[House Report 115-1123]
[From the U.S. Government Publishing Office]
Union Calendar No. 890
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1123
_______________________________________________________________________
REPORT ON THE ACTIVITIES
of the
COMMITTEE ON EDUCATION AND
THE WORKFORCE
for the
115TH CONGRESS
together with
MINORITY VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 2, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
33-972 WASHINGTON : 2018
COMMITTEE ON EDUCATION AND THE WORKFORCE
VIRGINIA FOXX, North Carolina, Chairwoman
Republicans Democrats
JOE WILSON, South Carolina ROBERT C. ``BOBBY'' SCOTT,
DAVID P. ROE, Tennessee Virginia
GLENN ``GT'' THOMPSON, Pennsylvania Ranking Member
TIM WALBERG, Michigan SUSAN A. DAVIS, California
BRETT GUTHRIE, Kentucky RAUL M. GRIJALVA, Arizona
TODD ROKITA, Indiana JOE COURTNEY, Connecticut
LOU BARLETTA, Pennsylvania MARCIA L. FUDGE, Ohio
LUKE MESSER, Indiana JARED POLIS, Colorado
BRADLEY BYRNE, Alabama GREGORIO KILILI CAMACHO SABLAN,
DAVID BRAT, Virginia Northern Mariana Islands
GLENN GROTHMAN, Wisconsin FREDERICA S. WILSON, Florida
ELISE STEFANIK, New York SUZANNE BONAMICI, Oregon
RICK W. ALLEN, Georgia MARK TAKANO, California
JASON LEWIS, Minnesota ALMA S. ADAMS, North Carolina
FRANCIS ROONEY, Florida MARK DeSAULNIER, California
TOM GARRETT, Jr., Virginia DONALD NORCROSS, New Jersey
LLOYD K. SMUCKER, Pennsylvania LISA BLUNT ROCHESTER, Delaware
A. DREW FERGUSON, IV, Georgia RAJA KRISHNAMOORTHI, Illinois
RON ESTES, Kansas CAROL SHEA-PORTER, New Hampshire
KAREN HANDEL, Georgia ADRIANO ESPAILLAT, New York
JIM BANKS, Indiana
----------
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.
February 16, 2017--Rep. Bishop, Michigan, resigned from the Committee.
February 16, 2017--Rep. Russell, Oklahoma, was elected to the
Committee.
May 2, 2017--Rep. Estes, Kansas, was elected to the Committee.
May 2, 2017--Rep. Russell, Oklahoma, resigned from the Committee.
April 24, 2018--Rep. Mitchell, Michigan, resigned from the Committee.
May 16, 2018--Rep. Banks, Indiana, was elected to the Committee.
August 23, 2018--Rep. Hunter, California, resigned from the Committee.
SUBCOMMITTEE ON EARLY CHILDHOOD, ELEMENTARY, AND SECONDARY EDUCATION
TODD ROKITA, Indiana, Chairman
DAVID P. ROE, Tennessee JARED POLIS, Colorado
GLENN ``GT'' THOMPSON, Pennsylvania Ranking Member
LUKE MESSER, Indiana RAUL M. GRIJALVA, Arizona
DAVID BRAT, Virginia MARCIA L. FUDGE, Ohio
TOM GARRETT, Jr., Virginia SUZANNE BONAMICI, Oregon
KAREN HANDEL, Georgia SUSAN A. DAVIS, California
FREDERICA S. WILSON, Florida
----------
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 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
TIM WALBERG, Michigan, Chairman
JOE WILSON, South Carolina GREGORIO KILILI CAMACHO SABLAN,
DAVID P. ROE, Tennessee Northern Mariana Islands
TODD ROKITA, Indiana Ranking Member
LOU BARLETTA, Pennsylvania FREDERICA S. WILSON, Florida
RICK W. ALLEN, Georgia DONALD NORCROSS, New Jersey
JASON LEWIS, Minnesota LISA BLUNT ROCHESTER, Delaware
FRANCIS ROONEY, Florida CAROL SHEA-PORTER, New Hampshire
LLOYD K. SMUCKER, Pennsylvania ADRIANO ESPAILLAT, New York
A. DREW FERGUSON, IV, Georgia JOE COURTNEY, Connecticut
RON ESTES, Kansas MARCIA L. FUDGE, Ohio
JIM BANKS, Indiana SUZANNE BONAMICI, Oregon
----------
The Subcommittee on Health, Employment, Labor, and Pensions has
jurisdiction over all matters dealing with relationships between
employers and employees including but not limited to the National Labor
Relations Act, the Labor-Management Relations Act, and the Labor-
Management Reporting and Disclosure Act; the Bureau of Labor
Statistics; and employment-related health and retirement security,
including pension, health, and other employee benefits and the Employee
Retirement Income Security Act (ERISA).
SUBCOMMITTEE ON HIGHER EDUCATION AND WORKFORCE DEVELOPMENT
BRETT GUTHRIE, Kentucky, Chairman
GLENN ``GT'' THOMPSON, Pennsylvania SUSAN A. DAVIS, California
LOU BARLETTA, Pennsylvania Ranking Member
LUKE MESSER, Indiana JOE COURTNEY, Connecticut
BRADLEY BYRNE, Alabama ALMA S. ADAMS, North Carolina
GLENN GROTHMAN, Wisconsin MARK DeSAULNIER, California
ELISE STEFANIK, New York RAJA KRISHNAMOORTHI, Illinois
RICK W. ALLEN, Georgia JARED POLIS, Colorado
JASON LEWIS, Minnesota GREGORIO KILILI CAMACHO SABLAN,
TOM GARRETT, Jr., Virginia Northern Mariana Islands
LLOYD K. SMUCKER, Pennsylvania MARK TAKANO, California
RON ESTES, Kansas LISA BLUNT ROCHESTER, Delaware
JIM BANKS, Indiana ADRIANO ESPAILLAT, New York
----------
The Subcommittee on Higher Education and Workforce Development has
jurisdiction over education and workforce development 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 workforce development, including the Workforce Innovation
and Opportunity Act, vocational rehabilitation, and workforce
development 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
BRADLEY BYRNE, Alabama, Chairman
JOE WILSON, South Carolina MARK TAKANO, California,
DAVID BRAT, Virginia Ranking Member
GLENN GROTHMAN, Wisconsin RAUL M. GRIJALVA, Arizona
ELISE STEFANIK, New York ALMA S. ADAMS, North Carolina
FRANCIS ROONEY, Florida MARK DeSAULNIER, California
A. DREW FERGUSON, IV, Georgia DONALD NORCROSS, New Jersey
KAREN HANDEL, Georgia RAJA KRISHNAMOORTHI, Illinois
CAROL SHEA-PORTER, New Hampshire
----------
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 affect
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, January 2, 2019.
Hon. Karen L. Haas,
Clerk of the House,
The Capitol, Washington, DC.
Dear Ms. Haas: Pursuant to Rule XI, clause 1, paragraph (d)
of the Rules of the U.S. House of Representatives, I hereby
transmit the Report on the Activities of the Committee on
Education and the Workforce for the 115th Congress. This report
summarizes the activities of the Committee during the 115th
Congress with respect to its legislative and oversight
responsibilities. I circulated this report to all members on
December 21, 2018, and received minority views, which are
included in this report.
Sincerely,
Virginia Foxx,
Chairwoman.
C O N T E N T S
----------
Page
Letter of Transmittal............................................ V
Introduction..................................................... 1
Full Committee................................................... 2
Hearings..................................................... 2
Markups...................................................... 6
Subcommittee on Early Childhood, Elementary and Secondary
Education--Hearings............................................ 8
Subcommittee on Health, Employment, Labor, and Pensions--Hearings 10
Subcommittee on Higher Education and Workforce Development--
Hearings....................................................... 14
Subcommittee on Workforce Protections--Hearings.................. 16
Legislation Referred to Committee With House Passage............. 19
Legislation Referred to Committee Enacted Into Law............... 20
Legislation Within Committee Jurisdiction Enacted Into Law....... 21
Oversight Plan Summary and Correspondence........................ 22
Committee Activity Statistics--115th Congress.................... 28
Minority Views................................................... 30
Union Calendar No. 890
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1123
======================================================================
REPORT ON THE ACTIVITIES OF THE COMMITTEE ON EDUCATION AND THE
WORKFORCE FOR THE 115TH CONGRESS
_______
January 2, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Ms. Foxx, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
together with
MINORITY VIEWS
INTRODUCTION
At the beginning of the 115th Congress, the Bureau of Labor
Statistics reported 5.6 million job openings in the American
economy. By the end of the 115th Congress, that number had
soared to more than 7 million. The Education and Workforce
Committee began this Congress with a clear-eyed goal of
unleashing economic growth and empowering individual Americans,
and the record shows this effort proved enormously effective.
The Committee began its work to restore opportunity to
American students and workers by reporting five resolutions
under the Congressional Review Act, reversing the damage
leveled by the heavy hand of the Obama administration's
regulatory agenda.
The Committee quickly followed these efforts by marking up
and favorably reporting the Small Business Health Fairness Act,
which loosened the suffocating grip of Obamacare on the
employers of millions of American workers by allowing small
businesses to band together to bargain for better health care
options. The House passed the bill and the Trump administration
directed federal agencies to remove barriers to allow for the
formation of association health plans. As of December 2018,
millions of American workers have options they did not
previously have.
While working to restore freedom and encourage more
innovation and growth in American workplaces, the Committee
focused additional efforts on workforce development. The vast
and growing number of job openings in the economy puts American
job seekers at an advantage not seen in decades, and workers
and employers alike are putting increasing demand on skills
education. This focus helped propel the Strengthening Career
and Technical Education for the 21st Century Act to President
Trump's desk for signature. The legislation directly addressed
the growing skills gap by empowering state and local leaders to
tailor career and technical education efforts to community
needs.
The Committee also made history with its work on H.R. 4508,
Promoting Real Opportunity, Success, and Prosperity through
Education Reform Act. This first major reform of the Higher
Education Act in a generation addressed, for the first time in
postsecondary education law, the potential role of
apprenticeships in a well-rounded, career-focused higher
education landscape.
With Americans carrying more than $1.5 trillion in student
loan debt, the legislation offered a bold new structure for
federal student aid that pares down the current cumbersome and
ensnaring student loan system into options that best serve
student borrowers in the long term. The Committee favorably
reported this landmark legislation at the end of the First
Session.
The Education and Workforce Committee also played an
important role in another historic effort, this one a House-
wide endeavor to fight the devastating impact of opioid abuse
in communities across America. Holding a series of hearings
entitled ``Close to Home,'' the Committee heard firsthand
accounts from witnesses who described how opioid addiction
devastates individuals and affects families, children, schools,
and workplaces. These hearings laid the foundation for the
Committee's contributions to H.R. 6, the SUPPORT for Patients
and Communities Act.
The complete report on the activities of the Committee on
Education and the Workforce reflects the Committee's creative,
diverse, and active membership. Under the leadership of
Chairwoman Virginia Foxx, Committee Members were empowered to
explore issues and topics important to their constituents.
Reauthorizations were seized as reform opportunities, as
evidenced by the Committee's early work on behalf of missing
and exploited children and those in the juvenile justice
system. Most importantly, Committee Members kept their focus on
encouraging current and future individual opportunities for
Americans of every age and from every walk of life.
FULL COMMITTEE
HEARINGS
In the 115th Congress, 17 full committee hearings were
held.
February 1, 2017--``Rescuing Americans from the Failed Health Care Law
and Advancing Patient-Centered Solutions''
The purpose of the hearing was to examine the failures and
consequences of the 2010 health care law and to discuss
patient-centered solutions toward better, more affordable
health care.
Witnesses: Mr. Scott Bollenbacher, CPA, Managing Partner,
Bollenbacher & Associates, LLC, Portland, Indiana (testifying
on behalf of the National Federation of Independent Business);
Mr. Joe Eddy, President & Chief Executive Officer, Eagle
Manufacturing Company, Wellsburg, West Virginia (testifying on
behalf of the National Association of Manufacturer); Ms. Angela
Schlaack, St. Joseph, Michigan (testifying on own behalf); Dr.
Tevi Troy, Chief Executive Officer, American Health Policy
Institute, Washington, DC.
February 7, 2017--``Challenges and Opportunities in Higher Education''
The purpose of the hearing was to examine the opportunities
and challenges facing America's higher education system, as
well as discuss possible reforms to improve the Higher
Education Act.
Witnesses: Dr. Beth Akers Senior Fellow Manhattan Institute
New York, New York; Dr. William E. Kirwan, Co-Chair, Task Force
on Federal Regulation of Higher Education, Rockville, Maryland;
Dr. Jose Luis Cruz, President, Lehman College of the City
University of New York, Bronx, New York; Mr. Kevin Gilligan,
Chairman and Chief Executive Officer, Capella Education
Company, Minneapolis, Minnesota.
March 1, 2017--``Legislative Proposals to Improve Health Care Coverage
and Provide Lower Costs for Families''
The purpose of the hearing was to examine legislative
proposals to improve health care coverage and lower costs for
working families.
Witnesses: Mr. Jon B. Hurst, President, Retailers
Association of Massachusetts, Boston, Massachusetts (testifying
on Behalf of the National Retail Federation); Ms. Allison R.
Klausner, Principal, Government Relations Leader, Conduent,
Secaucus, New Jersey (testifying on behalf of the American
Benefits Council); Ms. Lydia Mitts, Associate Director of
Affordability Initiatives; Families USA, Washington, DC; Mr.
Jay Ritchie, Executive Vice President, Tokio Marine HHC,
Kennesaw, Georgia (testifying on Behalf of the Self-Insurance
Institute of America).
March 16, 2017--``Honoring Our Commitment to Recover and Protect
Missing and Exploited Children''
The purpose of the hearing was to examine the work of the
National Center for Missing and Exploited Children (NCMEC) and
ways to improve the organization's efforts to recover and
protect vulnerable children nationwide.
Witness: Mr. John F. Clark, President and Chief Executive
Officer, National Center for Missing & Exploited Children,
Alexandria, Virginia.
April 27, 2017--``Strengthening Accreditation to Better Protect
Students and Taxpayers''
The purpose of the hearing was to examine the accreditation
system and identify ways to improve accountability in higher
education.
Witnesses: Dr. Mary Ellen Petrisko, President, WASC Senior
College and University Commission, Alameda, California; Dr.
George A. Pruitt, President, Thomas Edison State University,
Trenton, New Jersey; Mr. Ben Miller, Senior Director for
Postsecondary Education, Center for American Progress,
Washington, DC; Dr. Michale S. McComis, Executive Director,
Accrediting Commission of Career Schools and Colleges,
Arlington, Virginia.
June 22, 2017--``Student Safety in the Job Corps Program''
The purpose of the hearing was to examine the systemic
lapses in security and safety surrounding the Job Corps
program.
Witnesses: Ms. Cindy Brown Barnes, Director of Education
Workforce and Income Security, Government Accountability
Office, Washington, DC; Mr. Jeffrey Barton, Center Director,
Earle C. Clements Job Corps Academy, Morganfield, Kentucky; Mr.
Larry Turner, Deputy Inspector General, Office of Inspector
General, U.S. Department of Labor, Washington, DC.
July 12, 2017--``Redefining Joint Employer Standards: Barriers to Job
Creation and Entrepreneurship''
The purpose of the hearing was to examine the growing
threat to job creation, entrepreneurship, and small businesses
posed by the expanded definition of joint employer under
federal labor laws.
Witnesses: Mr. Michael Harper, Professor, Boston University
School of Law, Boston, Massachusetts; Mr. Richard Heiser, Vice
President, FedEx Ground, Pittsburgh, Pennsylvania; Mr. Roger
King, Senior Labor and Employment Counsel; HR Policy
Association, Washington, DC; Mr. Jerry Reese, II, Director of
Franchise Development, DD Franchise, LLC, New Orleans,
Louisiana (testifying on behalf of the Coalition to Save Local
Businesses); Ms. Catherine Ruckelshaus, General Counsel and
Program Director, National Employment Law Project, New York,
New York; Ms. Mary Kennedy Thompson, Chief Operating Officer,
Dwyer Group, Waco, Texas (testifying on behalf of the
International Franchise Association).
July 18, 2017--``ESSA Implementation: Exploring State and Local Reform
Efforts''
The purpose of the hearing was to discuss the progress of
state implementation of the Every Student Succeeds Act (ESSA).
Witnesses: Ms. Jacqueline Nowicki, Director, K-12
Education, U.S. Government Accountability Office, Washington,
DC; Dr. Gail Pletnick, Superintendent, Dysart Unified School
District, Surprise, Arizona; Mr. Phillip Lovell, Vice President
of Policy Development and Government Relations, Alliance for
Excellent Education, Washington, DC; Dr. Carey Wright, State
Superintendent, Mississippi Department of Education, Jackson,
Mississippi.
September 6, 2017--`The Sharing Economy: Creating Opportunities for
Innovation and Flexibility''
The purpose of the hearing was to examine the sharing
economy and consider how it relates to our nation's workforce
policies.
Witnesses: Mr. Michael Beckerman, President & CEO, Internet
Association, Washington, DC; Ms. Sharon Block, Executive
Director, Labor and Worklife Program, Harvard Law School,
Cambridge, Massachusetts; Mr. Jonathan Johnson, Founder,
SnapSeat, LLC, Hartford, Connecticut (testifying on behalf of
Thumbtack); Dr. Arun Sundararajan, Leonard N. Stern, School of
Business, Kaufman Management Center, New York, New York.
November 15, 2017--``Examining the Policies and Priorities of the U.S.
Department of Labor''
The purpose of the hearing was to review the Department of
Labor's policies and priorities.
Witness: The Honorable R. Alexander Acosta, Secretary, U.S.
Department of Labor, Washington, DC.
January 30, 2018--``Protecting Privacy, Promoting Policy: Evidence-
Based Policymaking and the Future of Education''
The purpose of the hearing was to explore how evidence-
based policymaking can foster better educational programs,
while ensuring the protection of student privacy.
Witnesses: Mr. Paul Ohm, Professor, Georgetown University
Law Center, Washington, DC; Ms. Jane Robbins, Senior Fellow,
American Principles Project Foundation, Washington, DC; Dr.
Carey Wright, State Superintendent, Mississippi Department of
Education, Jackson, Mississippi; Dr. Neal Finkelstein, Program
Director, Innovation Studies, WestEd, San Francisco,
California.
April 17, 2018--``Fraud, Mismanagement, Non-Compliance, and Safety: The
History of Failures of the Corporation for National and
Community Service''
The purpose of the hearing was to explore the inability of
the Corporation for National and Community Service to monitor
grants and safeguard taxpayer resources.
Witness: Ms. Barbara Stewart, Chief Executive Officer,
Corporation for National and Community Service, Washington, DC.
May 17, 2018--``Protecting Privacy, Promoting Data Security: Exploring
How Schools and States Keep Data Safe''
The purpose of the hearing was to discuss student privacy
and the importance of protecting students' personally
identifiable information and data.
Witnesses: Mr. David Couch, K-12 CIO and Associate
Commissioner, Kentucky Office of Education Technology,
Frankfort, Kentucky; Ms. Amelia Vance, Director of Education
Privacy and Policy Counsel, Future of Privacy Forum,
Washington, DC; Ms. Catherine Lhamon, J.D., Attorney and Former
Assistant Secretary for Civil Rights, U.S. Department of
Education, Takoma Park, Maryland; Dr. Gary Lilly,
Superintendent, Bristol Tennessee City Schools, Bristol,
Tennessee.
May 22, 2018--``Examining the Policies and Priorities of the U.S.
Department of Education''
The purpose of the hearing was to review the U.S.
Department of Education's work and outline the Department's
upcoming policies and agendas.
Witness: The Honorable Betsy DeVos, Secretary, U.S.
Department of Education, Washington, DC.
June 6, 2018--``Examining the Policies and Priorities of the U.S.
Department of Health and Human Services''
The purpose of the hearing was to examine the achievements
of the U.S. Department of Health and Human Services and outline
the Department's upcoming priorities and agenda.
Witness: The Honorable Alex M. Azar, II, Secretary, U.S.
Department of Health and Human Services, Washington, DC.
June 13, 2018--``The Power of Charter Schools: Promoting Opportunity
for America's Students''
The purpose of the hearing was to examine the value of
charter schools.
Witnesses: Mrs. Nina Rees, President and CEO, National
Alliance for Public Charter Schools, Washington, DC; Mr. Greg
Richmond, President and CEO, National Association of Charter
School Authorizers, Chicago, Illinois; Mr. Jonathan Clark,
Parent and Community Advocate, Detroit, Michigan; Dr. Martin
West, Associate Professor of Education, Harvard Graduate School
of Education, Cambridge, Massachusetts.
September 26, 2018--``Examining First Amendment Rights on Campus''
The purpose of the hearing was to examine First Amendment
rights on college campuses and ensure students' freedoms and
individual liberties on campus are upheld.
Witnesses: Mr. Zachary R. Wood, Author, ``Uncensored'', New
York, New York; Mr. Joseph Cohn, Legislative and Policy
Director, Foundation for Individual Rights in Education,
Philadelphia, Pennsylvania; Ms. Suzanne Nossel, Chief Executive
Officer, PEN America, New York, New York; Mr. Ken Paulson,
President, First Amendment Center, Nashville, Tennessee.
MARKUPS
In the 115th Congress, the Full Committee held 18 markups,
and one business meeting. The Full Committee filed 14
legislative reports. No Subcommittee markups were held.
January 24, 2017--Full Committee Organizational Meeting to Adopt the
Committee Rules and Oversight Plan for the 115th Congress.
Committee Rules and Oversight Plan were adopted by voice
vote.
March 8, 2017--H.R. 1304, Self-Insurance Protection Act
(Sponsor: Rep. David P. Roe)
H.R. 1304 was ordered favorably reported to the House, as
amended, by voice vote on March 8, 2017. The committee report
was filed on March 8, 2017 (House Report 115-53, Part 1).
March 8, 2017--H.R. 1101, Small Business Health Fairness Act of 2017
(Sponsor: Rep. Sam Johnson)
H.R. 1101 was ordered favorably reported to the House, as
amended, by a vote of 22 yeas and 17 nays on March 8, 2017. The
committee report was filed on March 8, 2017 (House Report 115-
43).
March 8, 2017--H.R. 1313, Preserving Employee Wellness Programs Act
(Sponsor: Rep. Virginia Foxx)
H.R. 1313 was ordered favorably reported to the House, as
amended, by a vote of 22 yeas and 17 nays on March 8, 2017. The
committee report was filed on March 8, 2017 (House Report 115-
459, Part I).
April 4, 2017--H.R. 1808, Improving Support for Missing and Exploited
Children Act of 2017
(Sponsor: Rep. Brett Guthrie)
H.R. 1808 was ordered favorably reported to the House, as
amended, by voice vote on April 4, 2017. The committee report
was filed on April 4, 2017 (House Report 115-110).
April 4, 2017--H.R. 1809, Juvenile Justice Reform Act of 2017
(Sponsor: Rep. Jason Lewis)
H.R. 1809 was ordered favorably reported to the House, as
amended, by voice vote on April 4, 2017. The committee report
was filed on April 4, 2017 (House Report 115-111).
April 26, 2017--H.R. 1180, Working Families Flexibility Act of 2017
(Sponsor: Rep. Martha Roby)
H.R. 1180 was ordered favorably reported to the House, as
amended, by a vote of 22 yeas and 16 nays on April 26, 2017.
The committee report was filed on April 26, 2017 (House Report
115-01).
May 17, 2017--H.R. 2353, Strengthening Career and Technical Education
for the 21st Century Act
(Sponsor: Rep. Glenn Thompson)
H.R. 1180 was ordered favorably reported to the House, as
amended, by voice vote on May 17, 2017. The committee report
was filed on May 17, 2017 (House Report 115-224).
June 29, 2017--H.R. 986, Tribal Labor Sovereignty Act of 2017
(Sponsor: Rep. Todd Rokita)
H.R. 986 was ordered favorably reported to the House, as
amended, by a vote of 22 yeas and 16 nays on June 29, 2017. The
committee report was filed on June 29, 2017 (House Report 115-
324).
June 29, 2017--H.R. 2776, Workforce Democracy and Fairness Act
(Sponsor: Rep. Tim Walberg)
H.R 2776 was ordered favorably reported to the House, as
amended, by a vote of 22 yeas and 16 nays on June 29, 2017. The
committee report was filed on June 29, 2017 (House Report 115-
326).
June 29, 2017--H.R. 2775, Employee Privacy Protection Act
(Sponsor: Rep. Joe Wilson)
H.R 2775 was ordered favorably reported to the House, as
amended, by a vote of 22 yeas and 16 nays on June 29, 2017. The
committee report was filed on June 29, 2017 (House Report 115-
325).
July 19, 2017--H.R. 2823, Affordable Retirement Advice for Savers Act
(Sponsor: Rep. David P. Roe)
H.R. 2823 was ordered favorably reported to the House, as
amended, by a vote of 23 yeas and 17 nays on July 19, 2017. The
committee report was filed on July 19, 2017 (House Report 115-
371, Part 1).
October 4, 2017--H.R. 3441, Save Local Business Act
(Sponsor: Rep. Bradley Byrne)
H.R. 3441 was ordered favorably reported to the House, as
amended, by a vote of 23 yeas and 17 nays on October 4, 2017.
The committee report was filed on October 4, 2017 (House Report
115-339).
December 12, 2017--H.R. 4508, Promoting Real Opportunity, Success, and
Prosperity through Education Reform (PROSPER) Act
(Sponsor: Rep. Virginia Foxx)
H.R. 3441 was ordered favorably reported to the House, as
amended, by a vote of 23 yeas and 17 nays on December 12, 2017.
The committee report was filed on December 12, 2017 (House
Report 115-550).
Subcommittee on Early Childhood, Elementary, and Secondary Education
HEARINGS
In the 115th Congress, the Subcommittee on Early Childhood,
Elementary, and Secondary Education held nine hearings.
February 2, 2017--``Helping Students Succeed Through the Power of
School Choice''
The purpose of the hearing was to discuss the power of
school choice and explore opportunities to extend more
educational opportunities to students across the country.
Witnesses: Mr. Michael L. Williams, Former Commissioner of
Education, Texas Education Agency, Arlington, Texas; Ms. Almo
J. Carter, Parent, Washington, DC; Mr. Kevin Kubacki, Executive
Director, The Neighborhood Charter Network, Indianapolis,
Indiana; Mrs. Nina Cherry, Parent, Dover, Florida.
February 15, 2017--``Providing Vulnerable Youth the Hope of a Brighter
Future Through Juvenile Justice Reform''
The purpose of the hearing was to discuss reforming the
country's juvenile justice system to promote safe communities
and set at-risk youth on the pathway to success.
Witnesses: Ms. Meg Williams, MPA, Manager, Office of Adult
and Juvenile Justice Assistance, Division of Criminal Justice,
Colorado Department of Public Safety, Denver, Colorado; Chief
Patrick J. Flannelly, Chief of Police, Lafayette Police
Department, Lafayette, Indiana; The Honorable Denise Navarre
Cubbon, Judge, Lucas County Juvenile Division, Lucas County,
Ohio; Mr. Matt Reed, Executive Director, Safe Place Services,
YMCA of Greater Louisville, Louisville, Kentucky.
February 28, 2017--``Providing More Students a Pathway to Success by
Strengthening Career and Technical Education''
The purpose of the hearing was to discuss the state of
career and technical education (CTE) in America, as well as
changes that can be made to strengthen CTE and better prepare
students for the workforce.
Witnesses: Mr. Glenn Johnson, Manufacturing Workforce
Development Leader, BASF Corporation, Houston, Texas; Mrs.
Janet Goble, Director of Career and Technical Education,
Canyons School District, Sandy, Utah; Ms. Mimi Lufkin, Chief
Executive Officer, National Alliance for Partnerships in
Equity, Gap, Pennsylvania; Mr. Mike Rowe, Chief Executive
Officer, mikeroweWORKS Foundation, Santa Monica, California.
June 28, 2017--``Exploring Opportunities to Strengthen Education
Research While Protecting Student Privacy''
The purpose of the hearing was to discuss the effectiveness
of the current laws governing education research and student
privacy protection.
Witnesses: Ms. Rachael Stickland, Co-Founder and Co-Chair,
Parent Coalition for Student Privacy Littleton, Colorado; Dr.
Nathaniel Schwartz, Chief Research and Strategy Officer,
Tennessee Department of Education, Nashville, Tennessee; Dr.
Diane Whitmore Schanzenbach, Director, The Hamilton Project,
The Brookings Institution, Washington, DC; Dr. Grover J.
``Russ'' Whitehurst, Senior Fellow in Economic Studies, Center
on Children and Families, The Brookings Institution,
Washington, DC.
July 13, 2017--``Opportunities for State Leadership of Early Childhood
Programs''
The purpose of the hearing was to discuss the effectiveness
of federal early childhood programs, and how states are making
increased investments in their own programs.
Witnesses: Ms. Cindy Brown Barnes, Director of Education
Workforce and Income Security, Government Accountability
Office, Washington, DC; Dr. Katharine Stevens, Resident
Scholar, Education Policy Studies, American Enterprise
Institute, Washington, DC; Dr. Pamela Harris, President and
CEO, Mile High Montessori Early Learning Centers, Denver,
Colorado; Ms. Ericca Maas, Executive Director, Close Gaps by 5,
Minneapolis, Minnesota.
November 8, 2017--``Close to Home: How Opioids are Impacting
Communities''
The purpose of the joint hearing was to discuss the opioid
health emergency and its impact on American families,
communities, and the economy as a whole.
Witnesses: Mr. Tim Robinson, Founder and CEO, Addiction
Recovery Care, Louisa, Kentucky; Ms. Toni Miner, Family Support
Partner, Jefferson County, Colorado; Dr. Leana Wen,
Commissioner, Baltimore City Health Department, Baltimore,
Maryland; Dr. David Cox, Superintendent, Allegany County,
Maryland.
February 14, 2018--``Examining the Government's Management of Native
American Schools''
The purpose of the hearing was to explore opportunities for
the Bureau of Indian Education to focus on school improvement.
Witness: Mr. Tony Dearman, Director, Bureau of Indian
Education, U.S. Department of the Interior, Washington, DC.
March 6, 2018--``Strengthening Welfare to Work With Child Care''
The purpose of the hearing was to explore the role child
care plays in the welfare system so that more families may
break the cycle of poverty and achieve self-sufficiency.
Witnesses: Ms. Helene Stebbins, Deputy Director Alliance
for Early Success, Arlington, Virginia; Ms. Brigitte Nieland,
Director, Education and Workforce Development, Louisiana
Association of Business and Industry, Baton Rouge, Louisiana;
Ms. Tammy Mann, President and Chief Executive Officer, Campagna
Center, Alexandria, Virginia; Dr. Laurie Smith, Education and
Workforce Development, Policy Advisor, Governor Phil Bryant,
Jackson, Mississippi.
July 17, 2018--``Examining the Summer Food Service Program''
The purpose of the hearing was to examine the Summer Food
Service Program (SFSP), discuss its importance, and address
known challenges within the program.
Witnesses: Ms. Kathryn Larin, Director of Education,
Workforce, and Income Security, Government Accountability
Office, Washington, DC; Mr. Gil Harden, Assistant Inspector
General for Audit, Office of Inspector General, U.S. Department
of Agriculture, Washington, DC; Ms. Adele LaTourette, Director,
New Jersey Anti-Hunger Coalition, Englewood, New Jersey; Mrs.
Denise Ogilvie, Vice President of Outreach and Grants
Management, Catholic Charities of Northeast Kansas, Overland
Park, Kansas.
Subcommittee on Health, Employment, Labor, and Pensions
HEARINGS
In the 115th Congress, the Subcommittee on Health,
Employment, Labor, and Pensions held 13 hearings.
February 14, 2017--``Restoring Balance and Fairness to the National
Labor Relations Board''
The purpose of the hearing was to examine the decisions
made by the Democrat-controlled National Labor Relations Board
(NLRB) and to discuss how Congress and the Trump administration
can remedy them.
Witnesses: Ms. Reem Aloul, BrightStar Care of Arlington,
Arlington, Virginia (testifying on behalf of the Coalition to
Save Local Business); Ms. Susan Davis LLP, Partner, Cohen,
Weiss and Simon New York, New York; Mr. Raymond J. LaJeunesse,
Jr., Vice President, National Right to Work Legal Defense and
Education Foundation, Springfield, Virginia; Mr. Kurt G.
Larkin, Partner Hunton & Williams LLP, Richmond, Virginia.
March 29, 2017--H.R. 986, ``Tribal Labor Sovereignty Act of 2017''
The purpose of the hearing was to examine the Tribal Labor
Sovereignty Act of 2017, which would protect Native American
sovereignty by preventing the National Labor Relations Board
(NLRB) from asserting jurisdiction over tribal businesses
operated on tribal land.
Witnesses: The Honorable Brian Cladoosby, President,
National Congress of American Indians, Washington, DC; The
Honorable Nathaniel Brown, Delegate, 23rd Navajo Nation
Council, Navajo Nation, Window Rock, Arizona; Mr. John Gribbon,
California Political Director, UNITE HERE International Union,
AFL-CIO, San Francisco, California; The Honorable Robert J.
Welch, Jr., Chairman, Viejas Band of Kumeyaay Indians, Alpine,
California.
May 18, 2017--``Regulatory Barriers Facing Workers and Families Saving
for Retirement''
The purpose of the hearing was to examine regulatory
barriers facing workers and families saving for retirement.
Witnesses: The Honorable Bradford P. Campbell, Esq.,
Partner, Drinker Biddle & Reath, Washington, DC; Dr. Jason
Furman, Ph.D., Senior Fellow, Peterson Institute for
International Economics, Washington, DC; Mr. James Kais, Senior
Vice President and Managing Director, Retirement Practice
Leader, Transamerica, Saint Petersburg, Florida; Mr. Erik
Sossa, Vice President, Global Benefits and Wellness, PepsiCo,
Inc., Purchase, New York.
June 14, 2017--``Legislative Reforms to the National Labor Relations
Act: H.R. 2776, Workforce Democracy and Fairness Act; H.R.
2775, Employee Privacy Protection Act; and H.R. 2723, Employee
Rights Act''
The purpose of the hearing was to discuss proposals to
restore balance to federal labor policies.
Witnesses: Mr. Seth H. Borden, Partner, McGuireWoods LLP,
New York, New York; Mr. Guerino J. Calemine, III, General
Counsel, Communications Workers of America, Washington, DC; Ms.
Karen Cox, Dixon, Illinois; Ms. Nancy McKeague, Senior Vice
President and Chief of Staff, Michigan Health and Hospital
Association, Okemos, Michigan (testifying on behalf of the
Society for Human Resource Management).
September 13, 2017--H.R. 3441, Save Local Business Act
The purpose of the joint hearing was to examine amendments
to the National Labor Relations Act and the Fair Labor
Standards Act to clarify the definition of joint employer.
Witnesses: Mr. Zachary D. Fasman, Partner, Proskauer Rose
LLP, New York, New York; Ms. Tamra Kennedy, President, Twin
City T.J.'s, Inc., Roseville, Minnesota (testifying on behalf
of the International Franchise Association), Mr. Granger
MacDonald, CEO, MacDonald Companies, Kerrville, Texas
(testifying on behalf of the National Association of Home
Builders); Mr. Michael Rubin, Partner, Altshuler Berzon LLP,
San Francisco, California.
November 29, 2017--``Financial Challenges Facing the Pension Benefit
Guaranty Corporation: Implications for Pension Plans, Workers,
and Retirees''
The purpose of the hearing was to examine the financial
situation facing the Pension Benefit Guaranty Corporation
(PBGC).
Witness: The Honorable W. Thomas Reeder, Jr., Director,
Pension Benefit Guaranty Corporation (PBGC), Washington, DC.
December 6, 2017--``Workplace Leave Policies: Opportunities and
Challenges for Employers and Working Families''
The purpose of the hearing was to examine the evolving
topic of paid leave and flexible work policies.
Witnesses: Ms. Barbara Brickmeier, Vice President for Human
Resources and Business Development, IBM Corporation, Armonk,
New York (testifying on behalf of the U.S. Chamber of
Commerce); Ms. Carrie Lukas, President, Independent Women's
Forum, Washington, DC; Mr. Hans Riemer, President, Montgomery
County Council, Rockville, Maryland; Ms. Angela Schaefer, Vice
President of Human Resources, Safety National, St. Louis,
Missouri (testifying on behalf of the Society for Human
Resource Management).
February 15, 2018--``The Opioids Epidemic: Implication for America's
Workplaces''
The purpose of the joint hearing was to explore how the
opioid epidemic affects workplaces, communities, and the lives
of working Americans across the country.
Witnesses: President & CEO, Ziegenfelder Company,Wheeling,
West Virginia (testifying on behalf of the U.S. Chamber of
Commerce); Dr. Christina M. Andrews, PhD, Assistant Professor,
University of South Carolina, Columbia, South Carolina; Mr.
Corwin Rhyan, MPP, Senior Health Care Analyst, Altarum
Institute, Ann Arbor, Michigan; Ms. Kathryn J. Russo,
Principal, Jackson Lewis P.C., Melville, New York.
March 20, 2018--``Expanding Affordable Health Care Options: Examining
the Department of Labor's Proposed Rule on Association Health
Plans''
The purpose of the hearing was to explore the Department of
Labor's proposed rule to expand access to association health
plans.
Witnesses: Mr. John Arensmeyer, Founder and CEO, Small
Business Majority Tiburon, California; Mr. Christopher E.
Condeluci, Principal and Sole Shareholder, CC Law & Policy
PLLC, Washington, DC; Mr. Michael McGrew, CEO, McGrew Real
Estate, Lawrence, Kansas (testifying on behalf of the National
Association of REALTORS); Ms. Catherine Monson, CEO, FASTSIGNS
International, Inc.; Carrollton, Texas (testifying on behalf of
the International Franchise Association).
April 26, 2018--``Worker-Management Relations: Examining the Need to
Modernize Federal Labor Law''
The purpose of the hearing was to examine the current state
of the National Labor Relations Act (NLRA), and the need to
update the law to better accommodate employees and employers in
today's workforce.
Witnesses: Mr. Terry Bowman, Autoworker, Ypsilanti,
Michigan; Mr. Tommy Jackson, Long Haul Auto-Transport Driver,
Hermiston, Oregon; Dr. Anne M. Lofaso, Arthur B. Hodges
Professor of Law, West Virginia University College of Law,
Morgantown, West Virginia; Mr. Stefan J. Marculewicz,
Shareholder, Littler Mendelson P.C., Washington, DC.
May 16, 2018--``Enhancing Retirement Security: Examining Proposals to
Simplify and Modernize Retirement Plan Administration''
The purpose of the hearing was to examine four bipartisan
proposals to simplify and modernize retirement plan
administration for businesses large and small, as well as the
employees who benefit from the retirement plans offered.
Witnesses: Ms. Krista D'Aloia, Vice President and Associate
General Counsel Fidelity Investments, Boston, Massachusetts
(testifying on behalf of the American Benefits Council); Mr. J.
Mark Iwry Nonresident Senior Fellow, Brookings Institution,
Washington, DC; Mr. Paul Schott Stevens, President and CEO,
Investment Company Institute, Washington, DC; Mr. Tim Walsh,
Senior Managing Director, Institutional Investment Solutions
Distribution, TIAA, Waltham, Massachusetts.
June 21, 2018--``Growth, Opportunity, and Change in the U.S. Labor
Market and the American Workforce: A Review of Current
Developments, Trends, and Statistics''
The purpose of the hearing was to examine current positive
trends in the U.S. labor market, and the U.S. Department of
Labor's Bureau of Labor Statistics' labor market economic
information and methodologies.
Witnesses: Dr. Michael Farren, Research Fellow, Study of
American Capitalism, Mercatus Center at George Mason
University, Arlington, Virginia; Mr. Jared Meyer, Senior
Fellow, Foundation for Government Accountability, Washington,
DC; Mr. Stephen Moore, Distinguished Visiting Fellow, Project
for Economic Growth, The Heritage Foundation, Washington, DC;
Dr. William Spriggs, Professor of Economics, Howard University
(testifying on behalf of the AFL-CIO), Washington, DC.
July 24, 2018--``H.R. 4219, Workflex in the 21st Century Act''
The purpose of the hearing would allow employers to offer
employees paid leave and a flexible work arrangement on a
voluntary basis.
Witnesses: Mr. Jon W. Breyfogle, Principal, Groom Law
Group, Washington, DC; Ms. Loreen Gilbert, President,
WealthWise Financial Services, Irvine, California; The
Honorable Gayle L. Goldin, Senator, State of Rhode Island
General Assembly, Providence, Rhode Island; Mr. Johnny C.
Taylor, Jr., President and CEO, Society for Human Resource
Management, Alexandria, Virginia.
Subcommittee on Higher Education and Workforce Development
HEARINGS
In the 115th Congress, the Subcommittee on Higher Education
and Workforce Development held 11 hearings.
March 21, 2017--``Improving Federal Student Aid to Better Meet the
Needs of Students''
The purpose of the hearing was to discuss reauthorization
of the Higher Education Act, focusing on ways to streamline and
simplify federal student aid.
Witnesses: Ms. JoEllen Soucier, Executive Director of
Financial Aid, Houston Community College System, Houston,
Texas; Ms. Kristin Conklin, Partner, HCM Strategists,
Washington, DC; Mrs. Youlonda Copeland-Morgan, Vice-Provost of
Enrollment Management, University of California, Los Angeles,
Los Angeles, California; Dr. Matt Chingos, Senior Fellow, Urban
Institute, Washington, DC.
March 28, 2017--``Examining the Corporation for National and Community
Service and Its Failed Oversight of Taxpayer Dollars''
The purpose of the hearing was to discuss failures and
inefficiencies that have led to the mishandling of taxpayer
dollars by grantees funded by the Center for National and
Community Service (CNCS).
Witnesses: Ms. Allison Bawden, Acting Director of
Education, Workforce, and Income Security, Government
Accountability Office, Washington, DC; Ms. Lori Giblin, Chief
Risk Officer, Corporation for National and Community Service,
Washington, DC; Ms. Elizabeth Darling, CEO and President,
OneStar Foundation and National Service Commission, Austin,
Texas; The Honorable Deborah Jeffrey, Inspector General,
Corporation for National and Community Service, Washington, DC.
May 24, 2017--``Empowering Students and Families to Make Informed
Decisions on Higher Education''
The purpose of the hearing was to examine the importance of
balancing the need for transparency and accountability while
protecting student privacy.
Witnesses: Dr. Mark Schneider, Vice President, American
Institutes for Research, Washington, DC; Mr. Jason Delisle,
Resident Fellow, American Enterprise Institute, Washington, DC;
Ms. Mamie Voight, Vice President of Policy Research, Institute
for Higher Education Policy, Washington, DC; Mr. Andrew K.
Benton, President and Chief Executive Officer, Pepperdine
University, Malibu, California.
June 15, 2017--``Helping Americans Get Back to Work: Implementation of
the Workforce Innovation and Opportunity Act''
The purpose of the hearing was to examine the
implementation of the Workforce Innovation and Opportunity Act.
Witnesses: Ms. Michelle Paczynski, Deputy Assistant
Executive Director for Workforce and Economic Development,
South Carolina Department of Employment and Workforce,
Columbia, South Carolina; Mr. Heath Berlin, Information
Assurance Manager, Naval Health Clinic, Annapolis, Maryland;
Mr. Ron Painter, President, National Association of Workforce
Boards, Washington, DC; Mr. Louis Dubin, Board Chair, Workforce
Development Board for the State of Maryland, Baltimore,
Maryland.
July 26, 2017--``Expanding Options for Employers and Workers Through
Earn-and-Learn Opportunities''
The purpose of the hearing was to explore earn-and-learn
opportunities for workers through apprenticeship programs.
Witnesses: Mr. Mike Bennett, Vice President, Cianbro,
Pittsfield, Maine; Mr. Robert Peglow, Student, Kentucky
Federation for Advanced Manufacturing Education (KYFAME),
Franklin, Kentucky; Mr. Rob Hogan, Vice President of
Manufacturing and Material Distribution, Newport News
Shipbuilding, Newport News, Virginia; Ms. Stacey Johnson
Hughes, State Chair, Kentucky Federation for Advanced
Manufacturing Education (KYFAME), Russellville, Kentucky.
October 24, 2017--``Public-Private Solutions to Educating a Cyber
Workforce''
The purpose of the joint hearing was to examine best
practices for cybersecurity workforce development to narrow the
gap of qualified cybersecurity professionals.
Witnesses: The Honorable Stephen Cambone, Associate Vice
Chancellor, Texas A&M University System; Mr. Douglas Rapp,
President, Rofori Corporation-DEFCON Cyber (testifying on
behalf of the Cyber Leadership Alliance); Mr. David Jarvis,
Security and CIO Lead, IBM Institute for Business Value, Dr. R.
Scott Ralls, President, Northern Virginia Community College.
November 8, 2017--``Close to Home: How Opioids are Impacting
Communities''
The purpose of the joint hearing was to discuss the opioid
health emergency and its effects on American families,
communities, and the economy as a whole.
Witnesses: Mr. Tim Robinson, Founder and CEO, Addiction
Recovery Care, Louisa, Kentucky; Ms. Toni Miner, Family Support
Partner, Jefferson County, Colorado; Dr. Leana Wen,
Commissioner, Baltimore City Health Department, Baltimore,
Maryland; Dr. David Cox, Superintendent, Allegany County,
Maryland.
March 15, 2018--``Strengthening Access and Accountability to Work in
Welfare Programs''
The purpose of the hearing was to explore pathways from
federal assistance to employment.
Witnesses: Mr. Adam Meier, Deputy Chief of Staff for
Policy, Office of the Governor, Frankfort, Kentucky; Mr. Robert
Doar, Resident Fellow and Morgridge Fellow in Poverty Studies,
American Enterprise Institute, Washington, DC; Dr. Heather
Hahn, Senior Fellow, Urban Institute, Washington, DC; Mrs. Liz
Carver, Workforce Development Program and Policy Division
Director and TANF Administrator, Utah Department of Workforce
Services, Salt Lake City, Utah.
May 9, 2018--``Closing the Skills Gap: Private sector solutions for
America's workforce''
The purpose of the hearing was to examine ways to address
the nation's skills gap through helping job seekers learn the
skills they need for a good-paying job.
Witnesses: Mr. Steven Partridge, Vice President of
Workforce and Economic Development, Northern Virginia Community
College, Springfield, Virginia; Ms. Tamar Jacoby, President and
CEO, Opportunity America, Washington, DC; Ms. Traci Tapani,
President and Owner, Wyoming Machine, Stacy, Minnesota; Mr.
Ryan Costella, Director of Strategic Partnerships Click Bond,
Carson City, Nevada.
June 20, 2018--``Occupational Licensing: Reducing Barriers to Economic
Mobility and Growth''
The purpose of the hearing was to explore the prevalence of
occupational licensing, its effects on economic growth and
upward mobility, and what is being done to address the issue
within states and across state lines.
Witnesses: Mr. Bryan Schneider, Secretary, Illinois
Department of Financial and Professional Regulation, Chicago,
Illinois; Mr. Albert Downs, Employment, Labor & Retirement
Policy Specialist National Conference of State Legislatures,
Denver, Colorado; Ms. Rebecca Vallas, Vice President, Poverty
to Prosperity Program, Center for American Progress,
Washington, DC; Mr. Robert McNamara, Senior Attorney, Institute
for Justice, Arlington, Virginia.
September 5, 2018--``On-the-Job: Rebuilding the Workforce through
Apprenticeships''
The purpose of the hearing was to examine how the Workforce
Innovation and Opportunity Act supports work-based learning,
including on-the-job education and apprenticeships.
Witnesses: Dr. Sharon Johnson, CEO, Shenandoah Valley
Workforce Development Board, Inc., Harrisonburg, Virginia; Ms.
Carol Reynolds Chief Executive Officer, United Industrial
Services, LLC, Louisville, Kentucky; Mr. Mark Kessenich,
President, Wisconsin Regional Training Partnership, Milwaukee,
Wisconsin; Mr. B.J. Dernbach, Assistant Deputy Secretary,
Department of Workforce Development, Madison, Wisconsin.
Subcommittee on Workforce Protections
HEARINGS
In the 115th Congress, the Subcommittee on Workforce
Protections held nine hearings.
February 16, 2017--``Federal Wage and Hour Policies in the Twenty-First
Century Economy''
The purpose of the hearing was to review federal rules
implementing wage and hour protections and how they apply to
today's workforce.
Witnesses: Mr. Andy Brantley, President and CEO, College
and University Professional Association for Human Resources,
Knoxville, Tennessee; Ms. Rhea Lana Riner, President, Rhea
Lana's Franchise Systems, Inc., Conway, Arkansas (testifying on
behalf of the International Franchise Association); Mr. Andrew
Stettner, Senior Fellow, The Century Foundation, Washington,
DC; Ms. Christine Walters, Sole Proprietor, FiveL Company,
Westminster, Maryland (testifying on behalf of the Society for
Human Resource Management).
April 5, 2017--``H.R. 1180, Working Families Flexibility Act of 2017''
The purpose of the hearing would allow private-sector
employers to offer workers the choice of paid time off or cash
wages for overtime hours.
Witnesses: Ms. Leslie-Jo Boyd Christ, Chief Resource
Officer, WellStone Behavioral Health, Huntsville, Alabama; Mr.
Leonard Court, Director, Crowe & Dunlevy, Oklahoma City,
Oklahoma (testifying on behalf of the U.S. Chamber of
Commerce); Ms. Crystal Frey, Vice President of Human Resources,
Continental Realty Corporation, Baltimore, Maryland (testifying
on behalf of the Society for Human Resource Management (SHRM));
Ms. Vicki Shabo, Vice President, National Partnership for Women
& Families, Washington, DC.
May 23, 2017--``The Need for More Responsible Regulatory and
Enforcement Policies at the EEOC''
The purpose of the hearing was to discuss the need for more
responsible regulatory and enforcement policies at the Equal
Employment Opportunity Commission.
Witnesses: Mr. Todd A. Cox, Director of Policy, NAACP Legal
Defense and Educational Fund, Inc., Washington, DC; Ms. Camille
A. Olson, Partner, Seyfarth Shaw LLP, Chicago, Illinois
(testifying on behalf of the U.S. Chamber of Commerce); Ms.
Lisa Ponder, Vice President and Global HR Director, MWH
Constructors, Inc., Broomfield, Colorado (testifying on behalf
of the Society for Human Resource Management); Ms. Rae T. Vann,
Vice President and General Counsel, Equal Employment Advisory
Council, Washington, DC.
September 13, 2017--``H.R. 3441, Save Local Business Act''
The purpose of the joint hearing was to examine amendments
to the National Labor Relations Act and the Fair Labor
Standards Act to clarify the definition of joint employer.
Witnesses: Mr. Zachary D. Fasman, Partner, Proskauer Rose
LLP, New York, New York; Ms. Tamra Kennedy, President, Twin
City T.J.'s, Inc., Roseville, Minnesota (testifying on behalf
of the International Franchise Association); Mr. Granger
MacDonald, CEO, MacDonald Companies, Kerrville, Texas
(testifying on behalf of the National Association of Home
Builders); Mr. Michael Rubin, Partner, Altshuler Berzon LLP,
San Francisco, California.
February 6, 2018--``Reviewing the Policies and Priorities of the Mine
Safety and Health Administration''
The purpose of the hearing was to examine the current state
of workplace safety within the mining industry, and how MSHA
can strengthen American mining and ensure worker safety.
Witness: The Honorable David G. Zatezalo, Assistant
Secretary of Labor, Mine Safety and Health Administration, U.S.
Department of Labor, Washington, DC.
February 15, 2018--``The Opioids Epidemic: Implication for America's
Workplaces''
The purpose of the joint hearing was to explore how the
opioid epidemic affects workplaces, communities, and the lives
of working Americans across the country.
Witnesses: Ms. Lisa Allen, President & CEO, Ziegenfelder
Company, Wheeling, West Virginia (testifying on behalf of the
U.S. Chamber of Commerce); Dr. Christina M. Andrews, PhD,
Assistant Professor, University of South Carolina, Columbia,
South Carolina; Mr. Corwin Rhyan, MPP, Senior Health Care
Analyst, Altarum Institute, Ann Arbor, Michigan; Ms. Kathryn J.
Russo, Principal, Jackson Lewis P.C., Melville, New York.
February 27, 2018--``A More Effective and Collaborative OSHA: A View
from Stakeholders''
The purpose of the hearing was to examine how OSHA works
with stakeholders to strengthen workplace safety.
Witnesses: Mr. Peter Gerstenberger, Senior Advisor for
Safety, Standards and Compliance Tree Care Industry
Association, Londonderry, New Hampshire; Mr. J. Gary Hill,
President, J. Gary Hill LLC, Greensboro, North Carolina
(testifying on behalf of the National Association of Home
Builders); Mr. Eric Hobbs, Shareholder, Ogletree Deakins,
Milwaukee, Wisconsin (testifying on behalf of the U.S. Chamber
of Commerce); Dr. David Michaels, Professor, Milken Institute
School of Public Health, The George Washington University,
Washington, DC.
May 8, 2018--``The Opioid Epidemic: Implications for the Federal
Employees' Compensation Act''
The purpose of the hearing was to examine the implications
of the opioid epidemic for the Department of Labor's (DOL)
workers' compensation program for federal employees under the
Federal Employees' Compensation Act.
Witnesses: The Honorable Scott S. Dahl, Inspector General,
Office of Inspector General, U.S. Department of Labor,
Washington, DC; Mr. Joe Paduda, President, CompPharma, LLC,
Maggie Valley, North Carolina; Dr. Scott D. Szymendera, Acting
Section Research Manager, Congressional Research Service,
Library of Congress, Washington, DC; Ms. Ramona P. Tanabe,
Executive Vice President and Counsel, Workers Compensation
Research Institute, Cambridge, Massachusetts.
May 23, 2018--``Regulatory Reform: Unleashing Economic Opportunity for
Workers and Employers''
The purpose of the hearing was to examine ongoing
Congressional and administration efforts to deliver regulatory
reform and promote economic growth.
Witnesses: Ms. Karen Harned, Executive Director, National
Federation of Independent Business Small Business Legal Center,
Washington, DC; Dr. Douglas Holtz-Eakin, President, American
Action Forum, Washington, DC; Mr. Ryan K. Odendahl, President,
Kwest Group, Perrysburg, Ohio (testifying on behalf of
Associated Builders and Contractors, Inc.); Dr. Heidi
Shierholz, Senior Economist and Director of Policy, Economic
Policy Institute, Washington, DC.
Legislation Referred to Committee With House Passage
H.R. 10, Financial CHOICE Act of 2017 (Sponsor: Rep. Jeb
Hensarling), June 8, 2017.
H.R. 338, To promote a 21st century energy and manufacturing
workforce. (Sponsor: Rep. Bobby L. Rush), June 12,
2017.
H.R. 1101, Small Business Health Fairness Act of 2017 (Sponsor:
Rep. Sam Johnson), March 22, 2017.
H.R. 1180, Working Families Flexibility Act of 2017 (Sponsor:
Rep. Martha Roby), May 2, 2017.
H.R. 1304, Self-Insurance Protection Act (Sponsor: Rep. David
P. Roe), April 5, 2017.
H.R. 1635, Empowering Students Through Enhanced Financial
Counseling Act (Sponsor: Rep. Brett Guthrie), September
5, 2018.
H.R. 1808, Improving Support for Missing and Exploited Children
Act of 2017 (Sponsor: Rep. Brett Guthrie, Brett), May
23, 2017.
H.R. 1809, Juvenile Justice Reform Act of 2017 (Sponsor: Rep.
Jason Lewis), May 23, 2017.
H.R. 1973, Protecting Young Victims from Sexual Abuse Act of
2017 (Sponsor: Rep. Susan W. Brooks), May 25, 2017.
H.R. 2200, Frederick Douglass Trafficking Victims Prevention
and Protection Reauthorization Act of 2018. (Sponsor:
Rep. Christopher H. Smith), July 12, 2017.
H.R. 2259, Sam Farr and Nick Castle Peace Corps Reform Act of
2018 (Sponsor: Rep. Ted Poe), July 10, 2018.
H.R. 2353, Strengthening Career and Technical Education for the
21st Century Act (Sponsor: Rep. Glenn Thompson), July
23, 2018.
H.R. 2473, Put Trafficking Victims First Act of 2017 (Sponsor:
Rep. Ann Wagner), May 23, 2017.
H.R. 2664, Enhancing Detection of Human Trafficking Act
(Sponsor: Rep. Tim Walberg), July 12, 2017.
H.R. 2936, Resilient Federal Forests Act of 2017 (Sponsor: Rep.
Bruce Westerman), November 1, 2017.
H.R. 3441, Save Local Business Act (Sponsor: Rep. Bradley
Byrne), November 7, 2018.
H.R. 3759, RAISE Family Caregivers Act (Sponsor: Rep. Gregg
Harper), December 18, 2018.
H.R. 4760, Securing America's Future Act of 2018 (Sponsor: Rep.
Bob Goodlatte), December 18, 2017.
H.R. 5242, School Resource Officer Assessment Act of 2018
(Sponsor: Rep. Clay Higgins), May 15, 2018.
H.R. 5889, Recognizing Early Childhood Trauma Related to
Substance Abuse Act of 2018 (Sponsor: Rep. David Brat),
June 13, 2018.
H.R. 5890, Assisting States' Implementation of Plans of Safe
Care Act (Sponsor: Rep. Thomas A. Garrett, Jr.), June
13, 2018.
H.R. 5891, Improving the Federal Response to Families Impacted
by Substance Use Disorder Act (Sponsor: Rep. Glenn
Grothman), June 13, 2018.
H.R. 5892, To establish an Advisory Committee on Opioids and
the Workplace to advise the Secretary of Labor on
actions the Department of Labor can take to address the
impact of opioid abuse on the workplace. (Sponsor: Rep.
Jason Lewis), June 13, 2018.
H.R. 6014, To reauthorize the Family Violence Prevention and
Services Act (Sponsor: Rep. Glenn Thompson), September
28, 2018.
H.R. 6757, Family Savings Act of 2018 (Sponsor: Rep. Mike
Kelly), September 27, 2018.
H.J. Res. 57, Providing for congressional disapproval under
chapter 8 of title 5, United States Code, of the rule
submitted by the Department of Education relating to
accountability and State plans under the Elementary and
Secondary Education Act of 1965. (Sponsor: Rep. Todd
Rokita), February 7, 2017.
H.J. Res. 58, Providing for congressional disapproval under
chapter 8 of title 5, United States Code, of the rule
submitted by the Department of Education relating to
teacher preparation issues. (Sponsor: Rep. Brett
Guthrie), February 7, 2017.
H.J. Res. 66, Disapproving the rule submitted by the Department
of Labor relating to savings arrangements established
by States for non-governmental employees. (Sponsor:
Rep. Tim Walberg), February 15, 2017.
H.J. Res. 67, Disapproving the rule submitted by the Department
of Labor relating to savings arrangements established
by qualified State political subdivisions for non-
governmental employees. (Sponsor: Rep. Francis Rooney),
February 15, 2017.
H.J. Res. 83, Disapproving the rule submitted by the Department
of Labor relating to ``Clarification of Employer's
Continuing Obligation to Make and Maintain an Accurate
Record of Each Recordable Injury and Illness''.
(Sponsor: Rep. Bradley Byrne) , March 1, 2017.
H. Con. Res. 33, 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), June 7, 2017.
H. Con. Res. 95, Expressing support for the use of public-
private partnerships to bring computer science
education to more K-12 classrooms. (Sponsor: Rep. Scott
Taylor), December 18, 2017.
H. Res. 35, Expressing the sense of the House of
Representatives relating to automated external
defibrillator (AED) education in the Nation's schools.
(Sponsor: Rep. John J. Duncan, Jr.), December 12, 2018.
S. 943, Johnson-O'Malley Supplemental Indian Education Program
Modernization Act (Sponsor: Sen. Heidi Heitkamp),
December 11, 2018.
S. 1091, Supporting Grandparents Raising Grandchildren Act
(Sponsor: Sen. Susan M. Collins), June 13, 2018.
S. 1312, Trafficking Victims Protection Act of 2017 (Sponsor:
Sen. Chuck Grassley), September 28, 2018.
Legislation Referred to Committee Enacted Into Law
P.L. 115-13, H.J. Res. 57, Providing for congressional
disapproval under chapter 8 of title 5, United States
Code, of the rule submitted by the Department of
Education relating to accountability and State plans
under the Elementary and Secondary Education Act of
1965 (Sponsor: Rep. Todd Rokita) March 27, 2017.
P.L. 115-14, H.J. Res. 58, Providing for congressional
disapproval under chapter 8 of title 5, United States
Code, of the rule submitted by the Department of
Education relating to teacher preparation issues
(Sponsor: Rep. Brett Guthrie) March 27, 2017.
P.L. 115-21, H.J. Res. 83, Disapproving the rule submitted by
the Department of Labor relating to ``Clarification of
Employer's Continuing Obligation to Make and Maintain
an Accurate Record of Each Recordable Injury and
Illness'' (Sponsor: Rep. Bradley Bryne) April 3, 2017.
P.L. 115-24, H.J. Res. 67, Disapproving the rule submitted by
the Department of Labor relating to savings
arrangements established by qualified State political
subdivisions for non-governmental employees (Sponsor:
Rep. Francis Rooney) April 13, 2017.
P.L. 115-35, H.J. Res. 66, Disapproving the rule submitted by
the Department of Labor relating to savings
arrangements established by qualified State political
subdivisions for non-governmental employees (Sponsor:
Tim Walberg) May 17, 2017.
P.L. 115-119, H.R. 3759, RAISE Family Caregivers Act (Sponsor:
Rep. Greg Harper) January 22, 2018.
P.L. 115-196, S. 1091, Supporting Grandparents Raising
Grandchildren Act (Sponsor: Sen. Susan Collins) July 7,
2018.
P.L. 115-224, H.R. 2353, Strengthening Career and Technical
Education for the 21st Century Act (Sponsor: Rep. Glenn
Thompson) July 31, 2018.
P.L. 115-256, H.R. 2259, Sam Farr and Nick Castle Peace Corps
Reform Act of 2018 (Sponsor: Rep. Ted Poe) October 9,
2018.
P.L. 115-, H.R. 6964, Juvenile Justice Reform Act of 2018
(Sponsor: Rep. Jason Lewis) December 21, 2018.
P.L. 115-, S. 1312, Trafficking Victims Protection Act of 2017
(Sponsor: Sen. Chuck Grassley), September 28, 2018.
P.L. 115-, S. 943, Johnson-O'Malley Supplemental Indian
Education Program Modernization Act (Sponsor: Sen.
Heidi Heitkamp), December 31, 2018.
Legislation Within Committee Jurisdiction Enacted Into Law
P.L. 115-64, S. 1866, Hurricanes Harvey, Irma, and Maria
Education Relief Act of 2017 (Sponsor: Sen. Lamar
Alexander) September 29, 2017.
P.L. 115-91, H.R. 2810, National Defense Authorization Act for
Fiscal Year 2018 (Sponsor: Rep. Mac Thornberry)
December 12, 2017.
P.L. 115-93, H.R. 228, Indian Employment, Training and Related
Services Consolidation Act of 2017 (Sponsor: Rep. Don
Young) December 18, 2017.
P.L. 115-232, H.R. 5515, John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Sponsor: Rep.
Mac Thornberry) August 13, 2018
P.L. 115-267, S. 3354, Missing Children's Assistance Act of
2018 (Sponsor: Sen. Chuck Grassley) October 11, 2018.
P.L. 115-334, H.R. 2, Agriculture Improvement Act of 2018
(Sponsor: Rep. Michael Conaway) December 20, 2018.
Oversight Plan Summary and Correspondence
On January 24, 2017, the Committee adopted an oversight
plan for the 115th 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 115th Congress:
Administration of the regulatory process to
ensure stakeholders have sufficient time to review and
provide public comment on regulatory actions;
Administration of programs to ensure the
expenditure of taxpayers' money leads to high-quality
outcomes;
Administration of programs to reign in the
executive actions implemented by the previous
administration;
Implementation of elementary and secondary
education programs and policies, including the
significant changes made to the Preschool Development
Grants;
Administration of federal student loans,
grants, and work-study funds;
Implementation of postsecondary education
program regulations and reporting requirements to
prevent interference with academic freedom,
infringement on authority of states, limitations on
student choice, and unfair targeting of particular
sectors of higher education;
Implementation of the nation's workforce
development 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 10, 2017--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting
information to determine whether Employment and Training
Administration effectively provides students and staff with
a safe learning environment at Job Corps centers.
January 16, 2017--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting an
examination of the requirements of the GSAXcess program.
January 30, 2017--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting review
of current Income-Driven Repayment programs eligibility
verification policies and recommendations to prevent waste,
fraud, and abuse within the programs.
February 1, 2017--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting
information about state support of early childhood care and
education programs, including their reach, effectiveness,
and interaction with similar federal programs.
February 14, 2017--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting
Chairwoman Foxx be added as requester to four in-progress
Government Accountability Office studies.
February 16, 2017--Letter to the Honorable Thomas Price,
Secretary, U.S. Department of Health and Human Services,
regarding oversight efforts and requesting an introductory
meeting.
February 16, 2017--Letter to the Honorable Betsy DeVos,
Secretary, U.S. Department of Education, regarding
oversight efforts and requesting an introductory meeting.
March 9, 2017--Letter to the Honorable Mick Mulvaney, Director,
Office of Management and Budget, requesting OMB reconsider
its approval of revisions to the annual Employer
Information Report to include collection of pay data.
March 16, 2017--Letter to the Honorable Betsy DeVos, Secretary,
U.S. Department of Education, requesting information on the
Internal Revenue Service Data Retrieval Tool.
March 16, 2017--Letter to the Honorable John Koskinen,
Commissioner Internal Revenue Service, requesting a
briefing, documents, and other information on the Internal
Revenue Service Data Retrieval Tool.
March 17, 2017--Letter to Mr. Edward C. Hugler, Acting
Secretary, U.S. Department of Labor, supporting the
proposed rule to delay the Obama administration's
regulation amending the definition of fiduciary under the
Employee Retirement Income Security Act.
March 23, 2017--Letter to the Honorable Betsy DeVos, Secretary,
U.S. Department of Education, requesting a briefing,
documents, and other information on the Student Aid
Enforcement Unit.
March 31, 2017--Letter to the Honorable Tom Price, Secretary,
U.S. Department of Health and Human Services, requesting
the Secretary revisit regulations regarding background
check requirements for child care providers not
participating in the Child Care and Development Block Grant
program.
April 4, 2017--Letter to the Honorable Betsy DeVos, Secretary,
U.S. Department of Education, requesting responses to
questions regarding the Presidential Management Fellows
program.
April 4, 2017--Letter to the Honorable Betsy DeVos, Secretary,
U.S. Department of Education, continuing the Committee's
request for information concerning the employment status
conversion.
April 10, 2017--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting a
review of the Department of Education's growth and
structural changes, and recommendations for streamlining
and improving the agency's operations.
April 17, 2017--Letter to Mr. Edward C. Hugler, Acting
Secretary, U.S. Department of Labor, expressing strong
concerns regarding the Obama administration's fiduciary
regulation.
April 26, 2017--Letter to Ms. Patricia W. Silvery, Deputy
Assistant Secretary of Labor, Mine Safety and Health
Administration, U.S. Department of Labor, and Mr. Nicholas
C. Geale, Acting Solicitor of Labor, U.S. Department of
Labor, urging delay of the implementation of the
``Examinations of Working Places in Metal and Nonmetal
Mines'' regulation and its re-examination.
April 27, 2017--Letter to the Honorable Sonny Perdue,
Secretary, U.S. Department of Agriculture, regarding
oversight efforts.
April 28, 2017--Letter to the Honorable Sonny Perdue,
Secretary, U.S. Department of Agriculture, requesting USDA
take immediate action to address problems created by
regulations around meal standards and competitive foods,
and notify schools about intent to remedy these problems.
May 17, 2017--Letter to the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, urging a delay of
implementation of ``Occupational Exposure to Beryllium''
regulation.
May 17, 2017--Letter to the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, regarding oversight
efforts.
May 22, 2017--Letter to the Honorable Philip A. Miscimarra,
Chairman, National Labor Relations Board, regarding
oversight efforts.
May 23, 2017--Letter to the Honorable Betsy DeVos, Secretary,
U.S. Department of Education, requesting responses to
questions regarding the role of the Council of Chief State
School Officers in the development of consolidated state
plans.
May 23, 2017--Letter to the Honorable Victoria A. Lipnic,
Acting Chair, Equal Employment Opportunity Commission,
regarding oversight efforts.
May 30, 2017--Letter to the Honorable Betsy DeVos, Secretary,
U.S. Department of Education, expressing concerns regarding
borrower defense regulations.
May 30, 2017--Letter to the President urging him to nominate
two qualified candidates to the National Labor Relations
Board.
June 5, 2017--Letter to the Honorable Alexander Acosta,
Secretary U.S. Department of Labor, requesting to be
informed on all of the steps the Department is taking to
address concerns about Job Corps student safety and
security and broader oversight and management.
June 6, 2017--Letter to the Honorable Gene Dodaro, Comptroller
General of the United States, requesting an examination of
the extent to which the Advisory Board on Toxic Substances
and Worker Health has reviewed the scientific soundness of
the Site Exposure Matrix, any findings and recommendations
the Board has made, and the Department of Labor's response
to such recommendations.
June 6, 2017--Letter to the Honorable Gene Dodaro, Comptroller
General of the United States, requesting an examination of
the number of Part E claims reopened as a result of
additional links between toxins and occupational illness
under the Energy Employees Occupational Illness
Compensation Program Act and the extent to which re-
adjudicating these claims has resulted in any changes to
the final decision to accept or deny the claim.
June 9, 2017--Letter to the Honorable Betsy DeVos, Secretary,
U.S. Department of Education, regarding leadership at the
Office of Federal Student Aid.
August 7, 2017--Letter to the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, expressing concerns
and requesting answers to questions regarding Job Corps.
August 7, 2017--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting
investigative oversight and audit work regarding Head Start
and the Child Care Development Block Grant.
August 9, 2017--Letter to the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, requesting a meeting
regarding Workforce Innovation and Opportunity Act
competitive funds distribution process.
August 11, 2017--Letter to the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, expressing support for
the Department of Labor's Office of Labor-Management
Standards' proposed rule entitled ``Rescission of Rule
Interpreting `Advice' Exemption in Section 203(C) of the
Labor-Management Reporting and Disclosure Act'' (Persuader
Rule).
September 12, 2017--Letter to Job Corps' contractors and the
Honorable Tony Tooke, Chief, U.S. Forest Service,
requesting information regarding safety performance,
protocols, and procedures in the Job Corps program.
September 15, 2017--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting review
of the U.S. Department of Agriculture's National School
Lunch Program and School Breakfast Program.
September 25, 2017--Letter to the Honorable R. Alexander
Acosta, Secretary, U.S. Department of Labor, submitting
information in response to the Department of Labor's Wage
and Hour Division's Request for Information regarding
regulations defining and delimiting exemptions for the Fair
Labor Standards Act's minimum wage and overtime
requirements for certain executive, administrative,
professional, outside sales, and computer employees
(Overtime Rule).
September 26, 2017--Letter to the Honorable Tom Price, M.D.,
Secretary, U.S. Department of Health and Human Services,
requesting information regarding implementation of the
``plans of safe care'' provision in the Child Abuse
Prevention and Treatment Act, as amended by the
Comprehensive Addiction and Recovery Act of 2016.
October 23, 2017--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting
information regarding educational achievement and options
for American Indian and Alaska Native students.
December 4, 2017--Letter to Gene Dodaro, Comptroller General of
the United States, expanding the scope of a requested
examination of the Job Corps program.
December 11, 2017--Letter to Job Corps contractors and the
Honorable Tony Tooke, Chief, U.S. Forest Service,
reiterating the need for a timely response to the letter
sent September 12, 2017.
December 18, 2017--Letter to Gene Dodaro, Comptroller General
of the United States, requesting a review of the
implementation of the Community Service Block Grant
program.
January 8, 2018--Letter to Administration for Children and
Families, Office of Planning, Research, and Evaluation and
Office of Information and Regulatory Affairs, Office of
Management and Budget providing feedback on the FY 2019-
2021 Child Care and Development Fund Plan Preprint.
January 18, 2018--Letter to the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, requesting information
regarding actions taken to ensure union ``worker centers''
are providing public transparency and complying with all
relevant statutes.
February 1, 2017--Letter to the Honorable Alex Azar II,
Secretary, U.S. Department of Health and Human Services,
and the Honorable Betsy DeVos, Secretary, U.S. Department
of Education, sharing congressional intent about the
Preschool Development Grant Program.
February 7, 2018--Letter to U.S. Department of Health and Human
Services, Office of Head Start, Division of Planning,
Oversight and Policy, responding to a request for feedback
on the re-evaluation of the Designation Renewal System in
the Head Start Program, including the use of classroom
observation tools, increasing competition, and improving
grant management.
February 13, 2018--Letter to Ms. Edna Jackson, President and
CEO, Jackson Pierce Public Affairs, Inc., requesting
information regarding safety performance, protocols, and
procedures in the Job Corps program.
March 5, 2018--Letter to the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, offering comments on
the Department's proposed rule to revise the definition of
``employer'' under Section 3(5) of the Employee Retirement
Income Security Act of 1974.
April 18, 2018--Letter to the Honorable John Ring, Chairman,
National Labor Relations Board, submitting comments on the
Board's Request for Information concerning its 2014
representation election rule.
April 27, 2018--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting a
review of the impact of the U.S. Department of Labor's
October 1, 2013, final rule (Home Care Rule) involving the
``companionship services'' exemption under the Fair Labor
Standards Act.
May 10, 2018--Letter to the Honorable Gene Dodaro, Comptroller
General of the United States, requesting information on how
various consumer price indices can be used to more
accurately reflect the cost of living of today's seniors.
June 14, 2018--Letter to the Honorable Alex Azar II, Secretary,
U.S. Department of Health and Human Services, requesting a
briefing about the agency's actions to ensure federal Child
Care and Development Block Grant funds are being used
properly, in light of fraud allegations out of Minnesota.
June 14, 2018--Letter to the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, urging existing Job
Corps centers be dedicated to serving the needs of youth
recovering from addiction to opioids and to preparing young
adults to enter professions that will help their
communities defeat the opioid epidemic.
June 26, 2018--Letter to the Honorable Betsy DeVos, Secretary,
U.S. Department of Education, requesting information
regarding the steps the Department takes to ensure
employees and grantees receiving federal education funds
are aware of and follow rules regarding fraud reporting and
prevention.
June 28, 2018--Letter the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, regarding the
Department's March 6, 2018, letter in response to
Chairwoman Foxx and Chairman Walberg's January 18, 2018
letter about union ``worker centers'' and their regulation
by the Office of Labor-Management Standards under the
Labor-Management Reporting and Disclosure Act.
July 18, 2018--Letter to the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, underscoring the need
for improvements in the Job Corps program to ensure student
safety, requesting a full review of the Department's Policy
and Requirements Handbook (PRH) to ensure it clearly
communicates contractor responsibilities and the priorities
of the current administration, and requesting regular
briefings between the Department and staff on the Education
and the Workforce Committee to address these concerns.
July 19, 2018--Letter to the Honorable Gene Dodaro, Comptroller
General of the United States, requesting information
regarding how the Equal Employment Opportunity Commission
is enforcing non-discrimination laws and working to prevent
discrimination through outreach, education, and technical
assistance.
July 19, 2018--Letter to the Honorable Gene Dodaro, Comptroller
General of the United States, requesting a study of the
backlog of discrimination charges at the Equal Employment
Opportunity Commission.
July 23, 2018--Letter to the Honorable Gene Dodaro, Comptroller
General of the United States, requesting an examination of
the award notifications sent to students that explain their
financial aid package.
August 22, 2018--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting a
review the Johnson-O'Malley program.
August 27, 2018--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting
information on the availability of school choice options,
including public charter schools, magnet schools, and
private schools, to school-age dependents of active duty
service members.
September 6, 2018--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting an
examination of the technical assistance practices at the
Department of Education, Department of Health and Human
Services Administration for Families and Children, and the
Department of Labor Employment and Training Administration.
September 13, 2018--Letter to Ms. Ashley Higgins, U.S.
Department of Education, expressing appreciation for the
Department's August 14, 2018, notice of proposed rulemaking
to rescind the current gainful employment regulation.
September 18, 2018--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting
information on charter school access to public buildings.
September 19, 2018--Letter to the Honorable Betsy DeVos,
Secretary, U.S. Department of Education, expressing
appreciation for the Department's borrower defense
regulations.
October 1, 2018--Letter to the Honorable John Ring, Chairman,
National Labor Relations Board, applauding the progress
made by the Trump administration National Labor Relations
Board (NLRB) over the past year in restoring a reasonable
application of the National Labor Relations Act (NLRA) and
sharing priorities for the NLRB as it moves forward in
protecting the workplace rights of employees and employers.
October 12, 2018--Letter to the Honorable Gene Dodaro,
Comptroller General of the United States, requesting
information on how schools, school districts, and states
are protecting students' personally identifiable
information as they use more technology in the classroom
and to help improve student performance.
October 25, 2018--Letter to the Honorable Alexander Acosta,
Secretary, U.S. Department of Labor, urging the Department
to permit all industries and economic sectors to
participate in Industry-Recognized Apprenticeship Programs.
Committee Activity Statistics--115th Congress
Total Number of Hearings--59
Total Number of Full Committee Hearings--17
Total Number of Subcommittee Hearings--42 (including joint
hearings)
Total Number of Bills and Other Committee Materials Considered
in Markup Session--14
Total Number of Filed Legislative Reports--13
Total Number of House Bills Referred--913
Total Number of Bills Referred to the Committee with House
Passage--36
Total Number of Bills Referred to the Committee Enacted into
Law--12
Total Number of Bills within Committee Jurisdiction Enacted
into Law--6
Total Number of Initiated Oversight Correspondence--69
MINORITY VIEWS
Introduction
Committee Democrats in the 115th Congress advanced a
legislative and oversight agenda focused on improving equity in
education, protecting and expanding access to affordable health
care, and ensuring the right to a safe workplace where workers
can earn a decent wage, free from discrimination. These policy
goals reflect our values and commitment that America is a place
where everyone can succeed, not just the wealthy few.
Early Childhood Education
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 and reliance on federal benefits. State and local
elected officials, and business, school, law enforcement,
military, and economic leaders, have all expressed broad
agreement that increased investments in quality early childhood
education are critical to our country's economic growth and
military readiness. Democratic members of the House Committee
on Education and the Workforce (Committee Democrats) continued
their commitment to improving access to early childhood
education during the 115th Congress.
On March 16, 2017, House Committee on Education and the
Workforce (Committee) Ranking Member Robert C. ``Bobby'' Scott
(D-VA) (Ranking Member Scott), in partnership with House
Committee on Ways and Means' Subcommittee on Human Resources
Ranking Member Danny K. Davis (D-IL) (Ranking Member Danny
Davis), sent a letter to the U.S. Government Accountability
Office (GAO) requesting it examine the benefits of the Child
Care and Development Block Grant (CCDBG) for middle class
families whose incomes are too high to qualify for the program.
GAO is expected to finalize its report during the first half of
2019.
On July 13, 2017, the Committee's Subcommittee on Early
Childhood, Elementary, and Secondary Education (ECESE
Subcommittee) held a hearing titled Opportunities for State
Leadership of Early Childhood Programs. The hearing provided an
overview of federal investments in early learning, detailed
efforts by states to complement federal funding, and
highlighted the need for increasing access to high-quality
early learning opportunities. Committee Democrats invited
expert testimony from Dr. Pamela Harris, President and CEO of
Mile High Early Learning in Denver, Colorado, who discussed the
importance of federal partnership in supporting state efforts
to improve access and quality.
On September 14, 2017, Committee Democrats introduced H.R.
3773, the Child Care for Working Families Act, which would
address the high cost of child care by ensuring that no family
making under 150 percent of the state median income pays more
than seven percent of their income on child care. The bill
would also support universal access to high-quality preschool
programs for all 3- and 4-year olds. Finally, the bill would
significantly improve compensation and training for the child
care workforce to ensure that our nation's teachers and
caregivers, as well as the children they are caring for, have
the support necessary to thrive. Despite co-sponsorship by 137
members of Congress, the Committee has taken no action on the
bill.
On January 18, 2018, Ranking Member Scott and House
Appropriations Committee's Subcommittee on Labor, Health and
Human Services, Education, and Related Agencies (Labor-HHS-ED)
Ranking Member Rosa DeLauro (D-CT) (Ranking Member DeLauro)
sent an oversight letter to the U.S. Department of Health and
Human Services (HHS) requesting HHS' reasoning for closing the
Office of Early Childhood Development. On March 20, 2018, HHS
sent a response letter saying that while the Office of Early
Childhood Development closed, its responsibilities to
administer Preschool Development Grants (PDGs) and coordinate a
unified vision of early learning are still a responsibility of
HHS and have been incorporated into other aspects of the
Administration of Children and Families (ACF).
Committee Democrats worked with their Republican and Senate
colleagues to ensure that HHS, in consultation with the U.S.
Department of Education (ED), faithfully implements PDGs
authorized under the Every Student Succeeds Act (ESSA). On
February 1, 2018, Ranking Member Scott, along with Committee
Chairwoman Virginia A. Foxx (R-NC) (Chairwoman Foxx) and Senate
Health, Education, Labor, and Pensions (Senate HELP) Committee
Chairman Lamar Alexander (R-TN) (Senator Alexander) and Ranking
Member Patty Murray (D-WA) (Senator Murray), sent an oversight
letter to HHS and ED clarifying the intent of the law and
expectations for faithful implementation of the grant's first
year. On March 28, 2018, ED provided a written response
describing agency efforts to transition the grant to HHS while
still maintaining ED's role in administering the grant. HHS met
with bipartisan Committee staff on at least two occasions to
brief and consult with staff about the grant's Funding
Opportunity Announcement.
On March 6, 2018, the ECESE Subcommittee held a hearing
titled Strengthening Welfare to Work with Child Care, which
focused on how investments in child care, including CCDBG,
support working parents, alleviate generational poverty, and
boost the economy. Committee Democrats invited expert testimony
from Dr. Tammy Mann, President and CEO of the Campagna Center
in Alexandria, Virginia, and President of the National
Association for the Education of Young Children (NAEYC), who
discussed the lack of access to affordable, high-quality child
care and the need to pass H.R. 3773, the Child Care for Working
Families Act, in order to address access and quality
shortfalls.
K-12 Education
IMPLEMENTATION OF THE EVERY STUDENT SUCCEEDS ACT
Committee Democrats led a Democratic Caucus effort to
oppose the Republican Majority's use of a Congressional Review
Act (CRA) resolution of disapproval to repeal all Elementary
and Secondary Education Act (ESEA) accompanying regulations
clarifying state and school district flexibilities and
responsibilities relating to accountability, data and
reporting, and state plan requirements under ESSA. Under a CRA
resolution of disapproval, the disapproved rule cannot take
effect, and such a rule cannot be reissued in substantially the
same form unless authorized by Congress. In the face of unified
Democratic opposition, H.J. Res. 57 passed the U.S. House of
Representatives (House) on February 9, 2017, by a party-line
vote of 234-190. H.J. Res. 57 went on to pass the U.S. Senate
(Senate) by a vote of 50-49 on March 9, 2017. The measure was
signed into law on March 27, 2017, leaving ESSA's core equity
provisions unregulated.
On March 10, 2017, Committee Democrats and Senate HELP
Committee Democrats sent a letter to U.S. Secretary of
Education Betsy DeVos (Secretary DeVos) seeking clarification
on ED's updated consolidated state plan template, issued in the
wake of enactment of H.J. Res. 57. The letter asked Secretary
DeVos for additional information concerning ED's oversight of
state compliance with statutory requirements. A response was
received from Assistant Secretary Jason Botel on May 26, 2017,
acknowledging receipt of the March 10th letter but failing to
provide the information requested. At the time the response was
received, the first round of ESSA state plans had already been
submitted to ED.
The Committee held a hearing titled ESSA Implementation:
Exploring State and Local Reform Efforts on July 18, 2017.
Committee Democrats invited expert testimony from Mr. Phillip
Lovell, Vice President of Policy and Government Relations for
the Alliance for Excellent Education. Mr. Lovell's testimony
and subsequent answers to questions focused on the need for (1)
strong oversight from Congress, and (2) equity to meet the
requirements of the law and statutory intent, particularly
given ED's failure to faithfully implement the law's statutory
requirements. Committee Democrats spoke about: (1) the
necessity of balancing the law's flexibilities with strong
oversight and enforcement of ESSA protections for historically
underserved students; (2) the wide variance in quality among,
and statutory violations contained in, consolidated state plans
under ED's review; and (3) the need for Congress to support
ESSA implementation through increased funding for ESEA
programs.
By September 2017, ED had approved fourteen ESSA
consolidated state plans. Committee Democrats asserted that
inconsistent ED feedback and lack of technical assistance had
resulted in numerous submitted and approved state plans
containing proposals that violated both the plain reading and
bipartisan intent of the law. On September 18, 2017, Ranking
Member Scott and Senator Murray sent an oversight letter to
Secretary DeVos articulating the core requirements of Title I-
A's state plan compliance, many of which were in question in
the approved plans. A response from Secretary DeVos was
received on October 24, 2017, stating her intent and commitment
to implement and enforce ESSA statutory requirements, but
lacking information to clarify how ED would assist states where
necessary to amend consolidated plans to uphold the
requirements and intent of the law.
On March 7, 2018, ten Committee Democrats joined leaders
and members of the Congressional Asian Pacific American Caucus
(CAPAC), Congressional Black Caucus (CBC), and Congressional
Hispanic Caucus (CHC)--jointly known as the Congressional Tri-
Caucus--in sending a letter to Secretary DeVos expressing
concerns with ED's approval of consolidated state plans that
violated both the letter and spirit of ESSA. The letter focused
on two of the law's provisions governing the development of
statewide accountability systems, as required under Title I-A:
lack of state education agencies' (SEA) attention to subgroup
performance and conflated categories of identification for
schools in need of school improvement. Both provisions were top
priorities for the Congressional Tri-Caucus during the 2015
ESSA negotiations and critical to securing vocal caucus support
for final passage of ESSA. Secretary DeVos responded to the
letter on June 22, 2018, asserting that all approved
consolidated state plans are compliant with the law's minimum
requirements.
On May 16, 2018, Ranking Member Scott joined Senator Murray
in sending an oversight letter to Secretary DeVos regarding her
misuse of the law's transition authority to waive core ESEA
requirements upon request. ED had denied a request by the North
Dakota SEA to waive core ESEA assessment requirements, citing
the proposal's lack of statutory compliance and justification
for the waiver. ED subsequently approved the state to move
forward with its waiver proposal--uncorrected to account for
its previous denial--but using Secretary DeVos's transition
authority. No response was received.
On May 22, 2018, Secretary DeVos appeared before the
Committee to testify in defense of the Administration's
proposed Fiscal Year 2019 budget. This hearing was the first
appearance of Secretary DeVos before the Committee. Committee
Democrats pressed Secretary DeVos on ESSA implementation,
questioning her approval of state plans that violate statutory
requirements, including plans that ignore the performance of
subgroups of students. Committee Democrats also questioned
Secretary DeVos on systems of annual meaningful
differentiation, school improvement efforts, and the lack of ED
oversight efforts to ensure faithful implementation of the law.
On July 12, 2018, Ranking Member Scott and Senator Murray
sent an oversight letter to Secretary DeVos urging ED to reject
the Utah SEA's request that ED misuse transition authority to
grant the state a one-year reprieve from the law's 95 percent
testing participation rate requirement. Secretary DeVos
subsequently denied Utah's request to use transition authority
to waive the 95 percent testing participation rate requirement,
and a response from Secretary DeVos was received on September
17, 2018.
PUBLIC SCHOOL INFRASTRUCTURE
On May 17, 2017, Committee Democrats introduced H.R. 2475,
the Rebuild America's Schools Act, to create a $70 billion
grant program and $30 billion tax credit bond program for high-
poverty schools with facilities that pose health and safety
risks to students and staff. Additionally, the bill would
leverage federal, state, and local resources for an overall
investment of $107 billion, creating over 1.9 million jobs
based on an Economic Policy Institute analysis that each $1
billion spent on construction creates 17,785 jobs. The bill was
introduced with 28 original cosponsors.
On June 8, 2017, Committee Democrats convened a briefing on
the physical and digital infrastructure of public schools.
On January 17, 2018, Committee Democrats led a Democratic
Caucus letter to President Trump about the introduced Rebuild
America's Schools Act in response to the President's comments
to rebuild the Nation's infrastructure, including schools. The
authors of the letter invited the President to work toward
passing the Rebuild America's Schools Act to meet that goal.
The letter was signed by 154 members of Congress. No response
was received.
On October 23, 2018, Ranking Member Scott wrote Chairwoman
Foxx to request a hearing on the Rebuild America's Schools Act
before the close of the 115th Congress. No response was
received, and no hearing was convened.
SIGNIFICANT DISPROPORTIONALITY
On December 6, 2017, Committee Democrats supported
Representatives A. Donald McEachin (D-VA) and Sean P. Maloney
(D-NY) in holding a briefing titled The Over-Identification and
Discipline in Special Education: Protecting Minority Students
with Disabilities. The briefing highlighted the importance of
the 2016 Equity in IDEA regulation on significant
disproportionality and the need for ongoing oversight on over-
identification, inappropriate placement, and misuse of
discipline of students of color with disabilities. The panel
included expert testimony from Ms. Diane Smith Howard, Senior
Staff Attorney with the National Disability Rights Network; Mr.
Michael Yudin, former Assistant Secretary for the Office of
Special Education and Rehabilitative Services at ED; Mr. Daniel
Losen, Director of the Center for Civil Rights Remedies at the
Civil Rights Project at UCLA; and Ms. Selene Almazan, Legal
Director for the Council of Parent Attorneys and Advocates.
Secretary DeVos announced ED's intent to delay the Equity
in IDEA regulation in a Notice of Proposed Rulemaking (NPRM) on
February 27, 2018. Committee Democrats joined with Senate HELP
Committee Democrats to submit a formal comment in opposition to
the proposed delay on May 14, 2018. The formal comment
explained the legal requirements of significant
disproportionality, the need for a standard methodology due to
years of inconsistent implementation, the need for
standardization for enforcement, the lengthy comment period
already provided from the original regulation, and the harm the
delay would cause children. Despite more than 80 percent of the
comments received by ED opposing the delay and with no
evidence-based rationale for such delay, ED finalized the two-
year delay of the Equity in IDEA regulation on June 29, 2018.
SCHOOL CHOICE
On February 2, 2017, the Committee held a hearing titled
School Choice and Equitable Access to a Quality Education.
Committee Democrats invited testimony from Ms. Almo Carter, who
spoke about her experience navigating public and private school
choice options in the District of Columbia in pursuit of a
quality education for her son, Jacob, who is a student with
disabilities. Ms. Carter's testimony emphasized the need for
educational choice policies that support all parents to make
informed choices among high-quality, accountable public school
choice options that serve all students. Committee Democrats
emphasized, and focused their questions on, the inequitable
opportunities for students with disabilities and lack of civil
rights protections in private school voucher programs.
On Wednesday June 13, 2018, the Committee held a hearing
entitled The Power of Charter Schools: Promoting Opportunity
for America's Students. Committee Democrats invited testimony
from Mr. Jonathan Clark, a parent and community activist from
Detroit, Michigan. Mr. Clark spoke about the need for
equitable, high-quality public school options for all children
in Detroit. He also addressed the state of Michigan's
underfunding of traditional public schools and the lack of
oversight over Detroit's low-quality and chaotic charter school
system. Committee Democrats engaged with Mr. Clark and other
witnesses to discuss (1) the role of public school choice in
achieving a strong public education system and quality public
education for every child, and (2) how Michigan's rapid
expansion of low-quality and for-profit charter schools has
undermined the state's public education system and negatively
impacted student learning.
SCHOOL CLIMATE
Ranking Member Scott requested a GAO report on alternative
schools that serve public elementary and secondary students on
May 3, 2017. The request asked GAO to examine types of
alternative schools, school climate, compliance with federal
and civil rights requirements, and educational impact for
enrolled students.
On July 26, 2017, Committee Democrats led an oversight
letter addressed to Secretary DeVos concerning SEA compliance
with ESEA statutory requirements to address school conditions
and exclusionary discipline procedures and practices. The
letter outlined the federal requirements for reduction of
exclusionary discipline and urged Secretary DeVos to support
states and school districts in the implementation of evidence-
based practices to reduce exclusionary and aversive discipline.
Sixty-two House Democrats signed the letter. Secretary DeVos
responded to the letter on October 2, 2017, outlining various
grant programs ED administers on school climate, but failing to
address the concerns regarding lack of compliance with ESEA
requirements.
Ranking Member Scott submitted public comments on January
16, 2018, in response to the U.S. Commission on Civil Rights'
public briefing titled The School-to-Prison Pipeline: The
Intersections of Students of Color with Disabilities. The
public comments outlined the ongoing work by Committee
Democrats to ensure that legal protections for students of
color with disabilities are upheld by both ED and the U.S.
Department of Justice (DOJ) under the Trump Administration.
On March 15, 2018, Ranking Member Scott sent a letter to
Secretary DeVos reiterating congressional Democrats' request to
maintain the 2014 ED-DOJ School Discipline Guidance Package.
This request was first articulated by Ranking Member Scott to
Secretary DeVos during an in-person meeting on January 11,
2018. The letter was sent following ED's review of a GAO report
finding that exclusionary discipline is disproportionately used
on black students, boys, and students with disabilities. The
letter urged Secretary DeVos to maintain the guidance package
and ensure full civil rights protections for students. No
response was received.
On April 4, 2018, Committee Democrats and Democrats from
the House Committee on the Judiciary (Judiciary Committee
Democrats) released a GAO Report titled Discipline Disparities
for Black Students, Boys, and Students with Disabilities. The
report found that the pattern of disproportionate discipline
persists regardless of the type of disciplinary action, level
of school poverty, or type of school attended.
On October 24, 2018, H.R. 6, the Substance Use Disorder
Prevention that Promotes Opioid Recovery and Treatment for
Patients and Communities Act or the SUPPORT for Patients and
Communities Act, became law. Committee Democrats successfully
fought for the inclusion of a new grant program to support
school districts in expanding access to evidence-based student
support services to mitigate the negative impact of childhood
trauma. This $50 million program sets an important precedent
for federal K-12 education law in its recognition of both the
impact of childhood trauma on student outcomes and the need to
improve trauma-informed services and social and emotional
learning to increase student outcomes.
On November 14, 2018, Committee Democrats joined
Representative Don S. Beyer (D-VA) and 34 additional original
Democratic cosponsors to introduce H.R. 7214, the Keeping All
Students Safe Act. The Act prohibits student seclusion and
limits the use of physical restraint on students in any school
receiving federal funds, and it authorizes a competitive grant
program to support the use of evidence-based preventative
training strategies for educators and other school personnel.
The bill sets federal minimum safety standards in schools,
requires states to monitor compliance with such standards, and
increases transparency and oversight to prevent future abuse of
students. Previous versions of the bill have been introduced
each congress since 2009, and the House passed the bill during
the 111th Congress (H.R. 4247) on March 3, 2010, by a vote of
262-153.
SCHOOL SAFETY
On February 16, 2018, Committee Democrats sent Chairwoman
Foxx a formal request to conduct hearings on school shootings
and school safety. The request was sent in the wake of the mass
shooting at Marjory Stoneman Douglas High School in Parkland,
Florida, on February 14, 2018. No response was received, and no
hearing was convened.
While awaiting a response from Chairwoman Foxx, Committee
Democrats convened a forum entitled Preventing School
Shootings: A Comprehensive Approach on March 20, 2018. The
forum focused on evidence-based solutions to school safety,
including violence prevention and improving school climate, and
the importance of maintaining student civil rights protections
for all students. Committee Democrats heard from and engaged in
dialogue with a panel of expert practitioners, educators, and a
student, including: Dr. Akil Ross, a school principal from
South Carolina; Ms. Stacey Lippel, a teacher from Parkland,
Florida; Dr. Dewey Cornell, a clinical psychologist and
researcher from the University of Virginia; Mr. Coldayne
Hayden, a student from New York, New York; Mr. Joaquin Tamayo,
a former Obama Administration official; and Dr. Dianna
Wentzell, Connecticut Commissioner of Education. Invitations to
participate in the forum were extended to Secretary DeVos and
to Committee Republicans through Chairwoman Foxx on March 13,
2018. Neither Secretary DeVos nor Committee Republicans
attended the forum.
On May 23, 2018, Committee Democrats joined Representative
Frederica S. Wilson (D-FL) and other congressional Democrats at
a Gun Violence Prevention Forum with students from Marjory
Stoneman Douglas High School, Miami Northwestern Senior High
School, and other schools around the nation. The forum focused
on the educational impact of gun violence on schools and
communities. Committee Democrats in attendance at the forum
discussed police presence in schools, evidence-based solutions
to improve school safety, and civil rights protections.
On July 19, 2018, Ranking Member Scott and House Judiciary
Committee Ranking Member Jerrold L. Nadler (D-NY) (Ranking
Member Nadler) requested that GAO examine school safety and the
impact of school safety programming. The request asked GAO to
address funding and programming, characteristics of schools
experiencing safety incidents, and discipline reform
initiatives.
In response to Secretary DeVos's testimony before the
Senate Appropriations Committee's Subcommittee on Labor-HHS-ED,
Committee Democrats sent a letter to Secretary DeVos regarding
the Federal Commission on School Safety on June 8, 2018. The
letter requested that Secretary DeVos provide a written
response to the question of whether the Commission would study
gun violence prevention. No response was received.
On August 28, 2018, Committee Democrats led a letter to
Secretary DeVos expressing strong opposition to any action by
ED to allow funds authorized under Title IV-A of ESEA, as
amended by ESSA, to be used for the purchase of firearms or
firearms training. The letter called upon Secretary DeVos to
uphold Administration precedent, and the spirit and intent of
ESEA, and issue Title IV-A subregulatory guidance to clarify
that no such purchases are allowed. The letter was signed by
173 House Democrats. On August 31, 2018, Secretary DeVos
responded, claiming statutory ambiguity and a lack of Executive
discretion to issue any such clarification, despite broad
authorizing statutory language and the issuance of similarly-
situated subregulatory guidance concerning allowable uses of
U.S. Department of Homeland Security (DHS) grant funding that
excludes firearms purchases.
In the wake of Secretary DeVos's failure to faithfully
implement Title IV-A, on September 7, 2018, Committee Democrats
sent a letter to congressional leaders and appropriators in the
House and Senate urging the adoption of language in the final
Fiscal Year 2019 Labor-HHS-ED funding measure to prohibit funds
authorized under Title IV-A of ESEA, as amended by ESSA, from
being used for the purchase of firearms or firearms training.
No such language was adopted.
On December 18, 2018, Committee Democrats responded to the
Federal Commission on School Safety's (Commission) final
report, which made policy recommendations to improve school
safety that ignored the research consensus, undermined
students' civil rights, and failed to address the role of gun
violence in school shootings. The 177-page report consisted of
three sections: (1) Prevent; (2) Protect and Mitigate; and (3)
Respond and Recover. Nearly a third of the report focused on
what to do once the shooter was in the parking lot or after the
shooting occurred. The bulk of claims made in the report lacked
peer-reviewed citations or an evidence-base. The Commission
recommended a rescission of the 2014 ED-DOJ Discipline Guidance
Package, suggesting, without substantiating evidence, that the
guidance created unsafe schools. The Commission further
suggested that use of disparate impact analysis to enforce
title VI of the Civil Rights Act is an inappropriate mechanism
to determine whether policies and practices have a
discriminatory effect. Most notably, the report indicated that,
moving forward, ED will enforce title VI of the Civil Rights
Act only when violations result from intentional discrimination
in discipline, in contravention of the statute and accompanying
regulations that remain in effect.
On December 21, 2018, the Trump Administration rescinded
the 2014 ED-DOJ Discipline Guidance Package. The decision to
rescind the guidance came after the release of the Commission's
final report suggesting, without substantiated evidence, that
the guidance contributed to unsafe schools that ultimately
resulted in school shootings. The guidance rescission follows
the Spring 2018 release of a GAO audit finding that Black
students, boys, and students with disabilities receive harsher
punishments than their classmates for similar or lesser
offenses. Ranking Member Scott released a statement to the
press decrying the rescission and noting that school districts
are still obligated to comply with title VI of the Civil Rights
Act and accompanying regulation, which expressly prohibits
policies and programs that disproportionately impact students
of color, regardless of intent.
EDUCATIONAL EQUITY AND CIVIL RIGHTS ENFORCEMENT
Committee Democrats led a Democratic Caucus effort to
oppose the Republican Majority's use of a CRA resolution of
disapproval to repeal Higher Education Act of 1965 accompanying
regulations to improve teacher preparation program quality. In
the face of strong Democratic opposition, H.J. Res. 58 passed
the House of Representatives on February 9, 2017, by a vote of
240-181. H.J. Res. 58 went on to pass the Senate by a vote of
59-40 on March 8, 2017. The measure was signed into law on
March 27, 2017, eliminating data transparency to support
student achievement and quality instruction.
In response to a public comment period from ED relating to
the Civil Rights Data Collection (CRDC), Committee Democrats
joined Senate HELP Committee Democrats to submit a comment on
February 28, 2017. The comment articulated strong support for
the CRDC and current data elements and urged Secretary DeVos to
maintain the CRDC without amendment.
Marking the anniversary of the 1954 Brown v. Board of
Education Supreme Court decision, Committee Democrats and
Judiciary Committee Democrats reintroduced H.R. 2486, the
Equity and Inclusion Enforcement Act (EIEA), on May 17, 2017.
The EIEA restores a private right of action to disparate impact
claims brought under title VI of the Civil Rights Act of 1964
(Civil Rights Act), and it requires school districts and
institutions of higher education to employ Title VI
coordinators to ensure compliance. The EIEA has 19 cosponsors.
On May 22, 2017, Committee Democrats requested that GAO
examine how students with disabilities and English learners are
included in the National Assessment of Educational Progress
(NAEP).
On May 22, 2017, Committee Democrats requested that GAO
examine how states are carrying out the ``child find''
requirements under the Individuals with Disabilities Education
Act (IDEA) and whether ED's oversight mechanisms are sufficient
to ensure eligible students are identified for services under
IDEA.
Secretary DeVos appeared before the House Labor-HHS-ED
Appropriations Subcommittee on May 24, 2017, during which she
discussed the education of children with disabilities. In
response to her comments, Committee Democrats led an oversight
letter on June 29, 2017, requesting two key assurances
regarding the legal requirements of educating students with
disabilities.
Secretary DeVos sent a response on October 5, 2017; it did
not directly respond to the assurances but did clarify that ED
expects all states receiving funds under IDEA to follow the
requirements of the law.
On August 28, 2017, Committee Democrats sent a letter to
Chairwoman Foxx requesting a hearing to examine how
institutions of higher education are meeting their
responsibilities under title VI of the Civil Rights Act. While
awaiting a response from Chairwoman Foxx, Committee Democrats,
together with Judiciary Committee Democrats, convened a forum
on September 8, 2017, entitled Affirmative Action, Inclusion,
and Racial Climate on America's Campuses. Committee Democrats
heard from and engaged with a panel of student officers,
representatives from institutions of higher education, and key
legal experts to discuss the role of title VI of the Civil
Rights Act in ensuring that students are welcomed to a safe
learning environment. The panelists included: Mr. Payton Head,
Former Student Body President, University of Missouri; Mr.
Weston Gobar, President, Black Student Alliance, University of
Virginia; Ms. Taylor Dumpson, Student President, American
University; Ms. Sherrilyn Ifill, President and Director-
Counsel, NAACP Legal Defense and Educational Fund; Mr. Richard
Cohen, President, Southern Poverty Law Center; Dr. Benjamin
Reese, Vice President of the Office for Institutional Equity,
Duke University; Dr. Theresa Sullivan, President, University of
Virginia; and Dr. Roger Worthington, Chief Diversity Officer,
University of Maryland.
On October 18, 2017, Committee Democrats requested that GAO
investigate inequities in parents' abilities to exercise their
special education due process rights based on race, ethnicity,
and socioeconomic status.
On November 13, 2017, Committee Democrats submitted a
public comment to the Notice of Proposed Priorities (NPP)
released by Secretary DeVos. The NPP outlined proposed
priorities for use in discretionary grant programs at ED.
Committee Democrats expressed serious concerns with priorities
one, two, three, and ten. The concerns focused on the promotion
of privatization of public education, efficiency above
effectiveness, low-cost and low-quality programs, and school
climate practices that lack evidence and foster a climate of
exclusion. On March 2, 2018, ED released the Final Supplemental
Priorities. The only change made was broadening language around
students to ``children or students'' to clarify several of the
priorities may be used for children within the 0-5 age range.
On April 19, 2018, Committee Democrats and other
congressional Democrats requested that GAO investigate public
schools' compliance with the Americans with Disabilities Act of
1990 (ADA). The request specifically asked GAO to investigate:
ADA compliance rate, compliance data available at the local
level, and plans in place to ensure removal of barriers
necessary to provide equal access.
To honor National Teacher Day on May 8, 2018, Committee
Democrats joined other congressional Democrats to introduce H.
Res. 876, Supporting the goal of increasing public school
teacher pay and public education funding. The resolution
affirms support for teacher pay that is comparable to other
college graduates with years in the workforce in the state in
which they are employed and increases state and federal
investment in quality instruction, classroom materials, and
student services and supports in public schools. The resolution
garnered 114 cosponsors, but no legislative action was taken.
On May 17, 2018, the Committee held a hearing titled
Protecting Privacy, Promoting Data Security: Exploring How
Schools and States Keep Data Safe. Committee Democrats, in
recognition of May 17th as the 64th anniversary of the Supreme
Court's landmark ruling in Brown v. Board of Education, and
considering the Committee Republicans' lack of oversight of the
Trump Administration's attacks on student civil rights, used
the hearing to emphasize the need for careful examination of
the Administration's actions in the area of student civil
rights. Committee Democrats invited expert testimony from Ms.
Catherine Lhamon, attorney and former Assistant Secretary for
Civil Rights at ED. Committee Democrats engaged Ms. Lhamon in
discussion on: (1) the need to combat persistent educational
inequity with strong enforcement of federal education and civil
rights law; (2) efforts to undermine key statutory protections
for underserved students in the era of President Trump and
Secretary DeVos, including process and staffing changes in ED's
Office for Civil Rights, deregulation to leave core equity
protections unenforced, and threats to existing enforcement
efforts; and (3) the lack of Committee oversight of ED
activities. Committee Democrats emphasized the timeline of
attacks on civil rights during the previous 17 months of
Secretary DeVos's tenure. At the time of this hearing, neither
Secretary DeVos nor any ED official had yet testified before
the Committee during the 115th Congress.
Also on May 17, 2018, and in honor of the 64th anniversary
of the Supreme Court's landmark ruling in Brown v. Board of
Education, Committee Democrats joined the Democratic Caucus,
Congressional Tri-Caucus, and Judiciary Committee Democrats in
introducing H. Res. 902, Expressing the sense of the House of
Representatives regarding the obligation of the Office for
Civil Rights at ED and the Civil Rights Division of the
Department of Justice to enforce title VI of the Civil Rights
Act of 1964 and its implementing regulations, and for other
purposes. The resolution reaffirms Congress' commitment to
ensuring that education systems prepare all students for
success after high school and recognizes that the Offices for
Civil Rights at ED and DOJ have an obligation to enforce title
VI of the Civil Rights Act, including implementation of title
VI regulations and particularly in light of evidence of
persistent racial discrimination in education. The resolution
also calls on the House to hold oversight hearings to ensure
enforcement of title VI of the Civil Rights Act and to consider
EIEA, to restore the Title VI right to individual civil actions
involving disparate impact.
On May 17, 2018, Committee Democrats joined Judiciary
Committee Democrats and Democratic Caucus leadership in hosting
a forum to examine current enforcement of the Civil Rights Act
in U.S. schools. The panel opened with an expert from GAO, who
discussed the release of a recent report titled Discipline
Disparities for Black Students, Boys, and Students with
Disabilities. The GAO expert explained the methodology of the
report, the findings, and how the investigation and report
answered the questions initially posed by the members.
Following the discussion with GAO, the panel continued with
expert testimony from: Mr. Todd Cox, Director of Policy at the
NAACP Legal Defense and Educational Fund; Mr. Daniel Losen,
Director of the Center for Civil Rights Remedies at the Civil
Rights Project at UCLA; and Ms. Khulia Pringle, a parent
organizer with Students for Education Reform-Minnesota. The
panelists discussed state and school district actions that
undermine civil rights protections and hinder equity of
educational opportunity. They also highlighted the need for
strong enforcement of title VI, including the importance of
disparate impact analysis in such enforcement and civil rights
laws generally.
On September 6, 2018, Representative Marcia L. Fudge (D-OH)
and other Committee Democrats introduced H.R. 6722, the
Strength in Diversity Act of 2018. In response to ED's
rescission of the diversity in higher education and elementary
and secondary education admissions guidance on July 3, 2018,
the bill recognizes the importance of improving diversity in
public schools. Through a competitive grant program, local
educational agencies or consortium of such agencies would be
awarded federal funds to implement comprehensive plans to
increase socioeconomic diversity and reduce racial isolation of
their schools.
On October 17, 2018, Committee Democrats released a GAO
report titled Public High Schools with More Students in Poverty
and Smaller Schools Provide Fewer Academic Offerings to Prepare
for College. The report found that students in relatively poor
and small schools had less access to high school courses that
would help them prepare for college.
INDIAN EDUCATION
The Federal Government has a trust responsibility to Indian
tribes. In exchange for millions of acres of tribal lands, the
Federal Government recognized tribes as distinct, independent
political communities that possess certain powers of self-
government, while also agreeing to provide for the health,
safety, and welfare of tribal nations. This relationship means
the Federal Government is required to provide benefits and
services to tribes and their members, including public
education. American Indian and Alaska Native (AI/AN) children
can receive a public education through either public schools
directly funded by the Federal Government or public schools
that receive federal assistance. Schools that receive federal
assistance are part of the state's public education system and
are operated and funded in the same manner as all other public
schools. Schools directly funded by the Federal Government
(currently 183 such schools nationwide) are under the
jurisdiction of, and receive funding from, the Bureau of Indian
Education (BIE), which is located in the U.S. Department of the
Interior (DOI).
On February 14, 2018, the ECESE Subcommittee held an
oversight hearing titled Examining the Government's Management
of Native American Schools. Mr. Tony Dearman, the Director of
BIE, was the sole witness. Committee Democrats expressed deep
concerns about the lack of a quality education afforded to
Native students, President Trump's proposal to cut BIE funding
by $144 million (16 percent), the inability of the Federal
Government to meet statutory and treaty obligations for Native
students, and the need for a comprehensive federal approach to
solve deep educational inequities.
On December 11, 2018, the House of Representatives passed
S. 943, the Johnson-O'Malley Supplemental Indian Education
Program Modernization Act, under suspension of the rules, after
it passed the Senate by unanimous consent. The House made small
changes to the Senate bill, which the Senate approved by
unanimous consent on December 19, 2018. The bill is with the
President for signature at the time of this writing. The
Johnson O'Malley program is administered by DOI and provides
funds to tribes and tribal organizations to supplement the
education of Native students. S. 943 requires DOI to annually
count the number of native students and distribute Johnson
O'Malley funds based on that count.
EDUCATIONAL RIGHTS OF IMMIGRANT CHILDREN AND CHILDREN OF IMMIGRANT
PARENTS
On April 3, 2017, Committee Democrats led other
congressional Democrats in sending a letter to U.S. Attorney
General Jefferson Beauregard Sessions III (Attorney General
Sessions), Secretary DeVos, and DHS Secretary John Francis
Kelly. The letter expressed concern regarding recent changes in
immigration enforcement policies and urged the Trump
Administration to reaffirm its commitment to upholding the
requirements of the 1982 Plyler v. Doe Supreme Court decision
that held it is unconstitutional to deny any child, including
an undocumented child, access to public education. The letter
requested that DHS issue a statement making clear that schools
are sensitive locations and students are entitled to be
educated in an environment safe from fear of immigration
enforcement actions. DHS issued a response to the letter on May
16, 2017. The response indicated only that the letter was
received and would be responded to accordingly. Committee
Democrats then received a joint ED-DOJ response on November 11,
2017, stating that effective agency guidance issued in 2014
serves as the Administration's position on the legal
obligations of local educational agencies to provide
educational services for all children, regardless of immigrant
status.
On May 22, 2018, during Secretary DeVos's only appearance
before the Committee during the 115th Congress, she made
several concerning and false statements regarding the provision
of educational services for undocumented children. Most
troubling was Secretary DeVos's statement that local
educational agencies (LEAs) have discretion to determine
whether to report the presence of parents who may be
undocumented to federal authorities for deportation, in
violation of the precedent set by Plyler v. Doe. In response,
Representative Adriano Espaillat (D-NY) led members of Congress
in sending an oversight letter on June 4, 2018, to Secretary
DeVos asking for a swift, decisive, and widely disseminated
correction to her testimony to clarify state and school
district obligations to serve all children regardless of
immigration status. Secretary DeVos issued a statement that did
not fully correct the record nor characterize her testimony as
a misstatement, and it was not widely disseminated.
CONGRESSIONAL AWARD ACT REAUTHORIZATION
On September 28, 2018, the Congressional Award Act was
reauthorized by unanimous consent when the House agreed to S.
3509, the Congressional Award Program Reauthorization Act of
2018. The Congressional Award recognizes young Americans who
achieve goals in four program areas: voluntary public service,
personal development, physical fitness, and expedition/
exploration. Participants can earn bronze, silver, and gold
certificates as well as bronze, silver, and gold medals.
Career and Technical Education
On February 28, 2017, the ECESE Subcommittee held a hearing
titled Providing More Students a Pathway to Success by
Strengthening Career and Technical Education. Committee
Democrats invited expert testimony from Ms. Mimi Lufkin, CEO of
the National Alliance for Partnerships in Equity, who discussed
the importance of equal access to quality career and technical
education (CTE) programs, program accountability, and the need
to measure student outcomes. Following the hearing, Committee
Democrats worked to enshrine the principles discussed at the
hearing in legislation and improve federal supports for CTE in
an effort to ensure that all students have access to high
quality CTE programs that prepare them with the academic and
technical skills to excel in postsecondary education and
workforce training. On May 4, 2017, Representatives Raja
Krishnamoorthi (D-IL) and Glenn W. Thompson (R-PA) introduced
H.R. 2353, the Strengthening Career and Technical Education for
the 21st Century Act, to reauthorize and make needed
improvements to modernize the Carl D. Perkins Career and
Technical Education Act. The bill was marked up by the
Committee on May 17, 2017, receiving unanimous support. The
bill passed the House on June 22, 2017, by a voice vote under
suspension of the rules. Following House passage, the Senate
amended the bill slightly, then passed H.R. 2353 unanimously on
July 23, 2018. H.R. 2353, as amended, was signed by the
President on July 31, 2018.
Higher Education
HEARINGS
The Committee held five partisan hearings on higher
education in the 115th Congress--three in the (full) Committee
and two in the Subcommittee on Higher Education and Workforce
Development (HEWD Subcommittee).
On February 7, 2017, the Committee held a hearing entitled
Challenges and Opportunities in Higher Education. Committee
Democrats invited expert testimony from Dr. Jose Luis Cruz,
President of the City University of New York, who emphasized
the need for equity by ensuring access, affordability, and
completion for all students, particularly individuals who are
underrepresented in college.
On March 21, 2017, the HEWD Subcommittee held a hearing
entitled Improving Federal Student Aid to Better Meet the Needs
of Students. Committee Democrats invited expert testimony from
Mrs. Youlonda Copeland-Morgan, Vice President for Enrollment
Management at the University of California, Los Angeles, who
highlighted the need to strengthen the Pell Grant program,
simplify student loan repayment, and invest in campus-based aid
programs.
On April 27, 2017, the Committee held a hearing entitled
Strengthening Accreditation to Better Protect Students and
Taxpayers. Committee Democrats invited expert testimony from
Mr. Ben Miller, Senior Director of Postsecondary Education at
the Center for American Progress, who stressed the importance
of strengthening the role of accreditors to better serve as
true arbiters of quality and improve responsivity of the sector
to student outcomes and institutional actions.
On May 24, 2017, the HEWD Subcommittee held a hearing
entitled Empowering Students and Families to Make Informed
Decisions on Higher Education. Committee Democrats emphasized
the need for accurate data necessary for students to make
informed decisions, institutions to make campus-wide
improvements, and policymakers to understand how students are
faring in the higher education system. Committee Democrats
invited expert testimony from Ms. Mamie Voight, Vice President
of the Institute for Higher Education Policy, who stressed the
importance of improving the availability of comprehensive
postsecondary education data to uncover and address gaps in
equity of educational opportunity.
On September 26, 2018, the Committee held a hearing
entitled Examining First Amendment Rights on Campus. Committee
Democrats invited expert testimony from Ms. Suzanne Nossel,
Chief Executive Officer of PEN America, who highlighted how the
Trump Administration's one-sided approach to free speech
protections is politicizing and undermining the practice of
free expression. Committee Democrats discussed how a partisan
defense of free speech ignores the Federal Government's
responsibility to support colleges and universities in
protecting the civil rights of an increasingly diverse student
body.
MARKUPS
On December 12, 2017, the Committee held a markup of H.R.
4508, the Promoting Real Opportunity, Success, and Prosperity
through Education Reform Act (PROSPER Act) introduced by
Chairwoman Foxx and HEWD Subcommittee Chairman Brett Guthrie
(R-KY) (Chairman Guthrie). H.R. 4508 amends the Higher
Education Act of 1965 (HEA) to reauthorize programs and make
college more expensive for low-income students, restrict access
to federal student aid for graduate students, and allow
unregulated for-profit interests to access federal dollars
without federal oversight and necessary consumer protections.
H.R. 4508 passed out of Committee by a party line vote.
Committee Democrats proffered 40 amendments to improve the
bill. Most notably, Democratic amendments would have expanded
the purchasing power of the Pell Grant and reformed the federal
student loan and campus-based aid programs to better serve
students and institutions. Additional Democratic amendments
sought to ensure fiscal and programmatic accountability for
for-profit institutions, allow for student-level data to
improve higher education outcomes and policies, and restore the
Public Service Loan Forgiveness (PSLF) program. Democrats also
offered proposals to simplify and improve the Free Application
for Federal Student Aid (FAFSA), improve competency-based
education programs, restore funding for teacher preparation
programs and prospective teachers, and invest in community
colleges, Historically Black Colleges and Universities (HBCUs),
other Minority-Serving Institutions (MSIs), foster students,
homeless students, and students with disabilities. Committee
Republicans rejected 38 of the 40 Democratic amendments that
were considered.
LEGISLATION
On February 16, 2017, Representative Alma S. Adams (D-NC)
introduced H.R. 1123, the HBCU Capital Financing Improvement
Act. This bill improves HBCU access to low-cost private loans
for capital needs such as infrastructure repairs, maintenance,
and construction by authorizing institutional financial
counseling and replacing statutory references to ``escrow
account'' with ``bond insurance fund.'' The bill also revises
reporting requirements.
In May 2017, Committee Democrats launched a legislative
campaign entitled Aim Higher, focused on improving access,
affordability, and completion in higher education. Throughout
the first session of the 115th Congress, Committee Democrats
introduced 12 measures to amend discrete portions of HEA as
part of the legislative campaign. There were no Committee
hearings to examine Committee Democrats' proposals to improve
college access, affordability, and completion.
On May 16, 2017, HEWD Subcommittee Ranking Member Susan A.
Davis (D-CA) (Ranking Member Davis) and other Committee
Democrats introduced H.R. 2451, the Pell Grant Preservation and
Expansion Act. This bill strengthens and modernizes the Pell
Grant program, the cornerstone of Federal Student Aid for low-
income students. The bill increases the maximum Pell Grant
award by $500 to give students more money to pay for college,
extends Pell eligibility to 14 semesters, and permanently
indexes the Pell award to inflation to maintain the purchasing
power of the grant. In addition, to ensure program stability,
it makes the majority of Pell Grant funding mandatory. The bill
also allows students to exhaust full Pell eligibility on
graduate studies following completion of a bachelor's degree
and allows quality short-term programs to access Pell in order
to strengthen the workforce.
On May 17, 2017, Representative Joe Courtney (D-CT) and
other Committee Democrats introduced H.R. 2477, the Bank on
Students Emergency Loan Refinancing Act. This bill allows
borrowers to take advantage of lower interest rates by creating
a refinance program through which borrowers can refinance their
old debt at the same rates offered to new borrowers. Under the
bill, borrowers with federal and private student loans are
permitted to refinance using this program.
On June 8, 2017, Representative Espaillat and other
Committee Democrats introduced H.R. 2845, the Jumpstart on
College Act. This bill creates a matching grant program for
institutions to establish partnerships with K-12 school
districts to support the development of dual enrollment and
early college high schools. The bill also provides states with
funding to increase student access to early credit pathways,
including dual enrollment, early college high schools, and
Advanced Placement and International Baccalaureate programs.
The bill authorizes Congress to appropriate $250 million to
support the expansion of dual enrollment programs in the first
year.
On June 8, 2017, Representative Jared S. Polis (D-CO) and
other Committee Democrats introduced H.R. 2859, the Advancing
Competency-Based Education Act of 2017. This bill establishes a
demonstration project that allows participating competency-
based education (CBE) programs to request flexibility from some
current statutory and regulatory requirements seen as barriers
to implementation. The bill also requires annual, transparent
evaluations of participating programs that allow policymakers
to examine program quality and requires an institution's
accrediting agency to set standards specific to CBE.
On June 20, 2017, Representative Donald W. Norcross (D-NJ)
and other Committee Democrats introduced H.R. 2961, the
Remedial Education Improvement Act. This bill provides grants
to institutions of higher education to implement evidence-based
remedial education reform strategies that better serve students
and reduce dropout rates. It also requires evaluation of
program effectiveness in order to determine the best systems of
support that lead to college degree completion.
On June 20, 2017, Committee Democrats joined Democratic
members of the New York congressional delegation and
Representative Grace Meng (D-NY) in introducing H.R. 2960, the
Community College Student Success Act. This bill provides
funding to public two-year colleges across the country, with
priority given to under-resourced institutions with high
percentages of low-income and minority students. Funding would
help institutions develop and implement evidence-based programs
that boost degree completion through academic and financial
advising and other student supports. Programs would be
monitored and required to measure academic progress toward
clearly articulated program goals while simultaneously provided
with flexibility to meet the unique needs of students, such as
providing financial assistance to alleviate the cost of
textbooks, living expenses, childcare, or other distinct
supports that might assist with degree completion.
On July 12, 2017, Representative Mark J. DeSaulnier (D-CA)
and other Committee Democrats introduced H.R. 3199, the
Improving Access to Higher Education Act of 2017. This bill
includes grants to train faculty to deliver accessible,
inclusive instruction for students with disabilities;
establishes an office of accessibility in every institution to
facilitate access; provides grants to expand and implement
universal design for learning campus-wide; increases access to
accessible instructional materials and technologies; expands
opportunities for students with intellectual disabilities; and
improves data collection efforts to gain a better understanding
of the success of students with disabilities in higher
education.
On September 7, 2017, Committee Democrats introduced H.R.
3709, the America's College Promise Act of 2017. This bill
provides states with grant aid to leverage reforms and rewards
states that make tuition at state colleges and universities
more affordable. In return, states must promise to maintain
their investment in higher education, including their
investment in state four-year institutions, and make an
associate's degree at the state's public two-year colleges free
for every student. The bill also provides grant aid directly to
low-income students who transfer from a community college to a
Minority-Serving Institution (MSI) for the remainder of their
degree.
On September 12, 2017, Committee Democrats joined
Representative Katherine M. Clark (D-MA) in introducing H.R.
3740, the Higher Education Access and Success for Homeless and
Foster Youth Act. This bill authorizes a new grant program at
$150 million per year to help states, tribes, and territories
establish or expand initiatives that help foster and homeless
youth successfully transition to college, including wrap-around
services for these students. The grant program also requires
states to award funding to institutions to improve financial
aid for homeless and foster youth.
On September 12, 2017, Committee Democrats joined Ranking
Member Danny Davis in introducing H.R. 3742, the Fostering
Success in Higher Education Act of 2017. This bill improves
outreach, resources, and policies for foster and homeless
youth. It requires institutions to provide housing options
between terms, designate a single point of contact to assist
foster and homeless youth, and work with ED, when necessary, to
streamline the financial aid process. The bill also encourages
states to grant in-state tuition rates for foster and homeless
students who have not had stable residency.
On November 16, 2017, Representatives Lisa Blunt Rochester
(D-DE) and Gregorio Kilili Camacho Sablan (D-MP), along with
Committee Democrats, introduced H.R. 4416, the Simple FAFSA Act
of 2017. This bill reduces the number of questions on the FAFSA
by placing the applicant into one of three pathways based on
the complexity of a student's finances. Those with the lowest
income and who received a means-tested Federal benefit in the
previous two years would automatically receive a full Pell
Grant without having to answer additional questions. The bill
also requires dependent Pell Grant students to file the FAFSA
only one time. The legislation also increases support for
working students and provides the FAFSA in multiple languages,
among other improvements.
On November 30, 2017, Representative David E. Price (D-NC)
and Ranking Member Davis introduced H.R. 4491, the Advancing
International and Foreign Language Education Act. This bill
increases the authorization levels for HEA title VI programs
that support students in obtaining expertise in language,
cultural, and regional education from $65 million to $125
million. Further, it extends the authorization period of six
currently funded programs that assist undergraduates, post
baccalaureate students, and professionals in area study and
language mastery. It also modernizes five other programs by
consolidating them into two new programs that address the 21st
century needs of educational opportunities that promote
language, cultural, business, and other professional
competencies for students, teachers, and employers. Finally, it
codifies a grant process that allows the Secretary of Education
to give priority to qualified MSIs or institutions that propose
significant and sustained collaboration with a MSI.
Legislative efforts of Committee Democrats to improve HEA
during the first session of the 115th Congress, including bills
introduced as part of the Aim Higher legislative campaign and
amendments offered during the markup of H.R. 4508, culminated
in the July 26, 2018, introduction of H.R. 6543, the Aim Higher
Act. With the Aim Higher Act, Committee Democrats introduced a
comprehensive reauthorization of HEA designed to give every
student the opportunity to earn a debt-free degree or
credential that leads to a rewarding career. The bill makes
higher education more accessible by: creating targeted programs
that allow traditionally underrepresented students to enroll in
and complete college; strengthening existing access to programs
and supports for under-resourced institutions including
community colleges, HBCUs, and other MSIs; simplifying the
financial aid application; and supporting institutions to
improve program quality. The Aim Higher Act also makes college
more affordable today through increased grant and institutional
aid, and it addresses the rising cost of college to reduce the
burden on students in the future. Recognizing that the best
measure of success is completing college, the bill invests in
programs and services--such as career counseling and campus-
based child care--that help students graduate and puts them on
a path to success.
On September 5, 2018, the House passed H.R. 1635, the
Empowering Students Through Enhanced Financial Counseling Act,
a bipartisan bill introduced by Chairman Guthrie and
Representative Suzanne M. Bonamici (D-OR). The bill makes key
improvements to the timing and content of counseling that all
federal student loan borrowers must receive. These changes
include ensuring students receive information about their
borrowing options and obligations every year, requiring
consumer testing of ED's online loan counseling tool, and
explicitly advising students to exhaust their federal student
loan eligibility prior to considering riskier private loans.
The legislation is identical to legislation that was passed
during the 113th and 114th Congresses, and it passed the House
in the 115th Congress by a vote of 406-4 on September 5, 2018.
Committee Democrats successfully secured new higher
education-related authorizing language and funding through the
annual appropriations process in H.R. 1625, the Consolidated
Appropriations Act, 2018 and H.R. 6157, the Department of
Defense and Labor, Health and Human Services, and Education
Appropriations Act, 2019, and Continuing Appropriations Act,
2019. Notably, Committee Democrats championed the following
provisions: (1) in Fiscal Year 2018 and Fiscal Year 2019, the
requirement that Secretary DeVos modify the existing HBCU
Capital Financing loans for private HBCUs in financial
distress, and commensurate funding; (2) in Fiscal Year 2018 and
Fiscal Year 2019, funding for the Temporary Expanded Public
Service Loan Forgiveness (TEPSLF) program (first created in
Fiscal Year 2018) for borrowers erroneously denied PSLF
eligibility; (3) in Fiscal Year 2019, the requirement that the
Federal Student Aid (FSA) office at ED hold subcontractors
accountable for better supporting student loan borrowers in
distress; and (4) in Fiscal Year 2018 and Fiscal Year 2019, the
creation of an Open Textbook Pilot program to support
institutions of higher education expand access to lower the
cost of attending college.
OVERSIGHT--LETTERS
Throughout the 115th Congress, Committee Democrats
submitted 29 oversight letters to ED on higher education-
related issues of importance to students and taxpayers.
On March 7, 2017, Representative Bonamici led a bipartisan
letter to Secretary DeVos and U.S. Secretary of the Treasury
Steven Terner Mnuchin, urging them to implement a multi-year
consent system to allow the sharing of tax data over multiple
years to automatically recertify student loan borrowers' income
information for income-driven repayment plans. No response was
received. Although ED has begun conversations with the U.S.
Department of the Treasury (Treasury), borrowers are still
unable to consent to multi-year tax sharing.
In March 2017, ED announced that the Internal Revenue
Service's Data Retrieval Tool (IRS DRT) used by students and
families to complete the FAFSA would be unavailable. Ranking
Member Scott sent four bipartisan letters to ED and the IRS to
request briefings and additional information about the cause
and scope of the outage (three letters sent on March 16, 2017)
and to urge ED's immediate action to alleviate problems for
students impacted by the outage of the tool (letter sent on
March 24, 2017). The first letter was sent to Secretary DeVos
on March 16, 2017, with Chairwoman Foxx and Senators Alexander
and Murray. The second and third letters were sent on March 16,
2017, to Secretary DeVos and IRS Commissioner John Koskinen,
respectively, with Chairwoman Foxx, House Committee on
Oversight and Government Reform Chairman Jason Chaffetz (R-UT)
and Ranking Member Elijah E. Cummings (D-MD) (Ranking Member
Cummings), and other Members of Congress. The fourth letter was
sent to Secretary DeVos on March 24, 2017, with Chairwoman
Foxx, Senators Alexander and Murray, and other members of
Congress. Mr. James Runcie, then-Chief Operating Officer at the
FSA office, responded to these bipartisan requests and provided
a bipartisan briefing to Committee staff. FSA also followed the
recommended action steps.
On April 24, 2017, Ranking Member Davis and Representative
Raul M. Grijalva (D-AZ) led a letter to Secretary DeVos, signed
by 75 members of Congress, urging review of the PSLF employment
certification process and providing specific recommendations to
improve ED's transparency in its operation and implementation
of the PSLF program. A response from Mr. James Manning, Acting
Under Secretary of Education, was received on August 2, 2017,
outlining the process for certifying employment for purposes of
PSLF and defending the amount of information available to
borrowers.
On April 26, 2017, Committee Democrats, along with Senate
HELP Committee Democrats, led a letter to Secretary DeVos
signed by more than 130 members of Congress to urge reversal of
ED's decision to rescind Obama Administration policy directives
to establish uniform loan servicing standards to improve the
quality of federal student loan servicing, yielding better
outcomes for both borrowers and the Federal Government. The
letter also requested information explaining how, upon
rescission of the directives, ED plans to procure a new
contract for federal student loan servicing. No response was
received.
On May 2, 2017, Representatives Espaillat and
Krishnamoorthi joined a group of 30 bipartisan members of
Congress in a letter to Secretary DeVos requesting
reconsideration of the denied Upward Bound TRIO applications
based on technical issues. On June 8, 2017, Ms. Kathleen Smith,
then-Acting Assistant Secretary for Postsecondary Education,
responded that, due to the funding and flexibility provided in
the Fiscal Year 2017 Omnibus spending bill, Secretary DeVos
would read and score applications that had originally been
deemed ineligible due to technical formatting.
On June 12, 2017, Committee Democrats and Senate HELP
Committee Democrats led a letter to Secretary DeVos with more
than 150 members of Congress highlighting concerns with ED's
decision to make changes to the student loan servicing contract
procurement process to remove key student loan borrower
protections. The letter also cited concerns with Secretary
DeVos's decision to award all $880 million in annual federal
student loan servicing contract funding to a single company, a
move that could create an unresponsive and ``too big to fail''
federal student loan system and negatively impact both
borrowers and taxpayers. A response was received from Mr.
Manning, dated October 26, 2017, stating that the new servicing
solicitation would allow for the same outcomes that the
rescinded Obama Administration policy directives had
established. However, no evidence was provided, and ED has yet
to create the new processing and servicing environment, leaving
the current servicers without uniform standards. Further, Mr.
Manning's response did not address concerns related to having
one single contract servicer.
On July 13, 2017, Representative Bonamici and Senator
Kamala Devi Harris (D-CA) (Senator Harris) led a letter to
Secretary DeVos outlining concerns with ED's breakdown in the
contracting process with private collection agencies and
requesting information on how ED is assisting borrowers in
default. No response was received.
On June 29, 2017, Ranking Member Scott and Senator Murray
led a letter to Secretary DeVos opposing a delay to the
borrower defense (BD) rule and specifying legal concerns with
the justifications for the rule used by ED. No response was
received. On September 12, 2018, U.S. District Court Judge
Randolph D. Moss, of the U.S. District Court for the District
of Columbia, ruled that Secretary DeVos had illegally delayed
the rule.
On July 26, 2017, Ranking Member DeLauro, Committee
Democrats, and Senate HELP Committee Democrats sent a letter to
Secretary DeVos urging ED to reverse its decision to delay
implementation of the Gainful Employment (GE) requirements for
the disclosure of potential employment information to
prospective students by career education programs and for-
profit institutions. The letter also reminded ED of its
obligation to implement and enforce current regulations while
any new rulemaking process takes place. An insufficient
response was received from Mr. Manning, dated October 16, 2017,
stating that ED intends to re-regulate GE, but it did not
address the concerns outlined in the letter.
On August 1, 2017, Ranking Member Scott and Representative
David Young (R-IA) sent a letter to Secretary DeVos expressing
concern with ED's move to contract one single loan servicer and
reduce the servicing standards required under the contract. No
response was received.
On August 18, 2017, Committee Democrats joined Judiciary
Committee Democrats in sending a letter to Secretary DeVos and
Attorney General Sessions to request information about how ED
and DOJ intend to approach cases and matters involving systemic
civil rights abuses and racial diversity in college and
university admissions. A response was received on October 24,
2017, from Mr. Antonio Guzman, Human Resources Officer and
Security Program Manager in the Civil Rights Division at DOJ.
The response stated that media reports on the posting for a
detail opportunity in the Civil Rights Division at DOJ were
inaccurate. A response was not received from ED.
On September 14, 2017, Committee Democrats joined House
Financial Services Committee Democrats to lead a letter to
Secretary DeVos following ED's revocation of two agreements
with the Consumer Financial Protection Bureau (CFPB) to share
information about borrowers mistreated by student loan
servicing companies. The letter outlined inaccuracies in ED's
letter to CFPB announcing the termination of the agreements and
requested documentation relating to the decision. A response
was received from Mr. Manning, dated November 13, 2017,
inaccurately stating CFPB's authority over federal student loan
oversight.
On November 14, 2017, Committee Democrats and Senate HELP
Committee Democrats led a letter to Secretary DeVos to express
concerns regarding reports of ED's intent to limit the amount
of student loan debt relief awarded to defrauded students and
to request additional information on ED's proposal. No response
was received.
On February 5, 2018, Ranking Member Scott, Ranking Member
Davis, and Representative Bonamici, along with Senators Murray,
Harris, and Elizabeth A. Warren (D-MA) (Senator Warren), sent a
letter to ED's Inspector General Kathleen Tighe requesting a
review of ED's contracts with private collection agencies to
determine if there is any current or potential waste or misuse
of taxpayer dollars. Additionally, the letter requested a
review of the implementation status of corrective actions
previously released by ED's Office of the Inspector General
(ED-OIG). Staff of the signees had a subsequent call with the
ED-OIG to provide more guidance on the request under
consideration. The request remains pending.
On May 8, 2018, Representative Adams and Ranking Member
Scott, along with Representative Ted P. Budd (R-NC), sent a
letter to Secretary DeVos urging deferment of and modifications
to HBCU capital financing loans that meet the eligibility
criteria established by Congress in the Consolidated
Appropriations Act, 2018. Additionally, the letter asked ED to
recognize unique situations that may arise in deferring or
modifying the loans and recommended deferment and modification
terms to avoid negative consequences for the institutions. A
response was received from Ms. Diane Auer Jones, Principal
Deputy Under Secretary, dated September 10, 2018, confirming
that ED would implement the recommendations.
On May 17, 2018, Representatives Mark A. Takano (D-CA) and
Bonamici, along with other Committee Democrats, sent a letter
to ED's General Counsel Edward Muniz, requesting information on
the ethics and standards of conduct within the FSA Office. A
response was received from Ms. Marcella Goodridge-Keiller,
Assistant General Counsel and Designated Agency Ethics
Official, dated July 10, 2018, stating that she was unable to
conclude whether the involvement of specific individuals
mentioned in the letter would constitute a violation of
statutory or regulatory provisions related to impartiality.
On July 30, 2018, Ranking Member Davis, along with Chairman
Guthrie, led a bipartisan letter to Secretary DeVos seeking
clarification and information on the proposed Payment Card
Program Pilot that would disburse financial aid for non-tuition
expenses through a payment card. The letter expressed concern
with student data privacy, pilot evaluation, and the goals of
the pilot based on remarks made by ED officials. The letter
also requested information prior to the release of any pilot
solicitation. No response was received.
On October 16, 2018, Committee Democrats, along with Senate
HELP Committee Democrats, led a letter with more than 150
signatories seeking additional information about the
implementation of the PSLF program, a copy of ED's corrective
action plan and a timeline for implementing those actions, and
further details on ED's plan to use appropriated outreach funds
to reach all Direct Loan borrowers about PSLF. No response was
received.
On October 17, 2018, Representative Bonamici and Committee
Democrats, along with Senators Murray and Warren, led a letter
to Secretary DeVos requesting the full set of documents used as
the basis for ED's staff recommendation to restore the federal
recognition of the Accrediting Council for Independent Colleges
and Schools (ACICS). This request came after new information
indicated that the Senior Designated Official, Ms. Auer Jones,
significantly misrepresented the endorsements of multiple
accrediting agencies. No response was received.
On October 29, 2018, Ranking Member Scott, House Committee
on Financial Services Ranking Member Maxine Waters (D-CA),
House Committee on Veterans' Affairs Ranking Member Tim J. Walz
(D-MN), and Representative Takano sent a letter to Secretary
DeVos expressing concern and requesting additional information
regarding changes to ED's College Scorecard. No response was
received.
On October 31, 2018, Ranking Member Scott and Senator
Murray sent a letter to Secretary DeVos outlining concerns with
negotiated rulemaking that sought to modify regulations and
student protections in the FSA programs. The letter outlined
five major concerns with the negotiated rulemaking process,
including that it is lacking in transparency, prohibitive of
diverse viewpoints, and void of public participation. No
response was received.
On December 10, 2018, Representative Takano and Senator
Dick Durbin (D-IL) led a letter to Secretary DeVos urging ED to
publish the amount and percentage of revenue received by for-
profit colleges from all federal educational programs instead
of only accounting for HEA title IV dollars. No response was
received.
On December 11, 2018, Representative Bonamici and Senator
Warren led a letter to Secretary DeVos urging ED to rescind the
decision to reinstate the Accrediting Council of Independent
Colleges and Schools (ACICS) as an accrediting body. The letter
provided new evidence that ED has consistently misstated the
acceptance of ACICS by other accreditors and calls into
question the legitimacy of the decision. No response was
received.
On December 17, 2018, Ranking Member Scott and Senator
Murray sent a letter to Ms. Sandra Bruce, Acting Inspector
General at ED, requesting an audit of Secretary DeVos's
decision to grant re-recognition of the Accrediting Council of
Independent Colleges (ACICS). This decision was made only two
weeks before the Education Corporation for America (ECA), a
school accredited by ACICS, abruptly closed leaving
approximately 20,000 students scrambling to determine next
steps. ED-OIG announced its intent to complete the audit, as
requested, on December 18, 2018.
On December 21, 2018, Representative Bonamici, Ranking
Member Cummings, and Senator Warren sent a letter to the
Accrediting Council for Independent Colleges and Schools
(ACICS) requesting information on its decision to accredit the
recently collapsed for-profit company, Education Corporation of
America. The letter provided a timeline of various events that
should have triggered action from ACICS years ago. No response
was received.
On December 21, 2018, Representative Bonamici, Ranking
Member Cummings, and Senator Warren sent a letter to the
President and Receiver of the Education Corporation of America
to obtain information regarding its abrupt closure. The letter
included 13 questions to the company in an attempt to better
understand the company's actions to warn students and
regulators about its financial standing. No response was
received.
OVERSIGHT--PUBLIC COMMENTS
Throughout the 115th Congress, Committee Democrats
submitted a number of public comments in response to Executive
branch administrative and regulatory proposals to weaken HEA
student and taxpayer protections.
On November 13, 2017, Committee Democrats submitted a
public comment to the NPP released by Secretary DeVos proposing
priorities for use in discretionary grant programs at ED. The
comment expressed serious concerns with Secretary DeVos's
proposals to prioritize efficiency above efficacy and send
federal resources to low-quality and for-profit programs. On
March 2, 2018, ED released the Final Supplemental Priorities.
No changes were made to accommodate the concerns articulated by
Committee Democrats.
On March 1, 2018, Ranking Member Scott and Ranking Member
Davis sent a comment letter to the Chairman of the National
Advisory Committee on Institutional Quality opposing any effort
to recognize the Accrediting Council for Independent Colleges
and Schools (ACICS) and outlining specific concerns.
On April 5, 2018, Ranking Member Scott, Representatives
Nydia M. Velazquez (D-NY) and Jose E. Serrano (D-NY), Senator
Kirsten E. Gillibrand (D-NY), and other members of Congress
sent a comment letter to Secretary DeVos outlining concerns
with ED's proposed process for institutions to access disaster
relief funds appropriated by Congress in the Bipartisan Budget
Act of 2018.
On June 11, 2018, Committee Democrats submitted a comment
letter opposing ED's proposed two-year delay of the Program
Integrity and Improvement regulations governing state
authorization and other rules. The comment outlined the
significant, negative implications the delay would have on
students.
On July 16, 2018, Ranking Member Scott, Ranking Member
DeLauro, and Senator Murray submitted a comment letter
reiterating objections to ED's continued actions to suspend
full implementation of the GE rule, specifically the student
disclosures.
On August 30, 2018, Committee Democrats submitted a comment
letter to express strong opposition to ED's proposed revisions
to the Borrower Defense to Repayment rule. The letter explained
seven major concerns with the proposed rule that would severely
limit eligibility of defrauded borrowers to seek and ultimately
receive relief and called on ED to abandon its proposal.
In September 2018, individual Committee Democrats submitted
comment letters opposing ED's proposed repeal of the GE rule.
This important consumer protection rule established the
standard for compliance with and enforcement of the HEA
requirement that career programs and for-profit institutions
result in ``gainful employment,'' cutting off federal aid to
programs that produce graduates with unaffordable debt relative
to earnings. The letter outlined the various unsubstantiated
claims in the NPRM and urged ED to abandon the proposed
rescission and restore the rule.
On September 14, 2018, Committee Democrats and Senate HELP
Committee Democrats, along with more than 90 other Democratic
members of Congress, submitted a comment letter expressing
concerns with ED's intent to regulate and reregulate provisions
of HEA through a negotiated rulemaking committee.
On December 26, 2018, Representative Takano submitted a
public comment to RTI International recommending improvements
to the Integrated Postsecondary Education Data System (IPEDS)
Finance Survey. Specifically, the letter urged RTI
International to require institutions to report spending on
``marketing and recruitment'' separately from services that
directly support student completion.
OVERSIGHT--REQUESTS FOR GAO INVESTIGATIONS
Throughout the 115th Congress, Committee Democrats
requested GAO investigations of ED's administration of the PSLF
program and the TEPSLF program, HBCU Capital Financing Program,
student loan servicing, and cohort default rate.
Upon the request of Ranking Member Scott and Ranking Member
Davis, GAO assessed ED's management of the PSLF program. In a
report entitled Public Service Loan Forgiveness: Education
Needs to Provide Better Information for the Loan Servicer and
Borrowers, released on September 27, 2018, GAO announced that
more than 28,000 borrowers have applied for forgiveness but
less than one percent have been approved. The report cites
serious failures in implementation and faults ED for creating
mass uncertainty and confusion for borrowers. Following this
report, Committee Democrats requested a staff briefing from ED
to learn about ED's plans to implement GAO's recommendations.
Additionally, on October 25, 2018, Ranking Member Scott and
Ranking Member Davis submitted a follow-up investigation
request focused on the administration of TEPSLF.
Upon the request of Ranking Member Scott, Representative
G.K. Butterfield, Jr. (D-NC), Senator Murray, and Senator
Robert P. Casey (D-PA) (Senator Casey), GAO examined the
capital project needs at HBCUs and assessed the participation
of HBCUs in ED's HBCU Capital Financing Program. In a report
entitled Historically Black Colleges and Universities: Action
Needed to Improve Participation in Education's HBCU Capital
Financing Program, released on July 26, 2018, GAO stated that,
on average, 46 percent of building space at HBCUs is in need of
repair or replacement. GAO also found that despite this need,
fewer than half of HBCUs have used the HBCU Capital Financing
program, which was specifically designed to help HBCUs address
capital project needs.
Upon the request of Ranking Member Scott and
Representatives Sanford D. Bishop (D-GA) and Emanuel Cleaver
(D-MO), GAO reviewed ED's efforts to implement prior GAO
recommendations for improving oversight of federal student loan
servicers. In its July 27, 2018, audit entitled Federal Student
Loans: Further Actions Needed to Implement Recommendations on
Oversight of Loan Servicers, GAO found that ED has only
implemented two out of six recommendations made in 2015.
Upon the request of Representative Takano and Ranking
Member DeLauro, GAO examined how institutions of higher
education work with borrowers to manage cohort default rates
and evaluate ED's oversight of the strategies used by
institutions and the default management consultants hired by
the institutions. In a report entitled Federal Student Loans:
Actions Needed to Improve Oversight of Schools' Default Rates,
released on April 26, 2018, GAO found that the default
management companies were lying or providing incomplete
information to borrowers about repayment options. GAO also
found that 68 percent of borrowers who began repaying their
loans had loans in forbearance at some point during the first
three years.
Community Supports
JUVENILE JUSTICE
On February 15, 2017, the ECESE Subcommittee held a hearing
entitled Providing Vulnerable Youth the Hope of a Brighter
Future Through Juvenile Justice Reform. The witnesses--
including a juvenile court judge, chief of police, state
juvenile justice coordinator, and juvenile service provider--
all stressed the pressing need to reauthorize the Juvenile
Justice and Delinquency Prevention Act of 1974 (JJDPA). The law
was last fully authorized in 2002, and its authorizations of
appropriations expired in 2007.
On March 30, 2017, Representative Jason M. Lewis (R-MN),
introduced H.R. 1809, the Juvenile Justice Reform Act of 2017,
with Chairwoman Foxx, Ranking Member Scott, Ranking Member
Davis, and Representatives Frederica Wilson and Todd E. Rokita
(R-IN) as original co-sponsors. The bill codified best
practices that have emerged in various states over the past 15
years including: the use of evidence-based practices; the
unique needs of girls in the juvenile justice system; the
implementation of trauma-informed care; the preference for
cost-effective alternatives to incarceration that do not harm
public safety; and the efforts to end the ``School to Prison''
pipeline by aligning school discipline policies and juvenile
justice systems. The bill was marked up by the Committee on
April 4, 2017, and was ordered to be reported favorably to the
House. H.R. 1809 was considered on the House floor under
suspension of the rules on May 23, 2017, and it passed the
House by voice vote. A JJDPA reauthorization bill also passed
the House in the 114th Congress (H.R. 5963).
Instead of taking up H.R. 1809, the Senate acted on S. 860,
the Juvenile Justice and Delinquency Prevention Reauthorization
Act of 2017, authored by Senator Chuck Grassley (R-IA). S. 860
passed the Senate on August 1, 2017. While the House and Senate
bills were remarkably similar, there was no clear procedural
path to reconcile either bill to the satisfaction of both
chambers.
In hopes of advancing compromise language through the
legislative process, Representative Jason Lewis introduced H.R.
6964, the Juvenile Justice Reform Act of 2018 in the House on
September 28, 2018. This bill contains compromise language that
reflects the priorities of the majority and minority caucuses
of each chamber. Like H.R. 1809, the bill helps ensure the
continuity of young people's education while incarcerated,
provides clear direction to states and localities to reduce
racial and ethnic disparities among incarcerated youth, and
provides resources for communities to plan and implement
evidence-based prevention and intervention programs
specifically designed to reduce juvenile delinquency and gang
involvement. With bipartisan support, it was introduced,
discharged from committee consideration, and passed on the
House floor without objection, all on the same day.
The Senate, however, insisted upon modification of the
bill. Three months later, on December 11, 2018, H.R. 6964, with
amendments, passed the Senate by unanimous consent. Required to
consider the bill yet again due to Senate amendment, the House
received H.R. 6964, as amended by the Senate, and passed it by
unanimous consent on December 13, 2018. The bill was signed
into law on December 21, 2018.
UNACCOMPANIED MINORS IN FEDERAL CUSTODY
Following the increase in detained unaccompanied minors
resulting from the Trump Administration's immigration
enforcement actions, including forced family separation,
Committee Democrats wrote to the Secretaries of Health and
Human Services, Education, Homeland Security, and Justice on
June 28, 2018, seeking information on the oversight mechanisms
and processes to ensure the provision of educational, health,
and other services to unaccompanied minors in federal custody,
as required by federal law, Supreme Court precedent, and the
1997 settlement agreement in Flores v. Sessions. In particular,
the letter questioned the agencies regarding oversight at
tender-age facilities, provision of trauma and health services,
safety of unaccompanied minors at care provider facilities,
provision of educational services to unaccompanied minors,
services provided to unaccompanied minors with disabilities,
and family reunification. No substantive responses were
received from the relevant agencies as of the writing of this
report.
Also, on June 28, 2018, Committee Democrats sent a letter
to Chairwoman Foxx requesting a hearing regarding the roles and
responsibilities of HHS' Office of Refugee Resettlement (ORR)
with regard to the custody of thousands of unaccompanied
minors. No response was received, and no hearing was convened.
On June 29, 2018, Ranking Member Scott joined Ranking
Members Pallone and Nadler in sending a letter to the
Inspectors General of DOJ, DHS, and HHS requesting an
investigation into the Trump Administration's ``zero
tolerance'' immigration policy and forced family separation at
the border. The HHS Inspector General (HHS-IG) responded on
July 16, 2018, reiterating an announcement of HHS' work
reviewing ORR grantee facilities. The HHS-IG provided a
commitment to update staff of the ongoing investigation.
DISASTER RELIEF
The 2017 hurricane season saw multiple storms make landfall
in the United States, impacting students, families, and
schools. On August 26, 2017, Hurricane Harvey made landfall in
Texas as a category four storm causing unprecedented flooding.
Hurricane Irma made landfall in the U.S. Virgin Islands as a
category five storm on September 8, 2017, before landing in
Florida as a category three storm. On September 20, 2017,
Hurricane Maria made landfall in the U.S. Virgin Islands and
Puerto Rico as a category five hurricane that killed an
estimated 2,980 people. Both Territories lost power and
students were unable to return to school for months. Congress
provided disaster relief for areas impacted by hurricanes in
2017 through three supplemental appropriations bills in October
2017, December 2017, and February 2018. Puerto Rico received
$589 million and the U.S. Virgin Islands received $13.1 million
to restart school operations.
On October 16, 2017, Committee Democrats led a letter to
Secretary DeVos signed by 56 members of Congress requesting
that ED provide temporary administrative reprieve to students
in the Territories who hold federal student loans. ED responded
to the letter on January 23, 2018, outlining that it had
provided guidance to affected students and had provided direct
loan borrowers in the Territories a total of six months of
administrative forbearance, however it declined to allow that
forbearance to be interest-free as requested by Committee
Democrats.
On November 9, 2017, in recognition of the gravity of
destruction in the Territories that hindered the ability to
restart school operations and insufficient federal response in
the immediate aftermath of the storms, Committee Democrats
wrote Chairwoman Foxx to request a hearing on the state of
education in the affected territories and needed recovery
operations. No response was received, and no hearing was
convened.
Seven weeks after the February 2018 supplemental
appropriation, ED established an emergency review of published
documents that would have required institutions of higher
education (IHEs) to complete multiple applications to receive
institutional aid to restart operations. ED initially opened a
48-hour comment period on those documents. Committee Democrats
expressed concern with the truncated timeframe and ED extended
the deadline for comment by an additional week. Committee
Democrats then led a comment letter, signed by 47 members of
Congress, on April 5, 2018, that expressed concerns with ED's
proposed process, including: the lack of a congressional
directive to require multiple applications for aid, which was
not required of schools in prior disasters; the lack of forms
in Spanish; the lack of recognition that the process may be
hard to navigate in areas still recovering from the disaster;
and the stringent criteria proposed to allocate funding, which
could require information about insurance and federal recovery
estimates that IHEs in these territories may not yet have.
On September 20, 2018, the one-year anniversary of
Hurricane Maria, Committee Democrats wrote Chairwoman Foxx
again to request a hearing on the state of education in the
Territories. No response was received, and no hearing was
convened. On September 27, 2018, Committee Democrats and other
congressional Democrats held a member forum to evaluate the
progress the Territories had made toward restarting school
operations. As of that date, ED confirmed that neither
Territory had begun to draw down their allocated funding for
developmental educational disaster recovery.
CHILD SAFETY
The Missing Children's Assistance Act authorizes the
National Center for Missing and Exploited Children (NCMEC), a
public-private partnership that helps prevent, find, and
reunite children and youth affected by child victimization,
most often child sex trafficking. Committee Democrats, together
with Committee Republicans, drafted legislation to both
reauthorize and make improvements to the Missing Children's
Assistance Act to better support NCMEC in its efforts. H.R.
1808, the Improving Support for Missing and Exploited Children
Act of 2017, introduced by Representative Courtney and Chairman
Guthrie, received 19 cosponsors and passed the House by a voice
vote under suspension of the rules on May 23, 2017. The bill's
provisions were included in S. 3354, the Missing Children's
Assistance Act of 2018, which passed both the Senate and House
by unanimous consent on September 28, 2018. S. 3354 was signed
by the President on October 11, 2018.
FAMILY WELL-BEING
The Family Violence Prevention and Services Act (FVPSA) is
the Federal Government's main effort to assist victims of
domestic violence and their children in accessing emergency
shelter and related assistance. Committee Democrats worked
together with Committee Republicans to draft a bill that would
reauthorize FVPSA. H.R. 6014, To reauthorize the Family
Violence Prevention and Services Act, introduced by
Representatives Gwen Moore (D-WI), Glenn Thompson (R-PA), Blunt
Rochester, and Elise Stefanik (R-NY) on June 6, 2018, received
103 cosponsors and passed the House unanimously on September
28, 2018.
CHILD WELFARE
Committee Democrats continue to prioritize efforts to
ensure states and local communities are both protecting
children from maltreatment and supporting cognitive and
emotional development by providing children with safe settings
and supporting reunification with supportive caregivers. On
September 26, 2017, Ranking Member Scott authored an oversight
letter with Chairwoman Foxx requesting that HHS provide an
update about how HHS is supporting states to fulfill
requirements for development and implementation of plans of
safe care for infants exposed to substance use, as required by
the Child Abuse Prevention and Treatment Act (CAPTA).
On February 6, 2018, Committee Democrats hosted a member
discussion with national advocates and nonprofit organizations
working directly with families and children suffering from
exposure to substance use disorder to inform efforts to
reauthorize and improve CAPTA and the federal response to the
opioid epidemic. Experts included Ms. Teresa Rafael and Mr. Jim
McKay of the National Alliance of Children's Trust and
Prevention Fund, Ms. Christine Calpin of Casey Family Programs,
Ms. Toni Miner of the Jefferson County (Colorado) Child and
Youth Leadership Commission, and Ms. Marylee Allen of the
Children's Defense Fund.
Committee Democrats, working with congressional Democrats
and Republicans, helped develop and introduce three bills to
assist families affected by substance use disorder. H.R. 5889,
the Recognizing Early Childhood Trauma Related to Substance
Abuse Act, was introduced by Representatives Tom O'Halleran (D-
AZ) and Dave A. Brat (R-VA). H.R. 5889 works to reduce
childhood trauma by requiring HHS to provide information,
resources, and assistance to early childhood professionals. The
bill received 19 cosponsors and passed the House by a voice
vote under suspension of the rules on June 13, 2018. H.R. 5890,
the Assisting States' Implementation of Plans of Safe Care Act,
was introduced by Representatives Stephanie Murphy (D-FL) and
Tom Garrett (R-VA). H.R. 5890 assists states in improving their
support for infants, children, and families suffering from
substance abuse. The bill received 16 cosponsors and passed the
House by a vote of 406-3 on June 13, 2018. H.R. 5891, the
Improving the Federal Response to Families Impacted by
Substance Use Disorder Act, was introduced by Representatives
Conor Lamb (D-PA) and Glen Grothman (R-WI). H.R. 5891
establishes an interagency task force to identify, evaluate,
and recommend ways in which federal agencies can better
coordinate responses to the opioid epidemic and carry out their
authorized duties. The bill received 18 cosponsors and passed
the House on June 13, 2018, by a voice vote of 409-8. Committee
Democrats worked successfully to ensure that these measures,
along with program authorizations for child welfare activities,
were included in H.R. 6, the SUPPORT for Patients and
Communities Act, which was signed into law by the President on
October 24, 2018.
COMMUNITY SERVICE AND VOLUNTEERISM
Service and volunteer opportunities administered by the
Corporation for National and Community Service (CNCS) help
build stronger communities and a stronger nation while
simultaneously preparing workers for the 21st Century economy.
During the 115th Congress, Committee Democrats defended
national and community service from Trump Administration and
Republican Majority attacks to defund and eliminate these
popular programs.
Committee Democrats opposed the narrative of a national
service agency that wastes taxpayer dollars presented by
Committee Republicans at the March 28, 2017, hearing, Examining
the Corporation for National and Community Service and Its
Failed Oversight of Taxpayer Dollars. In reality, CNCS is
improving its monitoring system and continuing to strengthen
its oversight of programs. Service grantees who engaged in
potentially prohibited activity received proportional,
deliberate action from CNCS. Committee Democrats invited expert
testimony from Dr. Elizabeth Darling, President and CEO of
OneStar Foundation, who testified about the benefits of
national and community service as well as how states, not just
the Federal Government, work to ensure proper oversight of
grantees. On April 17, 2018, the Committee convened an
oversight hearing entitled Fraud, Mismanagement, Non-
compliance, and Safety: The History of Failures of the
Corporation for National and Community Service. Ms. Barbara
Stewart, CEO of CNCS, was the sole witness and testified about
how CNCS is incorporating its strategic plan to continue to
provide grantees with improved service while also ensuring
proper oversight and enforcement. During the hearing, Committee
Democrats pushed for a bipartisan CNCS reauthorization to make
program improvements.
MUSEUMS AND LIBRARIES
On September 28, 2018, Representative Grijalva introduced
H.R. 6988, the Museum and Library Services Act of 2018, which
reauthorizes the Museum and Library Services Act. The bill
provides federal support to museums and libraries as anchor
institutions for local communities and enhances the Act's
workforce recruitment programs. It also makes programmatic
updates that include expanding grant purposes to enhancing
library and museum digitization, digital literacy, and
technology, and it allows libraries to become disaster-ready
for their communities. After the Senate passed the identical
companion bill on December 4, 2018, the House passed it under
suspension of the rules on December 19, 2018. The President
signed the bill into law on December 21, 2018.
Expanding Opportunity for the Workforce
INVESTMENTS IN SKILLS AND TRAINING
During the 115th Congress, Committee Democrats have
supported strong investments in our nation's workforce
development system. Committee Democrats know that the solution
to building a workforce ready for the in-demand jobs of both
today and tomorrow requires an investment in proven job
training programs.
The HEWD Subcommittee held three hearings on job training
and building a highly skilled workforce. The first was a June
15, 2017, hearing entitled Helping Americans Get Back to Work:
Implementation of the Workforce Innovation and Opportunity Act.
The second was an October 24, 2017, joint hearing with the
House Homeland Security Committee's Subcommittee on
Cybersecurity, Infrastructure Protection, and Security
Technologies entitled Public-Private Solutions to Educating a
Cyber Workforce. The third was a May 9, 2018, hearing entitled
Closing the Skills Gap: Private Sector Solutions for America's
Workforce. At each of these hearings, Committee Democrats
reiterated support for the Workforce Innovation and Opportunity
Act (WIOA) as the cornerstone of federal efforts to put
Americans back to work and prepare workers for in-demand
careers. Witnesses invited by Committee Democrats to provide
expert testimony highlighted the importance of federal
investments in the nation's workforce development system and
expressed concerns that cuts to WIOA programs would shift costs
to states and localities, effectively denying workers needed
training and supports.
JOB CORPS
On June 22, 2017, the Committee held a hearing entitled
Student Safety in the Job Corps Program, which focused, in
part, on DOL's Office of the Inspector General (DOL-OIG) audits
of Job Corps' centers' enforcement of student disciplinary
policies. Though not called to testify at the hearing, DOL
indicated it had implemented solutions to address the DOL
Inspector General's (DOL-IG) concerns regarding student safety
and was committed to working with the DOL-OIG on ways to
improve the Job Corps program. Committee Democrats invited
expert testimony from Mr. Jeff Barton, Academy Director of the
Earle C. Clements Job Corps Academy in Morganfield, Kentucky.
While acknowledging the program must improve safety, Mr. Barton
highlighted how Job Corps, the nation's largest residential
education and vocational training program for youth ages 16 to
24, provided much-needed opportunities for disadvantaged youth.
Committee Democrats noted that the national mortality rate for
young people ages 16 to 24 is 15 times greater than the rate
for Job Corps students. Committee Democrats also reiterated
opposition to eliminating or consolidating Job Corps.
APPRENTICESHIPS
The HEWD Subcommittee held two hearings on ``earn-and-
learn'' and on-the-job training programs: the July 26, 2017,
hearing entitled Expanding Options for Employers and Workers
Through Earn-and-Learn Opportunities and the September 5, 2018,
hearing entitled On-The-Job: Rebuilding the Workforce Through
Apprenticeships. Committee Democrats used these opportunities
to highlight Registered Apprenticeship programs as proven, on-
the-job training programs. With increased national recognition
of the benefits of apprenticeship programs, Committee Democrats
have consistently emphasized the need to maintain quality in
apprenticeship programs. In June 2017, the White House issued
Executive Order 13801 to ``Expand Apprenticeships in America.''
Executive Order 13801 initiated DOL's departure from the
Registered Apprenticeship model as set forth in the National
Apprenticeship Act. At the Committee's July 26, 2017, hearing,
Committee Democrats expressed concern with the Executive Order
and DOL's departure from the historically high-quality
programming that Registered Apprenticeship programs have
provided for both workers and employers. At both hearings,
witnesses invited by Committee Democrats to provide expert
testimony emphasized the need for quality in apprenticeships.
They cited the Registered Apprenticeship model as the gold
standard, noting that it provides critical quality control
mechanisms that ensure that apprentices finish their training
with a stackable, nationally- and industry-recognized
credential.
On November 15, 2017, Committee Democrats hosted a
roundtable entitled Expanding Apprenticeships into New Sectors.
Committee Democrats heard from industry leaders in the
technology, health care, and construction industries on how the
Registered Apprenticeship model is successfully expanding to
new sectors. Committee Democrats reiterated their commitment to
expanding high-quality, Registered Apprenticeship programs to
new industry sectors through H.R. 2933, the Leveraging
Effective Apprenticeships to Rebuild National Skills (LEARNs)
Act. This bill would promote the growth of Registered
Apprenticeships and pre-apprenticeships nationally and
establish a stable source of funding for these programs.
On March 13, 2018, Committee Democrats led a Committee
delegation to visit local apprenticeship programs, including a
program run jointly by the Local Union 26 International
Brotherhood of Electrical Workers (IBEW) and the Washington,
D.C. Chapter of the National Electrical Contractors Association
(NECA). Delegation members were able to experience first-hand
the success of programs where labor and management work
together to build innovative training programs.
On March 15, 2018, Ranking Member Scott joined a GAO
assessment of the General Services Administration excess
property disposition program, including DOL's disposition of
excess property for apprenticeship programs.
WORK REQUIREMENTS IN FEDERAL SUPPORT PROGRAMS
On March 7, 2018, Committee Democrats held a roundtable on
work requirements in federal support programs. Participants
included: Dr. Donna Pavetti, Vice President for Family Income
Support Policy at the Center on Budget Policy Priorities; Mr.
Leo Cuello, Director of Health Policy at the National Health
Law Program; Ms. Elizabeth Lower-Basch, Director of Income and
Work Supports at the Center for Law and Social Policy; and Ms.
Rebecca Vallas, Vice President of the Poverty to Prosperity
Program at the Center for American Progress. These experts
described current work requirements in the Temporary Assistance
for Needy Families (TANF) program, Supplemental Nutrition
Assistance Program (SNAP), and proposed work requirements in
Medicaid, and reviewed the intersection of these programs with
WIOA. They presented evidence that work requirements had little
impact on a program participants' earnings and did not improve
access to training and educational opportunities. They also
presented evidence that most individuals enrolled in programs
such as TANF and SNAP are already working and therefore it is
misleading to assert that they are not.
On March 15, 2018, the HEWD Subcommittee held a hearing
entitled Strengthening Access and Accountability to Work in
Welfare Programs. During the hearing, Committee Democrats
challenged the notion that individuals receiving work supports,
including TANF benefits, SNAP benefits, and Medicaid, were not
already working or did not want to work. Committee Democrats
highlighted evidence that shows that TANF and Medicaid provide
critical work supports for increasingly unstable, low wage
work--enabling many people to continue to work despite earning
poverty level wages. Committee Democrats invited expert
testimony from Dr. Heather Hahn, Senior Fellow at the Urban
Institute, who outlined how expanding work requirements for
SNAP and Medicaid runs the risk of undermining the employment
and skill-development goals of the workforce development system
while denying basic health care and food to adults and children
who need it.
OCCUPATIONAL LICENSING
On June 20, 2018, the HEWD Subcommittee held a hearing
entitled Occupational Licensing: Reducing Barriers to Economic
Mobility and Growth. Rather than discuss occupational licensing
requirements, which are largely determined by the states,
Committee Democrats focused on regulatory barriers to
employment that Congress can remove through proposed
legislation. Such legislation includes H.R. 1905, the Fair
Chance Act; H.R. 6145, the Fairness and Accuracy in Employment
Background Checks Act; H.R. 6677, the Clean Slate Act of 2018;
H.R. 2417, the Pregnant Workers Fairness Act; H.R. 1869, the
Paycheck Fairness Act; H.R. 3773, the Childcare for Working
Families Act; H.R. 947, the Family and Medical Leave Insurance
(FAMILY) Act; and H.R. 2942, the Schedules that Work Act.
Committee Democrats invited expert testimony from Ms. Rebecca
Vallas, Vice President of the Poverty to Prosperity Program at
the Center for American Progress. Ms. Vallas testified that
although there is a bipartisan movement at the state and
federal levels to remove barriers to work for workers with
criminal backgrounds, policymakers must not make the mistake of
blaming licensing restrictions for barriers to employment,
particularly those that strengthen wages and safety.
INCREASING EMPLOYMENT FOR OPPORTUNITY YOUTH
In the 115th Congress, Committee Democrats continued their
commitment to improving employment opportunities for young
Americans. An estimated 4.6 million young people between the
ages of 16 and 24 are disconnected from both school and work.
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. Instead of marginalizing this population, Committee
Democrats strive to create opportunities to re-engage young
people in ways that will benefit themselves, their communities,
and local employers. In fact, disconnected young people are
commonly referred to as ``opportunity youth'' because of their
potential to contribute to our nation, and Committee Democrats
seek to provide a stronger foundation for that potential.
Committee Democrats introduced and supported H.R. 1748, the
Opening Doors for Youth Act of 2017. This legislation expands
opportunities for our nation's at-risk and opportunity youth
through increased federal funding for summer- and year-round
employment opportunities and community efforts to keep youth
connected to school and training.
On March 28, 2017, Committee Democrats held a briefing
entitled Opening Doors for Youth: Investments in Employment
Opportunities for Opportunity Youth are Investments in Our
Communities and Our Nation. During this briefing, members heard
from local leaders, researchers, and former opportunity youth
on the federal investments needed to assist local communities
in providing employment opportunities for youth. On July 18,
2017, the Committee held a bipartisan panel discussion entitled
Investing in Our Next Workforce: The Business Case for Hiring
Opportunity Youth. Members heard from business leaders, a
researcher, and a former opportunity youth on the barriers to
hiring youth, the return on investing in opportunity youth, and
employer-led solutions to youth unemployment.
DIRECT CARE WORKFORCE
On September 15, 2017, Ranking Member Scott and Ranking
Member Davis introduced H.R. 3778, the Direct Creation,
Advancement, and Retention of Employment (CARE) Opportunity
Act, which would provide funding to entities that provide
training and advancement opportunities for direct care workers.
A direct care worker includes home health aides, psychiatric
aides, nursing assistants, and personal care aides who assist
seniors and persons with disabilities in their homes. The bill
would invest in strategies to enhance the direct care workforce
pipeline and respond to the needs of older Americans, people
with disabilities, and others who require direct care services
to remain in their communities.
Revitalizing Wage Growth
WAGE GROWTH
On June 21, 2018, the Committee held a hearing entitled
Growth, Opportunity, and Change in the U.S. Labor Market and
the American Workforce: A Review of Current Developments,
Trends, and Statistics. During the hearing, Committee Democrats
highlighted how wages remain stubbornly stagnant, and for the
typical worker, the link between rising productivity and
increases in pay is broken.\1\ Committee Democrats invited
expert testimony from Dr. William Spriggs, Chief Economist at
the AFL-CIO, who testified that the biggest challenge facing
the labor market is wage growth. He noted that the purchasing
power of the minimum wage has declined, and if it is not
increased by June 2019, it will break the record for the
longest period of time the minimum wage has gone unchanged
since the Fair Labor Standards Act (FLSA) was passed in 1938.
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\1\From 1973 to 2016, the typical worker saw a real (inflation-
adjusted) hourly wage increase of just 12.5 percent despite overall
productivity growth of 73.7 percent. The Productivity-Pay Gap, Economic
Policy Institute (Nov. 27, 2018), http://www.epi.org/productivity-pay-
gap/.
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MINIMUM WAGE
On May 25, 2017, Committee Democrats introduced H.R. 15,
the Raise the Wage Act of 2017. H.R. 15 would gradually raise
the federal minimum wage to $15 an hour. The bill would also
phase out subminimum wages for tipped workers, workers with
disabilities, and youth workers. This legislation has 171
cosponsors, including all Committee Democrats. The value of the
federal minimum wage of $7.25 an hour has declined
significantly in real terms since it was last increased in
2009.\2\ The value of today's minimum wage is lower than the
minimum wage in 1968 on an inflation-adjusted basis, when the
federal minimum wage peaked at $11.77 an hour (using 2018
inflation adjusted dollars). On July 24th, 2017, Committee
Democrats sent a letter to Chairwoman Foxx requesting a hearing
on H.R. 15. No response was received, and no hearing was
convened.
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\2\David Cooper, Raising the minimum wage to $15 by 2024 would lift
wages for 41 million American workers, Economic Policy Institute (April
26, 2017), https://www.epi.org/publication/15-by-2024-would-lift-wages-
for-41-million/.
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LEGISLATION TO WEAKEN THE RIGHT TO OVERTIME PAY
On April 5, 2017, the Committee's Subcommittee on Workforce
Protections (Workforce Protections Subcommittee) held a
legislative hearing on H.R. 1180, the Working Families
Flexibility Act of 2017. This legislation amends the FLSA to
permit private sector employers to enter into a voluntary
agreement with their hourly employees to ``compensate'' them
for hours worked beyond 40 in a week with one-and-one-half
hours of compensatory time off (``comp time'') at some point in
the future in lieu of providing overtime (time-and-a-half) pay
in an employee's next scheduled paycheck. Although promoted as
expanding a workplace flexibility option that is available to
public sector workers to private sector workers, in actuality,
the bill offers the workers the opportunity to forfeit their
hard-earned overtime pay in exchange for paid time-off to be
used solely at the employer's discretion. Committee Democrats
invited expert testimony from Ms. Vicki Shabo, Vice President
for the National Partnership for Women & Families, who
testified that nothing in the FLSA prohibited employers from
providing their employees flexibility without compromising the
employee's overtime pay. The Committee marked up H.R. 1180 on
April 26, 2017, with all Committee Democrats opposing the
motion to favorably report the bill to the House. Committee
Democrats offered six amendments exposing weaknesses in this
legislation--none of which were accepted. On May 2, 2017, the
House passed H.R. 1180 by a vote of 229-197 with six
Republicans voting against the bill.
OVERTIME PAY FOR SALARIED WORKERS
On May 23, 2016, the Obama Administration's DOL issued a
final rule (2016 Overtime Final Rule) raising the salary level
(the level under which most full-time, salaried workers are
eligible for overtime pay) to the 40th percentile of earnings
of full-time, salaried workers in the lowest wage census
region--or $47,476 per year or $913 per week in 2016 (up from
$23,660 per year set in 2004)--with automatic adjustments every
three years. A Texas court permanently enjoined DOL from
enforcing the 2016 Overtime Final Rule on a nationwide basis on
August 31, 2017. Instead of defending the higher salary
threshold in an appeal to the U.S. Court of Appeals for the
Fifth Circuit, the Trump Administration asked the court to hold
off on any decision while the Trump Administration worked on
its own overtime rule. In the first stage of that effort, DOL
issued a Request for Information (RFI) on July 26, 2017,
seeking information on whether the salary level set in the 2016
Overtime Final Rule was reasonable or whether a lower level
should be set.
On June 29, 2017, Committee Democrats led the introduction
of H. Con. Res. 68, Expressing the sense of Congress that the
overtime rule published in the Federal Register by the
Secretary of Labor on May 23, 2016, would provide millions of
workers with greater economic security and was a legally valid
exercise of the authority of the Secretary under the Fair Labor
Standards Act of 1938. On September 25, 2017, Committee
Democrats led a comment letter urging the Trump Administration
to maintain the salary level established in the 2016 Overtime
Final Rule. On November 30, 2017, Committee Democrats also
introduced H.R. 4505, the Restoring Overtime Pay Act, which
would codify in statute the 2016 Overtime Final Rule.
On February 16, 2017, the Workforce Protections
Subcommittee held a hearing entitled Federal Wage and Hour
Policies in the Twenty-First Century Economy. Committee
Democrats highlighted the need to update our nation's wage and
hour laws to ensure that the economy works for everyone, not
just those at the top. Committee Democrats invited expert
testimony from Mr. Andrew Stettner, Senior Fellow at The
Century Foundation, who discussed the changing nature of the
economy and key policy changes that could increase the
effectiveness of the FLSA. These include raising the federal
minimum wage, protecting workers in non-traditional work
arrangements, and fair scheduling laws.
PAID SICK LEAVE AND FAMILY LEAVE POLICIES
On December 6, 2017, the HELP Subcommittee held a hearing
entitled Workplace Leave Policies: Opportunities and Challenges
for Employers and Working Families. Committee Democrats
expressed their commitment to policies that provide American
workers with paid sick days, paid family and medical leave, and
predictable schedules. Committee Democrats also expressed
support for H.R. 1516, the Healthy Families Act; H.R. 947, the
FAMILY Act; and H.R. 2942, the Schedules That Work Act.
Committee Democrats invited expert testimony from Mr. Hans
Reimer, the Montgomery County (Maryland) Council President, who
strongly cautioned against legislation that would allow
employers to circumvent local laws, including sick leave and
scheduling laws. He called on the Committee to pass paid leave
laws that will provide a strong federal floor that local
policymakers can build upon.
February 5, 2018, marked the 25th anniversary of the Family
and Medical Leave Act of 1993 (FMLA). The FMLA allows employees
to take up to 12 weeks of unpaid, job-protected leave to care
for a new child, a seriously ill or injured loved one, their
own serious health condition, or to address military family
care needs. To commemorate this hallmark legislation, Committee
Democrats held a roundtable entitled Building on the Successes
of the FMLA. Committee Democrats heard from an employer, a
self-employed individual, an economist, and worker advocates on
the need for a comprehensive, national paid family and medical
leave program that provides at least twelve weeks of paid time
off. Committee Democrats also discussed the economic benefits
of paid family and medical leave and the need to establish a
national paid family and medical leave program.
On Tuesday, July 24, 2018, the HELP Subcommittee held a
hearing on H.R. 4219, the Workflex in the 21st Century Act.
H.R. 4219 would allow employers to create a new type of
Employee Retirement Income Security Act (ERISA) employee
benefit plan (qualified flexible workplace arrangement plan)
that would allow employers to pre-empt state and local paid
sick days, scheduling, and overtime laws, if the employer
adopts a specified minimum leave allowance and a ``workflex
option.'' H.R. 4219 does not guarantee all workers access to
any type of paid leave or increase workplace flexibility;
rather, the bill would allow its qualified flexible workplace
arrangement plans to be offered to certain groups of employees
but not others. Committee Democrats invited expert testimony
from Rhode Island State Senator Gayle Goldin, who opposes H.R.
4219 because it would provide a pathway for employers to
circumvent state and local laws such as Rhode Island's earned
sick and safe time law. Senator Goldin urged the Committee to
reject H.R. 4219 and instead consider H.R. 1516, the Healthy
Families Act; H.R. 947, the Family and Medical Leave Insurance
Act, and H.R. 2942, the Schedules that Work Act.
FUTURE OF WORK AND THE SHARING ECONOMY
On September 6, 2017, the Committee convened a hearing
entitled The Sharing Economy: Creating Opportunities for
Innovation and Flexibility. Committee Democrats explored when
it is fair, appropriate, and legal for sharing economy
companies to classify workers as independent contractors
instead of employees. Committee Democrats also considered
whether the independent contractor paradigm prevailing in the
sharing economy and other industries reflects what the future
of work will look like in the United States. Committee
Democrats reasoned that Americans' need for important
protections, such as unemployment insurance and workers'
compensation, does not evaporate when they are dispatched using
new technologies. Committee Democrats invited expert testimony
from Ms. Sharon Block, who served as the Principal Deputy
Assistant Secretary for Policy at DOL during the Obama
Administration. Ms. Block testified that Congress should
support and encourage economic growth without undermining labor
and employment laws that ensure a basic level of economic
security for American workers.
AUTOMATION AND THE FUTURE OF WORK
Innovation is changing America, from self-checkout lanes in
grocery stores to driverless cars. Automation and AI
technologies will transform the future of work, disrupting
labor markets and displacing large numbers of workers. One
widely cited Oxford University study from 2013 estimates that
47% of U.S. jobs are at risk of being automated by 2033.\3\
Automation could fall hardest on low-income workers.\4\ The
Obama White House produced a report that found that 83 percent
of jobs making less than $20 per hour would come under pressure
from automation, compared to only four percent of jobs making
above $40 per hour.\5\ A 2017 issue brief by the Joint Center
for Political & Economic Studies found that automation will
have a disproportionate effect on African American and Latino
workers and will likely produce an almost two million net job
deficit that disproportionately impacts workers of color.\6\
Following these findings by the Joint Center, Committee
Democrats held three roundtable discussions with academic
experts, businesses, and workers on the likely impacts of
automation on American workers.
---------------------------------------------------------------------------
\3\Carl Benedikt Frey and Michael A. Osborne, The Future of
Employment: How Susceptible Are Jobs to Computerization?, Oxford Martin
Programme on Technology and Employment (September 2013), https://
www.oxfordmartin.ox.ac.uk/publications/view/1314.
\4\Artificial Intelligence, Automation, and the Economy, Executive
Office of the President
(December 20, 2016), https://www.whitehouse.gov/sites/whitehouse.gov/
files/images/EMBARGOED%20AI%20Economy%20Report.pdf.
\5\Id.
\6\Kristen Broady, Race and Jobs at High Risk to Automation, Joint
Center for Political and Economic Studies (December 18, 2017), https://
jointcenter.org/blog/race-jobs-high-risk-automation.
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On April 11, 2018, Committee Democrats held a roundtable
entitled Automation and its Impact on Workers of Color:
Transportation and Autonomous Vehicles. Participants included
Mr. Spencer Overton, President of the Joint Center for
Political & Economic Studies; Dr. Susan Helper, Professor at
Case Western Reserve University and former Commerce Department
Chief Economist; Mr. Robert Chiappetta, Director of Government
Affairs, Toyota Motor North America; and Mr. Samuel Loesche,
Legislative Representative, International Brotherhood of
Teamsters. The roundtable examined how the emergence of
autonomous vehicles could place nearly 3.8 million jobs at
risk.
On May 8, 2018, Committee Democrats held a roundtable
entitled Retail Automation and its Impact on Women and Workers
of Color. Participants included Mr. Spencer Overton, President
of the Joint Center for Political & Economic Studies; Ms. Jana
Barresi, Senior Director of Federal Government Affairs,
Walmart; Dr. Michael Mandel, Chief Economic Strategist,
Progressive Policy Institute; and Ms. Ademola Oyefeso,
International Vice President, United Food and Commercial
Workers International Union. Participants discussed how
cashiers and retail salespersons are two of the occupations
most at-risk from automation. Combined, they employ more than
6.5 million workers accounting for more than four percent (one-
in-twenty-five) of all jobs.\7\ Participants discussed the ways
in which automation will eliminate jobs due to the emergence of
e-commerce. Participants also found that there is the
possibility that automation may create jobs as well due to the
changing needs of companies and consumers.
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\7\Id.
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On July 18, 2018, Committee Democrats held a roundtable
entitled Automation and the Future of Work: Federal Policy
Solutions. Participants included Mr. Spencer Overton, President
of the Joint Center for Political & Economic Studies; Dr.
Thomas Kochan, Professor of Management, Sloan School of
Management, MIT; Dr. Tom Mitchell, Professor of Computer
Science, Carnegie Mellon University; and Dr. Maya Rockeymoore,
President and CEO, Global Policy Solutions. Participants
discussed that while technology is already transforming work,
there remains a great deal of uncertainty and disagreement
about how fast automation, artificial intelligence, and robots
will be adopted and how they will impact jobs and the labor
market. While there has always been technological change in the
marketplace, participants suggested that job displacement from
these new technologies will be qualitatively different than in
the past. Participants considered policy decisions that have
eroded labor market institutions and social supports necessary
to reduce the impacts to losers from economic transformation.
PROPOSED TIP REGULATIONS UNDER THE FAIR LABOR STANDARDS ACT
On December 5, 2017, DOL published a proposed rule to
rescind parts of a 2011 rule that clarified that tips are the
property of the employee, regardless of whether the employer
takes a tip credit. The proposed rule provides that tips are
the property of employees only if the employer takes a tip
credit. In issuing the proposed rule, DOL failed to include any
quantitative analysis of the proposal's benefits or costs, as
expressly required under Section 1(c) of Executive Order 13563.
On December 11, 2017, Committee Democrats wrote a letter
requesting that DOL extend the initial 30-day public comment
period for the proposed rule by a minimum of 30 days to allow
for a complete economic analysis of its impact. Subsequently,
DOL granted the request, extending the public comment period 30
days, from January 4, 2018 to February 5, 2018. Due to strong
public interest in the proposal and the lack of a quantitative
analysis that demonstrates its benefits justify its costs,
Committee Democrats sent a letter on January 22, 2018, urging
DOL to hold public hearings to provide an additional
opportunity for DOL to hear from economists on the costs of the
proposed rule--including employees' loss of income from the
transfer of tips from workers to employers--in light of the
lack of quantitative economic analysis. No response was
received, and no public hearings were held.
On February 1, 2018, Bloomberg BNA reported that DOL had
prepared and intentionally withheld an economic analysis that
showed workers would lose billions of dollars under the
proposal;\8\ in proposing the rule, DOL stated it did not
conduct any such quantitative analysis.\9\ Pursuant to
oversight responsibilities, Committee Democrats sent a letter
to DOL on February 2, 2018, requesting any draft, interim,
proposed, or completed quantitative or economic analysis for
the proposal, as well as any communications related to the
decision to withhold the analysis.
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\8\Ben Penn, Labor Dept. Ditches Data on Worker Tips Retained by
Businesses, BLOOMBERG BNA (February 1, 2018), bnanews.bna.com/daily-
labor-report/labor-dept-ditches-data-on-worker-tips-retained-by-
businesses.
\9\Tip Regulations Under the Fair Labor Standards Act (FLSA), 82
Fed. Reg. 57395, 57404 (proposed December 5, 2017).
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On February 15, 2018, Committee Democrats hosted a member
forum entitled Exploring the Policy and Process Behind the
Labor Department's Proposal to Allow Employers to Pocket Their
Employees' Tips. During the forum, members heard from a former
Chief Economist for DOL on the agency's capacity to conduct a
quantitative economic analysis and from a regulatory expert on
the implication of DOL's divergence from rulemaking standards.
Although invited, DOL did not participate in the forum. While
DOL has indicated it will withdraw the proposal following
amendments made to FLSA in March 2018, it has yet to provide
the Committee with the requested documents relating to the
withheld economic analysis as well as a rationale for the
departure from rulemaking standards. A February 20, 2018,
response letter from DOL failed to directly respond to any of
the Committee Democrats' requests for information and
documents.
ENFORCEMENT OF WAGE AND HOUR LAWS
In addition to stagnant wages, wage theft remains a serious
issue for our nation's workers. A 2017 study from the Economic
Policy Institute found that in the ten most populous states,
workers lost $8 billion annually to minimum wage
violations.\10\
---------------------------------------------------------------------------
\10\David Cooper and Teresa Kroeger, Employers steal billions from
workers' paychecks each year, Economic Policy Institute (May 10, 2017),
http://www.epi.org/publication/employers-steal-billions-from-workers-
paychecks-each-year-survey-data-show-millions-of-workers-are-paid-less-
than-the-minimum-wage-at-significant-cost-to-taxpayers-and-state-
economies.
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On June 6, 2018, Committee Democrats asked GAO to evaluate
and audit the enforcement practices of DOL's Wage and Hour
Division. On October 16, 2018, Committee Democrats asked GAO to
review DOL's enforcement of the Service Contract Act of 1965
(SCA), including whether DOL is making use of debarment
procedures under SCA for willful and repeat violations, and
whether contracting agencies are reviewing prospective
contractors' history of SCA and wage and hour violations in
awarding contracts.
CHILD LABOR
On July 14, 2018, the U.S. Office of Management and Budget
(OMB) began reviewing a DOL NPRM entitled Expanding Employment,
Training, and Apprenticeship Opportunities for 16- and 17-Year-
Olds in Health Care Occupations under the Fair Labor Standards
Act, which would modify Hazardous Occupation Orders (HOs)
regarding health care establishments. On August 1, 2018,
Committee Democrats wrote to DOL and OMB urging DOL to request
that the National Institute for Occupational Safety and Health
(NIOSH) perform a comprehensive literature review to inform any
proposed rulemaking on this subject. Although to date no formal
review has been published by NIOSH, on September 27, 2018, DOL
published a proposed rule that would revise DOL's Hazardous
Occupations Order 7. Under the proposal, the HO would no longer
prohibit 16- and 17-year-olds from operating or assisting in
the operation of power-driven patient lifts. This NPRM would
allow these young workers to use this equipment independently
and with no training. This proposal stands in contrast to DOL's
2011 non-enforcement policy that only allows 16- and 17-year-
old trained workers to assist trained workers 18 years of age
or older in the operation of this equipment. The 2011 non-
enforcement policy is consistent with a 2011 NIOSH review of
available data and scientific literature and biomechanical
analysis that concluded these workers cannot safely perform
this work by themselves. On October 30, 2018, Committee
Democrats sent DOL a letter requesting that DOL publicly
disclose a 2012 survey it relied upon, in part, to assert an
adverse impact on training opportunities, rather than safety.
Committee Democrats also requested that DOL extend the public
comment period to give stakeholders adequate time to examine
the information. In response, DOL extended the comment period
but failed to include the 2012 survey in the proposed rule's
docket. On December 11, 2018, Committee Democrats submitted
comments to the proposed rule underscoring the risk to patient
and worker safety as a result of the proposed change and urging
DOL to withdraw the proposed rule.
GUESTWORKER VISAS AND IMMIGRATION
Committee Democrats conducted oversight relating to
upholding and strengthening labor standards for temporary,
nonimmigrant worker visa programs. On May 17, 2017, Committee
Democrats sent DOL a letter raising concerns over expansion of
the H-2B program, given potential wage suppression and
displacement of U.S. workers and a history of abuse of foreign
workers under the program. The letter urged DOL to employ
meaningful labor market tests when making recommendations to
DHS for determining whether to increase the number of H-2B
visas available for the remainder of Fiscal Year 2017.
Committee Democrats also sent an oversight letter to DOL on
September 13, 2018, requesting information on the legal basis
upon which DOL determined that it is unable to prevent
employers from laying off similarly employed U.S. workers and
replacing them with nonimmigrant guestworkers under the H-2B
program. Committee Democrats received a letter from DOL on
December 11, 2018, asserting that DOL ``can--and does--enforce
employers' non-displacement obligations'' but remains unable to
enforce corresponding employment provisions due to an
appropriations rider.
On October 3, 2017, Committee Democrats wrote a letter to
Chairwoman Foxx requesting that the Committee seek sequential
referral of H.R. 4092, the Agricultural Guestworker Act, a bill
that would replace the existing H-2A nonimmigrant, temporary
agricultural work visa program with a new H-2C program that
weakens or eliminates existing labor protections. This
legislation presents concerns regarding the wages and working
conditions for temporary and U.S. farmworkers. Despite the
request, no hearings or markups of the bill were conducted in
the Committee. On November 17, 2017, Committee Democrats sent a
letter to the Departments of Labor, Agriculture, State, and
Homeland Security urging the Departments to maintain strong
labor protections under the H-2A visa program and requesting
information on the scope, goals, and plans for stakeholder
feedback for the Interagency Working Group established to
consider changes to the program. DOL acknowledged receipt in a
December 21, 2017, letter but failed to provide the information
requested or any substantive response. A December 27, 2017,
response from the U.S. Department of Agriculture (USDA)
acknowledged that it spearheaded the Interagency Working Group
but failed to provide the information requested about the
working group. A December 18, 2017, letter from the U.S.
Department of State outlined its role in administering the H-2A
program through its consulates but failed to acknowledge the
Interagency Working Group or to provide the information
requested.
WORKERS WITH DISABILITIES
On October 23, 2018, Ranking Member Scott partnered with
Senator Casey to request that GAO examine the demographics of
individuals with disabilities employed pursuant to Section
14(c) certificates under FLSA, which authorizes employers to
pay such employees less than the minimum wage. Specifically,
the request asked GAO to review: trends in employment under
section 14(c) certificates; the characteristics of individuals
employed under 14(c) certificates; counseling and support
provided to individuals employed under 14(c) to move employees
to competitive, integrated settings; and oversight and
management of 14(c) certificates by DOL.
UNEMPLOYMENT STATISTICS
On February 3, 2017, Committee Democrats wrote to President
Trump to inquire whether he and his Administration will
continue the longstanding and bipartisan tradition of standing
behind DOL's Bureau of Labor Statistics' (BLS) monthly
employment situation report. Committee Democrats believe their
inquiry was warranted due to the skepticism and distrust of the
nation's unemployment rate expressed by President Trump and his
White House staff during the 2016 presidential election
campaign. No reply was received.
Deregulatory Policy and Its Impact on Workers
COMPLIANCE WITH LABOR, CIVIL RIGHTS, AND SAFETY LAWS BY FEDERAL
CONTRACTORS
On February 2, 2017, Committee Democrats joined Oversight
and Government Reform Committee Democrats in opposing H.J. Res.
37, Disapproving the rule submitted by the Department of
Defense, the General Services Administration, and the National
Aeronautics and Space Administration relating to the Federal
Acquisition Regulation. H.J. Res. 37 was a CRA resolution of
disapproval, which nullified a Federal Acquisition Regulation
implementing President Obama's Executive Order 13673, Fair Pay
and Safe Workplaces. The regulation, which was issued in August
2016, ensures that contractors entrusted with taxpayer dollars
treat their workers fairly and that those who willfully,
repeatedly, and pervasively violate workplace laws do not get a
competitive advantage over contractors that follow the law.
H.J. Res. 37 passed the House by a vote of 236-187 and nearly
unanimous opposition from House Democrats. It passed the Senate
by a vote of 49-48 and was signed by the President on March 27,
2017.
OVERSIGHT OF DEPARTMENT OF LABOR DEREGULATORY PLANS
During his first week in office, President Trump issued
Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs, which required agencies to identify two
existing regulations for elimination for every new regulation
proposed (the ``Two-for-One Rule'') in Fiscal Year 2017. Issued
a month later, Executive Order 13777, Enforcing the Regulatory
Reform Agenda, requires each agency to appoint new regulatory
reform officers and form a regulatory reform task force to
evaluate and make recommendations for repealing, replacing, or
modifying existing regulations, including identifying
regulations that ``eliminate jobs, or inhibit job creation.''
On November 9, 2017, prior to DOL Secretary Alexander Acosta's
(Secretary Acosta) appearance before the Committee, Committee
Democrats requested information and documents from DOL relating
to the implementation of these Executive Orders. Specifically,
the letter requested an unredacted version of a May 23, 2017,
memo sent by senior DOL officials to Secretary Acosta that
referenced the number of regulations targeted for deregulatory
action for each DOL sub-agency and discussed setting up a
``bank'' of regulations targeted for future deregulatory
actions. On December 8, 2017, DOL responded, but it refused to
provide any of the requested information asserting it was
``non-public and deliberative material.''
On May 23, 2018, the Workforce Protections Subcommittee
held a hearing entitled Regulatory Reform: Unleashing Economic
Opportunity for Workers and Employers. The hearing provided an
overview of the Trump Administration's efforts to delay or roll
back workforce protections. Committee Democrats invited expert
testimony from Dr. Heidi Shierholz, Senior Economist and
Director of Policy for the Economic Policy Institute, who
reviewed how the Trump Administration's deregulatory efforts
and questionable regulatory processes will reduce overtime pay,
limit opportunities for retirement savings, expose workers to
preventable workplace illnesses and injuries, and enable
continued discrimination in the workplace.
Labor Law and Collective Bargaining Rights
OVERVIEW
A key to revitalizing wage growth and rebuilding the middle
class is restoring workers' rights to collectively bargain.
During the past eight years, there have been concerted efforts
to use the Committee's authority to undermine unions and weaken
the National Labor Relations Act (NLRA). This is evidenced by
the fact that the Committee has held 38 hearings and markups
aimed at weakening the protections afforded under the NLRA,
which is more legislative activity than on any other topic,
including higher education (29), job training (32), K-12
education (30), or health care (25).
NATIONAL LABOR RELATIONS BOARD--2014 UNION REPRESENTATION ELECTION RULE
In 2014, the National Labor Relations Board (NLRB)
streamlined its procedures governing union representation
elections, reducing unnecessary delays between the time a union
filed for an election and the date of the election (2014
Election Rule). On February 10, 2017, the Committee held a
hearing titled Restoring Balance and Fairness to the National
Labor Relations Board, during which Committee Democrats
defended the merits of this rule. Committee Democrats invited
expert testimony from Ms. Susan Davis, a lawyer representing
unions and workers, who explained that the 2014 Election Rule
accomplished its goal of reducing unnecessary delays.
On December 12, 2017, three Republican members of the NLRB
voted to issue a RFI seeking input on whether to rescind or
modify the 2014 Election Rule. On December 21, 2017, Committee
Democrats requested data from the NLRB on the implementation of
the 2014 Election Rule. On January 16, 2018, Committee
Democrats requested that the NLRB extend the RFI deadline for
comments because the NLRB had not yet produced the requested
information. The NLRB's response on February 15, 2018, left 12
of the 23 queries completely or partially unanswered, and
Committee Democrats replied on March 28, 2018, requesting that
the NLRB produce responses to the outstanding requests. The
NLRB, on April 13, 2018, produced partial responses to four of
the outstanding 12 requests, but did not address the remaining
eight outstanding requests. On April 18, 2018, Committee
Democrats submitted comments demonstrating the effectiveness of
the 2014 Election Rule, using the data provided by the NLRB.
EXEMPTING TRIBAL ENTERPRISES FROM THE NATIONAL LABOR RELATIONS ACT
On March 29, 2017, the HELP Subcommittee held a hearing on
H.R. 986, the Tribal Labor Sovereignty Act. This bill would
exempt tribal enterprises on tribal lands--such as casinos,
hotels, and sawmills--from the definition of ``employer'' under
the NLRA. Although couched as protecting tribal sovereignty,
the bill's purpose is to strip workers of their rights under
federal labor law to organize and collectively bargain at any
enterprise owned and operated by a recognized Indian tribe on
tribal land. Committee Democrats invited expert testimony from
Mr. Jack Gribbon, the California Political Director for UNITE
HERE, who testified that the NLRB had carefully balanced the
sovereign rights of tribes in matters of local self-government
with workers' rights to organize and bargain collectively in
San Manuel Indian Bingo and Casino. The Committee marked-up
H.R. 986 on June 29, 2017, with all Committee Democrats
opposing the motion to favorably report the bill to the House.
In the Rules Committee, the text of H.R. 986 was added to S.
140, A bill to amend the White Mountain Apache Tribe Water
Rights Quantification Act of 2010 to clarify the use of amounts
in the WMAT Settlement Fund, which included two non-
controversial bills involving tribal land and water rights. The
House passed S. 140, as amended, by a recorded vote of 239-173
on January 10, 2018. The bill, as amended by the House, failed
to pass the Senate.
UNION ORGANIZING AND COLLECTIVE BARGAINING IN THE
PRIVATE SECTOR
On June 14, 2017, the HELP Subcommittee held a hearing
entitled Legislative Reforms to the National Labor Relations
Act: H.R. 2776, Workforce Democracy and Fairness Act; H.R.
2775, Employee Privacy Protection Act; and H.R. 2723, Employee
Rights Act. All three bills are designed to make it more
difficult for workers to form labor unions. H.R. 2776 would
mandate waiting periods in union representation elections and
enable employers to gerrymander employees into the bargaining
unit prior to the election as a means to dilute the voting
strength of supporters. H.R. 2775 would reduce the amount of
information to be included in the list of voters' contact
information employers must provide to unions prior to an
election. H.R. 2723 would modify voting procedures for union
representation elections by counting all non-voting employees
as votes against the union and require delays in the
representation election process. Subcommittee Democrats
objected to these bills because they undermine workers' rights
to join unions. Committee Democrats invited expert testimony
from Mr. Jody Calemine, General Counsel for the Communications
Workers of America, who explained how the bills would undermine
the ability of workers to vote in union representation. The
Committee marked up H.R. 2775 and H.R. 2776 on June 29, 2017,
with all Committee Democrats opposing the motions to favorably
report the bills to the House. The Committee did not take up
H.R. 2723.
On December 6, 2017, Committee Democrats introduced H.R.
4548, the Workplace Action for a Growing Economy Act (WAGE
Act). This bill would strengthen the NLRA by putting teeth into
its enforcement provisions, authorizing civil penalties for
employers who commit serious violations, increasing remedies
for workers who have been unlawfully discharged, and
establishing a private right of action so workers could
directly seek relief in federal district court.
On June 13, 2018, Committee Democrats, in conjunction with
House and Senate Democratic leadership, introduced H.R. 6080,
the Workers' Freedom to Negotiate Act. This bill builds on
protections under the WAGE Act (H.R. 4548) by prohibiting
employers from permanently replacing employees who exercise the
right to strike or requiring employees to participate in anti-
union captive audience meetings as a condition of employment.
It also amends the NLRA to authorize unions and employers to
agree in a labor contract that the payment of ``fair share''
fees shall be a condition of employment following initial
hiring.
On April 26, 2018, the Committee held a hearing entitled
Worker-Management Relations: Examining the Need to Modernize
Federal Labor Law. This hearing focused on whether DOL should
regulate worker centers in the same manner as unions for
purposes of reporting under the Labor Management Reporting and
Disclosure Act (LMRDA). Worker centers are community-based
nonprofit organizations that advocate for and organize on
behalf of low-wage workers. Committee Democrats invited expert
testimony from Professor Anne Marie Lofaso, Professor of Law at
West Virginia University College of Law. Professor Lofaso
explained that the LMRDA should not apply to worker centers
because it was designed to ensure that unions are accountable
to their members, while worker centers are distinct from unions
because they do not engage in collective bargaining as the
exclusive representative of workers.
COLLECTIVE BARGAINING RIGHTS OF PUBLIC SECTOR EMPLOYEES
On June 27, 2018, the Supreme Court held in Janus v. AFSCME
Council 31 that the First Amendment prohibits state and local
governments from requiring non-member employees who benefit
from union representation to pay ``fair share'' fees to the
union to cover the costs of those services. In anticipation of
that decision, Committee Democrats joined other House Democrats
in a Special Order on the House floor on January 29, 2018, to
explore how the Supreme Court's expected decision will have an
adverse impact on workers. One day after the Supreme Court's
decision, Representative Matthew A. Cartwright (D-PA), in
conjunction with Committee Democrats, introduced H.R. 6238, the
Public Service Freedom to Negotiate Act, to establish the
principle in federal law that state and local government
workers--such as firefighters, police, and teachers--have a
right to organize a union and collectively bargain. This bill
authorizes the Federal Labor Relations Authority (FLRA) to make
determinations on whether a state, territory, or locality meets
minimum federal standards in allowing public employees to join
unions and collectively bargain. If such standards are not
adopted, the FLRA is given authority to conduct union elections
for such public employees, and to require the state or local
government agency to recognize and bargain if a labor
organization is selected by the employees.
EROSION OF FEDERAL EMPLOYEES' COLLECTIVE BARGAINING RIGHTS
On March 9, 2018, ED informed the union representing its
employees, the American Federation of Government Employees
(AFGE), that it would cease negotiating a new collective
bargaining agreement and instead unilaterally implement terms.
On June 26, 2018, Ranking Member Scott and Ranking Member
Cummings wrote ED requesting that it return to the bargaining
table with AFGE and that it produce information documenting its
decision to cease bargaining with AFGE. On August 10, 2018, ED
responded, but it did not produce requested documents regarding
the basis for its refusal to bargain with the union or
communications on that topic between the White House and ED.
HHS declared an impasse with its employees, represented by
the National Treasury Employees Union (NTEU), on August 13,
2018, after one day of bargaining. HHS has since refused to
return to the bargaining table. On October 11, 2018, Committee
Democrats wrote HHS Secretary Alex Azar (Secretary Azar),
urging HHS to resume bargaining with NTEU and to do so in good
faith.
JOINT EMPLOYER STANDARDS
Labor and employment laws have long held that when more
than one employer controls terms and conditions of employment,
an employee may have multiple employers, also known as ``joint
employers.'' The standard for joint employment determinations
under the NLRA was articulated in the 2015 decision Browning-
Ferris Industries. On February 10, 2017, the Committee held a
hearing titled Restoring Balance and Fairness to the National
Labor Relations Board during which Committee Republicans
attacked the joint employer standard in Browning-Ferris along
with a critique of the NLRB's 2014 union election rule and a
decision allowing graduate research assistants to form unions.
Committee Democrats once again invited expert testimony from
Ms. Susan Davis, who represents workers and unions in legal
matters, who explained how the Browning-Ferris decision was
modestly crafted to comport to the standards for determining an
employer-employee relationship under the common law of agency.
Committee Democrats stressed that the Browning-Ferris decision
ensures that workers are able to collectively bargain with all
of the employers that actually control the terms and conditions
of employment, and not merely the payroll employer.
On July 12, 2017, the Committee held a hearing entitled
Redefining Joint Employer Standards: Barriers to Job Creation
and Entrepreneurship that explored joint employer standards
under the NLRA and the FLSA. Committee Democrats emphasized
that current standards ensure that employers who violate the
law are accountable to their employees. Committee Democrats
invited expert testimony from Ms. Catherine K. Ruckelshaus,
General Counsel for the National Employment Law Project, who
described how wage theft and other labor violations persist in
workplaces where outsourcing is prevalent and workers are not
sure who their employer is. Committee Democrats also invited
expert testimony from Professor Michael C. Harper, Professor of
Law at Boston University Law School and Reporter for the
Restatement of Employment Law, who testified that the Browning-
Ferris decision conformed to common law standards. He also
observed that legislation to overturn Browning-Ferris could
lead to a contraction of franchisees' independence.
On September 13, 2017, the Workforce Protections and HELP
Subcommittees held a joint hearing on H.R. 3441, the Save Local
Business Act. This bill would narrow the standard for whether
an employer is liable as a joint employer under the NLRA and
FLSA. Committee Democrats invited expert testimony from Mr.
Michael Rubin, an attorney who litigates cases involving joint
employers, who detailed how the bill, as drafted, effectively
eliminates joint employer liability. Committee Democrats
emphasized that the bill would permit entities to control
working conditions while escaping liability, even creating
situations where an employee could be found to have no employer
liable for labor law violations. The Committee marked up the
bill on October 4, 2017. Committee Democrats offered a series
of amendments highlighting inequities to workers and
franchisees. The House passed the bill on November 7, 2017, by
a recorded vote of 242-181.
On March 12, 2018, Committee Democrats sent a letter to
NLRB General Counsel Peter Robb requesting information about a
settlement with McDonald's USA, LLC, in its litigation before
the NLRB on whether it is a joint employer and thus jointly
liable for unfair labor practices committed against its
franchisees' employees. The letter requested the record of the
consolidated litigation against McDonald's before the NLRB. The
NLRB provided most of the transcripts from the litigation on
March 30 and May 3, 2018, but did not provide any other
requested documents.
On September 14, 2018, the NLRB issued a NPRM to overturn
the current joint employer standard articulated in Browning-
Ferris. The proposed rule would only find an entity to be a
joint employer if it exercised control over terms and
conditions of employment directly and immediately. As such, it
would not find an entity to be a joint employer if the putative
joint employer exercised control indirectly, through an
intermediary, or if it reserved control in its contract. On
October 10, 2018, Ranking Member Scott and Senator Murray
requested data from the NLRB regarding its handling of cases
alleging a joint employer relationship. That letter also
inquired whether the NLRB issued the proposed rule prior to the
completion of the ethics and recusal review (see below). The
NLRB responded on October 23, 2018, with lists of cases that
included the phrase ``joint employer,'' but it did not produce
information responsive to the request.
OVERSIGHT OF CONFLICTS OF INTEREST AT THE NATIONAL LABOR RELATIONS
BOARD
Committee Democrats have conducted oversight on conflicts
of interest involving NLRB members who were previously employed
by law firms that represent clients litigating before the NLRB.
The most prominent area of these conflicts centers on the joint
employment standard.
On December 14, 2017, the NLRB overturned Browning-Ferris--
the decision annunciating the standard governing when employees
have joint employers under the NLRA--in Hy-Brand Industrial
Contractors. One Board member, William Emanuel (Member
Emanuel), participated in the decision to overturn Browning-
Ferris even though his former law firm represents a party in
that case. Member Emanuel participated in a second vote
directing the NLRB General Counsel to seek a remand of
Browning-Ferris from the D.C. Circuit Court of Appeals. On
December 21, 2017, Ranking Member Scott and Senator Murray
requested information regarding Member Emanuel's decision to
participate in Hy-Brand and the remand vote for Browning-Ferris
despite the apparent conflict of interest. Member Emanuel
responded on January 26, 2018, stating that he did not know his
former firm represented a party in Browning-Ferris. However,
after Member Emanuel's July 13, 2017, confirmation hearing, he
answered written questions demonstrating his awareness of his
former firm's involvement in the case. After knowledge of this
discrepancy became public, Member Emanuel issued a second
letter on February 1, 2018, stating that he would issue a
``further response, clarification or correction.'' Ranking
Member Scott and Senator Murray followed up with Member Emanuel
on February 6, 2018, to inquire about this discrepancy and his
participation in the vote to pursue remand of Browning-Ferris.
Member Emanuel issued his clarification or correction on
February 12, 2018, claiming that he had forgotten about his
former firm's involvement at the time he participated in Hy-
Brand. However, he did not respond to any of the requests for
information in the February 6th letter.
On February 15, 2018, the NLRB transmitted to Congress a
report from the NLRB Inspector General (NLRB-IG) documenting a
``serious and flagrant problem and/or deficiency in the Board's
administration of its deliberative process and the National
Labor Relations Act with respect to the deliberation of a
particular matter.'' The NLRB-IG concluded that Member Emanuel
should have recused himself from the deliberations in Hy-Brand,
as they constituted the same particular matter involving
specific parties as Browning-Ferris. On February 23, 2018,
Committee Democrats requested a hearing on the NLRB-IG's report
in a letter to Chairwoman Foxx. No response was received. On
February 26, 2018, the NLRB vacated Hy-Brand, citing a
memorandum from the Designated Agency Ethics Official (DAEO)
agreeing with the NLRB-IG that Member Emanuel should have
recused himself. On March 22, 2018, the NLRB-IG completed a
report concluding that Member Emanuel violated the ethics
pledge found in Executive Order 13770, Ethics Commitments by
Executive Branch Appointees.
On May 9, 2018, the NLRB announced that it was considering
rulemaking to overturn Browning-Ferris. It also announced on
June 8, 2018, that it initiated a comprehensive review of its
policies and procedures governing ethics and recusal
requirements for Board members. When announcing its review,
NLRB Chairman John Ring (Chairman Ring) stated, ``[r]ecent
events have raised questions about when Board Members are to be
recused from particular cases and the appropriate process for
securing such recusals.''\11\
---------------------------------------------------------------------------
\11\Office of Public Affairs, NLRB to Undertake Comprehensive
Internal Ethics and Recusal Review (June 8, 2018), https://
www.nlrb.gov/news-outreach/news-story/nlrb-undertake-comprehensive-
internal-ethics-and-recusal-review.
---------------------------------------------------------------------------
As noted above, the NLRB issued its proposed rule to
overturn Browning-Ferris on September 14, 2018, and Ranking
Member Scott and Senator Murray submitted a letter on October
10, 2018, inquiring as to whether the NLRB completed its
internal ethics and recusal review prior to the issuance of its
proposed rule. Chairman Ring responded on October 23, 2018,
that ``[t]here is no connection between the Board's joint-
employer NPRM and our internal ethics review.''
DISCLOSURE OF EMPLOYER ``PERSUADER'' ACTIVITIES UNDER THE LABOR
MANAGEMENT REPORTING AND DISCLOSURE ACT
On June 12, 2017, DOL published a NPRM to rescind the
Persuader Rule, a 2016 rule that required employers and labor-
management consultants to disclose the identity of and amounts
paid to outside consultants who persuade employees on union
organizing campaigns. Committee Democrats submitted a comment
on August 10, 2017, urging DOL against rescinding the rule.
This comment asserted that the Persuader Rule closed a loophole
created by DOL's longstanding misinterpretation of the Labor
Management Reporting and Disclosure Act, and that the Persuader
Rule fostered transparency by informing employees of how
employers spend money in response to union campaigns. DOL
rescinded the rule on July 18, 2018.
HOME CARE WORKERS' UNION REPRESENTATION AND UNION DUES
On July 12, 2018, the Center for Medicare & Medicaid
Services (CMS) proposed to rescind a 2014 regulation affirming
that states may make payments to third parties on behalf of an
individual provider ``for benefits such as health insurance,
skills training, and other benefits customary for employees.''
This proposed rulemaking stated that its intent was to limit
the ability of home care workers to contribute their wages to
support their unions. On August 13, 2018, Committee Democrats
opposed the proposed rule in a comment letter on the grounds
that it would undermine the quality of care provided by home
care workers, which includes benefits such as job training that
home care workers' unions had secured through collective
bargaining. Committee Democrats also explained that the
proposed rule would not have the intended legal effect because
the 2014 regulation CMS is seeking to rescind governs payments
from states to third parties while union dues are paid by
employees to their unions.
OVERSIGHT OF THE MANAGEMENT AND POLICIES OF THE NLRB GENERAL COUNSEL
In January 2018, the NLRB General Counsel was reportedly
considering a restructuring of the agency's regional offices,
with a plan to demote the NLRB's Regional Directors as part of
an effort to centralize political power over the decision-
making activities of career officials. The NLRB General Counsel
also began amending the rules governing how the agency
processes unfair labor practice cases. Committee Democrats
submitted a request for information on October 15, 2017,
regarding these practices. In a letter dated March 1, 2018, the
NLRB General Counsel denied that he was considering a proposal
to restructure the agency. In June 2018, the NLRB General
Counsel informed the Committee that he was preparing to solicit
employee applications for Voluntary Early Retirement Authority
(VERA) and Voluntary Separation Incentive Payments (VSIP) to
reduce the size of the agency. Committee Democrats requested
additional information from the NLRB General Counsel on July
18, 2018, and the NLRB General Counsel responded in letters
dated August 1 and August 17, 2018.
BLOCKING WORKERS' RIGHTS TO ENGAGE IN COLLECTIVE ACTION VIA PRE-DISPUTE
ARBITRATION AGREEMENTS
In the NLRB's 2014 decision in Murphy Oil USA, Inc., it
held that an employee may not waive the right to engage in
joint, class, or collective litigation, without regard to a
pre-dispute arbitration agreement signed between the employee
and the employer. The NLRB, along with the U.S. Solicitor
General, petitioned the Supreme Court for a writ of certiorari
on September 9, 2016, to resolve a split among the U.S. Courts
of Appeals on whether to uphold the NLRB's reasoning in Murphy
Oil. Under President Trump, the Acting Solicitor General
switched sides and opposed the NLRB's position in the case. On
July 6, 2017, Ranking Member Scott joined Judiciary Committee
Democrats in a letter to Attorney General Sessions questioning
the basis for DOJ's reversal of its position. In Epic Systems
Corp. v. Lewis, the Supreme Court in 2018 ruled against the
NLRB's position and held that notwithstanding the NLRA's
protections for employees to engage in ``concerted protected
activity for mutual aid and protection,'' the Federal
Arbitration Act empowers employers to require employees to
waive their right to engage in joint, class, and collective
legal action.
Committee Democrats introduced H.R. 6080, the Workers'
Freedom to Negotiate Act on June 13, 2018, which, among its
provisions, overturns the Supreme Court's decision in Epic
Systems v. Lewis by amending the NLRA to explicitly protect
workers' rights to engage in collective legal claims.
On October 30, 2018, Committee Democrats joined Judiciary
Committee Democrats in introducing H.R. 7109, the Restoring
Justice for Workers Act, which amends the Federal Arbitration
Act to prohibit pre-dispute arbitration agreements that require
arbitration of employment disputes and further amends the NLRA
to prohibit agreements and practices that interfere with
employees' right to collectively litigate employment disputes.
This bill provides a safe harbor for arbitration agreements
that are included in collective bargaining agreements.
Workplace Safety and Health
OCCUPATIONAL SAFETY & HEALTH
In 2017, 5,147 workers were killed on the job from work-
related injuries (14 deaths per day),\12\ and employers
reported at least 3,475,000 recordable occupational injuries or
illnesses, according to the Bureau of Labor Statistics.\13\
Despite the fact that disabling injuries cost the economy $250
billion per year in both direct and indirect costs,\14\ the
Trump Administration has launched a massive rollback of
Occupational Safety and Health Administration (OSHA)
protections. To protect and strengthen job safety, Committee
Democrats have opposed these rollbacks, conducted oversight,
and introduced four job safety bills.
---------------------------------------------------------------------------
\12\Census of Fatal Occupational Injuries Summary, 2017, Bureau of
Labor Statistics (December 18, 2017). https://www.bls.gov/news.release/
cfoi.nr0.htm
\13\Industry Injury and Illness Data, Table 2, Bureau of Labor
Statistics (2017), https://www.bls.gov/iif/oshwc/osh/os/
summ2_00_2017.htm
\14\Leigh, J.P., Economic Burden of Occupational Injury and Illness
in the United States, The Milbank Quarterly, Vol. 89, No. 4 (2011).
---------------------------------------------------------------------------
On February 7, 2017, Representative Courtney and other
Committee Democrats introduced H.R. 914, the Protecting
America's Workers Act to update the Occupational Safety and
Health Act of 1970 by modernizing whistleblower protections,
strengthening penalties for criminal violations, expanding
coverage to 8.1 million state and local government workers, and
ensuring timely abatement of hazards.
On May 16, 2017, Representative Takano and other Committee
Democrats introduced H.R. 2428, the Accurate Workplace Injury
and Illness Records Restoration Act, which clarifies OSHA's
authority to issue a citation when an employer's violation of
the recordkeeping requirements continues for more than six
months from the date the employer should have first recorded
the injury. H.R. 2428 also overturns the CRA resolution of
disapproval, H.J. Res 83, Disapproving the rule submitted by
the Department of Labor relating to ``Clarification of
Employer's Continuing Obligation to Make and Maintain an
Accurate Record of Each Recordable Injury and Illness. This
bill enables OSHA to issue a rule that is substantially similar
to the one that was nullified.
On November 8, 2017, Representative DeSaulnier and other
Committee Democrats introduced H.R. 4304, the Offshore Oil and
Gas Worker Whistleblower Protection Act of 2017, which provides
offshore oil workers protections from retaliation if they blow
the whistle on unsafe work practices. This implements a key
recommendation from the National Commission on the Deepwater
Horizon Oil Spill and Offshore Drilling and the Chemical Safety
and Hazard Investigation Board. On June 11, 2018, Committee
Democrats wrote Chairwoman Foxx requesting a hearing and markup
of this bill. No response was received.
On November 16, 2018, Representative Courtney and other
Committee Democrats introduced H.R. 7141, the Workplace
Violence Prevention in Health Care and Social Services Act of
2018, which requires OSHA to develop a comprehensive workplace
violence prevention standard to protect workers in America's
health care and social service workplaces. On January 3, 2017--
shortly before the end of the Obama Administration--OSHA wrote
to Committee Democrats stating that OSHA was initiating work on
a rule to prevent violence against health care and social
service workers. However, shortly after President Trump took
office in 2017, OSHA stopped work on this rule as part of its
deregulatory agenda. This bill is based on findings from the
GAO report, Workplace Safety and Health: Additional Efforts
Needed to Help Protect Health Care Workers from Workplace
Violence, which documented that workplace violence is a serious
concern for 15 million health care workers, as well as peer
reviewed studies demonstrating that workplace violence
prevention programs and state legislation are associated with
reductions in workplace violence.
The Republican Majority has taken no legislative action to
improve workplace safety and health in the 115th Congress;
rather, it has worked to weaken job safety through legislation
and support for the Trump Administration's regulatory
rollbacks. In contrast, Democrats have worked to defend worker
safety standards.
On March 1, 2017, House Democrats broadly opposed a CRA
resolution of disapproval (H.J. Res. 83, discussed above) that
nullified an OSHA rule issued in December 2016 clarifying that
employers have a continuing obligation to record occupational
injuries and illnesses on a log, and that such duty does not
expire solely because the employer fails to create the
necessary records when first required to do so. The resolution
of disapproval passed the House by a vote of 231-191, and it
passed the Senate three weeks later by a vote of 50-48. The
President signed H.J. Res 83 on April 3, 2017. Invalidating
this rule will exacerbate the serious problem of under-
recording of injuries. The consequence is that patterns and
trends of injuries are masked from employers, employees, and
OSHA. Without this information, needed corrective actions are
not flagged to save a life or a limb.
In Spring 2017, Committee Republicans, backed by marketers
of beryllium-containing coal slag abrasives, pressed the Trump
Administration to postpone and roll back new OSHA standards
that protect shipyard and construction workers from exposure to
ultra-toxic beryllium. In a letter to OMB Director Mick
Mulvaney and Acting DOL Secretary Edward Hugler dated March 17,
2017, Ranking Member Scott opposed postponement of the rule. In
June 2017, the Trump Administration proposed the elimination of
key protections for construction and maritime workers. On
August 28, 2017, Committee Democrats, in conjunction with
Senator Warren, opposed OSHA's rollback in a letter to
Secretary Acosta. The letter pointed out that there are cost-
effective alternatives to coal slag abrasives that do not
contain unsafe levels of beryllium, such as recycled glass, and
urged DOL not to eviscerate worker health standards simply to
protect the market share of vendors selling these toxic
abrasives. On September 26, 2017, Ranking Member Scott wrote
the Director of NIOSH seeking information on a NIOSH study that
examined the beryllium content of various types of abrasives.
On October 20, 2017, NIOSH responded with a detailed technical
analysis.
During 2017 and 2018, OSHA shut down many of its safety and
health advisory committees covering construction, general
industry, maritime, federal employees, and whistleblower
protection. In both 2016 and 2017, Committee Republicans
blocked the inclusion of a provision to codify OSHA's Maritime
Advisory Committee on Occupational Safety and Health (MACOSH)
as a permanent advisory committee in defense legislation,
despite labor and industry support. Committee Republicans
insisted that a letter would suffice to ensure MACOSH would
continue. On October 4, 2017, Committee Democrats joined a
bipartisan letter from the House Shipbuilders Caucus urging
Secretary Acosta to continue MACOSH. On November 17, 2017, OSHA
responded, stating that it was working to keep MACOSH operating
past the date when its members' terms were set to expire on
January 20, 2018. However, when the terms of the members
expired in 2018, MACOSH ceased operations.
Committee Democrats opposed a legislative and an
administrative effort to eliminate OSHA's rule to Improve
Tracking of Workplace Injuries and Illnesses. That rule
requires large establishments (250 or more employees) to
electronically transmit injury and illness logs and individual
reports of injury to OSHA (with personal information removed)
on an annual basis. In a September 28, 2018, comment letter,
Committee Democrats noted that detailed injury and illness
information enables OSHA to more effectively target its scarce
inspection resources by identifying patterns and trends of
occupational injuries and illnesses at the most hazardous
worksites, without requiring inspectors to travel to each
worksite to review the paper logs. As documented at an
oversight hearing (see below) on February 27, 2018, OSHA only
has sufficient resources to inspect each workplace in its
jurisdiction once every 158 years on average; thus,
prioritization is essential to ensure the most dangerous
workplaces receive timely inspections.
Committee Democrats opposed a provision inserted in H.R. 2,
the Agriculture Improvement Act of 2018, which would weaken
OSHA's Process Safety Management (PSM) standard, a safety rule
that helps prevent catastrophic chemical releases. Touted as a
``retail exemption,'' this provision would exempt any facility
from the PSM standard that handles any of 140 hazardous
chemicals and generates more than 50% of its revenue from sales
to an ``end user''. The facility would be exempted no matter
how large the quantity of the covered chemical was
manufactured, used, or stored. This loophole, which is touted
as protecting mom-and-pop retail establishments, could,
according to OSHA, ``permit a large chemical facility to claim
retail exemption status because it sells directly to an end
user of the chemical. This could effectively eliminate the
entire chemical manufacturing sector from coverage under the
PSM standard, jeopardizing the safety and health of chemical
facility workers.''\15\ The Senate bill did not include this
provision, and the final conference report signed into law on
December 20, 2018, deleted this provision.
---------------------------------------------------------------------------
\15\Department of Labor comments on Section 9131 of the House-
enacted Agriculture Improvement Act of 2018 (H.R. 2).
---------------------------------------------------------------------------
On December 7, 2017, Committee Democrats, working with
Senate HELP Committee Democrats, released a GAO report,
Workplace Safety and Health: Better Outreach, Collaboration,
and Information Needed to Help Protect Workers at Meat and
Poultry Plants. Among its findings, GAO reported that workers
at many plants have trouble accessing the bathroom when they
need it, going so far as to shun eating or drinking during
their shifts to avoid reprimand from their supervisors for
stepping off the production line. GAO also found that OSHA
faces challenges identifying and addressing worker safety
concerns in meat and poultry plants because workers fear
employer retaliation for contacting OSHA. On February 2, 2018,
Committee Democrats, in conjunction with Ranking Member DeLauro
and Senator Murray, wrote Secretary Acosta seeking
clarification on whether OSHA inspectors will follow GAO
recommendations by asking workers about bathroom access and
conducting offsite interviews as appropriate. Additionally, DOL
was asked what steps it will take to better protect contracted
sanitation workers who clean and disinfect meat and poultry
plants and experience some of the highest amputation rates in
the country. OSHA replied on March 19, 2018, agreeing to
implement GAO's key recommendations.
On December 13, 2017, Committee Democrats joined with the
Congressional Black Caucus in a letter to U.S. Secretary of
Agriculture Sonny Perdue urging USDA to reject a petition from
the chicken processing industry that would exempt poultry
plants from line speed limits set by Food Safety and Inspection
Service rules. The letter noted that an increase from the
current line speed limit of 140 birds per minute would
exacerbate worker injuries, including carpal tunnel syndrome
and amputations.
On February 27, 2018, the Workforce Protections
Subcommittee held its only hearing on workplace safety and
health in the 115th Congress, which was titled A More Effective
and Collaborative OSHA: A View from Stakeholders. Prior to
this, nearly two years passed since the Committee last held a
hearing on workplace safety. During the hearing, Committee
Republicans labeled OSHA's standards burdensome and called for
more agency cooperation with employers and expanded compliance
assistance. Committee Democrats noted that OSHA is under-
resourced and only has enough inspectors to visit each facility
in its jurisdiction once every 158 years on average, which
requires them to maintain public awareness on workplace safety.
Committee Democrats invited expert testimony from Dr. David
Michaels, who previously served as the Assistant Secretary of
OSHA from 2009-2017. Dr. Michaels pointed out that ``compliance
assistance is useful for those employers who voluntarily want
to protect their employees,'' but it is ``no substitute for
protective standards and strong, fair enforcement'' in
preventing injuries. Dr. Michaels also called for the enactment
of H.R. 2428, the Accurate Workplace Injury and Illness Records
Restoration Act, which would restore OSHA's authority to cite
employers who do not maintain accurate injury and illness logs.
On June 28, 2018, Committee Democrats requested that GAO
assess how OSHA is using the annual summaries of injury and
illnesses data it collected in 2016 and 2017 to target its
scarce inspection resources as well as whether OSHA is abiding
by its commitment to make this facility-specific information
available to the public on its website.
MINE SAFETY AND HEALTH
Over the past eight years, Committee Democrats have called
for a bipartisan effort to reform our nation's mine safety
laws, particularly in light of the lessons learned from the
April 2010 Upper Big Branch (UBB) mine disaster. That mine
explosion, which took the lives of 29 miners on April 5, 2010,
was the worst coal mine disaster in 40 years, and it revealed
significant weaknesses in the Federal Mine Safety and Health
Act of 1977 (Mine Act). These weaknesses include: the Mine
Safety and Health Administration's (MSHA) lack of subpoena
authority for inspections and investigations; weak criminal
sanctions for knowing violations of mandatory safety standards;
and insufficient tools to collect overdue penalties, which
allows scofflaws to readily escape paying delinquent civil
fines.
On April 5, 2017, Committee Democrats introduced H.R. 1903,
the Robert C. Byrd Mine Safety Protection Act of 2017, which,
among its provisions, strengthens criminal sanctions under the
Mine Act by making it a felony for an operator to knowingly
violate mine safety standards and recklessly expose miners to
risk of injury, illness, or death. Committee Republicans
repeatedly stalled on legislation for the past eight years,
stating that they wanted to wait for all of the UBB accident
investigation reports to be completed. All six investigation
reports were completed; the last report was released over six-
years ago, in February 2012.
On February 6, 2018, the Workforce Protections Subcommittee
held its sole hearing on mine safety in the 115th Congress.
Entitled Reviewing the Policies and Priorities of the Mine
Safety and Health Administration, this was the Committee's
first hearing on mine safety in over two years and the only
witness was Mr. David Zatezalo, the Assistant Secretary for
Mine Safety and Health at DOL's MSHA. At this hearing, Mr.
Zatezalo declined to answer what steps MSHA would take in light
of recent NIOSH studies documenting a resurgence in the most
severe forms of black lung disease. Democrats sought assurances
that MSHA, as part of the Administration's deregulatory agenda,
would not roll back any part of MSHA's 2014 respirable dust
rule, which is aimed at helping end the scourge of black lung
disease--a workplace illness that has already taken the lives
of 70,000 coal miners. At this hearing, Committee Democrats
probed a potential conflict of interest with Mr. Zatezalo: in
his previous capacity as a coal mine executive, Mr. Zatezalo
had served on the Board of Directors of the Kentucky and Ohio
Coal Associations, both of which had sued MSHA to invalidate
the agency's Pattern of Violations rule and were now in
negotiations with MSHA to settle the litigation.
BLACK LUNG DISEASE
In the face of inaction by the Committee Majority regarding
mine safety, Committee Democrats held four events (roundtables
and briefings) to shine a spotlight on the resurgence of black
lung disease and options to address the problem.
On March 6, 2017, Committee Democrats held a roundtable
with leaders of black lung clinics from across Kentucky,
Pennsylvania, West Virginia, and Virginia, along with leading
researchers and physicians from Illinois and Virginia. The
clinics' leaders shared that they are diagnosing rapidly
increasing rates of progressive massive fibrosis (PMF)--the
most lethal form of black lung disease--and they lack the
capacity to keep up with the surge of miners seeking
assistance. In response, Ranking Member Scott and
Representative Morgan M. Griffith (R-VA) led a bipartisan House
letter to President Trump urging him to increase funding for
the black lung clinics program in his budget request for Fiscal
Year 2018.
On July 13, 2017, Committee Democrats hosted a briefing
with NIOSH Director John Howard and his staff regarding their
efforts to document the rise in the number of cases of PMF
among coal miners in southwest Virginia. In light of the
National Public Radio investigation that found that NIOSH had
undercounted the number of PMF cases by at least tenfold, and a
subsequent request from House and Senate Democrats asking NIOSH
to quantify the total number of PMF cases, NIOSH outlined their
recent efforts at the briefing. They confirmed a large cluster
of PMF cases based on their review of lung x-rays from coal
miners in southwest Virginia and eastern Kentucky.
On June 28, 2018, Committee Democrats hosted a bipartisan
briefing with the National Academy of Sciences on the findings
from a congressionally-mandated study that examined the
monitoring of coal miners' exposure to respirable coal mine
dust. The report found that monitoring and sampling of dust
exposures needs to go beyond current regulatory requirements to
be effective. The report underscored that increased silica
exposure from thin seam mining is a likely cause in the surge
of PMF. The report identified the advent of new NIOSH-developed
silica monitoring technology and called for its adoption as a
next logical step in addressing the problem.
On September 24, 2018, Committee Democrats, spurred by the
National Academy of Sciences report, hosted a bipartisan
briefing for Jessica Kogel, Director of NIOSH's Office of Mine
Safety and Health Research, and her staff featuring a
demonstration of new field-based technology that would enable
mine operators to monitor miners for silica exposure at the end
of every shift. This low-cost technology could help reduce the
incidence of black lung by allowing mine operators to know when
miners are overexposed. Silica, which is ten to 20 times as
toxic as coal dust, is seen as a likely culprit contributing to
rising levels of PMF. NIOSH scientists at this briefing
explained that silica exposure is increasing because as thicker
coal seams have been mined out, operators are mining thinner
coal seams that result in larger amounts of quartz-bearing rock
being cut along with coal.
MINE SAFETY ENFORCEMENT
On August 28, 2018, MSHA terminated a Pattern of Violations
(POV) sanction against a West Virginia coal mine where there
had been two fatalities, despite a statutory requirement that
the mine must fully rehabilitate its safety record before
securing enforcement relief. On September 21, 2018, Committee
Democrats requested documents and internal agency
communications relating to this unprecedented decision. The
oversight request questioned whether MSHA's decision to
prematurely terminate the POV--the agency's most powerful
administrative enforcement tool--exceeded its statutory
authority. This same question had been raised in a dissent by a
Federal Mine Safety and Health Review Commissioner in an August
28, 2018 opinion opposing the arrangement that allowed MSHA to
terminate the POV.\16\ In its October 1, 2018, reply, MSHA
conceded that the mine had not fully rehabilitated itself, and
it provided no legal basis for trampling the statutory mandate
that only authorizes MSHA to terminate a POV sanction if no
significant and serious violations have been cited during a
complete mine inspection. MSHA also failed to provide internal
agency communications which led to this decision. Instead, MSHA
justified the decision based on improvements made at the mine
since 2013 and vague references to ongoing litigation regarding
a challenge to the POV rule.
---------------------------------------------------------------------------
\16\The Mine Safety and Health Administration et al v. Pocahontas
Coal, Federal Mine Safety and Health Review Commission, Order vacating
Petition for Discretionary Review by Pocahontas Coal for cases WEVA
2014-395-R, WEVA 2014-1028, WEVA 2015-854, Dissent of Commissioner
Robert F. Cohen, Jr. (August 28, 2018).
---------------------------------------------------------------------------
Federal Workers' Compensation Programs
BLACK LUNG BENEFITS ACT
The Committee held no hearings on the Black Lung Benefits
Act (BLBA) in the 115th Congress. Such oversight would have
been especially timely because: (1) a statutory 55% cut in the
excise tax rate on coal that funds the Black Lung Disability
Trust Fund (BLDTF), which covers over 25,000 beneficiaries, was
scheduled to go into effect--and did in fact go into effect--on
December 31, 2018; (2) DOL's Office of Workers' Compensation
Programs documented that the number of approved cases of black
lung involving PMF grew at an average rate of 20% per year
between 2012 and 2016, according to a February 24, 2017, letter
from DOL to Ranking Member Scott; and (3) Trust Fund
liabilities have been increasing due to DOL's apparent
inability to place a lien on the assets of coal companies
during bankruptcy proceedings to secure the future cost of
black lung benefit claims.
Due to a disparity in medical and legal resources between
coal miners and coal companies or their insurers, the
adversarial claims adjudication process has been tilted against
claimants. On April 5, 2017, Ranking Member Scott and
Representative Cartwright introduced H.R. 1912, the Black Lung
Benefits Improvement Act of 2017, to help level the playing
field, so that claimants who have meritorious claims can secure
the benefits they are entitled to under the law. This bill
addresses the difficulty black lung claimants have in securing
legal representation due to a limited pool of black lung
attorneys, which is a concern that was raised by GAO in 2009
and by the DOL-IG in 2017.
On September 27, 2017, the DOL-IG released the report
entitled Effect of OALJ Staffing Levels on the Black Lung Case
Backlog, which was requested by Committee Democrats. The report
evaluated options to reduce a pendency of black lung cases
within DOL's Office of Administrative Law Judges (OALJ), which
had grown to an average 46 months.
On June 4, 2018, Ranking Member Scott and House Ways and
Means Committee Ranking Member Richard E. Neal (D-MA) (Ranking
Member Neal) released a GAO report, Black Lung Benefits
Program: Options for Improving Trust Fund Finances. The report
projected that Trust Fund debt will rise from its current level
of approximately $5 billion to $15 billion in 2050 if the coal
excise tax rate is allowed to sunset. Since Committee
Republicans did not hold a hearing on DOL's Fiscal Year 2019
budget request, there was no opportunity to probe Secretary
Acosta on the Administration's plans to ensure the solvency of
the Trust Fund.
FEDERAL EMPLOYEES' COMPENSATION ACT
During the 115th Congress, Committee Democrats continued
oversight from the 114th Congress on policies to stem the
spiraling costs of compounded prescription drugs being
prescribed to injured workers under the Federal Employees'
Compensation Act (FECA). Programmatic weaknesses in detecting
and stopping provider fraud allowed FECA's costs for compounded
pharmaceuticals to skyrocket from an estimated $2.5 million to
$263 million between 2011 and 2016, according to data provided
by the DOL-IG. Substantial reforms were implemented following
joint oversight by Committee Democrats in conjunction with
Oversight and Government Reform Committee Democrats during the
114th Congress, but new forms of provider fraud continue to
challenge the program. On May 23, 2017, the DOL-IG made a
series of legislative recommendations to reduce provider fraud
from compounded drugs in an Interim Report on Audit of
Pharmaceutical Management in DOL Benefit Programs: OWCP Needs
Better Controls Over Compounded Prescription Drugs; however,
the Committee Majority has failed to schedule hearings or a
markup to consider these reforms.
On May 8, 2018, the Workforce Protections Subcommittee held
a hearing entitled The Opioid Epidemic: Implications for the
Federal Employees' Compensation Act. DOL faces the challenge of
the nationwide opioid drug epidemic through its federal
workers' compensation program. Through the end of Fiscal Year
2017, the FECA program was paying for approximately 19,000 new
opioid prescriptions annually and had a legacy population of
approximately 27,000 injured workers receiving opioid
medications on an ongoing basis. Committee Democrats invited
expert testimony from Mr. Joe Paduda, President of CompPharma,
LLC. Although DOL implemented some limited prescribing reforms
in August 2017, Mr. Paduda testified that DOL's policies
regarding opioids are ``five or six years behind the rest of
the workers' compensation industry.'' He noted that under FECA,
``prescribers are allowed to prescribe two different opioids
for up to 60 days without any letter of medical necessity, much
less any pre-screen, drug testing, opioid agreement, or
functionality impact evaluation . . . most guidelines allow no
more than 7 days, and then only if prescribing meets stringent
tests.'' While evidence-based, post-injury pain management is
key to decreasing opioid abuse, Committee Democrats emphasized
that eliminating or controlling workplace hazards to prevent
workplace injuries should be the first line of attack.
Committee Democrats noted that DOL did not appear as a witness
at the hearing and requested that the Majority seek DOL's
participation at a follow-up hearing.
DOL's Fiscal Year 2019 budget request called for cutting
benefit levels under FECA, including cutting benefit levels for
disabled workers with dependents and reducing benefits for
disabled workers at retirement age. On June 28, 2018, Committee
Democrats requested that GAO update its previous economic
analysis from 2012 that evaluated the adequacy of FECA
benefits.
LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT
On October 10, 2017, Committee Democrats wrote Armed
Services Committee conferees opposing a provision in the House
version of H.R. 2810, the National Defense Authorization Act
(NDAA) for Fiscal Year 2018, that would block the eligibility
of injured shipyard workers who repair large recreational
vessels--especially luxury yachts and other large boats over
65, in length--to receive benefits under the Longshore and
Harbor Workers' Compensation Act (LHWCA). LHWCA provides fairer
and greater benefits to injured workers than most state
workers' compensation laws. The provision was not included in
the Senate NDAA and was dropped from the final conference
report.
Retirement Security
DEPARTMENT OF LABOR'S FIDUCIARY RULE
In 2016, the Obama Administration issued a final rule
updating the Employee Retirement Income Security Act of 1974
(ERISA). DOL's Conflict of Interest Rule, commonly known as the
``fiduciary rule,'' ensures that financial advisors are held to
a fiduciary standard when providing investment advice to their
retirement clients. However, before the rule could be fully
implemented, President Trump sought review of the rule.
Committee Democrats opposed the Trump Administration's and
Republican Majority's efforts to delay and repeal the fiduciary
rule. On March 17, 2017, Committee Democrats joined with
Financial Services Committee Democrats and wrote to DOL
opposing its delay of the rule. On September 15, 2017, Ranking
Member Scott, Ranking Member Waters, Senator Murray, Senate
Finance Committee Ranking Member Ron Wyden (D-OR) (Senator
Wyden), and Senate Committee on Banking, Housing, and Urban
Affairs Ranking Member Sherrod Brown (D-OH) (Senator Brown)
urged DOL not to move forward with an 18-month delay in the
implementation of the fiduciary rule. Additionally, on May 2,
2017, Ranking Member Scott wrote a letter to Chairwoman Foxx
requesting that she not waive the Committee's jurisdiction over
H.R. 10, the Financial CHOICE Act of 2017, that included
provisions repealing the fiduciary rule. Chairwoman Foxx did
not formally respond to the Ranking Member's letter and failed
to assert the Committee's jurisdiction over the bill.
On May 18, 2017, the HELP Subcommittee held a hearing
entitled Regulatory Barriers Facing Workers and Families Saving
for Retirement. Committee Democrats emphasized their
willingness to work on meaningful bipartisan solutions to help
Americans achieve a secure and dignified retirement.
Unfortunately, Republican Majority and Trump Administration
policies--such as undermining the fiduciary rule--are harming
working people's ability to save for retirement. Committee
Democrats invited expert testimony from Dr. Jason Furman, who
served as President Obama's chair of the Council of Economic
Advisers. Dr. Furman echoed Committee Democrats' support for
the fiduciary rule. He also importantly connected the subject
matter of the hearing with the repeated Republican Majority
attempts to repeal the Patient Protection and Affordable Care
Act (Affordable Care Act or ACA). Specifically, Dr. Furman
noted that repealing the ACA would have a net effect of
reducing Americans' after-tax incomes, thus increasing their
financial insecurity and causing them to cut back on a wide
range of activities--including saving for retirement.
On July 19, 2017, the Committee marked-up H.R. 2823, the
Affordable Retirement Advice for Savers Act. This bill repeals
the fiduciary rule and replaces it with a substandard
alternative filled with loopholes that will weaken consumer
protections. Representative Adams offered a substitute
amendment to codify DOL's fiduciary rule into law. The
amendment failed by a voice vote. Committee Democrats
unanimously opposed the motion to favorably report the bill to
the House.
CONGRESSIONAL REVIEW ACT RESOLUTIONS NULLIFYING DEPARTMENT OF LABOR
RETIREMENT RULES
During the 115th Congress, Committee Democrats opposed
Republican Majority efforts to nullify two DOL retirement
savings rules that would expand savings options for private
sector workers who lack an employer-sponsored retirement plan.
Several states have responded to the retirement security crisis
by establishing state-based retirement savings programs. New
York City and other municipalities have been considering doing
the same. One of the concerns is uncertainty regarding the
applicability of ERISA to state or local government-sponsored
payroll deduction plans. DOL rules created a safe harbor to
remove the uncertainty on whether ERISA would apply to
employers, states, and certain municipalities. On February 15,
2017, House Republicans--over the nearly unanimous objections
of House Democrats--passed the following two CRA resolutions of
disapproval: H.J. Res. 66, Disapproving the rule submitted by
the Department of Labor relating to savings arrangements
established by States for non-governmental employees, and H.J.
Res. 67, Disapproving the rule submitted by the Department of
Labor relating to savings arrangements established by qualified
State political subdivisions for non-governmental employees.
These resolutions nullified the DOL rules and will prevent DOL
from reissuing any substantially similar ones in the future.
The Senate followed suit and the President signed the
resolutions of disapproval into law on May 17, 2017 and April
13, 2017, respectively.
SUBCOMMITTEE HEARING ON RETIREMENT SAVINGS LEGISLATION
On May 16, 2018, the HELP Subcommittee held a hearing
entitled Enhancing Retirement Security: Examining Proposals to
Simplify and Modernize Retirement Plan Administration. The
hearing focused on four bipartisan retirement savings bills:
H.R. 854, the Retirement Security for American Workers Act;
H.R. 4158, the Retirement Plan Modernization Act; H.R. 4604,
the Increasing Access to a Secure Retirement Act of 2017; and
H.R. 4610, the Receiving Electronic Statements to Improve
Retiree Earnings (RETIRE) Act. During the hearing, Committee
Democrats expressed concern that too many Americans lack access
to a retirement savings plan through their employer, and too
few are saving enough on their own to enjoy a stable and
dignified retirement. Committee Democrats urged Committee
Republicans to mark-up the bills and pressed for further action
to expand workers' access to retirement savings plans.
Committee Democrats invited expert testimony from Dr. Mark
Iwry, who served as Senior Advisor to the Secretary of the
Treasury during the Obama Administration. Dr. Iwry praised the
Subcommittee's bipartisan approach, raised several constructive
points regarding how the bills could be strengthened and
improved moving forward, and urged consideration of other
legislative proposals--such as automatic enrollment into an
IRA--to increase workers' access to retirement savings plans.
MULTIEMPLOYER PENSIONS AND THE PENSION BENEFIT
GUARANTY CORPORATION
On November 29, 2017, the HELP Subcommittee held a hearing
entitled Financial Challenges Facing the Pension Benefit
Guaranty Corporation (PBGC): Implications for Pension Plans,
Workers, and Retirees. The Pension Benefit Guaranty Corporation
(PBGC) operates two separate insurance programs: one for
single-employer pension plans, and one for multiemployer
pension plans (collectively bargained plans with more than one
employer). The multiemployer pension program is currently
projected to run out of money by the end of 2025, if not
sooner. During the hearing, Committee Democrats pressed for
bipartisan action to address the multiemployer pension
program's looming insolvency. Mr. Tom Reeder, who serves as
Director of the PBGC, was the only witness. Director Reeder
reaffirmed the urgency for Congress to act. Specifically,
Director Reeder made clear that the longer it takes to improve
the solvency of the multiemployer program, the more disruptive
and painful the changes will be for participants, plans, and
employers.
JOINT SELECT COMMITTEE ON THE SOLVENCY OF MULTIEMPLOYER PENSION PLANS
The Joint Select Committee on the Solvency of Multiemployer
Pension Plans (Joint Select Committee) was established as part
of the Bipartisan Budget Act of 2018. Under that law, the Joint
Select Committee was required to produce recommendations and
legislative language by November 30, 2018, to significantly
improve the solvency of multiemployer pension plans and the
PBGC. House Democratic Leader Nancy Pelosi appointed Ranking
Member Scott and another Committee Democrat, Representative
Norcross, to serve on the Joint Select Committee.
On March 14, 2018, the Joint Select Committee convened its
first public meeting to formally organize and approve its
rules. On April 18, 2018, the Joint Select Committee convened
its first public hearing entitled The History and Structure of
the Multiemployer Pension System. The hearing was intended to
provide Joint Select Committee members with an overview of the
multiemployer system and the crisis confronting it. On May 17,
2018, the Joint Select Committee convened its second public
hearing entitled The Structure and Financial Outlook of the
Pension Benefit Guaranty Corporation. The hearing was intended
to provide Joint Select Committee members with a better
understanding of the PBGC and its financial outlook. On June
13, 2018, the Joint Select Committee convened its third public
hearing entitled Employer Perspectives on Multiemployer Pension
Plans. The hearing was intended to provide Joint Select
Committee members insight into how businesses of all sizes are
at risk by the multiemployer pension crisis. On July 13, 2018,
the Joint Select Committee convened its fourth public hearing
entitled Understanding What's at Stake for Current Workers and
Retirees. The hearing took place in Columbus, Ohio, and enabled
Ohio-based workers, employers, and retirees to discuss how the
multiemployer pension crisis impacts them directly. On July 25,
2018, the Joint Select Committee convened its fifth public
hearing entitled How the Multiemployer Pension System Affects
Stakeholders. The hearing enabled stakeholders to discuss
challenges with the current multiemployer pension system and
suggest possible policy options for the Joint Select
Committee's consideration.
During the hearings, Ranking Member Scott consistently
emphasized that the price tag of any bipartisan solution the
Joint Select Committee might reach would be far less than the
cost of doing nothing. If multiemployer pension plans fail and
the PBGC goes insolvent, it will be catastrophic for workers,
retirees, employers, and local communities, including reduced
federal, state, and local tax revenues and increased social
safety net spending on food stamps, Medicaid, and other
assistance programs.
DEPARTMENT OF LABOR'S FEE DISCLOSURE RULES
On August 21, 2018, Ranking Member Scott and Senator Murray
requested that GAO review DOL's fee disclosure rules pertaining
to 401(k) plan sponsors and plan participants in order to
examine whether the rules have been effective or need to be
improved. These rules require the disclosure of costs
associated with 401(k) plans and are intended to help workers
evaluate the reasonableness of fees and expenses. GAO responded
that it accepted the request and is beginning its review.
Civil Rights--Workforce Protection and Employment Discrimination
Committee Democrats have emphasized the continued need for
robust civil rights protections in the workplace and sound data
to inform its enforcement of employment discrimination laws.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
On May 23, 2017, the Workforce Protections Subcommittee
held a hearing entitled The Need for More Responsible
Regulatory and Enforcement Policies at the EEOC. Committee
Democrats highlighted the Equal Employment Opportunity
Commission's (EEOC) inadequate funding to address a backlog of
discrimination charges. Committee Democrats also highlighted
the importance of the EEOC's guidance documents, systemic and
individual litigation as effective tools to prevent and remedy
discrimination, and the EEOC's efficiencies in case handling
through conciliation and mediation programs. Committee
Democrats invited expert testimony from Mr. Todd Cox, Director
of Policy at the NAACP Legal Defense and Education Fund, who
emphasized discrimination's pervasive presence in the workplace
today and reminded the Committee that the EEOC's work is far
from over. He further testified that the EEOC must be able to
develop new and innovative ways to combat unlawful
discrimination.
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
The Fiscal Year 2018 budget request for DOL proposed to
merge DOL's Office of Federal Contract Compliance Programs
(OFCCP) into the EEOC. On September 13, 2017, Committee
Democrats and Judiciary Committee Democrats amended the House
Labor-HHS-ED appropriations bill to prohibit the use of funds
to prepare for or facilitate the transfer of OFCCP into EEOC.
PAY DATA COLLECTION
On September 26, 2016, after months of public comments,
EEOC released its revised EEO-1 form to collect pay data as it
relates to sex, race, or ethnicity. Committee Democrats
expressed support for the collection of this data because it
would help EEOC and OFCCP better enforce the nation's pay
discrimination laws. OMB approved the revised EEO-1 form in
2016. However, on August 29, 2017, OMB's Office of Information
and Regulatory Affairs (OIRA) reversed its position and issued
a stay of the EEO-1 form's updates. On October 22, 2018,
Committee Democrats, along with Representative Beyer, sent a
letter to OMB asking the agency to rescind the stay.
International Labor Rights
NORTH AMERICAN FREE TRADE AGREEMENT
The Bipartisan Congressional Trade Priorities and
Accountability Act of 2015, legislation to reauthorize Trade
Promotion Authority (TPA), was signed into law on June 29,
2015. TPA established the House Advisory Group on Negotiations
(HAGON)--comprised of the chairman and ranking member (or their
designees) of the Committees in the House of Representatives
that have, under House Rules, jurisdiction over provisions of
law affected by trade agreements; HAGON includes the Education
and the Workforce Committee chair and ranking member. HAGON has
been particularly focused on the Administration's efforts to
renegotiate the North American Free Trade Agreement (NAFTA)
along with the pursuit of other trade agreements.
On June 12, 2017, Committee Democrats submitted comments
regarding the NAFTA renegotiation and emphasized that any
renegotiation of NAFTA must promote a fair-trade agenda that
prioritizes and improves the lives of working families at home
and abroad. The comment letter noted that priorities of a new
NAFTA framework should include robust labor rights, worker
protections, and enforceable rules that ensure compliance of
labor standards across the continent. The letter underscored
that without enforceable compliance of labor rights, a trade
agreement could increase inequality and accelerate a global
``race-to-the-bottom.''
On July 14, 2017, House Democrats wrote to President Trump
to explain their framework for a new NAFTA, entitled Worker's
Bill of Rights. They outlined their priorities, including
strong labor and environmental standards with effective
enforcement; eliminating the Investor State Dispute Settlement
(ISDS) provision; ending foreign tribunals that undermine U.S.
trade enforcement laws; lowering the cost of prescription
drugs; and protecting U.S. energy policy.
On January 23, 2018, House Democrats wrote to United States
Trade Representative Robert Lighthizer (USTR Lighthizer) to
express concern with the current negotiations on NAFTA,
specifically to emphasize that any new NAFTA text must have
strong, clear, and binding provisions that address Mexico's
labor conditions. The letter noted that Mexico has yet to make
meaningful progress on the suppression of wages, the lack of
independent unions, and the inability of workers to
collectively bargain. The letter urged the Administration to
fix the faults of the original NAFTA by holding Mexico
accountable for its labor practices and to ensure strong labor
standards for all workers.
On April 20, 2018, House Democrats wrote to USTR Lighthizer
to express their concern with the March 22, 2018, legislation
introduced before the Mexican Senate that would maintain the
corrupt system that prevents Mexican workers from exercising
their freedom to organize and bargain for higher wages. The
letter emphasized that the legislation would undermine ongoing
efforts to create a fair playing field for U.S. workers and
U.S. businesses through NAFTA renegotiation, specifically
noting the unchanging wage disparity between the U.S. and
Mexico in the 24 years NAFTA has been in effect.
COLOMBIA
Committee Democrats took various steps to encourage
oversight of existing trade agreements and to encourage
governments to respect internationally recognized labor rights.
On March 22, 2017, Ranking Member Scott and House Democrats
wrote to USTR Lighthizer and Secretary Acosta to request that
the Administration withhold support of the Government of
Colombia's (GOC) accession to the Organization for Economic
Cooperation and Development (OECD) until GOC addresses
significant longstanding violations of fundamental labor
rights. The DOL Deputy Undersecretary for International Affairs
responded in April 2017 outlining DOL's view that the GOC had
made meaningful progress in the area of labor rights.
On July 19, 2017, House Democrats who are members of the
Congressional Monitoring Group on Labor Rights in Colombia
wrote to USTR Lighthizer and Secretary Acosta to emphasize
significant concern regarding the failure of the Colombian
government to implement and effectively enforce provisions in
the U.S.-Colombia Trade Promotion Agreement and the Labor
Action Plan. The letter cited the May 2016 petition filed by
AFL-CIO and several Colombian labor unions alleging numerous
labor obligation violations as required under the free trade
agreement as well as the January 2017 International Labor
Affair Bureau (ILAB) report that found significant concerns
regarding GOC's progress in TPA compliance. The letter
concluded by expressing concern over a lack of Trump
Administration leadership regarding labor rights in Colombia,
and to emphasize recent events in Colombia that resulted in the
murder of ten Colombian union leaders. A response letter was
received from DOL indicating that DOL's work to address the
issues identified in the July 19th letter is ongoing.
BANGLADESH
On February 23, 2017, Ranking Member Scott and House
Democrats wrote to Bangladeshi Prime Minister Sheikh Hasina to
express concern over the arrest and detention of workers'
rights leaders in the garment industry and to highlight
Bangladesh's criminalization of the lawful exercise of labor
rights. The letter noted the recent pattern of arrests,
surveillance, and harassment of garment worker union members
and leaders in Bangladesh and urged for the government to drop
all unsubstantiated charges. No response was received.
Department of Labor Budget and Administration
FISCAL YEAR 2018 BUDGET REQUEST
On May 2, 2017, Ranking Member Scott asked Chairwoman Foxx
to invite the secretaries of the cabinet agencies within the
Committee's jurisdiction (Labor, Education, Health and Human
Services, and Agriculture) to testify about their respective
budget requests, particularly in light of preliminary Fiscal
Year 2018 proposals to scale back ED by 13%, HHS by 17.9%, and
DOL by 21%. On November 15, 2017, Secretary Acosta appeared
before the Committee, six months after the Fiscal Year 2018
budget request was submitted but before appropriations
legislation had concluded. Committee Democrats pressed the
Secretary on his agency's first ten months of activity, which
included initiatives to sabotage the Affordable Care Act,
undermine access to contraceptive care services, attack
overtime pay and workplace safety, weaken apprenticeship
standards, and delay protections for retirement savers.
Secretary Acosta did not testify on DOL's Fiscal Year 2019
budget request.
BUREAU OF LABOR STATISTICS PATHWAYS PROGRAM
On August 31, 2017, Ranking Member Scott wrote to Secretary
Acosta to express concern regarding letters sent by DOL
terminating nineteen of the Bureau of Labor Statistics' (BLS)
Pathways Program employees. The letter noted that the Pathways
Program, which uses an apprenticeship model, is an effective
method of recruiting, training, and retaining entry-level
economists, and a plan to eliminate the Pathways Program
demonstrates a failure to lead by example on apprenticeships.
The letter requested documentation on the decision to eliminate
the Pathways Program positions. DOL's October 17, 2017,
response did not address many of the issues raised in the
letter, nor did it provide the requested documentation.
SECURITY DETAIL FOR THE SECRETARY OF LABOR AND OTHER DEPARTMENT OF
LABOR OFFICIALS
In 2017, Secretary Acosta requested that Congress authorize
legislation to establish a permanent security detail to cover
his security and that of his family, as well as the Deputy
Secretary and any other DOL official standing in for the
Secretary. This legislation was requested following a decision
by the DOL-IG to phase out the provision of security services
for the Secretary of Labor. Aware of the need for appropriate
security arrangements for the Secretary of Labor, who is within
the chain of succession, Committee Democrats agreed to
temporary legislation; at the same time, aware of the
documented abuse of security details by other Administration
officials, oversight was conducted on spending levels, the
number of full time equivalent employees carrying out the
security function, the cost for such security on overseas
travel, and the use of the security detail by the Deputy
Secretary and other senior agency staff under this temporary
authority.
Health Care
ATTEMPTS TO REPEAL THE AFFORDABLE CARE ACT
The Affordable Care Act, signed into law on March 23, 2010,
was enacted to improve and expand access to health insurance
for individuals across the nation. The ACA provided for more
comprehensive health benefits in health coverage, with the goal
of minimizing costs and improving quality. On January 13, 2017,
the House Republican Majority approved a Senate-passed Fiscal
Year 2017 budget resolution laying the groundwork for repealing
large portions of the ACA through the budget reconciliation
process. On January 11, 2017, Ranking Member Scott, along with
House Committee on Energy and Commerce Ranking Member Frank J.
Pallone (D-NJ) (Ranking Member Pallone) and Ranking Member
Neal, wrote their respective Committee Chairs to ask for a
transparent and public process for any legislation to repeal
the ACA.
On January 20, 2017, President Trump issued Executive Order
13765, Minimizing the Economic Burden of the Patient Protection
and Affordable Care Act Pending Repeal. The Executive Order
directed executive branch departments and agencies to take
steps to use their authority and discretion ``to the maximum
extent permitted by law'' to waive, defer, grant exemptions
from, or delay the implementation of certain provisions and
requirements of the ACA. On February 8, 2017, Ranking Member
Scott, along with Ranking Member Pallone, Ranking Member Neal,
and House Budget Committee Ranking Member John A. Yarmuth (D-
KY), wrote to the Departments of Health and Human Services
(HHS), Treasury, and Labor expressing concerns with
implementation of the Executive Order. The letter specifically
addressed the Executive Order's proposals to expand association
health plans (AHPs) and expand the allowable duration of short-
term, limited duration insurance, undermining existing ACA
protections. No response was received.
On February 1, 2017, the Committee held a hearing entitled
Rescuing Americans from the Failed Health Care Law and
Advancing Patient-Centered Solutions, during which Committee
Republicans reiterated their opposition to the ACA and laid the
foundation for further discussion of ACA repeal and
``replacement'' ideas. Committee Democrats invited Ms. Angela
Schlaak of St. Joseph, Michigan, to share her personal story of
how the ACA benefited her and her family. During the hearing,
Committee Democrats highlighted the progress made since the
ACA's enactment, including increased consumer protections for
job-based coverage. They also highlighted the negative impacts
of repeal. According to estimates, repeal would leave 30
million Americans without health insurance and cost the economy
2.6 million jobs nationwide.\17\ Committee Democrats also
unveiled a report entitled Accessible, Affordable Health Care--
A Right, Not a Privilege: How Repeal of the Affordable Care Act
Threatens the Health and Economic Security of Working Families.
The report highlighted ten key ways in which the law benefits
workers and their families and how ACA repeal would impact
working people. On March 1, 2017, against the backdrop of
developing repeal proposals, the Committee held a hearing on
three unrelated legislative proposals entitled Legislative
Proposals to Improve Health Care Coverage and Provide Lower
Costs for Families. Committee Democrats focused on how the
Republican Majority's repeal proposals would halt the progress
of ACA coverage and result in less comprehensive health care
coverage. Committee Democrats invited expert testimony from Ms.
Lydia Mitts, the Associate Director of Affordability
Initiatives at Families USA, who also underscored how the
Republican Majority's proposals would result in higher costs
for many working people.
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\17\The Commonwealth Fund, What Are the Potential Effects of the
Graham-Cassidy ACA Repeal-and-Replace Bill? Past Estimates Provide Some
Clues (September 20, 2017), https://www.commonwealthfund.org/blog/2017/
what-are-potential-effects-graham-cassidy-aca-repeal-and-replace-bill-
past-estimates.
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In March 2017, the Republican Majority introduced H.R.
1628, the American Health Care Act, a bill to partially repeal
the ACA through the budget reconciliation process. The
Congressional Budget Office (CBO) projected the bill would
leave 24 million more individuals uninsured by 2026.\18\ On
March 24, 2017, as Committee Democrats spoke in opposition to
H.R. 1628 during floor debate in the House, the Republican
Majority halted floor consideration of the bill. The Republican
Majority subsequently passed an amended version of H.R. 1628--
without an updated Congressional Budget Office score--on May 4,
2017.
---------------------------------------------------------------------------
\18\Congressional Budget Office, Cost Estimate, American Health
Care Act Budget Reconciliation Recommendations of the House Committees
on Ways and Means and Energy and Commerce, March 9, 2017 (March 13,
2017), https://www.cbo.gov/sites/default/files/115-congress-2017-2018/
costestimate/americanhealthcareact.pdf.
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After efforts to repeal the ACA ultimately failed in the
Senate, Committee Democrats wrote Republican House leadership
and the Chairs of the House Committees on Education and the
Workforce, Energy and Commerce, Ways and Means, and Budget on
July 28, 2017, reiterating interest in working together to make
improvements to the ACA, such as lowering costs, promoting
stability in the individual market, and expanding access to
coverage. Committed to building on the progress of the ACA,
Committee Democrats supported H.R. 5155, the Undo Sabotage and
Expand Affordability of Health Insurance Act of 2018. This
legislation strengthens the ACA, makes coverage more
affordable, and undoes harmful policies proposed and
implemented by the Trump Administration. The bill includes
provisions that ensure families who do not have an offer of
affordable coverage from an employer can still qualify for
subsidies in the Health Insurance Marketplace (Marketplace) and
stops efforts to proliferate association health plans and
short-term, limited duration plans that offer limited benefits
and little financial protection from high health care costs.
The bill also invests in state efforts to conduct outreach to
increase enrollment in the Marketplace, educate consumers of
their rights, and help individuals navigate the health
insurance system. On May 4, 2018, Ranking Member Scott, along
with Ranking Member Pallone and Ranking Member Neal, wrote to
Speaker of the U.S. House of Representatives Paul D. Ryan (R-
WI) to request that H.R. 5155 be brought to the House floor to
counteract the Administration's and Republican Majority's
efforts to sabotage the health care system through legislation,
de-regulation, and Executive orders.
THE ADMINISTRATION'S IMPLEMENTATION OF THE LAW
The Trump Administration has failed or refused to implement
various pieces of the Affordable Care Act--actions that have
threatened and compromised Americans' access to health
insurance. House Democrats conducted oversight on the
Administration's implementation of the ACA, including many of
these and other policy changes that undermine access to
affordable, comprehensive coverage. Estimates show that 6.4
million individuals will be left uninsured in 2019 as the
result of the Administration terminating cost-sharing reduction
(CSR) payments, cutting federal funding for advertising and
outreach, reducing open enrollment periods, and loosening rules
regarding short-term, limited duration plans along with
Congress' zeroing out the individual mandate penalty.\19\
---------------------------------------------------------------------------
\19\Urban Institute, Updated: The Potential Impact of Short-Term
Limited-Duration Policies on Insurance Coverage, Premiums. and Federal
Spending (March 2018), https://www.urban.org/sites/default/files/
publication/96781/2001727_updated_finalized.pdf.
---------------------------------------------------------------------------
On January 30, 2017, Ranking Member Scott, along with
Ranking Member Pallone and Ranking Member Neal, sent a letter
to HHS requesting information regarding the Administration's
decision to halt advertising and outreach activities for
Healthcare.gov and the Administration's plans to continue
Marketplace activities for the remainder of 2017. The letter
noted that the Administration's efforts to sabotage enrollment
in the Marketplace will result in adverse risk selection,
destabilize insurance markets, and increased premiums. No
response was received.
On October 17, 2017, Ranking Member Scott, along with
Ranking Member Pallone, Ranking Member Neal, Senator Murray,
and Senator Wyden, sent a letter to HHS requesting information
on the Administration's unilateral decision to terminate CSR
payments, specifically to understand the legal justification to
terminate these subsidies and any analyses conducted of the
impact of this decision on health insurance access and costs in
the individual market and federal spending. No response was
received. On October 20, 2017, Ranking Member Scott joined
House Democratic leadership and Ranking Member Pallone, Ranking
Member Nadler, House Committee on Appropriations Ranking Member
Nita M. Lowey (D-NY) (Ranking Member Lowey), House Committee on
Rules Ranking Member Louise M. Slaughter (D-NY) (Ranking Member
Slaughter), and Ranking Member Neal in signing onto an amicus
brief in a lawsuit involving the CSR payments, California v.
Trump, supporting California and a group of states seeking
injunctive relief.
On December 6, 2017, Ranking Member Scott, along with
Ranking Member Pallone, Ranking Member Neal, and Senators
Murray and Wyden, wrote the Centers for Medicare and Medicaid
Services (CMS) expressing concern regarding provisions in the
2019 Proposed Notice of Benefit and Payment Parameters that
undermine critical consumer protections in the individual and
small group market, including essential health benefits,
medical loss ratios, and CSRs. The letter urged CMS to withdraw
the proposed changes and commit to faithful implementation of
the law and polices that improve the quality and cost of health
care coverage. No response was received.
On February 21, 2018, HHS, DOL, and Treasury jointly
published a proposed rule to extend the allowable duration of
short-term, limited-duration insurance (STLDI) from three
months to up to 12 months. On May 31, 2018, Ranking Member
Scott, along with Ranking Member Pallone, Ranking Member Neal,
and Senators Murray and Wyden, wrote the Departments expressing
concern with the flawed analysis provided in the Economic
Impact and Paperwork Burden section of the proposed rule. The
letter noted the wide differences in analysis prepared by HHS,
Labor, and Treasury as compared to analyses prepared by
nonpartisan sources that demonstrate the rule would cause
serious harm to the health care system. Ranking Member Scott,
along with Ranking Member Pallone, Ranking Member Neal, and
Senators Murray and Wyden, also sent an April 12, 2018, comment
letter noting that by expanding the use of STLDI, the
availability of discriminatory, deceptive, and insufficient
plans with fewer consumer protections will increase. The letter
further notes that STLDI undermines the individual insurance
market, increases premiums, exposes consumers to greater
financial risk, and will lead to a greater number of uninsured
Americans. No response was received.
On September 13, 2018, House Democrats introduced H.J. Res.
140, Providing for congressional disapproval under chapter 8 of
title 5, United States Code, of the final rule of the
Department of the Treasury, the Department of Labor, and the
Department of Health and Human Services relating to ``Short-
Term, Limited-Duration Insurance'', a CRA resolution of
disapproval of the rule.
On February 28, 2018, the Texas Attorney General and 20
other state attorneys general filed a lawsuit, Texas v. United
States, seeking to invalidate the entirety of the ACA by
challenging the constitutionality of the law after the
individual mandate penalty was reduced to $0 for 2019. On June
7, 2018, the Trump Administration filed a court brief declining
to defend the constitutionality of ACA provisions guaranteeing
coverage regardless of health status (``guaranteed issue''),
prohibiting insurers from charging higher premiums based on
health status (``community rating''), and prohibiting pre-
existing condition exclusions. The Administration's position
would allow insurance companies to charge people with a pre-
existing condition higher premiums or deny them coverage
altogether as they were permitted to do prior to the ACA. DOJ's
decision to not defend ACA provisions breaks with longstanding
traditions of defending laws enacted by Congress and
illustrates Administration attempts to sabotage the ACA, while
damaging the ability of millions of Americans to afford health
insurance. On June 13, 2018, Ranking Member Scott, along with
Ranking Member Pallone, Ranking Member Neal, Ranking Member
Cummings, and Ranking Member Nadler, wrote two letters to HHS
and DOJ requesting information regarding HHS' and CMS'
involvement in DOJ's decision to not defend these key consumer
protections. One of the letters also requested documentation
and information on analyses on the effects of the elimination
of key patient protections in the ACA; the effects of legal
uncertainty from Texas v. United States on premiums in the
individual market; and communications between HHS, CMS, and DOJ
officials on the DOJ decision to not defend key provisions in
the ACA. CMS responded on August 20, 2018, with a letter
declining to comment due to ongoing litigation. On December 7,
2018, Ranking Member Scott, along with Ranking Member Pallone,
Ranking Member Neal, and Ranking Member Nadler, sent a follow-
up letter to Secretary Azar and CMS Administrator Seema Verma
reiterating their request for answers on the Administration's
decision to decline to defend protections for individuals with
preexisting conditions in the Texas v. United States lawsuit.
On June 6, 2018, Secretary Azar testified at a Committee
oversight hearing titled Examining the Policies and Priorities
of the U.S. Department of Health and Human Services. This was
the first appearance before the Committee of any HHS official
during the 115th Congress. During the hearing, Committee
Democrats questioned Secretary Azar on the Administration's
actions to undermine the ACA as well as its proposals to cut
Medicaid funding. Additionally, Committee Democrats raised the
harmful policies implemented by the Administration to separate
families at the border--leaving thousands of children
unaccompanied--and the lack of oversight to ensure that
children receive the health and supportive services to which
they are legally entitled.
On July 17, 2018, Ranking Member Scott, along with Ranking
Members Pallone and Neal, and Senators Murray and Wyden, sent a
letter to HHS with concerns about CMS' decision to suspend
billions of dollars in risk adjustment payments and
collections. The letter noted that risk adjustment is a
mechanism for maintaining market stability and is a critical
component of how the ACA has expanded access to affordable
coverage; the suspension may result in insurers leaving the
market and an increase in premiums for consumers. On July 24,
2018, CMS released a final rule to restart the program. CMS
referred to this final rule in its September 5, 2018, response
to the letter.
Committee Democrats also noted the growing number of
consumers who are hit with ``surprise bills''--higher than
expected out-of-pocket costs from out-of-network providers. On
October 1, 2018, Ranking Member Scott wrote DOL regarding
surprise bills to seek clarity on whether DOL requires
employer-sponsored plans to count out-of-network costs incurred
in an in-network facility toward the ACA's annual out-of-pocket
limits. No response was received.
On October 22, 2018, CMS and Treasury issued guidance
relaxing the guardrails of Section 1332 of the Affordable Care
Act, a provision allowing states to waive some ACA requirements
with the goal of improving coverage, affordability, and
comprehensiveness of benefits. On November 16, 2018, Ranking
Member Scott, along with Ranking Member Pallone, Ranking Member
Neal, Senator Murray, Senator Wyden, and Senator Casey (Senate
Special Committee on Aging Ranking Member), sent a letter to
CMS urging the agency to rescind the newly issued guidance. The
letter stated that the new guidance will allow the approval of
1332 waivers that could result in less coverage, fewer consumer
protections, and higher costs.
On December 21, 2018, Ranking Member Scott, along with
Ranking Member Pallone and Ranking Member Neal, sent a comment
letter to HHS, Treasury, and DOL on the proposed rule regarding
Health Reimbursement Arrangements (HRAs). The letter expressed
concern that the rule creates a perverse incentive for certain
employers to shift sicker or older workers into the individual
market, and it urged them to withdraw the proposal.
ASSOCIATION HEALTH PLANS
The Committee considered legislation, H.R. 1101, the Small
Business Health Fairness Act, to promote and expand association
health plans (AHPs). AHPs have been studied at length,
including in a 2000 Congressional Budget Office report,
Increasing Small-Firm Health Insurance Coverage Through
Association Health Plans and HealthMarts, which found that they
would have almost no impact in increasing health coverage.
Instead, they are likely to exacerbate adverse selection and
shift costs to workers. Such adverse selection would result in
higher premiums in non-AHP plans; ultimately, higher-cost
(sicker or older) groups could find it more difficult to obtain
coverage.\20\ The Committee marked up the bill on March 8,
2017, at which time Committee Democrats offered various
amendments to apply strong consumer protections for workers
covered in AHPs under the legislation, including a failed
amendment to ensure that AHPs cover needed health services for
women, such as maternity care and direct access to obstetrics
and gynecology (OB-GYN) services. At the conclusion of the
markup, Committee Democrats opposed the motion to favorably
report the bill to the House. On March 22, 2017, during floor
consideration of the bill in the House, Representative Carol
Shea-Porter (D-NH), a Committee Democrat, offered a motion to
recommit (MTR) to ensure that substance use disorder treatment
services are available in AHPs. The MTR failed, and the bill
passed the House by a vote of 236-175.
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\20\The American Academy of Actuaries, Issue Brief: Association
Health Plans (February 2017), http://www.actuary.org/content/
association-health-plans-0.
---------------------------------------------------------------------------
During his November 15, 2017, appearance before the
Committee, Secretary Acosta faced questions from Committee
Democrats regarding the Department's plans to issue regulations
to expand the use of AHPs. On January 5, 2018, the DOL proposed
its AHP rule. Under the new regulatory structure in the
proposed rule, associations can sell coverage to small
businesses and self-employed individuals without meeting
certain ACA standards that would otherwise apply to plans sold
to these consumers, such as the requirement to cover essential
health benefits, a prohibition against charging higher premiums
based on factors such as gender or occupation, and a limit on
charging higher premiums to older people.
The Committee conducted robust oversight over the proposal.
This included multiple questions posed to DOL on the impact of
the rule on workers, particularly workers with pre-existing
conditions. On March 6, 2018, Committee Democrats provided
comments in response to the proposed rulemaking pointing out
the history of fraud and insolvencies in AHPs and expressing
concern for small business owners and workers that may be
negatively impacted under the proposal. The HELP Subcommittee
held a hearing to review DOL's proposed rule on March 20, 2018.
Subcommittee Democrats invited expert testimony from Mr. John
Arensmeyer, Founder and CEO of the Small Business Majority, who
discussed the harm that the proposal may have on many small
businesses and their workers. Notwithstanding the Democratic
opposition and widespread opposition from consumer and patient
groups, on June 19, 2018, DOL finalized the rule to promote
enrollment in AHPs.
On July 26, 2018, eleven states and the District of
Columbia filed suit against DOL seeking to invalidate the final
AHP regulations. On November 29, 2018, Ranking Member Scott,
Democratic House leadership, Ranking Member Pallone, Ranking
Member Nadler, and Ranking Member Neal filed an amicus brief in
opposition to the final rule, arguing that the rule is contrary
to the fundamental structure of the ACA.
ACCESS TO PREVENTIVE CARE
On October 6, 2017, the Trump Administration announced
rules to allow employers and institutions of higher education
to opt out of covering contraception based on a moral or
religious objection. Previous policy ensured that employees had
access to contraception even if their employer had a religious
objection, giving 62 million women access to birth control
without co-payments.\21\ The change threatens women's access to
essential contraceptive care. On December 5, 2017, Ranking
Member Scott, along with Ranking Member Pallone and Ranking
Member Neal, submitted comments on the Interim Final Rules
(IFRs) regarding coverage of contraception for women. The
comments noted that not only do the IFRs roll back the advances
made to women's health under the guise of religious liberty,
they also violate a number of constitutional and statutory
provisions. Litigation on the rules is ongoing, and final rules
are expected in the coming months. Committee Democrats continue
to fight to ensure that women have access to the full range of
preventive health services as required under the ACA.
---------------------------------------------------------------------------
\21\Planned Parenthood, Trump Administration Takes Direct Aim at
Birth Control Coverage for 62 Million Women (October 6, 2017), https://
www.plannedparenthood.org/about-us/newsroom/press-releases/trump-
administration-takes-direct-aim-at-birth-control-coverage-for-62-
million-women-2.
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CIVIL RIGHTS--NONDISCRIMINATION IN HEALTH CARE
On March 27, 2018, Ranking Member Scott, along with Ranking
Member Pallone, sent a letter to Secretary Azar in response to
HHS' Office for Civil Rights' (OCR) proposed rule, Protecting
Statutory Conscience Rights in Health Care; Delegations of
Authority, which would allow for greater discrimination in the
health care system and in HHS-funded programs and services. The
letter emphasized that the proposed rule directly contradicts
the mission of OCR by exacerbating inequities in the health
care system by allowing hospitals, doctors, and other
individuals and institutions to deny care to patients based on
religious beliefs. The letter concluded that discriminated
individuals and groups such as women, minorities, and LGBTQ
members would face further discrimination if this proposed rule
were to take effect. On May 23, 2018, a similar letter was sent
by a large group of House Democrats, including many Committee
Democrats, expressing concern to OMB regarding the proposed
rule entitled Nondiscrimination in Health Programs or
Activities. The letter emphasized concern with the intention to
roll back the first broad prohibition of sex discrimination in
federal law.
The Committee considered legislation, H.R. 1313, the
Preserving Employee Wellness Programs Act, which would permit
the circumvention of important civil rights laws and threaten
the privacy of workers by allowing employer-provided wellness
programs to evade requirements under the Americans with
Disabilities Act (ADA) and the Genetic Information
Nondiscrimination Act (GINA). Committee Democrats repeatedly
expressed concern with the fact that the legislation could be a
proxy for discrimination. Committee Democrats offered a number
of amendments that, if accepted, would have preserved some of
the privacy and civil rights guardrails enacted through the ADA
and GINA. Amendments to ensure that information obtained
through a wellness program cannot be used in employment
decisions, such as hiring or firing, or be sold, were also
offered but failed. An amendment was also offered to remove the
erroneous application of ADA's safe harbor provision to
wellness programs; that amendment also failed.
On November 20, 2018, Committee Democrats requested
information based on a New York Times report that the
Administration plans to redefine gender to specifically exclude
transgender identity.\22\ The letter, sent to Secretary Azar,
asked the Administration to clarify its plans to redefine
gender and requested data or other resources used to inform its
decision. The letter further noted that such a definition would
ignore scientific data and legal precedence for treatment of
transgender persons and would remove civil rights protections
for 1.4 million vulnerable Americans.\23\
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\22\The New York Times, `Transgender' Could Be Defined Out of
Existence Under Trump Administration (October 21, 2018), https://
www.nytimes.com/2018/10/21/us/politics/transgender-trump-
administration-sex-definition.html.
\23\Id.
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SURPRISE MEDICAL BILLS
Consumers incurring surprise medical bills may either face
higher deductibles or coinsurance for out-of-network providers
or balanced billing, where patients are asked to pay the
portion of the out-of-network provider's charges for services
left unreimbursed by their plan. The ACA includes a provision,
section 2707(b) of the Public Health Service Act, to limit
annual consumer spending for out-of-pocket costs, such as
deductibles, copays and coinsurance; this protection was also
incorporated into ERISA. Regulations issued by CMS clarify that
Qualified Health Plans (QHPs) that cover out-of-network
services must count cost sharing for an out-of-network
ancillary provider in an in-network setting toward annual cost-
sharing limits--providing some protection for consumers facing
surprise bills. On October 1, 2018, Ranking Member Scott sent a
letter to DOL asking whether these standards can also be
applied to group plans that are subject to out-of-pocket
limits. A response letter from DOL was received, however, the
response left a number of the questions around DOL's authority
unaddressed.
ADDRESSING THE OPIOID EPIDEMIC
During the 115th Congress, Committee Democrats remained
concerned about the impact that substance use disorder,
particularly opioid use disorder, is having on communities
across the country and continued their efforts from the 114th
Congress to combat the issue. Three hearings were held focusing
on the opioid epidemic. The first was a joint hearing on
November 8, 2017, by the ECESE and HEWD Subcommittees entitled
Close to Home: How Opioids are Impacting Communities. Committee
Democrats invited expert testimony from Dr. Leana S. Wen,
Baltimore City Health Commissioner. Both Committee Democrats
and Dr. Wen expressed the need for a holistic approach to
combat the opioid crisis that provides wrap-around and
supportive services for impacted communities, and they also
discussed the importance of the ACA in this effort.
On February 15, 2018, a joint hearing by the HELP and
Workforce Protections Subcommittees was held entitled The
Opioids Epidemic: Implications for America's Workplaces.
Committee Democrats again stressed the importance of evidence-
based policies in the opioid epidemic response. Committee
Democrats invited expert testimony from Dr. Christina M.
Andrews, a Researcher at University of South Carolina, who
discussed successful interventions and the importance of health
insurance coverage.
The Committee continued to conduct oversight on the
intersection of opioid use disorder and workers' compensation.
This was the focus of the May 8, 2018, hearing in the Workforce
Protections Subcommittee entitled The Opioid Epidemic:
Implications for the Federal Employees' Compensation Act, which
demonstrated that even more oversight is needed. In 2011, more
than 25 percent of workers' compensation prescription drug
claim costs were for opioid pain medications.\24\ Recent
studies show that more than half of injured workers off work
for more than seven days with pain medications, but who did not
have surgery, received an opioid prescription, and many of them
received opioids on a longer-term basis.\25\ Committee
Democrats remain concerned about how DOL will stem over-
prescribing under the FECA program, while ensuring that injured
workers get appropriate care.
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\24\National Safety Council, Prescription Pain Medications: A Fatal
Cure for Injured Workers (2015), https://www.acoem.org/uploadedFiles/
Public_Affairs/Policies_And_Position_Statements/Guidelines/
Library_and_Reference_Material/Prescription%20Pain%20Medications%20A%20
Fatal%20Cure%20for%20Injured%20Workers.pdf.
\25\Workers Compensation Research Institute, Longer-Term Dispensing
of Opioids: 4th Edition (August 2017).
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Committee Democrats worked on a bipartisan basis to advance
legislation to help combat opioid use disorder. One such effort
was bipartisan legislation to create an advisory council to
address the impact that opioid use disorder is having on the
workplace. The advisory council would be comprised of a variety
of stakeholders, including unions, employers, workplace safety
and health professionals, and substance use disorder treatment
and recovery experts. The bill, H.R. 5892, To establish an
Advisory Committee on Opioids and the Workplace to advise the
Secretary of Labor on actions the Department of Labor can take
to address the impact of opioid abuse on the workplace, passed
the House on June 13, 2018. On July 25, 2018, Representative
Shea-Porter introduced H.R. 6535, the Campus Prevention and
Recovery Services for Students Act, which would require
colleges and universities to offer evidence-based substance use
disorder prevention, treatment, and recovery support services
to students. The Committee played an active role in drafting
H.R. 6, the SUPPORT for Patients and Communities Act, which was
signed into law on October 24, 2018. The Committee continues to
seek additional ways to help communities improve access to care
and support services for those affected by substance use
disorder.
SUPPORTING OLDER AMERICANS AND THEIR FAMILIES
Committee Democrats continued to recognize and examine the
challenges that an ever-growing population of older Americans
faces. In the 115th Congress, the Committee worked on a
bipartisan basis to pass two pieces of legislation that were
signed into law that seek to support older Americans and their
caregivers. H.R. 3759, the Recognize, Assist, Include, Support,
and Engage (RAISE) Family Caregivers Act of 2017, directs the
establishment of a Family Caregiving Advisory Council to
provide recommendations to the Secretary of HHS on effective
models of both family caregiving and support to family
caregivers, as well as improving coordination across federal
government programs. S. 1091, the Supporting Grandparents
Raising Grandchildren Act, requires the establishment of an
Advisory Council to Support Grandparents Raising Grandchildren.
The Advisory Council will identify, promote, coordinate, and
disseminate to the public information, resources, and best
practices available to help grandparents and other older
relatives both meet the needs of the children in their care and
maintain their own physical and mental health and emotional
well-being. Both these legislative accomplishments will further
support the aging community and provide feedback for how
Congress and the Administration can better assist older
Americans and their families.
PROMOTING OPPORTUNITIES FOR OLDER AMERICANS
According to DOL, one in four U.S. workers will be 55 or
older by 2024; this will more than double the rate from 1994,
when 55-plus workers accounted for only 12 percent of the
workforce.\26\ When older workers become unemployed, they are
far more likely than other workers to join the ranks of the
long-term unemployed, and age discrimination is a significant
factor in their long-term unemployment. In a 2015 survey of
older workers who lost their jobs, 51 percent said that age
discrimination negatively affected their ability to get a new
job.\27\ In a 2017 survey, 61 percent of respondents indicated
that either they or an acquaintance had experienced age
discrimination in employment.\28\ This number is up from 33
percent reported in 2012.\29\ On May 25, 2017, Ranking Member
Scott once again introduced H.R. 2650, the Protecting Older
Workers Against Discrimination Act (POWADA), which has garnered
bipartisan support in both the House and Senate over the past
few Congresses as well as broad support from older Americans.
The bill restores fairness in the workplace for older Americans
by returning to the pre-2009 evidentiary threshold applied in
discrimination claims and replacing the ``but-for'' test the
Supreme Court adopted in 2009 in Gross v. FBL Financial
Services, Inc. with the ``mixed-motive'' test that courts
applied prior to 2009. Without this legislative fix, the
heightened burden of proof to show age discrimination will
continue to encourage employees to terminate older workers,
causing them to experience economic hardship, greater health
related and other costs, and the loss of business acumen and
knowledge in the workplace. These costs are not insignificant
to U.S. taxpayers who have to ultimately support the aged
unemployed and their families through government services.
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\26\Insurance Journal, Why Businesses Need to Plan for an Aging
Workforce (June 21, 2018), https://www.insurancejournal.com/news/
national/2018/06/21/492950.htm.
\27\AARP, The Long Road Back: Struggling to Find Work After
Unemployment (March 2015), http://www.aarp.org/content/dam/aarp/ppi/
2015-03/The-Long-Road-Back_INSIGHT.pdf.
\28\AARP, The Value of Experience: Age Discrimination Against Older
Workers Persists (2018), https://www.aarp.org/content/dam/aarp/
research/surveys_statistics/econ/2018/value-of-experience-age-
discrimination-highlights.doi.10.26419-2Fres.00177.002.pdf.
\29\Insurance Journal, Why Businesses Need to Plan for an Aging
Workforce (June 21, 2018), https://www.insurancejournal.com/news/
national/2018/06/21/492950.htm.
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ENSURING CHILDREN HAVE ACCESS TO HEALTHY MEALS
Committee Democrats worked to ensure that every child is
able to grow and learn without the burden of hunger, regardless
of the family's financial situation. Committee Democrats helped
draft H.R. 2401, the Anti-Lunch Shaming Act of 2017, introduced
by Representative Michelle Lujan Grisham (D-NM) on May 8, 2017.
The ECESE Subcommittee held a hearing entitled Examining
the Summer Food Service Program on July 17, 2018. During the
hearing, Committee Democrats reiterated their support for both
in-school and out-of-school feeding programs and recognized the
invaluable contribution that nutrition programs and enrichments
provide to communities. Committee Democrats invited expert
testimony from Ms. Adele LaTourette, Director of the New Jersey
Anti-Hunger Coalition, who discussed the importance of these
feeding programs that often can mean the difference between
going hungry and being fed for many children across the
country.
On September 22, 2018, the Trump Administration announced a
proposed rule that would make changes to ``public charge''
policies. Under the proposed rule, officials would consider use
of certain previously excluded public benefit programs to
determine if an individual is likely to become a public charge,
including SNAP and Medicaid, among others. Particularly since
SNAP and Medicaid are closely linked with other child nutrition
programs in the Committee's jurisdiction, Committee Democrats
submitted a comment letter to DHS on December 10, 2018,
opposing the rule and outlining the impact that this rule will
have on the health and wellbeing of children, including a
negative effect on participation in child nutrition programs.
Robert C. ``Bobby'' Scott,
Ranking Member.
Raul M. Grijalva.
Marcia L. Fudge.
Gregorio Kilili Camacho Sablan.
Suzanne Bonamici.
Alma S. Adams.
Donald Norcross.
Raja Krishnamoorthi.
Adriano Espaillat.
Susan A. Davis.
Joe Courtney.
Jared Polis.
Frederica S. Wilson.
Mark Takano.
Mark DeSaulnier.
Lisa Blunt Rochester.
Carol Shea-Porter.