Project, Washington, D.C.; Mr. Bradford Hammock,
Shareholder and Co-leader of the Workplace Safety and Health
Practice Group, Jackson Lewis P.C., Reston, Virginia.
March 29, 2016--``The 21st Century Workforce: How Current Rules and
Regulations Affect Innovation and Flexibility in Michigan's
Workplaces'' (Field Hearing in Lansing, Michigan) (Printed
Hearing 114-44)
The purpose of this hearing was to examine the Fair Labor
Standards Act, focusing on its shortcomings and the disparity
between its requirements and the 21st century workplace.
Witnesses: Ms. Nancy McKeague, Senior Vice President,
Michigan Health and Hospital Association, Okemos, Michigan
(testifying on behalf of the Society for Human Resource
Management); Mr. Jared Meyer, Fellow, Economics21 at the
Manhattan Institute, Washington, D.C.; Dr. Dale Belman,
Professor, School of Labor and Industrial Relations, Michigan
State University, East Lansing, Michigan; Ms. Laurita Thomas,
Associate Vice President for Human Resources, University of
Michigan, Ann Arbor, Michigan; Mr. D. Mark Wilson, Vice
President, Health and Employment Policy, HR Policy Association,
Washington, D.C.
April 19, 2016--``Reviewing Recent Changes to OSHA's Silica Standards''
(Printed Hearing 114-46)
The purpose of this hearing was to examine changes to the
Occupational Safety and Health Administration's silica
standards and the potential impact they will have on the
nation's workplaces.
Witnesses: Mr. Ed Brady, President, Brady Homes Illinois,
Bloomington, Illinois (testifying on behalf of the National
Association of Home Builders); Ms. Janis Herschkowitz,
President, Regal Cast, Lebanon, Pennsylvania (testifying on
behalf of the American Foundry Society); Dr. James Melius,
M.D., Dr.P.H., Director of Research, Laborers' Health and
Safety Fund of North America, Albany, New York; Mr. Henry
Chajet, Of Counsel, Jackson Lewis P.C., Reston, Virginia
(testifying on behalf of the U.S. Chamber of Commerce).
May 25, 2016--``Promoting Safe Workplaces Through Effective and
Responsible Recordkeeping Standards'' (Printed Hearing 114-50)
The purpose of this hearing was to examine regulatory
initiatives by the U.S. Department of Labor's Occupational
Safety and Health Administration to change injury and illness
reporting requirements.
Witnesses: Mr. David Sarvadi, Esq., Partner, Keller and
Heckman LLP, Washington, D.C. (testifying on behalf of the
Coalition for Workplace Safety); Ms. Lisa Sprick, President,
Sprick Roofing Co., Inc., Corvallis, Oregon (testifying on
behalf of the National Roofing Contractors Association);
Rosemary Sokas, M.D., MOH, MSc., Professor and Chair,
Department of Human Science, Georgetown University School of
Nursing and Health Studies, Washington, D.C. (testifying on
behalf of the American Public Health Association); Mr. Arthur
G. Sapper, Esq., Partner, McDermott Will & Emery, Washington,
D.C.
Legislation Referred to Committee With House Passage
H.R. 5, Student Success Act (Sponsor: Rep. John Kline) July 8,
2015.
H.R. 8, North American Energy Security and Infrastructure Act
of 2015 (Sponsor: Rep. Fred Upton) December, 7, 2015.
H.R. 159, Stop Exploitation Through Trafficking Act of 2015
(Sponsor: Erik Paulsen) December 3, 2015.
H.R. 246, To improve the response to victims of child sex
trafficking (Sponsor: Rep. Joyce Beatty) January 27,
2015.
H.R. 329, Indian Employment, Training and Related Services
Consolidation Act of 2015 (Sponsor: Rep. Don Young)
December 7, 2016.
H.R. 468, Enhancing Services for Runaway and Homeless Victims
of Youth Trafficking Act of 2015 (Sponsor: Rep. Joseph
J. Heck) January 26, 2015.
H.R. 469, Strengthening Child Welfare Response to Trafficking
Act of 2015 (Sponsor: Rep. Karen Bass) January 27,
2015.
H.R. 511, Tribal Labor Sovereignty Act of 2015 (Sponsor: Rep.
Todd Rokita) November 17, 2015.
H.R. 596, To repeal the Patient Protection and Affordable Care
Act and health care-related provisions in the Health
Care and Education Reconciliation Act of 2010, and for
other purposes (Sponsor: Rep. Bradley Byrne) February
3, 2015.
H.R. 1090, Retail Investor Protection Act (Sponsor: Rep. Ann
Wagner) October 27, 2015.
H.R. 1806, America COMPETES Reauthorization Act of 2015
(Sponsor: Rep. Lamar Smith) May 20, 2015.
H.R. 2617, An act to amend the Fair Minimum Wage Act of 2007 to
reduce a scheduled increase in the minimum wage
applicable to American Samoa (Sponsor: Rep. Aumua Amata
Coleman Radewagen) September 28, 2015.
H.R. 2646, Helping Families in Mental Health Crisis Act of 2016
(Sponsor: Rep. Tim Murphy) July 6, 2015.
H.R. 3038, Highway and Transportation Funding Act of 2015, Part
II (Sponsor: Rep. Paul D. Ryan) July 15, 2015.
H.R. 3178, Strengthening Transparency in Higher Education Act
(Sponsor: Rep. Virginia Foxx) July 11, 2016.
H.R. 3179, Empowering Students Through Enhanced Financial
Counseling Act (Sponsor: Rep. Brett Guthrie) July 11,
2016.
H.R. 3236, Surface Transportation and Veterans Health Care
Choice Improvement Act of 2015 (Sponsor: Rep. Bill
Shuster) July 29, 2016.
H.R. 3594, Federal Perkins Loan Program Extension Act of 2015
(Sponsor: Rep. Mike Bishop) September 28, 2015.
H.R. 4583, To promote a 21st century energy and manufacturing
workforce (Sponsor: Rep. Bobby L. Rush) February 29,
2016.
H.R. 4680, National Park Service Centennial Act (Sponsor: Rep.
Rob Bishop) December 7, 2016.
H.R. 4843, Infant Plan of Safe Care Improvement Act (Sponsor:
Rep. Lou Barletta) May 11, 2016.
H.R. 4919, Kevin and Avonte's Law of 2016 (Sponsor: Rep.
Christopher Smith) December 8, 2016.
H.R. 5278, PROMESA (Sponsor: Rep. Sean P. Duffy) June 9, 2016.
H.R. 5447, Small Business Health Care Relief Act of 2016
(Sponsor: Rep. Charles W. Boustany, Jr.) June 21, 2016.
H.R. 5528, Simplifying the Application for Student Aid Act
(Sponsor: Rep. Joseph J. Heck) July 11, 2016.
H.R. 5529, Accessing Higher Education Opportunities Act
(Sponsor: Rep. Joseph J. Heck) July 11, 2016.
H.R. 5530, HBCU Capital Financing Improvement Act (Sponsor:
Rep. Alma S. Adams) July 11, 2016.
H.R. 5587, Strengthening Career and Technical Education for the
21st Century Act (Sponsor: Rep. Glenn Thompson)
September 13, 2016.
H.R. 5963, Supporting Youth Opportunity and Preventing
Delinquency Act of 2016 (Sponsor: Rep. Carlos Curbelo)
September 22, 2016.
H.R. 6094, Regulatory Relief for Small Businesses, Schools, and
Nonprofits Act (Sponsor: Rep. Tim Walberg) September
28, 2016.
H.J. Res. 88, Disapproving the rule submitted by the U.S
Department of Labor relating to the definition of the
term ``fiduciary'' (Sponsor: Rep. David ``Phil'' Roe)
April 28, 2016.
H. Con. Res. 138, Designating the George C. Marshall Museum and
George C. Marshall Research Library in Lexington,
Virginia, as the National George C. Marshall Museum and
Library (Sponsor: Rep. Bob Goodlatte) July 11, 2016.
S. 192, Older Americans Act Reauthorization Act of 2016
(Sponsor: Rep. Lamar Alexander) March 21, 2016.
S. 1124, WIOA Technical Amendments Act (Sponsor: Rep. Lamar
Alexander) May 12, 2015.
Legislation Referred to Committee Enacted into Law
P.L. 114-18, S. 1124, WIOA Technical Amendments Act (Sponsor:
Sen. Lamar Alexander) May 22, 2015.
P.L. 114-41, H.R. 3236, Surface Transportation and Veterans
Health Care Choice Improvement Act of 2015 (Sponsor:
Bill Shuster) July 31, 2015.
P.L. 114-61, H.R. 2617, An act to amend the Fair Minimum Wage
Act of 2007 to reduce a scheduled increase in the
minimum wage applicable to American Samoa (Sponsor:
Rep. Aumua Amata Coleman Radewagen) October 7, 2015.
P.L. 114-105, H.R. 3594, Federal Perkins Loan Program Extension
Act of 2015 (Sponsor: Mike Bishop) December 18, 2015.
P.L. 114-144, S. 192, Older Americans Act Reauthorization Act
of 2016 (Sponsor: Sen. Lamar Alexander) April 19, 2016.
Legislation within Committee Jurisdiction Enacted into Law
P.L. 114-22, S. 178, Justice for Victims of Trafficking Act of
2015 (Sponsor: Sen. John Cornyn) May 29, 2015.
P.L. 114-74, H.R. 3112, Bipartisan Budget Act of 2015 (Sponsor:
Rep. Patrick Meehan) November 2, 2015. (Contains
provision from H.R. 3112)
P.L. 114-95, S. 1177, Every Student Succeeds Act (Sponsor: Sen.
Lamar Alexander) December 10, 2015.
P.L. 114-113, H.R. 2029, Military Construction and Veterans
Affairs and Related Agencies Appropriations Act, 2016
(Sponsor: Rep. Charles W. Dent) December 18, 2015.
P.L. 114-124, H.R. 3033, READ Act (Sponsor: Rep. Lamar Smith)
February 18, 2016.
P.L. 114-198, S. 524, Comprehensive Addiction and Recovery Act
of 2016 (Sponsor: Sen. Sheldon Whitehouse) July 22,
2016.
P.L.114-__, S. 2943, National Defense Authorization Act for
Fiscal Year 2017 (Sponsor: Sen. John McCain) December
23, 2016.
Oversight Plan Summary and Correspondence
On January 21, 2015, the Committee adopted an oversight
plan for the 114th Congress. In fulfilling is obligation to
ensure effective federal policies and programs, 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 helps ensure policies 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' 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 policies,
programs, and practices.
The Committee identified the following areas in particular
for oversight and investigation in the 114th Congress:
Implementation of elementary and secondary
education programs and policies, including the use of waiver
authority and the impact of these policies on the ability of
students to access to a quality education;
Administration of elementary through postsecondary
education programs to reduce duplicative, ineffective and
burdensome regulations;
Implementation of postsecondary education programs
to ensure access to transparent information for students and
families;
Implementation of the nation's job training system
under the Workforce Innovation and Opportunity Act to help
workers attain skills for 21st century jobs, provide greater
accountability to taxpayers, and help put Americans back to
work;
Implementation of the Patient Protection and
Affordable Care Act and how the law affects employers' ability
to provide quality, affordable health care to employees;
Administration of the National Labor Relations Act
to ensure employee and employer rights are protected and
applied consistently and without bias, giving particular
scrutiny to the National Labor Relations Board's changes to
union election rules and decisions affecting long-standing
joint-employer standards;
Administration of the U.S. Department of Labor's
activities to ensure rules or regulations benefit the long-term
financial security of working families and do not impede the
ability of individuals to save for retirement;
Implementation of the Multiemployer Pension Reform
Act and additional needed pension reforms that will both
protect taxpayers and encourage employer participation; and
Administration of regulations to ensure laws
operate as written by Congress in an open and transparent
manner and do not overstep the authority of Congress.
Along with gathering information through hearings, the
Committee conducts oversight of federal programs under its
jurisdiction through general information gathering. To evaluate
the effectiveness and administration of federal laws, the
Committee initiated the following oversight correspondence:
January 5, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, submitting comments on the Office of
Federal Contract Compliance Programs' Notice of Proposed
Rulemaking to require federal contractors to report summary
data on employee compensation broken down by sex, race, and
ethnicity under Executive Order 11236.
January 12, 2015--Letter to Chair Jenny R. Yang and
Commissioners Constance S. Barker, Chai R. Feldblum, and
Victoria A. Lipnic, U.S. Equal Employment Opportunity
Commission, requesting information concerning the
Commission's issuance of enforcement guidance entitled
``Religious Garb and Grooming in the Workplace: Rights and
Responsibilities.''
January 14, 2015--Letter to Comptroller General Gene L. Dodaro,
U.S. Government Accountability Office, requesting a study
of the current federal and state programs serving children
under the age of five.
February 2, 2015--Letter to Chairman Mark Pearce, National
Labor Relations Board, requesting documents and
communications related to the timing of the Board's
publication of the ``ambush election'' rulemaking when it
failed to be reported as a short-term action in the 2014
Fall Unified Agenda.
February 6, 2015--Letter to Acting Chairman Patrick Nakamura,
Federal Mine Safety and Health Review Commission,
requesting information regarding the Commission's decision
to hold a closed meeting regarding citations against Broody
Mining, LLC, and subsequent decision to cancel the closed
meeting.
February 11, 2015--Letter to Assistant Secretary David
Michaels, Occupational Safety and Health Administration,
U.S. Department of Labor, encouraging the agency to
consider the recommendations of the Coalition for Crane
Operation Safety as it implements its revised standard for
cranes and derricks in construction.
February 13, 2015--Letter to Director Charles M. Roessel,
Bureau of Indian Education, U.S. Department of the
Interior, expressing concern over recent reports of the
deplorable conditions of schools maintained by the Bureau
of Indian Education.
February 20, 2015--Letter to Secretary Sylvia Mathews Burwell,
U.S. Department of Health and Human Services, thanking her
for her ongoing efforts to inform the Committee of the
Department's progress implementing the Child Care and
Development Block Grant Act of 2014, as well including a
list of provisions which affirms Congressional intent.
March 4, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting information concerning
coordination between the Department and the Securities and
Exchange Commission regarding attempts to regulate for the
purpose of expanding fiduciary liability.
March 11, 2015--Letter to Assistant Secretary David Michaels,
Occupational Safety and Health Administration, requesting
the agency withdraw its guidance changing criteria for
businesses participating in the Safety and Health
Achievement Recognition Program.
March 16, 2015--Letter to Chairman Tom Price, Committee on the
Budget, and Ranking Member Chris Van Hollen, Committee on
the Budget, U.S. House of Representatives, asking them to
address the needs of special needs children, their
families, and their educators in the Fiscal Year 2016
Budget.
March 17, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting the Department immediately
implement new Workforce Innovation and Opportunity Act
requirements for contractor quality.
March 23, 2015--Letter to Chairman Hal Rogers, Committee on
Appropriations, Chairman Ken Calvert, Subcommittee on
Interior, Environment, and Related Agencies, Ranking Member
Nita M. Lowey, Committee on Appropriations, and Ranking
Member Betty McCollum, Subcommittee on Interior,
Environment, and Related Agencies, the U.S. House of
Representatives, urging the Committee to help address the
deplorable conditions of schools maintained by BIE.
March 24, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, continuing the Committee's request for
information concerning coordination between the Department
and the Securities and Exchange Commission to regulate for
the purposes of expanding fiduciary liability.
March 25, 2015--Letter to Chairman Hal Rogers, Committee on
Appropriations, Chairman Tom Cole, Subcommittee on Labor,
Health, and Human Services, Ranking Member Nita M. Lowey,
Committee on Appropriations, and Ranking Member Rosa
DeLauro, Subcommittee on Labor, Health, and Human Services,
U.S. House of Representatives, asking for support in
addressing the challenges facing special needs students,
their families, and their educators in the Fiscal Year 2016
appropriations.
April 10, 2015--Letter to Secretary Sylvia Mathews Burwell,
U.S. Department of Health and Human Services, expressing
concern about the health and safety of children enrolled in
the Head Start program.
April 28, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting a briefing and an update on
the Office of Labor-Management Standards' approval process
for California transit grants following California's
passage of the Public Employee Pension Reform Act of 2012.
May 29, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting the Department to extend
the period for public comment the Employee Benefits
Security Administration's Notice of Proposed Rulemaking
(RIN 1210-AB32) entitled ``Definition of the Term
`Fiduciary'; Conflict of Interest Rule-Retirement
Investment Advice.''
June 2, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, continuing the Committee's request for
information concerning coordination between the Department
and the Securities and Exchange Commission to regulate for
the purposes of expanding fiduciary liability.
June 15, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, raising concerns with the
implementation of the Workforce Innovation and Opportunity
Act of 2014.
June 15, 2015--Letter to Secretary Arne Duncan, U.S. Department
of Education, stating concerns with the Department's
proposal to eliminate all uncompensated positions from the
definition of ``employment outcome'' for the purposes of
vocational rehabilitation in the recently enacted Workforce
Innovation and Opportunity Act of 2014.
July 15, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, and Administrator Anne Rung, Office of
Federal Procurement Policy, Office of Management and
Budget, requesting the proposed implementing guidance and
rule, Executive Order 13673, be withdrawn.
June 19, 2015--Letter to Bernadette Wilson, Acting Executive
Officer, Executive Secretariat, Equal Employment
Opportunity Commission, submitting comments on the Notice
of Proposed Rulemaking (RIN 3046-AB01) amending regulations
implementing the Americans with Disabilities Act with
respect to employee wellness programs.
July 21, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, submitting comments on the Employee
Benefits Security Administration's Notice of Proposed
Rulemaking (RIN 1210-AB32) amending the definition of
``fiduciary'' under the Employee Retirement Income Security
Act.
July 29, 2015--Letter to Secretary Arne Duncan, U.S. Department
of Education, expressing concerns with the proposed cash
management regulation published in the Federal Register on
May 18, 2015, which would impose costly and unnecessary
regulatory burdens on colleges and universities trying to
help students manage their federal financial aid.
August 7, 2015--Letter to Secretary Sylvia Mathews Burwell,
U.S. Department of Health and Human Services, requesting
information about sub-regulatory guidance issued on out-of-
pocket maximums as applied to employer-sponsored health
coverage under the Patient Protection and Affordable Care
Act.
August 21, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting an extension of the period
for public comment on the Wage and Hour Division's Notice
of Proposed Rulemaking (RIN 1235-AA11) to revise overtime
regulations under the Fair Labor Standards Act and to
request information regarding the rulemaking's ambiguity
concerning possible changes to the duties test.
August 26, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, and Administrator Anne Rung, Office of
Federal Procurement Policy, submitting comments on the
Department's proposed guidance and the Federal Acquisition
Regulatory Council's proposed rule to implement Executive
Order 13673.
September 17, 2015--Letter to Secretary Sylvia Mathews Burwell,
U.S. Department of Health and Human Services, expressing
concern with proposed changes to Head Start regulations.
September 21, 2015--Letter to Assistant Secretary Joseph A.
Main, Mine Safety and Health Administration, U.S.
Department of Labor, requesting information concerning how
the agency is working to ensure sampling technology used to
measure air quality in mines is capable of accurately
distinguishing between coal and rock dust. In addition,
this inquiry requested the agency provide the results of
any studies examining the interaction of rock dust and the
use of Continuous Personal Dust Monitors.
September 25, 2015--Letter to Administrator David Weil, Wage
and Hour Division, U.S. Department of Labor, requesting an
explanation why the Department had failed for the past five
years to implement the requirements of the McNamara-O'Hara
Service Contract Act by not determining local wage rates.
October 13, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting documents and other
information regarding the Occupational Safety and Health
Administration's attempts to amend implementation of its
multiemployer citation policy.
October 20, 2015--Letter to Acting Administrator, Centers for
Medicare and Medicaid Services, U.S. Department of Health
and Human Services, requesting the agency consider adopting
lower reimbursement rates for plan years 2015 and 2016 and
to end the regulatory requirement that self-insured
companies and multi-employer health plans contribute to the
reinsurance program under the Patient Protection and
Affordable Care Act.
October 23, 2015--Letter to Director Richard Cordray, Consumer
Financial Protection Bureau (CFPB), informing the CFPB that
its investigative demand to the Accrediting Council for
Independent Colleges and Schools is outside of its
jurisdiction.
November 3, 2015--Letter to Secretary Arne Duncan, U.S.
Department of Education, seeking clarification as to how
the Department calculates cohort default rates.
December 11, 2015--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting the Occupational Safety and
Health Administration withdraw its guidance memoranda
related to the Process Safety Management regulation until
such time as the agency undertakes a formal rulemaking
process under the Administrative Procedure Act.
January 19, 2016--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, continuing the Committee's request for
documents and other information regarding the Occupational
Safety and Health Administration's attempts to amend
implementation of its multiemployer citation policy.
January 28, 2016--Letter to Bernadette Wilson, Acting Executive
Officer, Executive Secretariat, U.S. Equal Employment
Opportunity Commission, submitting comments on the NPRM
(RIN 3046-AB02) amending regulations implementing the
Genetic Information Nondiscrimination Act of 2008 with
respect to employee wellness programs.
February 12, 2016--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting information relating to
meetings and communications with outside parties concerning
the Wage and Hour Division's proposal to revise overtime
regulations under the Fair Labor Standards Act.
February 22, 2016--Letter to Secretary Sylvia Mathews Burwell,
U.S. Department of Health and Human Services, expressing
views regarding certain provisions of the NPRM published in
the Federal Register on December 24, 2015, in regards to
the Child Care and Development Block Grant Act of 2014.
March 16, 2016--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting an extension of the period
for public comment on the Wage and Hour Division's NPRM
(RIN 1235-AA13) entitled ``Establishing Paid Sick Leave for
Federal Contractors, Executive Order 13706.''
March 18, 2016--Letter to President Justin Draeger, National
Association of Student Financial Aid Administrators,
requesting additional input from institutions concerning
their experiences with the Office of Federal Student Aid
and whether the office is meeting its responsibilities.
March 29, 2016--Letter to Chair Jenny Yang, Equal Employment
Opportunity Commission, requesting an extension of the
period for public comment on proposed revisions of the
Employer Information Report (EEO-1) data collection
requirements to include pay data and also requesting
information relating to meetings and communications with
outside parties concerning the proposal.
April 8, 2016--Letter to Secretary John King, U.S. Department
of Education, requesting responses to questions regarding
the Student Aid Enforcement Unit.
May 17, 2016--Letter to Secretary John King, U.S. Department of
Education, asking questions about the recent negotiated
rulemaking session on provisions in the Every Student
Succeeds Act.
May 26, 2016--Letter to Secretary Jacob J. Lew, U.S. Department
of the Treasury, requesting information concerning the
Department's decision to reject the Central States Pension
Fund's proposed rescue plan.
May 27, 2016--Letter to Thomas E. Perez, U.S. Department of
Labor, citing concerns about Job Corps and its improvement
through the Workforce Innovation and Opportunity Act.
June 10, 2016--Letter to Secretary John King, U.S. Department
of Education, inquiring about a common manual for servicing
federal student loans.
June 10, 2016--Letter to Secretary John King, U.S. Department
of Education, addressing concerns and seeking transparency
on the heightened cash monitoring process.
June 22, 2016--Letter to Comptroller General Gene L. Dodaro,
U.S. Government Accountability Office, requesting a study
be done on the Summer Food Service Program to determine
need and effectiveness.
June 24, 2016--Letter to Secretary John King, U.S. Department
of Education, requesting information concerning the
Department's recent handling of the negotiated rulemaking
process in regards to the borrower defenses to repayment
included within the Higher Education Act.
June 30, 2016--Letter to Chief Shaheena Simons, Educational
Opportunities Section, Civil Rights Division, U.S.
Department of Justice, and to United States Attorney Damon
Martinez, District of New Mexico, U.S. Department of
Justice, requesting information about the April 22, 2016
letter (the ``UNM findings letter'') the office sent to the
president of the University of New Mexico regarding the
Department of Justice's recently concluded investigation of
the university under Title IX of the Education Amendments
of 1972 (Title IX) and Title IV of the Civil Rights Act of
1964 (Title IV).
June 30, 2016--Letter to Assistant Secretary for Civil Rights
Catherine E. Lhamon, U.S. Department of Education Office
for Civil Rights, requesting specific information in
regards to the Office for Civil Rights' position on the
definition of sexual harassment.
July 5, 2016--Letter to Bernadette B. Wilson, Acting Executive
Officer, Executive Secretariat, U.S. Equal Employment
Opportunity Commission, submitting comments regarding the
Commission's proposed enforcement guidance on national
origin discrimination.
July 6, 2016--Letter to Assistant Secretary for Civil Rights
Catherine E. Lhamon, U.S. Department of Education Office
for Civil Rights, requesting documents and communications
related to the process for entering into resolution
agreements with the Department's Office for Civil Rights.
August 1, 2016--Letter to Secretary John King, U.S. Department
of Education and Attorney General Loretta Lynch, U.S.
Department of Justice, requesting additional information
regarding the ``Dear Colleague Letter on Transgender
Students.''
August 8, 2016--Letter to Secretary John King, U.S. Department
of Education, expressing concerns with the Department's
proposal for a single servicer solution for federal student
loans and requesting a briefing from Department staff.
August 15, 2016--Letter to Joseph B. Nye, Policy Analyst,
Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), submitting comments regarding
the U.S. Equal Employment Opportunity Commission's notice
of submission for OMB review of the Commission's proposed
revisions of the Employer Information Report (EEO-1) data
collection requirements to include pay data.
September 20, 2016--Letter to Secretary John King, U.S.
Department of Education, requesting information on the
Department's regulatory agenda for the remainder of the
114th Congress.
September 20, 2016--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting information concerning the
Department's plans to issue rulemakings and non-regulatory
policy changes during the final months of the Obama
administration. In addition, this inquiry requested
information concerning attempts to hire political
appointees into the civil service.
October 4, 2016--Letter to Secretary John King, U.S. Department
of Education, requesting responses to specific questions
regarding the removal of federal recognition of the
Accrediting Council for Independent Colleges and Schools.
October 17, 2016--Letter to Comptroller General Gene L. Dodaro,
U.S. Government Accountability Office, citing concern the
U.S. Department of Education does not appropriately train
its staff responsible for monitoring compliance with the
Every Student Succeeds Act or help states appropriately
train state monitoring officials with their efforts to
implement the law.
October 26, 2016--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, continuing the Committee's request for
documents and other information regarding the Occupational
Safety and Health Administration's attempts to amend
implementation of its multiemployer citation policy.
October 28, 2016--Letter to Secretary Thomas E. Perez, U.S.
Department of Labor, requesting information concerning the
Office of Labor-Management Standards' implementation of
reporting requirements for worker centers under the Labor-
Management Reporting and Disclosure Act.
November 4, 2016--Letter to Wendy Spencer, Chief Executive
Officer of the Corporation for National and Community
Service (CNCS), detailing CNCS's failures to properly
monitor and implement oversight of grantees and requests
documentation on oversight activity.
November 4, 2016--Letter to Secretary John King, U.S.
Department of Education, regarding concerns with the
Supplement, Not Supplant NPRM through the public comment
period.
December 5, 2016--Letter to Office of Regulations and
Interpretations, Employee Benefits Security Administration,
U.S. Department of Labor, submitting comments on the
agency's Notice of Proposed Rulemaking (RIN 1210-AB63)
revising annual reporting and disclosure requirements under
the Employee Retirement Income Security Act.
Committee Activity Statistics--114th Congress
Total Number of Hearings--55
Total Number of Full Committee Hearings--18
Total Number of Subcommittee Hearings--37
Total Number of Field Hearings--3
Total Number of Bills and Other Committee Materials Considered
in Markup Session--19
Total Number of Filed Legislative Reports--16
Total Number of House Bills Referred--840
Total Number of Bills Referred to the Committee with House
Passage--34
Total Number of Bills Referred to the Committee Enacted into
Law--5
Total Number of Bills within Committee Jurisdiction Enacted
into Law--7
Total Number of Initiated Oversight Correspondence--67
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
through reduced criminal activity, reliance on federal
benefits, and other outcomes. Furthermore, state and local
elected officials, 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. Committee Democrats are committed to
improving access to high-quality early learning opportunities,
as evidenced by the introduction of the Strong Start for
America's Children Act of 2015, H.R. 2411, and leadership to
prioritize early childhood education in reauthorization of the
Elementary and Secondary Education Act (ESEA). H.R. 2411 would
allow all children in families earning at or below 200% of the
Federal Poverty Line the opportunity to attend a high-quality
pre-K program.
During the first session of the 114th Congress, Committee
Democrats fought successfully to include the authorization of
Preschool Development Grants into the Every Student Succeeds
Act (ESSA), which was signed into law in December of 2015.
Additionally, access to high quality early childhood education
as a crucial component to improving student success was
prioritized throughout ESSA, such as by including early
childhood educators in professional development programs,
allowing for the use of Title I funds for district early
learning programs, and allowing charter schools to use federal
funds for preschool classrooms.
Large percentages of eligible children, however, continue
to lack access to quality early learning programs. Many of
these children live in under-resourced communities that are not
able to help provide a nurturing environment. The disaster in
Flint, Michigan is an example of how lack of investments and
cuts in government funding lead to even more costly tragedies
that disproportionately affect the most vulnerable communities.
All children living in Flint and many in the surrounding
communities suffered from lead poisoning due to a contaminated
water supply. The effects of lead poisoning in children,
especially children under age five, can lead to life-long
impacts, including lower IQ, an inability to regulate
behaviors, and chronic health effects. Early learning programs,
such as Head Start and IDEA services for infants and toddlers,
and child nutrition programs, such as WIC and the Child and
Adult Care Food Program, are uniquely set up to help mitigate
the effects of lead poisoning in children. Regrettably,
repeated calls from Committee Democrats to hold a hearing on
effectively using federal programs within the Committee's
jurisdiction to mitigate the long-term negative impact of lead
poisoning and increase federal investments for early learning
resources in Flint went unanswered by the Republican Majority.
Committee Democrats, during the second session, supported
bipartisan efforts to include in appropriations bills, an
increase in funding for Head Start and Child Care Development
Block Grants, and continued funding for Early Head Start-Child
Care Partnerships.
K-12 Education. During the 1st session of the 114th
Congress, Committee Democrats joined the Majority and Members
of the Senate Committee on Health, Education, Labor, and
Pensions to successfully conference the House and Senate bills
to reauthorize the Elementary and Secondary Education Act
(ESEA). Conference came following a highly partisan Committee
and protracted floor process that accompanied The Student
Success Act, H.R. 5, which resulted in only narrow passage of
the measure (with 12 Republicans joining a unified House
Democratic Conference to oppose passage). In the face of
widespread opposition to both the House and Senate bills,
Committee Democrats strategically employed their considerable
leverage at the Conference table to demand key equity-focused
improvements to the ESEA reauthorization vehicle, resulting in
a Conference report (The Every Student Succeeds Act, S. 1177)
endorsed by a broad array of constituencies, including
teachers, parents, state, district, and school administrators,
and civil rights advocates, among others. President Obama
signed ESSA on December 10th, 2015. Committee Democrats are
proud of the role they played to secure a comprehensive ESEA
reauthorization that honors the civil rights legacy of the law
and upholds the Democratic principle of equity of educational
opportunity.
Committee Democrats are particularly proud of the
bipartisan consensus in support of key Democratic priorities,
including provisions to require states to have challenging
academic standards in reading and math; maintain annual,
statewide assessments aligned to state standards to ensure that
parents receive meaningful information about student and school
performance; support responsible efforts to reduce over-testing
in our nation's classrooms; ensure that all students count
within the state's system of measuring and acting to support
school improvement; repeal and replace adequate yearly progress
with a strong state-developed accountability system that is
focused on academic outcomes, but uses multiple measures of
student learning and school success beyond tests; drives more
equitable allocation of resources to support school
improvement; and strengthens state and local responsibility for
improving low-performing schools while requiring continuous
improvement to support student learning, including a
requirement to act when any individual subgroup of students is
not learning.
Most importantly, Committee Democrats successfully fought
to preserve the full regulatory, oversight, and enforcement
authority of the U.S. Department of Education. Although ESSA
transfers much responsibility to states, the statute maintains
the Department's robust authority to fully implement the law.
The Secretary is prohibited from interfering in some state and
local decisions regarding accountability and school improvement
activities, including interference with state discretion to set
standards aligned to college entrance, but he or she is charged
by Congress with holding each state accountable for compliance
with statutory and regulatory requirements to ensure that
implementation fulfills Congressional intent to hold all states
accountable for meeting the needs of all students.
Committee Democrats worked with Committee Republicans to
oversee the Department's implementation activity throughout the
2nd session and are pleased with the Departments urgency to
provide states and school districts with clarity and guidance
to ensure faithful implementation of the statute. Committee
Democrats look forward to working with Committee Republicans
and the incoming Administration to ensure implementation of
ESSA adheres to the longstanding and bipartisan intent of
Congress to protect and promote educational equity and civil
rights for all students.
In addition to the Committee's legislative agenda,
Committee Democrats worked with the Government Accountability
Office (GAO) to investigate the status of socioeconomic and
racial diversity in our nation's public schools. Released in
May of 2016, the report shows an alarming trend of re-
segregation in public education, leaving the promise of Brown
v. Board unfulfilled. In response to the report's findings
Committee Democrats introduced the Equity and Inclusion
Enforcement Act, H.R. 5260 and the Stronger Together School
Diversity Act of 2015, H.R. 5738. Committee Democrats also held
a forum on the issue of school diversity after request for
official committee action on the issue went ignored by the
Chairman. Committee Democrats are committed to elevating this
issue in the 115th Congress.
To support states and school districts in tackling the
teacher shortage, Committee Democrats introduced the
Innovations to Recruit and Retain Excellent Teachers Act, H.R.
6236, in November of 2016. Because issues of teacher
recruitment and retention impact students' current and future
socioeconomic outcomes, H.R. 6236 seeks to empower states and
school districts to develop innovative, tailored strategies to
ensure that students (especially those from low-income
families) are taught by a well-supported and diverse workforce
of excellent teachers. The bill would build on the recruitment
and retention initiatives funded through ESEA Title II, as
updated by ESSA. Committee Democrats are committed to robust
support for public school teachers to deliver world-class
instruction in every U.S. classroom.
Students with Disabilities. Committee Democrats are
committed to meeting the developmental and educational needs of
children with disabilities to empower each individual to pursue
opportunities for independent living and full integration into
society. To that end, Committee Democrats fought to
successfully secure key protections for students with
disabilities in ESSA, such as access to college- and career-
ready standards; the one percent cap on alternate assessments
based on alternate achievement standards for students with the
most significant cognitive disabilities; school-level
accountability for subgroup performance that requires action
when any individual subgroup of students is not performing
academically; and codification of both the four year adjusted
and extended year graduation rates in a manner that affords
states the appropriate credit for graduating students with
significant cognitive disabilities who earn a diploma that is
aligned to standards and requirements for a regular high school
diploma.
Committee Democrats understand that these and other
protections in ESSA, along with equity protections in the
Individuals with Disabilities Act (IDEA) and Title IV of the
Workforce Investment and Opportunity Act (WIOA) will be
rendered meaningless without appropriate regulatory clarity and
subsequent oversight and enforcement from the U.S. Department
of Education. Committee Democrats look forward to working with
Committee Republicans and the incoming Administration during
the 115th Congress to ensure faithful implementation of federal
law to protect and promote educational equity and civil rights
for all students, including students with disabilities.
In the 115th Congress, Committee Democrats will fight to
ensure that any reauthorization of the Individuals with
Disabilities Education Act strengthens due process protections
for students and families, provides schools with resources and
supports so students with disabilities are held to high
academic and achievement standards, and continues to improve
access to general education curriculum for students with
disabilities.
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) which introduced stronger nutrition standards for foods
served in schools, both during and outside the traditional meal
service. These robust standards ensure that children are
exposed to healthy foods and can begin forming healthy eating
habits in order to grow into healthy adults. According to
recent research, since the healthier standards have been put in
place, the overall nutritional quality of the foods chosen by
students has increased by 29 percent.\1\ Through the hard work
of many actors at the local, state, and federal levels, the
improved nutrition standards are in place at over 98 percent of
schools participating in the National School Lunch Program.\2\
Unfortunately, these standards have been criticized by
Republicans.
---------------------------------------------------------------------------
\1\Donna Johnson, Mary Podrabsky, Anita Rocha, JJ. Otten, ``Effect
of the Healthy Hunger-Free Kids Act on the Nutritional Quality of Meals
Selected by Students and School Lunch Participation Rates,'' JAMA
Pediatrics (January 4, 2016) available at: http://jamanetwork.com/
journals/jamapediatrics/article-abstract/2478057.
\2\USDA. School Meal Certification Data, (October 19, 2016)
available at: http://www.fns.usda.gov/sites/default/files/cn/
SFAcert_FY16Q3.pdf.
---------------------------------------------------------------------------
Over the four Committee hearings held in the 114th
Congress, Committee Democrats made clear that any
reauthorization of child nutrition programs must build on what
is already working and continue to improve services for those
the programs are intended to serve. Rather than moving the
country forward in a bipartisan fashion, the Committee
considered and passed a highly partisan child nutrition
reauthorization bill that would do the opposite. H.R. 5003, the
Improving Child Nutrition and Education Act of 2016, would roll
back access to and availability of nutritious meals, putting at
risk the current and future health of millions of
schoolchildren. The Republican reauthorization bill included an
increased burden on schools and families who participate in
school meals programs, a pilot program to block grant school
meals programs, and weakened nutrition standards for the foods
that fuel our nation's children and students. Not a single
Democrat voted in favor of the misguided legislation.
Further, H.R. 5003 proposed drastic changes to a successful
provision in the 2010 reauthorization that provides access to
free, nutritious meals to millions of students from low-income
families. The Community Eligibility Provision (CEP) allowed
more than 18,000 schools across the country to serve free,
universal, healthy school meals to 8.5 million children in
school year 2015-2016 without the stigma or burden of
paperwork.\3\ CEP has proven to be a powerful tool that allows
school districts to provide easier access to nutritious meals
for children in high-poverty schools and high-poverty areas by
simplifying program eligibility and eliminating unnecessary and
redundant school meal applications. Despite its demonstrated
efficacy and popularity, H.R. 5003 would make it harder for
schools and children to qualify for CEP, again, rolling back
the progress of the 2010 reauthorization.
---------------------------------------------------------------------------
\3\Food Research Action Council & Center on Budget and Policy
Priorities. Community Eligibility Adoption Rises for the 2015-2016
School Year, Increasing Access to School Meals, (May 13, 2016)
available at: http://frac.org/pdf/take-up-of-cep-report.pdf.
---------------------------------------------------------------------------
Committee Democrats offered over two dozen amendments to
H.R. 5003 with the goal of improving access to nutritious meals
both inside and outside of school. Committee Democrats urged:
preserving CEP and strong nutrition standards in child
nutrition programs, improving summer and afterschool feeding
programs so that those programs can reach more children
(mirroring bipartisan legislation introduced by Rep. Davis and
Rep. Bonamici, respectively), meaningful improvements to an
expansion of WIC services, and ensuring that safe drinking
water is available to all students. The amendments, along with
the other amendments offered, represent the priorities of
Committee Democrats that will continue to drive their efforts
in improving federal child nutrition programs.
Child Safety. The safety of all children must be the
highest priority for this Committee. In 2016, Committee
Republicans and Committee Democrats collaborated on a
bipartisan child welfare bill that unanimously passed the House
to support children who are born dependent on opioids, known as
Neonatal Abstinence Syndrome, due to the parent's addiction to
illegal or prescription drugs. The Infant Plan of Safe Care
Improvement Act, H.R. 4843, amended the Child Abuse Prevention
and Treatment Act (CAPTA) to strengthen requirements for the
state to ensure the safety of the infant and well-being of the
caregiver following the child's release from a healthcare
provider. The bill became law on July 22, 2016 as part of a
larger legislative package to address opioid abuse called the
Comprehensive Addiction and Recovery Act (CARA). CARA takes a
broad approach to help Americans addicted to opioids, from
reforming the drug approval process to providing better care
for individuals suffering from addiction. While Committee
Democrats welcome H.R. 4843 as a bipartisan achievement during
the 114th Congress, Committee Democrats look forward to more
robust Committee discussion on issues of child safety and well-
being, including achieving a bipartisan comprehensive CAPTA
reauthorization.
Committee Democrats were disappointed that Committee
Republicans held no hearings on policy issues central to
improving child safety, such as abusive seclusion and restraint
practices in schools, child abuse in residential programs for
teens, 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 Congress 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. Sponsored by Rep. DeSaulnier, the Protecting Student
Athletes from Concussions Act of 2015, H.R. 2062, 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.
Student Data Privacy. Protecting student privacy is a
priority that transcends party lines. In July of 2015 Committee
Democrats and Committee Republicans worked to introduce the
bipartisan Student Privacy Protection Act, H.R. 3157, a bill to
modernize the Family Educational Rights and Privacy Act (FERPA)
of 1974. Recognizing advances in the delivery of educational
programs and services since the law's enactment, including use
of modern technology, the legislation would update federal
student data privacy protections to align with the evolving use
of 21st century technology in kindergarten through
postsecondary education. Committee Democrats believe that any
efforts to improve FERPA must be bipartisan and not only
modernize student protections, but also strengthen parental
involvement, hold bad actors accountable, and allow for
appropriate uses of technology and research for improving
student outcomes. Despite multiple hearings on the issue of
student data privacy throughout the 114th Congress, there was
no further Committee action on H.R. 3157.
Juvenile Justice. In the 114th Congress, Committee
Democrats sought to emphasize the importance of federal
investment in research-based and effective juvenile justice and
delinquency prevention programs. Ranking Member Scott and
Committee Democrats strongly believe that federal supports for
state juvenile justice systems need to be maintained and
strengthened. Committee Democrats know that investments in
evidence-based practices designed to both prevent children from
committing juvenile offenses, and intervene in the lives of
children having committed such offenses are cost-effective
investments that result in fiscal savings and better outcomes
for young people.
In too many communities in America, an ineffective
educational system converges with an unresponsive juvenile
justice system to create a ``Cradle to Prison Pipeline.''
According to estimates from the Children's Defense Fund, 1 in 3
African-American Boys born in the year 2000 will spend a
portion of their lives incarcerated. To bring Congressional
attention to this problem and in an effort to dismantle the
cradle to prison pipeline, and replace it with a Cradle to
College or the Workforce Pipeline, Ranking Member Scott
introduced H.R. 2197, the Youth Prison Reduction through
Mentoring, Intervention, Support, and Education (Youth PROMISE)
Act in May of 2015. This bipartisan legislation would fund the
planning and implementation of locally tailored, holistic
continuums of evidence-based programs designed to put young
people on the right track and keep them there.
Committee Democrats remain committed to reauthorizing the
Juvenile Justice and Delinquency Prevention Act of 1974
(JJDPA). JJDPA provides federal money to states for the
administration of state juvenile justice systems while also
establishing core protections for juveniles in state systems.
The law also authorizes prevention programs to keep young
people from entering the juvenile justice system and
intervention programs to prevent juvenile offenders from
further interaction with the juvenile and criminal justice
systems. Last updated in 2002, JJDPA has been out of
authorization since 2007. Since fiscal year 2002, federal
investment in these vital programs and services has decreased
by more than 50 percent.
In June of 2015, Ranking Member Scott introduced H.R. 2728,
the Youth Justice Act of 2015, a comprehensive reauthorization
of the JJDPA. The bill raised authorization levels for juvenile
justice programs considerably and strengthened all of the core
protections for juveniles in the system. Committee Democrats'
persistence on the issue was pivotal in the Committee convening
a hearing in October of 2015 on juvenile justice. In June of
2016, the Committee held an informal roundtable with juvenile
justice officials and service providers from around the
country. Additionally, Committee members and staff attended
site visits to juvenile justice facilities in the District of
Columbia to better understand local implementation of federal
juvenile justice programs.
As a result of this bipartisan work, on September 8, 2016,
Rep. Curbelo and Ranking Member Scott introduced H.R. 5963, the
Supporting Youth Opportunity and Preventing Delinquency Act of
2016. This comprehensive reauthorization of JJDPA sought to
strengthen each of the federal core protections for youth in
state systems, emphasize the use of evidence-based and trauma-
informed practices in the administration of such systems, and
restructure grant programs for delinquency prevention to a
model based on the Youth PROMISE Act. The bill was reported out
of Committee unanimously and passed the U.S. House of
Representatives 382-29 on September 22, 2016, the first time a
JJDPA reauthorization vehicle received a vote on the floor of
either chamber of Congress since the 2002 reauthorization.
While efforts to pass H.R. 5963 through the Senate were
ultimately unsuccessful, Committee Democrats look forward to
building upon this foundation to enact a bipartisan
comprehensive JJDPA reauthorization in the next Congress.
Career and Technical Education. The Carl D. Perkins Career
and Technical Education (CTE) Act provides federal support to
state and local secondary and postsecondary education CTE
programs that provide students the knowledge, skills, and
experience necessary to succeed in today's competitive
marketplace. Long overdue for reauthorization, Committee
Republicans and Committee Democrats introduced a bipartisan
bill, the Strengthening Career and Technical Education for the
21st Century Act, H.R. 5587, which overwhelmingly passed the
House 405-5 on September 13, 2016. Despite overwhelming
bipartisan and constituent support for the bill, the Senate
failed to consider and pass H.R. 5587.
H.R. 5587 embodied Committee Democrats' commitments to
reauthorize the law to increase alignment between CTE programs
and careers; ensure opportunity for participation in CTE for
underserved students; improve collaboration between secondary
and postsecondary programs, industry, employers, and community
partners; promote innovation in CTE programs; improve outcomes
for students, employers, and communities; and strengthen the
federal commitment to support delivery of high-quality CTE
programs. Committee Democrats stand ready to resume work on a
bipartisan reauthorization that honors these commitments in the
next Congress.
Higher Education. Throughout the 114th Congress, Committee
Democrats have prioritized equity in higher education by
fighting to improve college access, affordability, and
completion to ensure that all students--not just those who have
been traditionally served by higher education--receive an equal
chance at success.
While there are marked policy differences between Committee
Democrats and Republicans on higher education, there were some
areas of common ground. In July of 2015, Republican and
Democratic members of the Committee came together to introduce
bills to make discrete improvements in the areas of: data
transparency (H.R. 3178, the Strengthening Transparency in
Higher Education Act), financial aid counseling (H.R. 3179,
Empowering Students Through Enhanced Financial Counseling Act),
and simplification of the Free Application for Federal Student
Aid (FAFSA) (H.R. 3177, the Simplifying the Application for
Student Aid Act (later refiled as H.R. 5528)). In June of 2016,
bipartisan legislation was introduced to enhance federal
supports for institutions serving minority students,
specifically at Hispanic-serving Institutions (H.R. 5529, the
Accessing Higher Education Opportunities Act) and Historically
Black Colleges and Universities (H.R. 5530, the HBCU Capital
Financing Improvement Act). All of these bills were reported
out of Committee and passed the U.S. House of Representatives
unanimously, yet none have been acted on by the Senate.
While Committee Democrats are proud of this bipartisan
collaboration, these bills are not a substitute for a
comprehensive rewriting of the Higher Education Act. We remain
focused on evidence-based, results driven higher education
policies to improve access, affordability, and completion for
all.
All members of the U.S. House of Representatives spoke with
one voice when the chamber unanimously passed, in September of
2015, H.R. 3594, the Federal Perkins Loan Program Extension Act
of 2015, bipartisan legislation to extend the Perkins Loan
Program. Committee Democrats believe the Perkins program is an
important tool that gives college financial aid offices
flexibility to tailor awards to students. Unfortunately, Senate
amendments to H.R. 3594 made the undergraduate Perkins program
less generous and eliminated new borrowers to the graduate
program. In order to keep the Perkins program alive, House
Democratic and Republican members agreed to the Senate
amendments.
Evidence shows that many low-income students and parents
are deterred from even applying to college due to exorbitant
college costs and general unawareness of federal financial aid
that can make college more affordable. Because a college degree
remains the greatest driver of socioeconomic mobility in
America, Ranking Member Scott introduced H.R. 2962, the
America's College Promise Act of 2015 to make two years of
community college free and provide an affordable pathway to a
four-year college degree for low-income students. Committee
Democrats believe advancing comprehensive policy solutions to
improve college affordability for socioeconomically
disadvantaged students should be a nonpartisan issue, yet no
Republican Member of Congress has signed on to this bill, which
now has more than 110 House Democrats as cosponsors.
Committee Democrats support Congressional action to reduce
student loan debt by lowering interest rates or by giving
borrowers the option to refinance their debt when lower rates
are available. In March of 2015 Rep. Courtney introduced H.R.
1434, the Bank on Students Emergency Loan Refinancing Act to do
just that. The Congressional Budget Office has estimated that
enacting this legislation would provide $50 billion in debt
relief for student borrowers, putting money back in the pockets
of millions of young Americans who are straining to get a
decent start in life. The House Democratic Conference strongly
supports the measure and believes that the federal student loan
program should not be a source of profit for the federal
government, with 181 House Democrats cosponsoring the
legislation, and 173 petitioning House leadership to discharge
the Committee on Education and the Workforce from considering
the bill and move it directly to the House floor. Again, no
Republican Member of Congress has signed on to either the bill
or the discharge petition. Committee Democrats remain committed
to advancing this policy goal through any action on
comprehensive reauthorization of the Higher Education Act.
Led by Committee Democrats, Democratic Members of Congress
fought throughout the 114th Congress to protect the Pell Grant
Program, the cornerstone of federal financial aid. Pell Grants
provide millions of low-income students' access to higher
education. Due to lower-than-expected program costs throughout
the last several years, this Congress the Pell Grant program
held a balance of $7.8 billion in funds more than necessary to
meet current need. This excess funding became an attractive
vehicle to fund Congressional priorities outside of the Pell
Grant program during the Fiscal Year (FY) 2017 House and Senate
Appropriations Committee processes and subsequent omnibus
negotiations. Committee Democrats believe that redirecting
funds away from the Pell Grant Program would not only make
college less affordable for millions of Americans in the short-
term, but also jeopardizes the future of the entire program.
Committee Democrats urged Members of the Appropriations
Committee to utilize the FY 2017 appropriations process to
reduce the burden of college costs for students in need by
using some of the surplus to restore year-round Pell, increase
the maximum discretionary award, and keep any remaining funds
in the account for the sole use of the Pell Grant program.
Committee Democrats will remain vigilant in efforts to both
protect Pell grant funding in the 115th Congress, and are
hopeful Committee Republicans will join them in that effort.
While protecting Pell Grant program funding is a worthy
starting point, House Democrats believe Congress must improve
the program to better meet the needs of students. Committee
Democrats put forth several such proposals during the 114th
Congress. Ranking Member of the Higher Education and Workforce
Training Subcommittee, Rep. Ruben Hinojosa, introduced three
measures to safeguard and significantly improve the program by
removing Pell grant funding from the yearly appropriations
process (H.R. 1956, the Pell Grant Protection Act); raising the
grant award to cover the cost of in-state tuition and indexing
the award to inflation (H.R. 1957, the Pell Grant Cost of
Tuition Adjustment Act), and restoring funding for year-round
Pell Grants (H.R. 1958, the Year-Round Pell Grant Restoration
Act).
Improved access to higher education provided by a robust
investment in the Pell Grant program is meaningless if
government and institutions fail to adequately support low-
income and first generation students to complete their degree
programs. Research shows that one of every 10 Pell Grant
recipients fails to refile his or her FAFSA when returning for
their second year. A recent report found that Pell-eligible
students were more than twice as likely as non-Pell-eligible
students to experience difficulty obtaining their parents
financial information. Additionally, due to the filing of both
student and parent financial information, dependent students
take twice as long to refile the FAFSA than independent
students, who must provide only their own financial data.
Financial information is useful for calculating aid eligibility
the first time a FAFSA is filed, but because data demonstrates
consistency in Pell award amounts for dependent students upon
refiling, there is no need to collect this information year
after year. To simplify the FAFSA for dependent low-income
students, Ranking Member Scott introduced H.R. 5784, the File
Once FAFSA Act of 2016. The legislation would allow dependent
Pell Grant recipients to file just once before going to college
and forgo burdensome refiling in subsequent years. This
legislation would make it easier for nearly 3.5 million low-
income students to obtain critical Pell Grant aid.
State disinvestment in higher education is a chief cause of
rising college costs. Low-income students are increasingly
forced to rely on loan rather than grant aid. This is why
Committee Democrats have fought to ensure that all students
have access to affordable loan repayment plans. More than 8
million student borrowers are in default on their student
loans, many of whom would have qualified for a lower payment in
an existing income-driven repayment plan. In September of 2016,
Rep. Bonamici introduced H.R. 5962, the Streamlining Income-
driven, Manageable Payments on Loans for Education (SIMPLE)
Act, a bipartisan bill to help struggling student loan
borrowers enroll in the most affordable repayment plans
available to them. The legislation would also automate the
annual process of updating borrowers' income information while
enrolled in income-driven repayment plans, which would help
keep payments affordable. Committee Democrats have also urged
the U.S. Department of Education to improve the quality of
servicing provided by federal student loan servicers and debt
collectors.
In many cases, borrowers who default are actually those who
are having a difficult time finding a job that allows them to
repay their loans. According to a national survey administered
through the U.S. Department of Education, the overwhelming
majority--more than 60 percent--of borrowers who default are
students who left school with no degree. This is why in
addition to issues of access and affordability, Committee
Democrats have fought to improve student supports and increase
completion rates, especially for low-income students.
Committee Democrats recognize that meaningful
accountability for institutional and program quality in higher
education is needed. To hold institutions and programs
accountable, we need better data that accounts for all
students. Although the majority of college students are no
longer first-time, full-time students, the data available
through Integrated Postsecondary Education Data System
(IPEDS)--the federal government's most comprehensive higher
education dataset--mostly reports data only for this subset of
students. Recognizing this shortcoming, House Democrats have
urged the Department of Education to develop metrics that
account for all students. In response to the Department's
Notice of Public Rulemaking (NPRM) on revisions to the
Integrated Postsecondary Education Data System (IPEDS), Ranking
Member Scott supported proposals to collect graduation rates
disaggregated by Pell Grant recipients and Subsidized Stafford
Loan borrowers who did not receive a Pell Grant. Committee
Democrats also urged the Department to gather more detailed
data on how borrowers at risk of re-default are performing in
repayment. Committee Democrats urge the Department to continue
more comprehensive data collection on student outcomes,
especially for students who have been traditionally underserved
by higher education. Committee Democrats believe that these
data requests are not a substitution for the collection of
student unit level data by the Department of Education, which
would provide Congress, states, and institutions with holistic
information that could transform how we hold students, schools,
loan servicers, and debt collectors accountable in higher
education to improve quality.
Lastly, Committee Democrats remain committed to safe and
supportive learning environments for all postsecondary
students. In a September 2015 Committee hearing entitled,
``Preventing and Responding to Sexual Assault on College
Campuses,'' Committee Democrats put forth a unified message
that Title IX of the Education Amendments of 1972, the Clery
Act (which includes the Campus SaVE Act when the Violence
Against Women Act was reauthorized in 2013) and FERPA are
fundamental tools for the Department of Education to assist
universities, students, advocates, and others to educate,
prevent, protect, and support students regarding campus sexual
assault. Democrats made clear throughout the hearing that
institutions of higher education must have processes that
ensure the paramount principle of fundamental fairness in
handling allegations of campus sexual assaults, and must be
held accountable, through robust federal enforcement, for Title
IX, Clery, and FERPA compliance. Committee Democrats will
remain vigilant on the issue of campus sexual assault in the
115th Congress.
Committee Democrats have shown through their legislative
efforts that they are ready to take on the challenges of higher
education, whether it's making sure hardworking students are
not penalized by their parents immigration choices (H.R. 1507,
the IN STATE Act of 2015 introduced by Ranking Member Polis as
well as H.R. 1959, the College Options for DREAMers Act
introduced by Ranking Member Hinojosa); partnering with states
to ensure continued robust investment in higher education (H.R.
5756, the Degrees Not Debt Act introduced by Rep. Pocan),
clearly delineating consumer protections and rights for all
education borrowers (H.R. 1352, the Student Loan Borrowers'
Bill of Rights Act of 2015 introduced by Ranking Member Wilson
and H.R. 4661, the Parent PLUS Loan Improvement Act of 2016
introduced by Ranking Member Fudge); and combating sexual
assault on college campuses (H.R. 1490, the Survivor Outreach
and Support ``SOS'' Campus Act introduced by Rep. Davis).
Throughout the 114th Congress, Committee Democrats have
spent time visiting with and learning from students, parents,
higher education thought leaders, and colleges and
universities. The focus of these visits were to understand how
to help students earn college degrees in a faster timeframe by
providing cohesive student supports. We stand ready to apply
that learning to achieving a comprehensive reauthorization of
the Higher Education Act that supports all students in
accessing and completing a meaningful postsecondary degree.
Economic Security. Even with the longest stretch of private
sector job growth on record, during which the private sector
added 15.6 million jobs, many American families continue to
struggle to make ends meet. During the 114th Congress,
Committee Democrats advocated for key legislation to improve
the lives of working families. Many of these bills were
packaged in a resolution, H. Res. 506. This resolution called
for hearings and votes on H.R. 2150, Raise the Wage Act; H.R.
3514, Workplace Action for a Growing Economy (WAGE) Act; H.R.
3427, the Payroll Fraud Prevention Act of 2015; H.R. 3071,
Schedules that Work Act; H.R. 932, Healthy Families Act; H.R.
1439, Family and Medical Insurance Leave (FAMILY) Act; H.R.
2411, Strong Start for America's Children Act of 2015; H.R.
2654, Pregnant Workers Fairness Act; H.R. 1619, Paycheck
Fairness Act; and H.R. 3185, Equality Act. A total of 118
Democrats cosponsored this resolution. Yet, the Committee
Majority refused to hold a single hearing on this legislation.
Committee Democrats also introduced new legislation to curb
wage theft, which is a widespread problem in America. In 2012,
victims of wage theft recovered $933 million in stolen wages
through complaints filed with federal, state, and local
agencies or through private litigation.\4\ This staggering
figure represents only a fraction of the total amount of stolen
wages every year, which is estimated to be as much as $50
billion nationally. Given the prevalence of this problem, it is
critical that workers have the tools they need to fight back
against wage theft. But employers' routine failure to provide
pay stubs makes it extremely difficult to identify and
prosecute wage violations. H.R. 4376, The Pay Stub Disclosure
Act will help workers prevent and remedy wage theft by:
providing a uniform federal pay stub requirement; requiring
employers to provide non-exempt employees with paychecks that
explain how their wages are calculated; providing a private
right of action and financial remedy to employees whose rights
to a pay stub or records inspection are violated; and codifying
the legal presumption that if an employer fails to keep records
of an employee's pay, the employee's own credible evidence and
testimony about his or her pay is presumed to be true.
---------------------------------------------------------------------------
\4\Brady Meixell and Ross Eisenbrey. ``An Epidemic of Wage Theft is
Costing Workers Hundreds of Millions of Dollars a Year,'' Economic
Policy Institute, (September 11, 2014) available at: http://
www.epi.org/publication/epidemic-wage-theft-costing-workers-hundreds/.
---------------------------------------------------------------------------
In May of 2016, the Department of Labor issued a final rule
Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Outside Sales, and Computer
Employees (the ``overtime rule''). The update to the overtime
regulations restore the effectiveness of the overtime
protections in the Fair Labor Standards Act (FLSA) by ensuring
that when employees work extra, they get paid extra. It does so
by providing a much-needed update to the salary level test.
Most salaried workers who earn under the salary threshold are
automatically eligible for overtime pay when they work more
than 40 hours in a week. The overtime salary threshold is
currently $455 per week ($23,660 per year), which is below the
poverty level for a family of four in 2014 ($24,008). It covers
less than ten percent of the salaried workforce. In contrast,
in 1975, over 60 percent of the workforce earned below the
salary threshold and was thus overtime-eligible.\5\
---------------------------------------------------------------------------
\5\Ross Eisenbrey and Will Kimball. ``An Updated Analysis of Who
Would Benefit from an Increased Overtime Salary Threshold,'' Economic
Policy Institute, (June 26, 2015) available at: http://www.epi.org/
blog/an-updated-analysis-of-who-would-benefit-from-an-increased-
overtime-salary-threshold/.
---------------------------------------------------------------------------
The final rule raises the salary threshold to the 40th
percentile of full-time weekly salaried earnings in the lowest
wage Census region (the South)--$913 per week ($47,476 per
year)--and creates a mechanism for the threshold to increase
every three years. This update makes 4.2 million more workers
newly eligible for overtime pay, strengthens the overtime
rights of an additional 8.9 million workers, and raises the
share of the salaried workforce that is eligible for overtime
to nearly 33 percent.
Despite the evidence that millions of working people will
now be guaranteed access to overtime pay, the Committee
Republicans held hearings, as well as introduced and called
votes on legislation that would undermine the overtime rule. On
June 9, 2016, Committee Democrats successfully defended the
overtime rule from partisan attacks during a hearing called by
the Majority entitled, ``The Administration's Overtime Rule and
Its Consequences for Workers, Students, Nonprofits, and Small
Businesses.'' Committee Republicans introduced H.R. 4773, the
Protecting Workplace Advancement and Opportunity Act and H.J.
Res. 95, a Congressional Review Act resolution expressing
Congressional disapproval of the overtime rule. In addition,
the Committee Republicans bypassed committee consideration of
H.R. 6094, the Regulatory Relief for Small Businesses, Schools
and Nonprofits Act and brought the bill to the floor as an
emergency measure. This piece of legislation sought to delay
the implementation of the overtime rule for six months and
passed on the House Floor on a near party-line vote.
H.R. 2150, the Raise the Wage Act, is a key priority for
Committee Democrats. This legislation raises the minimum wage
to $12 by 2020, phases out the tipped minimum wage, and indexes
the minimum wage to the median wage. One hundred and seventy-
five Democrats support this legislation. At the state and local
level, there is broad support for raising wages, but not a
single Republican in Congress has signed onto this legislation.
Twenty-nine states and 30 localities have raised their minimum
wages beyond the federal minimum wage. During the 114th
Congress there has been significant movement in cities and
states across the country to raise wages, with increasing
momentum behind a $15 minimum wage at the state and local
level. In 2015, policymakers in 14 cities, counties and states
approved $15 minimum wage laws. In 2016, California, New York
and D.C. passed legislation to raise their minimum wages to
$15. On Election Day 2016, voters in four states and one city
backed ballot measures to increase the minimum wage. These
states were Arizona, Colorado, Maine and Washington. Arizona,
Colorado and Maine will raise their minimum wages to $12 by
2020. Washington will raise its minimum wage to $13.50 by 2020.
Flagstaff, Arizona will raise its minimum wage to $15 by 2021.
The Department of Labor estimates that these increases will
raise wages for 2.2 million workers. Despite this progress,
workers in 21 states are still subject to the federal minimum
wage.
Workforce Development. In the 113th Congress, Committee
Democrats were proud to work on the bipartisan reauthorization
of federal workforce programs through the Workforce Innovation
and Opportunity Act (WIOA). With WIOA implementation fully
underway in the 114th Congress, Committee Democrats are even
more committed to ensuring that our nation's workforce
development system is working. Committee Democrats understand
that now more than ever, effective education and workforce
development opportunities are critical to building a stronger
middle class.
Committee Democrats continued their commitment to improving
employment opportunities for young Americans, introducing and
supporting H.R. 6117, the Opening Doors for Youth Act of 2016.
An estimated 5.25 million young people between the ages of 16
and 24 are disconnected from both school and work. These
disconnected youth are three times more likely than other youth
to have a disability; twice as likely to live below the federal
poverty threshold; and significantly more likely to live in
racially segregated neighborhoods. Disconnected young women and
girls are three times more likely to have a child and young
people involved in the juvenile justice system or aging out of
the foster care system are at high risk of disconnection.
Disconnection during this critical period can leave young
people without the entry-level work experience and
postsecondary credentials they need to succeed in the
workforce. Disconnection also imposes significant costs on
affected young people, their communities and the overall
economy. Disconnected young people are also commonly referred
to as ``opportunity youth'' because of the tremendous potential
they possess. Young people from high-poverty, low-opportunity
communities may need a range of supports to overcome barriers
to reengaging in school or training and stay on the path to a
good job. The Opening Doors for Youth Act of 2016 expands
opportunities for our nation's at-risk and opportunity youth by
putting more than one million young people to work and
supporting community efforts to keep youth connected to school
and training.
Committee Democrats led the effort to expand and promote
registered apprenticeships--a proven approach to successful on
the job training--and pre-apprenticeship programs by
introducing H.R. 5635, the Leveraging Effective Apprenticeships
to Rebuild National Skills (LEARNS) Act. By 2020, the U.S. will
experience a shortage of three million skilled workers with
postsecondary credentials and an aging workforce of highly-
skilled workers.\6\ In addition, it is predicted that almost 65
percent of jobs will require postsecondary education by 2020.
Registered apprenticeships, a training model in which workers
are paid to receive on-the-job training, provide a much-needed
solution.
---------------------------------------------------------------------------
\6\Ben Olinsky and Sarah Ayers. ``Training for Success: A Policy to
Expand Apprenticeships in the United States,'' The Center for American
Progress, (December 2013) available at: https://
cdn.americanprogress.org/wp-content/uploads/2013/11/
apprenticeship_report.pdf.
---------------------------------------------------------------------------
The LEARNS Act will support a closer alignment between
registered apprenticeship programs, employers and other program
sponsors offering good jobs, increase the attainment of
recognized postsecondary credentials by program participants,
create national standards for registered apprenticeship
programs, and establish a permanent advisory council at the
Department of Labor to oversee the actions and implementation
of registered apprenticeship programs.
Workers' Rights. Since the Majority took control in the
112th Congress, the Majority has held 24 hearings and markups
criticizing the National Labor Relations Board (NLRB) and
assailing labor unions. During this session, Committee
Republicans moved four pieces of anti-labor legislation, which
include: (1) passing by a vote of 249-177 the Tribal Labor
Sovereignty Act, H.R. 511, which strips workers employed at
tribal enterprises on tribal lands of their rights under the
National Labor Relations Act (NLRA); (2) reporting the
Protecting Local Business Opportunity Act, H.R. 3549, which
overturns a recent NLRB decision that reinstates the common law
of agency in defining who is a ``joint employer'' under the
NLRA, and adopts in its place a far narrower definition that
allows putative employers to remain hidden and avoid bargaining
with employees even though they control the terms of
employment; (3) passed by a vote of 232-186 a Congressional
Review Act (CRA) Resolution of Disapproval, S.J. Res 8,
regarding the NLRB's revised election procedures which
streamlined the process for conducting union representation
elections; and (4) reported a Resolution of Disapproval, H.J.
Res 87, regarding the Department of Labor's Persuader Rule,
which requires union-avoidance consultants and employers to
disclose their arrangements covering ``indirect'' as well as
``direct'' persuader activity. The President vetoed the
Resolution of Disapproval regarding the NLRB's election
procedures and issued a Statement of Administration Policy
opposing the enactment of the Tribal Labor Sovereignty Act
because it undermined collective bargaining rights.
Taken together, these bills undermine workers' rights while
doing nothing to improve workers' lives, give them a voice at
work, or increase their economic security. Moreover, these
bills and resolutions represent a frontal assault on the key
purposes of the NLRA, which include:
Encouraging the practice and procedures of
collective bargaining, and
Protecting the exercise by workers of full
freedom of association, self-organization and
designation of representatives of their own choosing,
for the purposes of negotiating the terms and
conditions of their employment or other mutual aid or
protection.
As an alternative, Committee Democrats proposed the WAGE
Act, H.R. 3514, a bill to strengthen workers' right to organize
unions by establishing meaningful deterrents for violations of
labor law. It does so by establishing civil monetary penalties
for violations, authorizing treble damages for lost wages, and
providing a private right of action for workers who face
workplace discrimination for exercising their rights under
NLRA. Committee Democrats also proposed the Workplace Democracy
Act, H.R. 3690, which allows workers to unionize through either
an election or a majority card-check and, requires binding
arbitration for a first contract, if an agreement cannot be
reached in a reasonable time period.
Democrats have supported the NLRB's Columbia University
decision which designates teaching and research assistants at
private universities and colleges as employees under the NLRA,
and thus makes them eligible to form a union and bargain over
wages, benefits and working conditions.
Mine Safety and Health. In light of the lessons learned
from the April 2010 Upper Big Branch (UBB) mine disaster,
Committee Democrats have called for a bipartisan effort to
update the 40-year old Federal Mine Safety and Health Act of
1977. That explosion was the worst coal mining accident in the
U.S. in the past 40 years. The Assistant Secretary of Labor for
Mine Safety has repeatedly asked Congress to enact reforms that
would give the Mine Safety and Health Administration (MSHA)
additional tools to protect miners, including subpoena
authority, stronger criminal sanctions, and the means to
collect overdue fines from scofflaws who refuse to pay their
fines. In response, Democrats introduced the Robert C. Byrd
Mine Safety Protection Act of 2015, H.R. 1926, which, amongst
its provisions, strengthens criminal sanctions in the Mine Act
by making it a felony to knowingly violate mine safety
standards and recklessly expose miners to risk of injury,
illness, or death.
By contrast, Committee Republicans have stalled for the
past 6 years, stating that they wanted to wait for all of the
UBB accident investigation reports to be completed before
taking action. Six investigation reports have long been
finalized; the last report was released nearly five years ago
in February 2012. A Committee hearing was held in the 112th
Congress to review these reports. No mine safety hearings were
held in the 113th Congress. During an oversight hearing in the
114th Congress, the Assistant Secretary reiterated his support
for legislative reforms, but to no avail.
Rather than work to protect miner safety, Committee
Republicans have challenged the feasibility of MSHA's long-
overdue respirable dust rule, which is aimed at ending the
scourge of black lung disease. In the two years since it was
issued, this rule has reduced average coal dust levels and
improved compliance by requiring real time exposure monitoring
through new technology. Committee Democrats have supported
MSHA's efforts to end black lung disease--a workplace illness
which has already taken the lives of 70,000 coal miners.
Occupational Safety and Health. According to the Bureau of
Labor Statistics (BLS), 4,836 workers were killed on the job in
2015--an average of 13 workers a day. For some groups of
workers the problem is getting worse. Deaths among Latino and
immigrant workers increased significantly, as did deaths in
dangerous industries like construction and trucking. In 2015 at
least 3.65 million workers incurred occupational injuries or
illnesses, according to BLS. Disabling injuries cost the
economy between $159 and $318 billion in both direct and
indirect costs. To reduce health and safety risks to workers,
Committee Democrats:
Supported a rule issued by the Occupational
Safety and Health Administration (OSHA) to protect 2.3
million workers--mostly in construction-- who are at
risk of contracting silicosis, lung cancer and renal
disease caused by excess inhalation of crystalline
silica;
Called upon OSHA to develop a comprehensive
workplace violence prevention standard to protect
workers in America's health care and social service
workplaces, following the release of a Government
Accountability Office (GAO) report which documented
that workplace violence is a serious concern for 15
million health care workers, and that violence
prevention programs are effective;\7\ and
---------------------------------------------------------------------------
\7\Government Accountability Office. Workplace Safety and Health:
Additional Efforts Needed to Help Protect Health Care Workers from
Workplace Violence (GAO 16-11), (March 17, 2016) available at: http://
www.gao.gov/products/GAO-16-11.
---------------------------------------------------------------------------
Supported an OSHA recordkeeping rule which,
in addition making workplace injury statistics
transparent to the public, protects workers from
retaliation for reporting workplace injuries and
illness. The need for this rule was underscored by a
GAO report, which found that workers in meat and
poultry plants continue to face unsafe working
conditions, and confirms that many injuries and
illnesses go underreported as workers may fear for
their jobs if they report an injury.\8\
---------------------------------------------------------------------------
\8\Government Accountability Office. Workplace Safety and Health:
Additional Data Needed to Address Continued Hazards in the Meat and
Poultry Industry (GAO 16-337), (April 25, 2016) available at: http://
www.gao.gov/products/GAO-16-337.
---------------------------------------------------------------------------
Democrats believe our nation's job safety laws must be
strengthened. The Protecting America's Workers Act (H.R. 2090)
would bring the Occupational Safety and Health Act of 1970 into
the 21st century by requiring employers to promptly abate
safety violations, expand OSHA coverage for millions of state
and local government workers, and modernize whistleblower
protections. The Offshore Oil and Gas Worker Whistleblower
Protection Act of 2015 (H.R. 2824) would implement a key
recommendation from the National Commission on the Deepwater
Horizon Oil Spill and Offshore Drilling to provide these
workers with protections from retaliation if they blow the
whistle on unsafe work practices. In the 114th Congress,
however, the Majority has taken no legislative action to
improve workplace safety and health.
Rather than enacting pro-worker safety laws, Committee
Republicans used its hearings to object to OSHA's new standard
to prevent silicosis, challenged OSHA's guidance to prevent
chemical accidents, and opposed a rule that requires certain
employers in higher hazard workplaces to electronically
transmit their injury logs or summaries to OSHA.
Workers' Compensation Programs. The Committee has held no
hearings on the Black Lung Benefits Act since 1991, despite the
revelations over the past several years of unfair tactics being
used by coal operators and their law firms to defeat black lung
claims by miners and their survivors. A Pulitzer Prize winning
investigation revealed how coal operators have defeated black
lung claims by hiring doctors at prestigious medical centers
who systematically misread lung x-rays that clearly showed the
most advanced stages of black lung disease. This investigation
showed that defense law firms also withheld medical evidence
from miners, surviving spouses, and judges that would have
proven the claimants' eligibility for benefits. One medical
center shut down its x-ray reading program, but has yet to
release its internal investigation report.
Hearings are also needed to assess the future solvency of
the Black Lung Disability Trust Fund in light of decreasing
excise tax revenues due to reduced coal production, a
forthcoming 55% cut in the coal excise tax rate in December of
2018, and an increase in claims being shifted from the
responsible operators to the Trust Fund due to coal operator
bankruptcies. Congress also needs to assess the backlog of
black lung and other claims in the DOL's Office of
Administrative Law Judges (ALJ). There is 35-month backlog for
contested black lung claims.
To gather information, Committee Democrats have hosted two
roundtables with coal miners and black lung experts who
examined how the claims process has been tilted against
claimants by a disparity in medical and legal resources between
coal miners and well-financed coal companies. Miners also
expressed concern about delay in the claims adjudication
process. To help level the playing field, Committee Democrats,
in conjunction with Representative Matt Cartwright, introduced
the Black Lung Benefits Improvement Act of 2015, H.R. 3625 to
reform the program, so that claimants who have meritorious
claims will actually gain the benefits that they are entitled
to under the law. Committee Democrats, in conjunction with the
Ways and Means Committee, asked the GAO to assess the future
solvency of the Trust Fund. Committee Democrats have worked to
eliminate delays in claims adjudication by securing funding for
additional ALJs as part of appropriations bills.
Federal Employees' Compensation Act. Committee Democrats
have conducted oversight of the rapidly growing costs of
compounded prescription drugs under the Federal Employees'
Compensation Act (FECA), and recommended that the DOL adopt
administrative tools that have been used successfully by other
agencies to control provider fraud. Committee Democrats also
evaluated the Administration's legislative proposals to cut
workers' compensation benefits under the FECA. Testimony
provided by GAO and the National Association of Letter Carriers
at a May 15, 2015 hearing before the Subcommittee on Workforce
Protections revealed that the Administration's stated rationale
for proposing deep benefit cuts to injured workers at
retirement age lacked merit, and that proposed changes raised
fairness questions. Committee Democrats have worked to ensure
that federal and postal workers who are injured in the line of
duty will not be economically worse off than if they had not
been injured in the first place, while also protecting
taxpayers' interests through necessary program integrity
measures.
Health Care. The Affordable Care Act (ACA) is providing
greater health care security for millions of American workers
and their families. Because of the ACA, 20 million previously
uninsured Americans now have health coverage.\9\ For the first
time ever, less than 9 percent of Americans are uninsured--with
the uninsured rate currently at 8.6 percent.\10\ Coverage for
the 150 million Americans with insurance through their employer
now comes with important consumer protections. Due to the ACA,
all health plans now have limits on out-of-pocket costs,
benefiting 22 million people with employer coverage who lacked
this protection prior to the ACA.\11\ Since the enactment of
the ACA, for most Americans, the growth in premiums has slowed
considerably. For the 155 million Americans with employer
coverage, the average family premium for employer coverage rose
only 3.4 percent in 2016--compared to an average annual rate of
7.9 percent from 2000 to 2010.\12\ Women can no longer be
charged more than men, people with preexisting conditions
cannot be denied coverage or charged exorbitant prices, and
children up to 26 years of age can stay on a parent's insurance
policy. Preventive services--like contraception and recommended
cancer screenings and vaccines--must now be covered with no
out-of-pocket costs. The ACA also provided one of the largest
expansions of mental health and substance use disorder coverage
in a generation, by requiring mental health and substance use
disorder benefits to be comparable to physical health benefits.
---------------------------------------------------------------------------
\9\Office of the Assistant Secretary for Planning and Evaluation:
ASPE. Health Insurance Coverage and the Affordable Care Act, (September
22, 2015) available at: https://aspe.hhs.gov/sites/default/files/pdf/
111826/ACA%20health%20insurance%20coverage%20brief%2009212015.pdf.
\10\Centers for Disease Control and Prevention. Health Insurance
Coverage: Early Release of Estimates From the National Health Interview
Survey, (September 2016) available at: https://www.cdc.gov/nchs/data/
nhis/earlyrelease/insur201609.pdf.
\11\Council of Economic Advisors. New Data Show that Premium Growth
in Employer Coverage Remained Low in 2016, (September 14, 2016)
available at: https://www.whitehouse.gov/blog/2016/09/14/new-data-show-
premium-growth-employer-coverage-remained-low-2016.
\12\Id.
---------------------------------------------------------------------------
Despite these gains, since the ACA was signed into law, it
has come under constant attack by the Majority, which has held
dozens of hearings to criticize the law and have brought more
than 60 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.
Most egregiously, in the 114th Congress, the Republican
Budget Resolution called on Committees--including the Education
and the Workforce Committee--to repeal the Affordable Care Act
using reconciliation. This was just one of the many Republican
efforts to repeal or undo the ACA. Their repeal efforts are a
bridge to nowhere for millions of families and their children.
In these uncertain times, working people in America value the
safety and security of health coverage more than ever. The 30
million Americans who would lose their health coverage if the
Affordable Care Act is repealed need care, not chaos. Repealing
the ACA without a plan to replace it is not a risk our families
can afford to take. Committee Democrats remain committed to
protecting access to health coverage as a right, not a
privilege.
Civil Rights. Committee Democrats believe that everyone
deserves a shot at success and that everyone should enjoy equal
access and opportunity in our country. Committee Democrats
support the Fair Chance to Compete for Jobs Act of 2015, H.R.
3470, legislation that prohibits federal agencies and
contractors from inquiring about the criminal history
information of a candidate until he or she is given a
conditional offer of employment. This bill reinforces the basic
concepts of a fair chance and individual assessments by calling
for the federal government to join 24 states, 150 localities,
and numerous private businesses in providing fair consideration
to applicants with a criminal history, rather than dismissing
them from consideration outright, as happens all too often.
Committee Democrats also joined 178 bipartisan cosponsors
to support the Equality Act, H.R. 3185. The bill would amend
the Civil Rights Act of 1964 and other key laws to make clear
that LBGT is a statutorily protected class regarding workplace
discrimination in hiring, promotions, termination, or
harassment. Committee Democrats were among the 23 Senators and
105 House Members that joined an amicus curiae brief in the
case of Christiansen v. Omnicom Group to urge the Second
Circuit to rule that sexual orientation-based discrimination is
prohibited by the Civil Rights Act of 1964. The case and brief
build on the EEOC's reliance on Supreme Court precedents that
discrimination based on sex stereotypes is a violation of Title
VII of the Civil Rights Act.
Committee Democrats fought off Republican efforts to weaken
EEOC's enforcement powers at a legislative hearing that
promoted bills to mandate posting requirements for the EEOC
(H.R. 550); limit the Commission's disparate impact analysis
(H.R. 548); restrict the General Counsel's authority to select
cases (H.R. 549); and exempt employers who offer wellness plans
through health care providers from liability claims arising
from the Americans with Disabilities Act and the Genetic
Information Non-Discrimination Act (H.R. 1189). Fortunately,
none of the bills were advanced out of the Committee.
Committee Democrats joined other Congressional colleagues
in submitting an amicus curiae brief in the Zubik v. Burwell
case before the U.S. Supreme Court. In that case, petitioners
challenged the accommodations provided by the Department of
Health and Human Services to permit employers to exclude
contraceptive coverage from their health insurance plans in
certain circumstances where employers had a religious objection
to providing coverage. Committee Democrats objected to the
petitioners' argument which was built largely on a prior case,
Burwell v. Hobby Lobby, which allows certain, small companies
to circumvent the contraceptive coverage requirement under the
ACA, if the owners have a religious objection. Committee
Democrats are committed to ensuring that employers' religious
beliefs are not used as a discriminatory tool against
employees. To that end, Committee Democrats also introduced the
Do No Harm Act, H.R, 5272, to limit the Religion Freedom
Restoration Act's use as a sword to nullify laws that protect
equal opportunity, workplace safety, and health care.
Committee Democrats commented in support of the proposed
rules issued by the EEOC in support of the Commission's
proposal (81 Federal Register 5113) to collect aggregate pay
and hour data through its Employer Information Report (EEO-1)
form.
Committee Democrats wrote a letter to the EEOC regarding
proposed rules pertaining to wellness programs allowed under
the ACA. The letter states that these wellness programs must
coexist with robust civil rights protections that do not
undermine the privacy protections afforded under the Americans
with Disabilities Act and Genetic Information Non-
Discrimination Act. Committee Democrats also requested that the
EEOC provide education, training, and technical assistance, to
address the unique vulnerability of isolated workers to sexual
violence in the janitorial services and agricultural
industries.
To ensure equal representation in growing and in-demand
fields, Committee Democrats have taken various steps to examine
and address the lack of diversity in the technology sector. In
December of 2015, Committee Democrats requested that the EEOC
examine this issue and in May of 2016, the EEOC released its
Diversity in Tech report. The report served as the basis for a
September 27, 2016 roundtable hosted by Committee Democrats
which included representatives from the government and private
sectors, as well as economists and educators. Committee
Democrats and the roundtable participants explored: the role of
the federal government in promoting equal opportunity in the
technology sector, the economic issues and impact of the lack
of diversity in the tech sector, concrete steps the sector can
take or is taking to address the issue of diversity, the extent
to which H1-B visas exacerbate the diversity problem, and how
academic institutions and industry engagement can address the
pipeline and diversity issues.
Additionally, Committee Democrats continue to conduct
oversight on the Office of Federal Contract Compliance
Programs' enforcement of Executive Order 11246 as it applies to
high-tech companies that have received federal contract and
subcontracts. At the request of Committee Democrats, the U.S.
Commission on Civil Rights voted on December 2, 2016 to examine
the lack of diversity in the tech sector and the federal
government's enforcement of Executive Order 11246. Finally,
Committee Democrats joined Judiciary and Oversight and
Government Reform Committee Democrats to ask the GAO to conduct
an investigation of the federal government's effectiveness in
improving diversity in the STEM fields and to assess the trends
in racial, ethnic, and gender diversity in the workforce at
leading U.S. technology companies, including those that
contract with the federal government.
Pensions and Retirement Security. The retirement savings
and planning landscape has changed significantly over the past
several decades. 401(k) plans and IRAs largely replaced
traditional defined-benefit pension plans, which shifted the
decision-making and investment risks from employers to
individual workers and retirees. As a result, many Americans
rely on professional investment advice to invest their
retirement nest egg and ensure they do not outlive what they
have saved. Over the course of several years, the Department of
Labor (DOL) worked to close loopholes in existing law allowing
unscrupulous financial advisors to provide ``conflicted
advice'' and put their financial interests ahead of their
retirement clients'. According to the White House Council on
Economic Advisors, conflicted advice costs retirement plan
participants $17 billion in losses every year and could result
in a loss of almost a quarter of an individual's savings over a
35-year period.\13\
---------------------------------------------------------------------------
\13\Council of Economic Advisors. The Effects of Conflicted
Investment Advice on Retirement Savings, (February 2015) available at:
https://www.whitehouse.gov/sites/default/files/docs/
cea_coi_report_final.pdf.
---------------------------------------------------------------------------
During the 114th Congress, Committee Republicans repeatedly
sought to criticize, undermine and nullify the DOL's
responsible conflict of interest (COI) rulemaking effort.
In June and December of 2015, the HELP Subcommittee held
hearings on the DOL's then-draft COI rule. In February of 2016,
the Education and the Workforce Committee considered H.R. 4293,
Affordable Retirement Advice Protection Act, and H.R. 4294,
SAVERS Act of 2015. These bills perpetuated the unacceptable
status-quo and included an unnecessary, constitutionally-
suspect procedural mechanism that prohibited the DOL's final
conflict of interest rule from taking effect unless it was
approved by Congress within 60 days. Ranking Member Scott and
Committee Democrats opposed both H.R. 4293 and H.R. 4294.
In April of 2016, the DOL issued its final COI rule. Less
than two weeks after the rule was finalized and published in
the Federal Register, Committee Republicans hastily advanced a
Congressional Review Act (CRA) joint resolution of disapproval
of the DOL's final COI rule (H.J. Res. 88). Ranking Member
Scott and Committee Democrats opposed H.J. Res. 88 and argued
that the DOL's final COI rule helps protect workers' hard-
earned savings and ensures financial advisors act in the best
interests of their retirement clients. Additionally, Ranking
Member Scott and Committee Democrats pointed out that the DOL's
final COI rule resulted from a thoughtful, thorough, and
transparent multi-year process.
Ranking Member Scott and Committee Democrats strongly
believe that, after a lifetime of hard work, Americans deserve
a secure and dignified retirement. To that end, throughout the
114th Congress, Ranking Member Scott and Committee Democrats
have supported responsible efforts to strengthen and expand
access to workplace retirement savings opportunities.
Older Americans. In addition to retirement security, there
are a variety of challenges facing the aging population and
their family members serving as caregivers. For example,
Committees Democrats continue to urge Committee action to
prevent age discrimination. In the 114th Congress, the
Committee came together to pass a bipartisan reauthorization of
the Older Americans Act (OAA), originally passed in 1965. The
Older Americans Act Reauthorization Act of 2016, S. 192, makes
necessary improvements to the programs that serve our nation's
seniors and their families. It is imperative that the Committee
continues to ensure that these programs are effectively
implemented and are provided with the funding necessary in
order to reach the growing number of elderly Americans who need
OAA services. Unfortunately, a stagnant funding trend and
Congress's reliance on a continuing resolution for the
beginning of FY 2017 places these needed authorized funding
increases at risk. Committee Democrats will continue to work
toward enhancing and protecting programs and services that
assist older Americans.
Responsible Contracting. Committee Democrats defended the
integrity of Executive Order 13673 on Fair Pay and Safe
Workplaces at a joint hearing before the Workforce Protections
and Health, Employment, Labor, and Pensions Subcommittees on
February 26, 2015. Committee Democrats rejected Committee
Republicans' mischaracterization of the executive order by
making clear that its aim is to improve the federal contracting
process by ensuring that prospective contractors' history of
violations with regard to employment, labor, anti-
discrimination, and safety laws are disclosed and evaluated by
contracting officers when selecting a contractor. The Executive
Order seeks to ensure that taxpayer dollars are not used to
award contracts to unscrupulous companies that have a pervasive
practice of engaging in wage theft, cheating workers out of
overtime, or putting workers' safety in jeopardy. Specifically,
the Department of Labor offered an extensive comment and review
period to ensure that responsible contractors are not unfairly
undercut by contractors who cut corners and treat violations of
labor laws as the cost of doing business.
Committee Democrats and House Armed Services Committee
Democrats worked to secure the removal of Section 1095 of the
House version of FY 2017 National Defense Authorization Act
(and Senate Section 829) which would have eliminated or
diminished the application of the Fair Pay and Safe Workplaces
Executive Order to defense contractors. Committee Democrats
worked closely with the House Armed Services Committee
Democrats to remove Section 1094 of the House version of FY
2017 National Defense Authorization Act, which was misleadingly
labeled, ``Protections Relating to Civil Rights and
Disabilities.'' With a total of 89 House Members, Committee
Democrats called for the removal of this section which would
have allowed contractors that are religious organizations to
circumvent workplace non-discrimination provisions under the
Civil Rights Act of 1964 and the Americans with Disabilities
Act, allowing private religious employers to discriminate in
hiring using federal funds.
Robert C. ``Bobby'' Scott,
Ranking Member.
Susan A. Davis.
Joe Courtney.
Jared Polis.
Frederica S. Wilson.
Mark Pocan.
Hakeem S. Jeffries.
Alma S. Adams.
Ruben Hinojosa.
Raul M. Grijalva.
Marcia L. Fudge.
Gregorio Kilili Camacho Sablan.
Suzanne Bonamici.
Mark Takano.
Katherine M. Clark.
Mark DeSaulnier.
[all]