[House Report 112-338]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-338
_______________________________________________________________________
Union Calendar No. 227
REPORT ON THE ACTIVITIES
of the
COMMITTEE ON EDUCATION AND
THE WORKFORCE
together with
MINORITY VIEWS
SECOND QUARTER OF THE 112TH CONGRESS
December 22, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
COMMITTEE ON EDUCATION AND THE WORKFORCE
JOHN KLINE, Minnesota, Chairman
THOMAS E. PETRI, Wisconsin GEORGE MILLER, California
HOWARD P. ``BUCK'' McKEON, (Ranking Member)
California DALE E. KILDEE, Michigan
JUDY BIGGERT, Illinois DONALD M. PAYNE, New Jersey
TODD RUSSELL PLATTS, Pennsylvania ROBERT E. ANDREWS, New Jersey
JOE WILSON, South Carolina ROBERT C. ``BOBBY'' SCOTT,
VIRGINIA FOXX, North Carolina Virginia
BOB GOODLATTE, Virginia LYNN C. WOOLSEY, California
DUNCAN D. HUNTER, California RUBEN HINOJOSA, Texas
DAVID P. ROE, Tennessee CAROLYN McCARTHY, New York
GLENN THOMPSON, Pennsylvania JOHN F. TIERNEY, Massachusetts
TIM WALBERG, Michigan DENNIS J. KUCINICH, Ohio
SCOTT DesJARLAIS, Tennessee RUSH D. HOLT, New Jersey
RICHARD HANNA, New York SUSAN A. DAVIS, California
TODD ROKITA, Indiana RAUL M. GRIJALVA, Arizona
LARRY BUCSHON, Indiana TIMOTHY H. BISHOP, New York
TREY GOWDY, South Carolina DAVE LOEBSACK, Iowa
LOU BARLETTA, Pennsylvania MAZIE HIRONO, Hawaii
KRISTI NOEM, South Dakota JASON ALTMIRE, Pennsylvania
MARTHA ROBY, Alabama
JOE HECK, Nevada
DENNIS ROSS, Florida
MIKE KELLY, Pennsylvania
----------
Representative Bob Goodlatte (R-VA) rejoined the Committee on Education
and the Workforce on May 25, 2011. Representative David Wu (D-OR)
resigned from the Committee on Education and the Workforce on August 3,
2011. Representative Jason Altmire rejoined the Committee on Education
and the Workforce on September 12, 2011.
Under Rule X, clause (e) of the Rules of House, the jurisdiction of the
Committee on Education and the Workforce is as follows: education and
labor generally, food programs for children in schools, labor standards
and statistics, mediation and arbitration of labor disputes, child
labor, regulation or prevention of importation of foreign laborers
under contract, workers' compensation, wages and hours of labor,
welfare of miners, work incentive programs, convict labor and the entry
of goods made by convicts into interstate commerce, vocational
rehabilitation, and Gallaudet University and Howard University and
Hospital.
Subcommittee on Early Childhood, Elementary, and Secondary Education
DUNCAN D. HUNTER, California, Chairman
JOHN KLINE, Minnesota DALE KILDEE, Michigan
THOMAS E. PETRI, Wisconsin (Ranking Member)
JUDY BIGGERT, Illinois DONALD PAYNE, New Jersey
TODD RUSSELL PLATTS, Pennsylvania ROBERT C. ``BOBBY'' SCOTT,
VIRGINIA FOXX, North Carolina Virginia
BOB GOODLATTE, Virginia CAROLYN McCARTHY, New York
RICHARD HANNA, New York RUSH HOLT, New Jersey
LOU BARLETTA, Pennsylvania SUSAN DAVIS, California
KRISTI NOEM, South Dakota RAUL GRIJALVA, Arizona
MARTHA ROBY, Alabama MAZIE HIRONO, Hawaii
MIKE KELLY, Pennsylvania LYNN C. WOOLSEY, California
GEORGE MILLER, California, (ex
officio)
----------
The Subcommittee on Early Childhood, Elementary, and Secondary
Education has jurisdiction over education from early learning through
the high school level including, but not limited to, elementary and
secondary education, special education, homeless education, and migrant
education; overseas dependent schools; career and technical education;
school safety and alcohol and drug abuse prevention; school lunch and
child nutrition programs; educational research and improvement
including the Institute of Education Sciences; environmental education;
pre-service and in-service teacher professional development including
Title II of the Elementary and Secondary Education Act and Title II of
the Higher Education Act; early care and education programs including
the Head Start Act and the Child Care and Development Block Grant Act;
adolescent development and training programs including, but not limited
to, those providing for the care and treatment of certain at-risk youth
including the Juvenile Justice and Delinquency Prevention Act and the
Runaway and Homeless Youth Act; and all matters dealing with child
abuse and domestic violence including the Child Abuse Prevention and
Treatment Act and child adoption.
Subcommittee on Workforce Protections
TIM WALBERG, Michigan, Chairman
JOHN KLINE, Minnesota LYNN WOOLSEY, California
BOB GOODLATTE, Virginia (Ranking Member)
TODD ROKITA, Indiana DONALD PAYNE, New Jersey
LARRY BUCSHON, Indiana DENNIS KUCINICH, Ohio
TREY GOWDY, South Carolina TIMOTHY H. BISHOP, New York
KRISTI NOEM, South Dakota MAZIE HIRONO, Hawaii
DENNIS ROSS, Florida GEORGE MILLER, California
MIKE KELLY, Pennsylvania
----------
The Subcommittee on Workforce Protections has jurisdiction over wages
and hours of workers including, but not limited to, the Davis-Bacon
Act, the Walsh-Healey Act, the Service Contract Act, and the Fair Labor
Standards Act; workers' compensation including the Federal Employees'
Compensation Act, the Longshore and Harbor Workers' Compensation Act,
and the Black Lung Benefits Act; the Migrant and Seasonal Agricultural
Worker Protection Act; the Family and Medical Leave Act; the Worker
Adjustment and Retraining Notification Act; the Employee Polygraph
Protection Act of 1988; trade and immigration issues as they impact
employers and workers; and workers' safety and health including, but
not limited to, occupational safety and health, mine safety and health,
and migrant and agricultural worker safety and health.
Subcommittee on Higher Education and Workforce Training
VIRGINIA FOXX, North Carolina, Chairwoman
JOHN KLINE, Minnesota RUBEN HINOJOSA, Texas
THOMAS E. PETRI, Wisconsin (Ranking Member)
HOWARD P. ``BUCK'' McKeon, JOHN F. TIERNEY, Massachusetts
California TIMOTHY BISHOP, New York
JUDY BIGGERT, Illinois ROBERT ANDREWS, New Jersey
TODD RUSSELL PLATTS, Pennsylvania SUSAN DAVIS, California
PHIL ROE, Tennessee RAUL GRIJALVA, Arizona
GLENN THOMPSON, Pennsylvania DAVID LOEBSACK, Iowa
RICHARD HANNA, New York GEORGE MILLER, California
LARRY BUCSHON, Indiana JASON ALTMIRE, Pennsylvania
LOU BARLETTA, Pennsylvania
JOE HECK, Nevada
----------
The Subcommittee on Higher Education and Workforce Training has
jurisdiction over education and training beyond the high school level
including, but not limited to, higher education generally,
postsecondary student assistance and employment services, and the
Higher Education Act; Title IX of the Education Amendments of 1972; all
domestic volunteer programs; all programs related to the arts and
humanities, museum and library services, and arts and artifacts
indemnity; postsecondary career and technical education, apprenticeship
programs, and job training including the Workforce Investment Act,
vocational rehabilitation, and training programs from immigration
funding; science and technology programs; adult basic education (family
literacy); all welfare reform programs including work incentive
programs and welfare-to-work requirements; poverty programs including
the Community Services Block Grant Act and the Low Income Home Energy
Assistance Program (LIHEAP); the Native American Programs Act; the
Institute of Peace; and all matters dealing with programs and services
for the elderly including nutrition programs and the Older Americans
Act.
Subcommittee on Health, Employment, Labor, and Pensions
PHIL ROE, Tennessee, Chairman
JOE WILSON, South Carolina ROBERT ANDREWS, New Jersey
GLENN THOMPSON, Pennsylvania (Ranking Member)
TIM WALBERG, Michigan DENNIS J. KUCINICH, Ohio
SCOTT DesJARLAIS, Tennessee DAVID LOEBSACK, Iowa
RICHARD HANNA, New York DALE KILDEE, Michigan
TODD ROKITA, Indiana RUBEN HINOJOSA, Texas
LARRY BUCSHON, Indiana CAROLYN McCARTHY, New York
LOU BARLETTA, Pennsylvania JOHN F. TIERNEY, Massachusetts
KRISTI NOEM, South Dakota RUSH HOLT, New Jersey
MARTHA ROBY, Alabama ROBERT SCOTT, Virginia
JOE HECK, Nevada JASON ALTMIRE, Pennsylvania
DENNIS ROSS, Florida GEORGE MILLER, California (ex
JOHN KLINE, Minnesota (ex officio) officio)
----------
The Subcommittee on Health, Employment, Labor, and Pensions has
jurisdiction over all matters dealing with relationships between
employers and employees including, but not limited to, the National
Labor Relations Act, the Labor-Management Relations Act, and the Labor-
Management Reporting and Disclosure Act; the Bureau of Labor
Statistics; employment-related health and retirement security including
pension, health, and other employee benefits and the Employee
Retirement Income Security Act (ERISA); and all matters related to
equal employment opportunity and civil rights in employment.
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on Education and the Workforce,
Washington, DC, December 22, 2011.
Hon. Karen L. Haas,
Clerk of the House, The Capitol,
Washington, DC.
Dear Ms. Haas: Pursuant to Rule XI, clause 1, paragraph (d)
of the Rules of the U.S. House of Representatives, I am hereby
transmitting the Activities Report of the Committee on
Education and the Workforce for the Second Quarter of the 112th
Congress.
I circulated this report to all members of the Committee on
December 16, 2011, and received minority views, which are
included in this report.
This report summarizes the activities of the Committee
during the Second Quarter of the 112th Congress with respect to
its legislative and oversight responsibilities.
Sincerely,
John Kline,
Chairman.
C O N T E N T S
----------
Page
Introduction..................................................... 1
Committee Activities......................................... 2
Full Committee................................................... 2
Hearings................................................. 2
Markups.................................................. 4
Floor.................................................... 5
Subcommittee Activities...................................... 6
Hearings................................................. 6
Subcommittee on Early Childhood, Elementary and
Secondary Education................................ 6
Subcommittee on Workforce Protections................ 6
Subcommittee on Higher Education and Workforce
Training........................................... 7
Subcommittee on Health, Employment, Labor and
Pensions........................................... 9
Oversight Activities......................................... 10
Correspondence........................................... 10
Minority Views................................................... 15
Union Calendar No. 227
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-338
======================================================================
REPORT ON THE ACTIVITIES OF THE COMMITTEE ON EDUCATION AND THE
WORKFORCE OF THE 112TH CONGRESS
_______
December 22, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Kline, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
together with
MINORITY VIEWS
INTRODUCTION
Under the leadership of Rep. John Kline (R-MN), the House
Committee on Education and the Workforce has made strong
progress in the second quarter of the 112th Congress in
supporting workers and employers, removing barriers to job
growth, and empowering states and school districts to improve
education.
Throughout the second quarter of the 112th Congress, the
committee dedicated significant time to examining the
challenges and opportunities facing our nation's education
system. Reforming current elementary and secondary education
law, known as No Child Left Behind, remains at the forefront of
the committee agenda. The committee has worked diligently to
craft legislation that will enhance accountability, support
more effective teachers, and provide states and school
districts with the flexibility necessary to develop effective
programs and initiatives that best meet the needs of students.
The committee plans to complete its efforts to reauthorize the
law next year.
With more than 13 million Americans out of work, improving
the nation's job training system is another top committee
priority. The committee held several hearings in member
districts and Washington, D.C. to explore ways to better
prepare workers for success in the 21st century workplace. We
used what we learned from employers and workers across the
country to develop a package of legislation designed to build a
more robust and responsive job training system that will
efficiently serve workers and taxpayers. These bills will serve
as the foundation for the committee's work to reauthorize the
Workforce Investment Act in the second session of the 112th
Congress.
In addition to helping our nation's workers gain important
job skills, we must ensure employers have the certainty they
need to create jobs and invest in their businesses.
Unfortunately, recent actions by the National Labor Relations
Board (NLRB) are wreaking havoc on workplaces and threatening
employers' free speech and workers' free choice. The committee
remains determined to protect employee and employer rights
under the National Labor Relations Act and ensure union
transparency and democracy; that is why the committee advanced
legislation designed to rein in the NLRB's activist agenda and
reaffirm key workforce protections that have been in place for
decades. The committee will continue to fight federal policies
and regulations that stand in the way of economic growth and
investment.
Congressional leaders have a responsibility to conduct
oversight of the federal government, and the House Committee on
Education and the Workforce takes that responsibility
seriously. With so many Americans unemployed, it is
unacceptable to ignore rules or regulations that stand in the
way of job creation. And with the national debt passing
historic levels, we must demand agencies spend taxpayer dollars
wisely. The committee has and will continue to demand and lead
aggressive oversight in the committee's areas of jurisdiction,
including policies administered by the U.S. Departments of
Labor, Education, Agriculture, Justice, and Health and Human
Services.
The committee continues to actively examine the policies
and programs to determine whether they are serving the best
interests of students, workers, and taxpayers, and will remain
vigilant in pursuit of policies that promote economic growth,
support a stronger workforce, and improve education in America.
COMMITTEE ACTIVITIES
FULL COMMITTEE
Hearings
(LINKS ARE TO THE COMMITTEE WEBSITE)
In the second quarter of the 112th Congress, the full
committee held six hearings, one of which was a legislative
hearing.
July 7, 2011--``Rushing Union Elections: Protecting the Interests of
Big Labor at the Expense of Workers' Free Choice'' (Printed
Hearing 112-31)
The purpose of the hearing was to examine the National
Labor Relations Board's (NLRB) June 22, 2011 notice of proposed
rulemaking (NPRM) that could significantly alter NLRB union
representation election procedures.
Witnesses: The Honorable Peter C. Schaumber, Former NLRB
Chairman, Washington, DC; Mr. Larry Getts, Tube Press
Technician, Dana Corporation, Garrett, Indiana; Mr. Kenneth
Dau-Schmidt, Professor, Indiana University, Mauer School of
Law, Bloomington, Indiana; Mr. John Carew, President, Carew
Concrete & Supply Company, Appleton, Wisconsin, testifying on
behalf of himself and the National Ready Mixed Concrete
Association; and Mr. Michael J. Lotito, Partner, Jackson Lewis
LLP, San Francisco, California.
July 27, 2011--``Education Reforms: Exploring Teacher Quality
Initiatives'' (Printed Hearing 112-35)
The purpose of the hearing was to highlight state and local
efforts to improve teacher quality and highlight select teacher
reform issues that may be addressed as part of the committee's
ongoing effort to reauthorize the Elementary and Secondary
Education Act (ESEA).
Witnesses: The Honorable Kevin S. Huffman, Commissioner,
Tennessee Department of Education, Nashville, Tennessee; Mr.
Tom Boasberg, Superintendent, Denver Public Schools, Denver,
Colorado; Ms. Kate Walsh, President, National Council on
Teacher Quality, Washington, DC; and Mr. David Cicarella,
President, New Haven Federation of Teachers, New Haven,
Connecticut.
August 30, 2011--``Examining Local Solutions to Strengthen Federal Job
Training Programs'' Field hearing in Las Vegas, Nevada (Printed
Hearing 112-36)
The purpose of the hearing was to highlight the work being
done by local businesses and workforce development
professionals to respond to the needs of the local economy and
workforce.
Witnesses: The first panel included The Honorable Andy A.
Hafen, Mayor, City of Henderson, Nevada; Mr. Jeremy Aguero,
Principal Analyst, Applied Analysis, Las Vegas, Nevada; Mr.
Darren Enns, Secretary Treasurer, Southern Nevada Building and
Construction Trades Council, Henderson, Nevada; and Mr. LeRoy
Walker, Vice President, Human Resources, St. Rose Dominican
Hospitals, Nevada Market, Henderson, Nevada. The second panel
included Mr. Edward R. Guthrie, Executive Director, Opportunity
Village, Las Vegas, Nevada; Mr. John Ball, Executive Director,
Nevada Workforce Connections, Las Vegas, Nevada; and Ms.
Rebecca Metty-Burns, Executive Director, Division of Workforce
and Economic Development, College of Southern Nevada, Las
Vegas, Nevada.
September 14, 2011--``Education Reforms: Examining the Federal Role in
Public School Accountability'' (Printed Hearing 112-38)
The purpose of this hearing was to examine the role of the
federal government in holding public schools accountable for
student achievement.
Witnesses: Ms. Hanna Skandera, Secretary of Education, New
Mexico Department of Public Education, Santa Fe, New Mexico;
Dr. Amy F. Sichel, Superintendent of Schools, Abington School
District, Abington, Pennsylvania; Ms. Blaine Hawley, Principal,
Red Pump Elementary School, Bel Air, Maryland; and Mr. Alberto
M. Carvalho, Superintendent of Schools, Miami-Dade County
Public Schools, Miami, Florida.
September 22, 2011--``Culture of Union Favoritism: Recent Actions of
the National Labor Relations Board'' (Printed Hearing 112-40)
The purpose of the hearing was to examine: (1) the National
Labor Relations Board's (NLRB) June 22, 2011 notice of proposed
rulemaking that could significantly alter existing election
procedures; (2) the NLRB's August 30, 2011 final rule that
would require almost every private employer to post a vague,
union-biased notice on employee National Labor Relations Act
(NLRA) rights; and (3) the NLRB's August 2011 holdings in
Specialty Healthcare, Lamons Gasket, and UGL-UNICCO.
Witnesses: Mr. Curtis L. Mack, Partner, McGuire Woods,
Atlanta, Georgia; Mr. G. Roger King, Partner, Jones Day,
Columbus, Ohio; Ms. Barbara A. Ivey, Employee, Kaiser
Permanente Northwest, Keizer, Oregon; and Mr. Arthur J. Martin,
Partner, Schuchat, Cook and Werner, St. Louis, Missouri.
October 12, 2011--H.R. 3094, ``Workforce Democracy and Fairness Act''
(Printed Hearing 112-43)
The purpose of the hearing was to examine H.R. 3094, the
Workforce Democracy and Fairness Act, legislation to preempt
the National Labor Relations Board's (NLRB) June 22, 2011
notice of proposed rulemaking that could significantly alter
existing election procedures and reverse the NLRB's August 26,
2011 holding in Specialty Healthcare.
Witnesses: The Honorable Charles Cohen, Senior Counsel,
Morgan Lewis, Washington, DC, Former Member of the National
Labor Relations Board; Mr. Phillip Russell, Shareholder,
Ogletree Deakins, Tampa, Florida; Mr. Robert Sullivan,
President, RG Sullivan Consulting, LLC, Westmoreland, New
Hampshire, testifying on behalf of Retail Industry Leaders
Association (RILA); and Mr. Michael J. Hunter, Partner, Hunter,
Carnahan, Shoub, Byard & Harshman, Columbus, Ohio.
Markups
(LINKS ARE TO THE COMMITTEE WEBSITE)
In the second quarter of the 112th Congress, the full
committee held four markups and filed three legislative
reports. No subcommittee markups were held.
July 13, 2011--H.R. 2445, ``State and Local Funding Flexibility Act''
(Sponsor: John Kline)
The bill provides states and school districts maximum
flexibility in the use of federal education funds, giving them
greater control over their education decisions, eliminating
bureaucratic red tape, and encouraging local innovation to
reform public education. The bill was ordered favorably
reported, as amended, to the House by a vote of 23-17, and the
committee report was filed on July 25, 2011 (House Report 112-
180).
July 13, 2011--H.R. 2465, ``Federal Workers' Compensation Modernization
and Improvement Act'' (Sponsor: John Kline)
The bill would amend the Federal Employees' Compensation
Act (FECA) to improve the integrity of the FECA program,
enhance its efficiency, and modernize benefit levels. The bill
was ordered favorably reported to the House by voice vote.
July 21, 2011--H.R. 2587, ``Protecting Jobs From Government
Interference Act'' (Sponsor: Tim Scott)
The bill would amend the National Labor Relations Act
(NLRA) to prohibit the National Labor Relations Board (NLRB),
in future and pending cases, from ordering any employer to
close, relocate, or transfer employment under any
circumstances. The bill was ordered favorably reported, as
amended, to the House by a vote of 23-16, and the committee
report was filed on July 25, 2011 (House Report 112-179).
October 26, 2011--H.R. 3094, ``Workforce Democracy and Fairness Act''
(Sponsor: John Kline)
The bill would reinstate the traditional standard for
determining which employees make up an appropriate bargaining
unit; ensure employers are able to participate in a fair union
election; guarantee workers have the ability to make a fully
informed decision in a union election; and safeguard employee
privacy by allowing workers to decide the type of personal
information provided to a union. The bill was ordered favorably
reported, as amended, to the House by a vote of 23-16, and the
committee report was filed on November 10, 2011 (House Report
112-276).
Floor
(LINKS ARE TO THE HOUSE PASSED BILL)
In the second quarter of the 112th Congress, the committee
passed four bills on the House floor, three under a Rule and
one under Suspension.
H.R. 2218, ``Empowering Parents through Quality Charter Schools Act''
(Sponsor: Duncan Hunter)
The bill passed the House under a Rule (H. Res. 392) on
September 13, 2011 by a vote of 365-54.
H.R. 2587, ``Protecting Jobs From Government Interference Act''
(Sponsor: Tim Scott)
The bill passed the House under a Rule (H. Res. 372) on
September 15, 2011, by a vote of 238-186.
H.R. 2465, ``Federal Workers' Compensation Modernization and
Improvement Act'' (Sponsor: John Kline)
The bill passed the House under Suspension on November 29,
2011, by voice vote.
H.R. 3094, ``Workforce Democracy and Fairness Act'' (Sponsor: John
Kline)
The bill passed the House under a Rule (H. Res. 470) on
November 30, 2011 by a vote of 235-188.
Subcommittee Activities
Hearings
(LINKS ARE TO THE COMMITTEE WEBSITE)
Subcommittee on Early Childhood, Elementary and Secondary Education
In the second quarter of the 112th Congress, the
subcommittee held two hearings.
September 21, 2011--``Education Reforms: Ensuring the Education System
is Accountable to Parents and Communities'' (Printed Hearing
112-39)
The purpose of this hearing was to examine the role of the
federal government in holding public schools accountable for
student achievement.
Witnesses: Dr. Jay P. Greene, Professor, University of
Arkansas, Fayetteville, Arkansas; Dr. Benny L. Gooden,
Superintendent of Schools, Fort Smith Public Schools, Fort
Smith, Arkansas; Mr. Bill Jackson, Founder and CEO,
GreatSchools, San Francisco, California; and Ms. Laura W.
Kaloi, Public Policy Director, National Center for Learning
Disabilities, Oak Hill, Virginia.
November 16, 2011--``Education Research: Identifying Effective Programs
to Support Students and Teachers'' (Printed Hearing 112-47)
The purpose of the hearing was to examine the federal role
in supporting education research and evaluation; the role of
the private and non-profit sectors in supporting education
research; and how states, school districts, and other
practitioners use data gleaned from research to improve student
achievement.
Witnesses: Dr. Grover J. ``Russ'' Whitehurst, Senior Fellow
& Director of the Brown Center on Education Policy, Brookings
Institution, Washington, DC; Dr. Caroline M. Hoxby, Scott and
Donya Bommer Professor of Economics, Stanford University,
Stanford, California; Dr. Eric Smith, former Florida
Commissioner of Education, Annapolis, Maryland; and Mr. Steve
Fleischman, Director of the Regional Educational Laboratory
(REL) Northwest, Portland, Oregon.
Subcommittee on Workforce Protections
In the second quarter of the 112th Congress, the
subcommittee held four hearings.
July 14, 2011--``The Fair Labor Standards Act: Is It Meeting the Needs
of the Twenty-First Century Workplace?'' (Printed Hearing 112-
33)
The purpose of the hearing was to provide a broad overview
of the current state of the Fair Labor Standards Act, exploring
aspects of the law that have fallen behind the times.
Witnesses: Mr. J. Randall MacDonald, Senior Vice President,
Human Resources, IBM, Armonk, New York, testifying on behalf of
the HR Policy Association; Mr. Richard L. Alfred, Partner,
Seyfarth Shaw LLP, Boston, Massachusetts; Mr. Nobumichi Hara,
Senior Vice President of Human Capital, Goodwill of Central
Arizona, Phoenix, Arizona, testifying on behalf of the Society
for Human Resource Management; and Ms. Judith M. Conti, Federal
Advocacy Coordinator, National Employment Law Project,
Washington, DC.
September 13, 2011--``Workforce Challenges Facing the Agriculture
Industry'' (Printed Hearing 112-37)
The purpose of the hearing was to examine the H-2A visa
program for temporary and seasonal agricultural guest workers,
which provides the U.S. agriculture industry with foreign
workers.
Witnesses: The first panel included the Honorable Jane
Oates, Assistant Secretary of Employment and Training
Administration, U.S. Department of Labor, Washington, DC. The
second panel included Mr. Joe Bailey, Director of Human
Resources, Bailey Nurseries, Inc., St. Paul, Minnesota; Ms.
Libby Whitley, President, MASLabor, Lovingston, Virginia; the
Honorable Leon Sequeira, Senior Counsel, Seyfarth Shaw LLP,
Washington, DC for Assistant Secretary of Labor; and Mr. Bruce
Goldstein, Executive Director, Farmworker Justice, Washington,
DC.
October 5, 2011--``Workplace Safety: Ensuring a Responsible Regulatory
Environment'' (Printed Hearing 112-42)
The purpose of the hearing was to examine: (1) the
Occupational Safety and Health Administration's (OSHA)
regulatory priorities announced in the U.S. Department of
Labor's Spring 2011 Semi-Annual Regulatory Agenda (published in
July); (2) OSHA's increased use of informal directives in lieu
of formal notice and comment rulemaking; and (3) the
consequences of OSHA's recent regulatory and enforcement
activities on workplace safety and health.
Witnesses: The first panel included Dr. David Michaels,
Assistant Secretary, Occupational Safety and Health
Administration, Washington, DC. The second panel included Mr.
Pete Korellis, President and Owner, Korellis Roofing, Inc.
Hammond, Indiana; Mr. David Sarvadi, Esq., Partner, Keller &
Heckman LLP, Washington, DC; and Ms. Margaret (Peg) Seminario,
Director, Occupational Safety and Health, AFL-CIO, Washington,
DC.
November 3, 2011--``Examining Regulatory and Enforcement Actions Under
the Fair Labor Standards Act'' (Printed Hearing 112-46)
The purpose of the hearing was to examine the regulatory
and enforcement actions of the U.S. Department of Labor's Wage
and Hour Division under the Fair Labor Standards Act.
Witnesses: The first panel included Ms. Nancy J. Leppink,
Acting Wage and Hour Administrator, U.S. Department of Labor,
Washington, DC. The second panel included The Honorable Tammy
D. McCutchen, Shareholder, Littler Mendelson P.C., Washington,
DC; Mr. David S. Fortney, Co-Founder, Fortney & Scott, LLC,
Washington, DC; and Ms. Kim Bobo, Executive Director,
Interfaith Worker Justice, Chicago, Illinois.
Subcommittee on Higher Education and Workforce Training
In the second quarter of the 112th Congress, the
subcommittee held five hearings.
July 8, 2011--``The Gainful Employment Regulation: Limiting Job Growth
and Student Choice'' Joint hearing with the Committee on
Oversight and Government Reform's Subcommittee on Regulatory
Affairs, Stimulus Oversight, and Government Spending (Printed
Hearing 112-32)
The purpose of the hearing was to explore the harmful
consequences of the U.S. Department of Education's final
gainful employment regulation and how the new requirements
impede college access, stifle job creation, and continue the
Administration's federal overreach into the nation's
postsecondary education system.
Witnesses: Mr. Harry C. Alford, President and Chief
Executive Officer, National Black Chamber of Commerce,
Washington, DC; Dr. Dario A. Cortes, President, Berkeley
College, New York City, New York; Ms. Karla Carpenter,
Graduate, Herzing University and Program Manager, Quest
Software, Dane County, Wisconsin; and Dr. Anthony P. Carnevale,
Director, Georgetown University Center on Education and the
Workforce, Washington, DC.
August 16, 2011--``Reviving Our Economy: The Role of Higher Education
in Job Growth and Development'' Field hearing in Greenville,
South Carolina (Printed Hearing 112-14)
The purpose of the hearing was to explore the role of local
higher education institutions in fostering job creation and job
growth and to highlight specifically the work being done by
local colleges and universities to respond to local and state
economic needs.
Witnesses: The first panel included The Honorable Knox
White, Mayor, Greenville, South Carolina; Mr. Werner
Eikenbusch, Section Manager, Associate Development and
Training, BMW Manufacturing Co., Spartanburg, South Carolina;
Ms. Laura Harmon, Project Director, Greenville Works,
Greenville, South Carolina; and Dr. Brenda Thames, Vice
President of Academic Development, Greenville Health System,
Greenville, South Carolina. The second panel included Mr. James
F. Barker, President, Clemson University, Clemson, South
Carolina; Dr. Thomas F. Moore, Chancellor, University of South
Carolina Upstate, Spartanburg, South Carolina; Dr. Keith
Miller, President, Greenville Technical College, Greenville,
South Carolina; and Ms. Amy Hickman, President, ECPI College of
Technology, Greenville, South Carolina.
October 4, 2011--``Modernizing the Workforce Investment Act: Developing
an Effective Job Training System for Workers and Employers''
(Printed Hearing 112-41)
The purpose of the hearing was to focus on the need to
provide flexibility and autonomy to state and local leaders to
ensure the system is meeting the needs of area businesses and
job seekers.
Witnesses: Ms. Kristen Cox, Executive Director, Utah
Department of Workforce Services, Salt Lake City, Utah; Ms.
Laurie Bouillion Larrea, President, Workforce Solutions Greater
Dallas, Dallas, Texas; Mr. Jaime S. Fall, Vice President,
Workforce and Talent Development Policy, HR Policy Association,
Washington, DC; and Mr. Bruce G. Herman, Organizer and
Strategist, National Call to Action, Brooklyn, New York.
October 25, 2011--``Government-Run Student Loans: Ensuring the Direct
Loan Program is Accountable to Students and Taxpayers''
(Printed Hearing 112-45)
The purpose of the hearing was to learn more about the U.S.
Department of Education's and institutions' implementation of
the Direct Loan (DL) program.
Witnesses: Mr. James Runcie, Chief Operating Officer,
Office of Federal Student Aid, U.S. Department of Education,
Washington, DC; Mr. Ron Day, Director of Financial Aid,
Kennesaw State University, Kennesaw, Georgia; Mr. Mark A.
Bandre, Vice President for Enrollment Management and Student
Affairs, Baker University, Baldwin City, Kansas; and Ms. Nancy
Hoover, Director of Financial Aid, Denison University,
Granville, Ohio.
November 30, 2011--``Keeping College within Reach: Discussing Ways
Institutions Can Streamline Costs and Reduce Tuition'' (Printed
Hearing 112-48)
The purpose of the hearing was to examine the issue of
rising college costs.
Witnesses: Ms. Jane V. Wellman, Executive Director, Delta
Project on Postsecondary Costs, Productivity, and
Accountability, Washington, DC; Dr. Ronald E. Manahan,
President, Grace College and Seminary, Winona Lake, Indiana;
Mr. Tim Foster, President, Colorado Mesa University, Grand
Junction, Colorado; and Mr. Jamie P. Merisotis, President and
Chief Executive Officer, Lumina Foundation for Education,
Indianapolis, Indiana.
Subcommittee on Health, Employment, Labor and Pensions
In the second quarter of the 112th Congress, the
subcommittee held two hearings.
July 26, 2011--``Redefining `Fiduciary': Assessing the Impact of the
Labor Department's Proposal on Workers and Retirees'' (Printed
Hearing 112-34)
The purpose of the hearing was to examine a proposed rule
from the U.S. Department of Labor's Employee Benefits Security
Administration amending its long-standing interpretation of the
definition of ``fiduciary'' in the Employee Retirement Income
Security Act of 1974.
Witnesses: The first panel included The Honorable Phylllis
Borzi, Assistant Secretary of Labor of the Employee Benefits
Security Administration, Washington, DC. The second panel
included Mr. Kenneth Bentsen, Jr., Executive Vice President,
Public Policy and Advocacy at the Securities Industry and
Financial Markets Association, Washington, D.C.; Mr. Kent
Mason, Partner, Davis & Harman LLP, Washington, DC; Mr. Donald
Myers, Partner, Morgan, Lewis & Bockius, LLP, Washington, D.C.;
Mr. Jeffrey Tarbell, Director, Houlihan Lokey, San Francisco,
California; and Mr. Norman Stein, Professor, Earle Mack School
of Law, Drexel University, Philadelphia, Pennsylvania.
October 13, 2011--``Regulations, Costs, and Uncertainty in Employer
Provided Health Care'' (Printed Hearing 112-44)
The purpose of this hearing was to examine a tri-agency
regulation defining ``grandfathered'' health care plans under
the Patient Protection and Affordable Care Act (PPACA).
Witnesses: Ms. Grace-Marie Turner, President, Galen
Institute, Alexandria, Virginia; Mr. Dennis Donahue, Managing
Director, Wells Fargo Insurance Services USA, Inc., Chicago,
Illinois, testifying on behalf of the Council of Insurance
Agents and Brokers; Ms. Robyn Piper, Founder and President,
Piper Jordan, San Diego, California; and Mr. Ron Pollack,
Founding Executive Director, Families USA, Washington, DC.
OVERSIGHT ACTIVITIES
Correspondence
In addition to the numerous hearings held by the committee
to provide oversight of federal programs, the committee
initiated the following correspondence in the first session of
the 112th Congress consistent with its responsibility to
evaluate the effectiveness and administration of federal laws
under its jurisdiction.
January 20, 2011--Letter to Comptroller General Gene
Dodaro, U.S. Government Accountability Office (GAO), regarding
a request for the GAO to report on Science, Technology,
Engineering, and Math (STEM) education programs.
January 31, 2011--Letter to Secretary Arne Duncan, U.S.
Department of Education, regarding the compliance of proposed
gainful employment regulations with the Data Quality Act.
February 1, 2011--Letter to Comptroller General Gene
Dodaro, U.S. Government Accountability Office (GAO), regarding
a GAO report prepared by the Forensic Audit & Special
Investigations Unit.
February 3, 2011--Letter to Comptroller General Gene
Dodaro, U.S. Government Accountability Office (GAO), regarding
a GAO report prepared by the Forensic Audit & Special
Investigations Unit.
March 3, 2011--Letter to Chairman Wilma Liebman, National
Labor Relations Board (NLRB), regarding the NLRB budget.
March 4, 2011--Letter to Chairman Wilma Liebman, National
Labor Relations Board (NLRB), regarding NLRB advertisements.
March 7, 2011--Letter to Assistant Secretary Joseph Main,
Mine Safety and Health Administration, U.S. Department of
Labor, regarding a request for production of the Office of
Accountability documents.
March 7, 2011--Letter to Chairman Wilma Liebman, National
Labor Relations Board, regarding the Specialty Healthcare case.
March 21, 2011--Letter to Secretary Hilda Solis, U.S.
Department of Labor, regarding questions for the record
following the hearing ``Policies and Priorities at the
Department of Labor'' held on February 16, 2011.
March 23, 2011--Letter to Secretary Hilda Solis, U.S.
Department of Labor, regarding questions for the record
following the hearing ``State of the American Workforce'' held
on January 26, 2011.
March 30, 2011--Letter to Secretary Arne Duncan, U.S.
Department of Education, regarding questions for the record
following the hearing ``Budget and Policy Proposals of the U.S.
Department of Education'' held on March 9, 2011.
April 13, 2011--Letter to Secretary Tom Vilsack, U.S.
Department of Agriculture, regarding the implementation of the
Hunger Free Kids Act of 2010.
April 14, 2011--Letter to Secretary Hilda Solis, U.S.
Department of Labor, Secretary Timothy Geithner, U.S.
Department of the Treasury, and Mr. Douglas Shulman,
Commissioner of the Internal Revenue Service, regarding the
proposed regulation on the definition of fiduciary under the
Employee Retirement Income Security Act.
April 27, 2011--Letter to President Barack Obama regarding
funding for U.S. Department of Education proposed regulations
on gainful employment.
May 5, 2011--Letter to Acting General Counsel Lafe Solomon,
National Labor Relations Board, regarding the Boeing case.
May 11, 2011--Letter to Chairman Wilma Liebman, National
Labor Relations Board, regarding the Specialty Healthcare case.
May 24, 2011--Letter to Secretary Arne Duncan, U.S.
Department of Education, regarding the notice of proposed
rulemaking on the Family Education Rights and Privacy Act.
June 3, 2011--Letter to Acting Inspector General Daniel
Petrol, U.S. Department of Labor, regarding comprehensive
review audits of the enforcement of safety and health
regulations by the Mine Safety and Health Administration.
June 6, 2011--Letter to Assistant Secretary Joseph Main,
Mine Safety and Health Administration, U.S. Department of
Labor, regarding the proposed rule on respirable coal dust.
June 16, 2011--Letter to Secretary Hilda Solis, U.S.
Department of Labor, regarding the Wage and Hour Division's
attorney referral program with the American Bar Association.
June 23, 2011--Letter to Secretary Arne Duncan, U.S.
Department of Education, regarding U.S. Department of Education
waivers of the Elementary and Secondary Education Act
requirements.
July 8, 2011--Letter to Comptroller General Gene Dodaro,
U.S. Government Accountability Office, regarding Federal
Employees' Compensation Act data.
July 8, 2011--Letter to Comptroller General Gene Dodaro,
U.S. Government Accountability Office, regarding a request to
review the Occupational Safety and Health Administration's
enforcement of safety standards, in relation to state plan
safety programs.
July 8, 2011--Letter to Director John Howard, National
Institute for Occupational Safety and Health, regarding request
for methane gas study materials.
July 22, 2011--Letter to Comptroller General Gene Dodaro,
U.S. Government Accountability Office (GAO), regarding GAO
study of regulatory burdens faced by schools.
July 27, 2011--Letter to Assistant Secretary David
Michaels, Occupational Safety and Health Administration, U.S.
Department of Labor, regarding U.S. Department of Labor
interactions with UNITE HERE.
August 4, 2011--Letter to Secretary Arne Duncan, U.S.
Department of Education, regarding consultant contracts at the
U.S. Department of Education.
August 4, 2011--Letter to Acting Inspector General Daniel
Petrol, U.S. Department of Labor, regarding additional
information in connection with the June 17, 2011 letter.
August 17, 2011--Letter to Assistant Secretary David
Michaels, Occupational Safety and Health Administration, U.S.
Department of Labor, regarding safety standards for
telecommunications towers.
August 18, 2011--Letter to Assistant Secretary David
Michaels, Occupational Safety and Health Administration, U.S.
Department of Labor, regarding suggested rulemaking on the
silica standard.
September 21, 2011--Letter to Secretary Hilda Solis, U.S.
Department of Labor, regarding proposed rulemaking on the
advice exception under the Labor-Management Reporting and
Disclosure Act.
September 30, 2011--Letter to Secretary Hilda Solis, U.S.
Department of Labor, regarding the Wage and Hour Division's
anticipated rulemaking entitled ``Right to Know Under the Fair
Labor Standards Act.''
October 7, 2011--Letter to Comptroller General Gene Dodaro,
U.S. Government Accountability Office, regarding Race to the
Top implementation.
October 7, 2011--Letter to Secretary Hilda Solis, U.S.
Department of Labor, regarding the anticipated rulemaking for
the definition of companionship services under the regulation
for the Fair Labor Standards Act.
October 7, 2011--Letter to Secretary Arne Duncan, U.S.
Department of Education, regarding inappropriate release of the
proposed gainful employment regulations.
October 14, 2011--Letter to Chairman Mark Pearce, National
Labor Relations Board, regarding a request for information on
pending union election challenges.
October 14, 2011--Letters to Offices within the U.S.
Departments of Agriculture, Education, Health and Human
Services, Interior, Justice, Labor, and the Environmental
Protection Agency, in addition to other federal agencies,
regarding oversight of activities (42 letters in total).
Department of Agriculture:
Under Secretary Kevin Concannon, Administration on
Food, Nutrition, and Consumer Services
Department of Education:
Assistant Secretary Peter Cunningham, Office of
Communications and Outreach
Director John Easton, Institute of Education
Sciences
Assistant Secretary Russlynn Ali, Office of Civil
Rights
Acting Chief Financial Officer Thomas Skelly,
Office of the Chief Financial Officer
Principal Deputy Assistant Secretary Winona
Varnon, Office of Management
Chief Information Officer Danny Harris, Office of
the Chief Information Officer
Assistant Secretary Carmel Martin, Office of
Planning, Evaluation, and Policy Development
Director Karen Cator, Office of Education
Technology
Under Secretary Martha Kantor, Office of the Under
Secretary
Chief Operating Officer Jim Runcie, Office of
Federal Student Aid
Assistant Secretary Brenda Dann-Messier, Office of
Vocational and Adult Education
Assistant Secretary Eduardo Ochoa, Office of
Postsecondary Education
Director Brenda Girton-Mitchell, Center for Faith
Based and Neighborhood Partnerships
Director Maureen McLaughlin, Office of
International Affairs
Deputy Secretary Tony Miller, Office of the Deputy
Secretary
Assistant Deputy Secretary Jim Shelton, Office of
Innovation and Improvement
Assistant Secretary Alexa Posny, Office of Special
Education and Rehabilitative Services
Assistant Deputy Secretary Rosalinda Barrera,
Office of English Language Acquisition
Acting Assistant Secretary Michael Yudin, Office
of Elementary and Secondary Education
Commissioner Lynnae Ruttledge, Rehabilitation
Services Administration
Department of Health and Human Services:
Acting Assistant Secretary George Sheldon,
Administration on Children and Families
Assistant Secretary Kathy Greenly, Administration
on Aging
Director Yvette Sanchez Fuentes, Office of Head
Start
Director Shannon L. Rudisill, Office of Child Care
Director Alexia Kelley, Center for Faith-Based and
Neighborhood Partnerships
Department of the Interior:
Assistant Secretary Larry Echo Hawk, Bureau of
Indian Affairs
Department of Justice:
Acting Administrator Jeff Slowikowski, Office of
Juvenile Justice and Delinquency Prevention
Department of Labor:
Assistant Secretary Jane Oates, Employment and
Training Administration
Director Rev. Phil Tom, Center for Faith Based and
Neighborhood Partnerships
Director Edna Primrose, Office of Job Corps
Acting Assistant Secretary Junior Ortiz, Office of
Veterans Employment and Training Service
Environmental Protection Agency:
Acting Director Lina Younes, Office of
Environmental Education
Institute of Museum and Library Sciences:
Director Susan Hildreth, Office of the Director
National Endowment for the Arts:
Chairman Rocco Landesman, Office of the Chairman
Acting Director/Arts Education Program Officer
Daniel Beattie, Literature and Arts Education Division
Acting Presenting Director, Acting
Multidisciplinary Arts Team Leader Douglas Sonntag,
Multidisciplinary Arts Division: Artists Communities/Folk and
Traditional Arts/Presenting
State and Regional Director, Partnership Team
Leader Laura Scanlan, Partnership Division: Accessibility/
Challenge America/Local Arts Agencies/States
Dance Director, Performing Arts Team Leader
Douglas Sonntag, Performing Arts Division: Dance/Music/Opera/
Musical Theater/Theater
Museums and Visual Arts Director, Visual Arts Team
Leader Robert Frankel, Visual Arts Division: Design/Media Arts/
Museums/Visual Arts
National Endowment for the Humanities:
Chairman Jim Leach, Office of the Chairman
The Corporation for National Community Service:
Acting CEO Robert Velasco, II, Office of the Chief
Executive Officer
October 27, 2011--Letter to Secretary Arne Duncan, U.S.
Secretary of Education, regarding proposals to alter federal
student aid policies.
October 27, 2011--Letter to Chairman Mark Pearce, National
Labor Relations Board, regarding the June 22, 2011 proposed
rule on union election procedures.
October 31, 2011--Letter to Assistant Secretary Jane Oates,
Employment Training Administration, U.S. Department of Labor,
regarding questions for the record following the hearing
``Workforce Challenges Facing the Agriculture Industry'' held
on September 13, 2011.
November 15, 2011--Letter to Secretary Arne Duncan, U.S.
Department of Education, and Secretary Kathleen Sebelius, U.S.
Department of Health and Human Services, regarding the Early
Learning Challenge program.
November 18, 2011--Letter to Assistant Secretary Phyllis
Borzi, Employee Benefits Security Administration, U.S.
Department of Labor, regarding the proposed rule to redefine
fiduciary under the regulations for the Employee Retirement
Income Security Act.
November 18, 2011--Letter to Chairman Mark Pearce, National
Labor Relations Board, regarding the June 22, 2011 proposed
rule on union election procedures.
November 30, 2011--Letter to Assistant Secretary Joseph
Main, Mine Safety and Health Administration (MSHA), U.S.
Department of Labor, regarding oversight of MSHA technical
reports activities.
MINORITY VIEWS
INTRODUCTION
Committee Democrats are committed to growing and
strengthening America's middle class. As laid out in the
Minority Views of the First Quarter Activities Report for the
112th Congress, the jurisdiction of the Committee on Education
and the Workforce provides numerous opportunities via oversight
and legislative activity to pursue public policies that support
the middle class and those who strive to join it. This means
promoting job creation, improving all Americans' access to
quality education, addressing the squeeze on Americans' incomes
caused by stagnant wages and rising costs, providing security
in health and retirement, ensuring equal opportunity for all,
and protecting basic health and safety at school and work.
Unfortunately, in the second quarter of this Congress, as in
the first, the Committee's activities have instead largely
focused on pushing a tired ideological agenda.
EDUCATION POLICY AND OVERSIGHT
Committee Democrats believe that ensuring all students have
access to a top-quality education, from early childhood to
university, must be an absolute national priority. Providing
all students with an education that prepares them to succeed in
the 21st century global economy is critical to the long-term
strength of our Nation.
Early Education. Experts in fields as diverse as child
development to military readiness agree that access to high
quality early childhood education is critical to our Nation's
future. Early childhood programs are fiscally responsible as
they yield savings from improved child outcomes. Nevertheless,
funding for programs like Head Start came under assault by
House Republicans early in the session. Early childhood issues
deserve the Committee's attention. Unfortunately, Committee
Republicans have not held a single early childhood hearing this
Congress.
Elementary and Secondary Education. The intrinsic link
between a good education system and a sound economy is why
President Obama has called on Congress to reauthorize the
Elementary and Secondary Education Act (ESEA) this year.
Committee Democrats share the President's concern that the
United States is falling further behind our economic peers in
education. Since the beginning of this Congress, Committee
Democrats have been calling for a bipartisan ESEA
reauthorization bill that tackles our current education
challenges and modernizes the system as a whole.
Committee Democrats believe that ESEA reauthorization
should set high standards and goals of college and career
readiness and support a modern assessment system; maintain
accountability for all students, including current subgroups,
but through a richer index of measures that uses growth and
graduation rates; provide states, districts, and schools with
the flexibility to improve schools based on their student,
school and community needs, including providing wraparound
services; facilitate data-based decision making to support a
performance-based system; ensure performance is transparent to
parents and communities so that they can participate in their
schools and support their success; and support a professional
environment for teachers and school leaders and provide them
with the information and resources necessary to succeed.
ESEA reauthorization remains to be done. This quarter, the
Committee moved a charter schools reform bill with bipartisan
support. It also moved highly partisan legislation that
eviscerates the very civil rights principles that drove
creation of the first ESEA. H.R. 2445, reported out of the
Committee with all Democrats voting in opposition, raids
federal funding for disadvantaged and minority students and
undermines federal efforts at ensuring equal opportunity in
schools.
History shows that reauthorization of ESEA requires
bipartisanship. For the benefit of students, partisanship
should be set aside, and Republicans and Democrats should do
the hard work of hammering out a consensus on education reform.
Unfortunately, at the end of this session, Committee
Republicans have indicated that they have begun work on a
partisan ESEA reauthorization bill, putting in peril any hopes
of enacting desperately needed updates to the law this
Congress.
Higher Education. Ensuring access to an affordable college
education is critical to a competitive 21st Century workforce
and a critical responsibility of this Committee. The Majority's
report underscores how little attention was paid in this
quarter to examining the real obstacles students seeking a
college degree face and the federal student aid programs that
support students. But for a hearing on the high-cost of college
and another on the successful transition to the Direct Lending
program, the Majority choose to repackage anti-regulation
hearings from the first six months of this Congress and yield
policy choices impacting Pell Grant eligibility to
appropriators in the eleventh hour. The Pell Grant is the
cornerstone of federal student aid and this Committee chose not
to hold a single hearing exploring ways to maintain its fullest
availability. In light of the changes appropriators made to
this important program, this Committee must monitor the impact
of these choices very carefully over the next year.
Child Nutrition. One in three children is overweight or
obese, putting them at greater risk of developing other serious
health problems. In the 111th Congress, an enacted, bipartisan
child nutrition reauthorization established a timeline for the
United States Department of Agriculture (USDA) to issue
regulations for providing healthier meals to students in
school. USDA has already begun this deliberative, science-based
process. Unfortunately, the Republican Majority in the House
included a provision in the House Agriculture Appropriations
Bill to roll back USDA's efforts to improve the quality of
school meals for students. A version of this provision was
later included in the Consolidated and Further Continuing
Appropriations Act, 2012 (H.R. 2112, P.L. 112-55), which was
signed into law on November 18, 2011. The final bill allows
politics and powerful lobby groups to win over sound science.
The law blocks USDA from limiting starchy vegetables to two
servings a week (the rule was intended to cut down on french
fries, which some schools serve daily); allows USDA to count
two tablespoons of tomato paste as a vegetable, which means
that pizza could be considered a vegetable; and requires
further study on long-term sodium reduction requirements set
forth by the USDA guidelines. Committee Democrats strongly
oppose these provisions and remain committed to ending the
obesity crisis to help children succeed in school and live
healthier lives.
Child Safety. Republican Committee activities' lack of
attention to child safety issues is concerning. These issues
demand Committee action.
For example, potential weaknesses in laws designed to keep
children safe have come to light in the wake of the alleged
sexual crimes committed on the campuses of the Pennsylvania
State University and the Citadel. Democrats called on Committee
Republicans to hold a hearing to evaluate any inherent
weaknesses, inconsistencies, or inadequate implementation of
Section 485(f) of Title IV of the Higher Education Act of 1965,
also known as the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (the Clery Act), and the
Child Abuse Prevention and Treatment Act that may put children
at risk of harm. But no hearing has been scheduled.
Following investigations and oversight work conducted in
previous Congresses, Democrats have introduced bills that have
received bipartisan support to address child abuse issues in
teen residential programs and in school settings. The Stop
Child Abuse in Residential Programs for Teens Act passed the
U.S. House of Representatives twice with bipartisan support in
the 110th and 111th Congresses. The legislation was
reintroduced in this Congress earlier this year. The Keeping
All Students Safe Act, which establishes minimum safety
standards on seclusion and restraint of students in schools,
was also introduced this year. No Committee action has been
taken on either bill or the underlying issues. Every day of
inaction puts more children in harm's way.
Concussions among student athletes are an alarmingly common
problem that demands immediate attention. Committee Democrats
reintroduced the Protecting Student Athletes from Concussion
Act, which sets minimum safety standards for concussion
management in public schools. Despite ample bipartisan support
for similar legislation across States and communities,
Committee Republicans have failed to take action.
LABOR POLICY AND OVERSIGHT
Labor-related hearings and markups called by Committee
Republicans largely focused on ways to undo laws and rules that
protect workers and ignored positive legislative solutions that
would create and restore good-paying jobs for the American
middle class. Save for a bipartisan bill to update benefits and
implement program integrity measures under the Federal
Employees Compensation Act, labor bills moved by the Committee
Republicans aimed to roll back workers' rights. Despite
requests from Committee Democrats, the Committee held no
hearings on legislation to create jobs, such as President
Obama's American Jobs Act. The jobs crisis for approximately 24
million unemployed and underemployed Americans has simply gone
unaddressed by the Committee.
National Labor Relations Board (NLRB). In lieu of focusing
on the jobs crisis, Committee Republicans spent a significant
amount of the Committee's time on issues related to the NLRB.
Over the past year, Committee Republicans have made repeated
attacks against the NLRB, a small independent agency that
administers and enforces the National Labor Relations Act
(NLRA) and the rights of workers to organize and collectively
bargain. The exercise and the enforcement of those rights
appear to be the target of a wide-ranging campaign against
labor unions on Capitol Hill and in certain statehouses.
During the first quarter of 112th Congress, hearings were
held to accuse the NLRB of bias and to question the exercise of
workers' First Amendment rights in campaigns to win better
wages and working conditions. These hearings came in the
context of attempts to cut or eliminate entirely the funding
for the NLRB in the year's first appropriations bill.
The second quarter has been little different. A July 7
hearing attacked a proposed NLRB rule to modernize the union
election rules by reducing avoidable delays. Such delays are an
essential part of the business model used by anti-union
consultants to frustrate workers' hopes of having a vote.
Delays buy more time to engage in both lawful and unlawful
anti-union campaigning. A September 22 hearing attacked three
NLRB decisions in August. Two of these reversed Bush-era Board
decisions from 2002 and 2007 that had upended decades of
precedent which had promoted stability in collective bargaining
relationships. A third case involved the application of a
traditional community-of-interest standard to bargaining unit
determinations in non-acute health care facilities. Though the
decisions were well within the mainstream of NLRB
jurisprudence, they were held up as examples of the NLRB being
out of control and requiring congressional intervention.
The Committee Republicans moved two bills to significantly
undermine workers' rights to organize and collectively bargain.
The first, H.R. 2587, would eliminate the NLRB's authority to
order an employer to restore jobs and production when an
employer unlawfully retaliates against employees for exercising
their NLRA rights. Effectively, it would make outsourcing jobs
to overseas locations easier. The bill passed the House in a
very partisan vote with no further action this quarter. The
second, H.R. 3094, would operate to delay and ultimately
prevent union elections, incentivizing frivolous litigation for
that purpose and empowering employers to gerrymander bargaining
units as a way to avoid triggering an election altogether. This
bill also passed the House in a very partisan vote with no
further action this quarter.
Protecting workers' rights helped build America's middle
class. Attacks on these rights and the agency that enforces
them only weakens prospects for a fair and sustainable recovery
with good jobs for all. Committee Democrats will continue to
fight for American workers' rights and jobs.
Mine Safety and Health Administration (MSHA). On April 5,
2010, a massive explosion ripped through Massey's Upper Big
Branch (UBB) mine in Montcoal, West Virginia, killing 29 miners
and injuring two in the worst coal mine accident in our country
in nearly 40 years. Despite repeated testimony before this
Committee by the Assistant Secretary of Labor for Mine Safety
asking for reform legislation that would give MSHA additional
tools to protect miners, Committee Republicans have stated that
they need to wait for investigation reports to be completed
before considering reforms.
Multiple major investigative reports have now been issued
by the West Virginia Governor's Independent Investigation
Panel, MSHA, and the United Mine Workers of America. The
reports point to a mine operator that put production over
safety time and time again. Miners were intimidated from
speaking out. MSHA inspections were frustrated by a company
practice of providing advance notice of an inspector's visit.
The corporate culture tolerated safety violations that put
miners at risk. Not only did the operators of the Upper Big
Branch mine repeatedly violate the Mine Act, their ``practices
and procedures encouraged non-compliance,'' according to MSHA's
most recent report on the incident. And, importantly, the
reports called for statutory reforms to better protect miners.
On April 15, 2011, Democrats introduced the Robert C. Byrd
Mine Safety Protection Act (H.R. 1579), which includes 10
legislative recommendations made by the Governor's Panel and
the Inspector General. To date, Committee Republicans have not
acted on this bill, the calls from investigators for statutory
reform, or MSHA's request for new enforcement tools to help
protect miners from unsafe operators.
Occupational Safety and Health Administration (OSHA). Based
on preliminary data, in 2010, 4,547 workers were killed from
traumatic injuries and there were 3.9 million occupational
injuries with between $159 to $318 billion in direct and
indirect costs for disabling injuries. Rather than enacting
pro-worker safety laws that would require employers to promptly
abate violations, expand coverage for state and local
government workers, provide for modern whistleblower
protections or speed the adoption of standards to prevent
combustible dust explosions, Committee Republicans have urged
OSHA to roll back agency work on proposed standards to prevent
silicosis, attacked OSHA proposals to improve recordkeeping of
the estimated 962,000 musculoskeletal injuries each year, and
called on OSHA to postpone enforcement of OSHA rules that would
improve safety protections against fatal falls in residential
roofing and repair.
Committee Democrats believe that job safety laws need to be
strengthened. To bring the Occupational Safety and Health Act
of 1970 (OSHAct) into the 21st century, Democrats have
introduced the Protecting America's Workers Act (H.R. 190). To
implement a key recommendation from the National Commission on
the Deepwater Horizon Oil Spill and Offshore Drilling,
Democrats introduced the Offshore Oil and Gas Worker
Whistleblower Protection Act (H.R. 503). To speed the adoption
of regulations needed to prevent combustible dust explosions
and fires, Democrats introduced the Worker Protections Against
Combustible Dust Explosions and Fires Act of 2011 (H.R. 522).
To better protect workers from recognized hazards, Committee
Democrats have asked the Government Accountability Office (GAO)
to identify the roadblocks to timely issuance of OSHA health
and safety standards. To assess the fiscal impacts on state
OSHA plans from state and federal budget cuts, Committee
Democrats have asked GAO to assess whether budget cuts could
cause some state plans to cede jurisdiction over private sector
workplaces back to federal OSHA because they cannot maintain
minimum staffing levels or satisfy federal performance
benchmarks.
Job Training. With 6 million Americans out of work for at
least six months, millions of Americans need access to
education and training to get a job. After an initial House
Republican proposal at the start of the 112th Congress to
effectively zero out federal funding for worker training,
Committee Republicans called a number of general hearings on
the topic in certain congressional districts and in Washington,
D.C. Witness testimony, however, demonstrated the need for
federal involvement in the nation's workforce investment
programs. One witness explained that federal ``funding was
absolutely critical to our region's ability to expand and
improve vital workforce services at the most critical moment in
decades.'' Another witness suggested that if funding for the
Workforce Investment Act were drastically reduced or
eliminated, ``the desperation in our communities would
heighten.'' These warnings should be heeded. Committee
Republicans, however, have supported proposals that would make
major funding and program cuts to job training.
Committee Democrats believe in strengthening workforce
investment so that workers have the skills needed for the jobs
of today's changing economy. The Committee needs to reauthorize
the Workforce Investment Act, to modernize the workforce
investment system and align it more effectively with the labor
market, so that both employers' needs for qualified workers and
workers' needs for good-paying jobs can be met.
Health Care. Despite Republican efforts to undo the
Affordable Care Act (ACA), the Committee heard from many
witnesses this Congress who testified in support of the law and
its benefits for millions of Americans. Not only has the law
started to improve the health care benefits of American
families, the law has spurred desperately needed job growth
within our economy. According to the Bureau of Labor
Statistics, more than 500,000 jobs have been created in the
health care and social assistance sector since the passage of
the ACA in March 2010. Additionally, the Bureau of Labor
Statistics projects that nearly 4 million jobs will be added to
the health care and social assistance sector between 2008 and
2018.
The ACA protects American families against some of the
worst abuses of the health insurance industry such as the
retroactive rescission of coverage when an enrollee becomes
sick and lifetime limits on coverage. The law also ensures that
Americans are actually receiving value for their premium
dollars and requires rebates of premiums if they exceed federal
caps for padding health insurer profits instead of paying for
needed medical care. Over 2.5 million additional young adults
between the ages of 19 and 25 have already gained health
insurance coverage as a result of the ACA's expanded access to
dependent coverage.
Despite these benefits, the Committee Republicans continued
to focus on re-litigating past fights rather than working to
ensure that all American have access to quality, affordable
health care. Committee Democrats believe we must continue to
oversee and promote the continued implementation of the ACA to
ensure that American families have increased access to
affordable, quality health care coverage.
Retirement Security. Surveys show that after the economy
and jobs, Americans are worried about their retirement
security. Over half of Americans do not believe they will have
adequate income to retire and instead believe they will have to
work throughout their senior years. The shift from defined
benefit pensions to 401(k) type savings accounts that do not
guarantee a pension has further exacerbated workers' retirement
insecurity. Over half of workers have less than $32,000 in
retirement savings. Workers who are sacrificing to save for
retirement are faced with an array of investment products and
may need education and advice on how best to protect their
assets. Federal pension law has always made clear that
retirement advice must be in the workers' interest, but
Department of Labor regulations included numerous exemptions
from the statute. The Department is undertaking an effort to
modernize its protections to prevent conflicts of interest and
assure that investment recommendations are in the worker's best
interest. The Majority held a hearing to question changes to
existing financial services industry practices. The Department
agreed to re-consider its proposed changes to protect workers
retirement savings from conflicts of interest. Committee
Democrats support strong protections for workers' retirement
savings and urge the Committee to take additional steps to
expand workers' access to adequate retirement income.
On the oversight front, spurred by a multi-year effort by
Committee Democrats to investigate the handling of United
Airlines' 2004 and 2005 pension plan terminations, the largest
terminations in history, the Inspector General of the Pension
Benefit Guaranty Corporation (PBGC) issued a report in December
finding widespread mismanagement of plan terminations at the
agency stretching back many years, affecting not just United,
but also other terminated pension plan valuations. The PBGC has
committed to rectifying its errors, and Ranking Member Miller
intends to closely monitor the PBGC's efforts to ensure that
workers and retirees receive the accurate and maximum benefits
owed to them under the law.
Employment Standards--Wage and Hour Protection. The Fair
Labor Standards Act (FLSA) is the nation's key law governing
wages and hours of work. It establishes the federal minimum
wage, sets standards for when employers must pay overtime, and
prohibits many forms of child labor. The FLSA is as relevant
today as when it was originally enacted during the Great
Depression in 1938. The law continues to encourage job creation
and protects a worker's right to a fair day's pay for a fair
day's work.
Effective enforcement of this law is critical to a fair
economy. In the last Congress, Committee Democrats shone a
light on fundamental failures at the Department of Labor to
properly handle and pursue workers' complaints. In this recent
quarter of the 112th Congress, however, Committee Republicans
have questioned whether the law should be as enforced as it is.
Despite the magnitude of problems like wage theft and
misclassification confronting workers, Committee Republicans
took issue with even minor initiatives for improving
enforcement at the Department of Labor, such as the Bridge to
Justice Program, the Wage and Hour Division's partnership with
the American Bar Association to provide workers with access to
an attorney referral service for wage claims the Division is
unable to pursue.
Committee Democrats will continue to explore legislative
solutions to the problems of wage theft and misclassification
and urge the Committee to ensure that the Department of Labor
has adequate resources and effective processes in place to
enforce existing wage and hour protections.
Committee Democrats are also committed to ensuring
government expenditures are not used to drive down workers'
wages. The Davis-Bacon Act, Service Contract Act, and federal
project labor agreements are critical protections for
construction and service workers on federal projects. However,
Committee Republicans have expressed concern over the Davis
Bacon prevailing wage determination process. Committee
Republicans held a hearing examining the Department of Labor's
wage methodology, pointing to a Government Accountability
Office (GAO) report that found issues with the wage methodology
process. However, this report did not conclude that Davis Bacon
prevailing wage rates drive up the cost of federal construction
projects or inhibit job growth. Committee Democrats are
encouraged by the Department of Labor's recent efforts to
improve wage survey methodology for Davis-Bacon and will
continue to monitor those efforts. In the meantime, House
Republicans have repeatedly attempted to roll back prevailing
wage laws altogether in the 112th Congress. Those attempts to
undercut workers' wages have been unsuccessful.
George Miller.
Dale E. Kildee.
Robert E. Andrews.
Lynn C. Woolsey.
Carolyn McCarthy.
Dennis J. Kucinich.
Susan A. Davis.
Timothy H. Bishop.
Mazie K. Hirono.
Donald M. Payne.
Robert C. Scott.
Ruben Hinojosa.
John F. Tierney.
Rush Holt.
Raul M. Grijalva.
Dave Loebsack.