House Education & Workforce Committee Issues Report on Activities for 114th Congress (Part 3 of 4)

Targeted News Service

WASHINGTON, Jan. 21 -- The House Education and the Workforce Committee issued a report on the activities for 114th Congress. The report was advanced by Rep. John Kline, R-Minn., on Jan. 2.

MINORITY VIEWS

Early Childhood. Research is clear on both the short- and long-term positive outcomes of quality preschool programs, including reduction of achievement gaps in elementary and secondary education and significant returns on investment through reduced criminal activity, reliance on federal benefits, and other outcomes. Furthermore, state and local elected officials, business, school, law enforcement, military, and economic leaders have all expressed broad agreement that increasing such strategic investments in early childhood education are critical to our country's economic growth and military readiness. Committee Democrats are committed to improving access to high-quality early learning opportunities, as evidenced by the introduction of the Strong Start for America's Children Act of 2015, H.R. 2411, and leadership to prioritize early childhood education in reauthorization of the Elementary and Secondary Education Act (ESEA). H.R. 2411 would allow all children in families earning at or below 200% of the Federal Poverty Line the opportunity to attend a high-quality pre-K program.

During the first session of the 114th Congress, Committee Democrats fought successfully to include the authorization of Preschool Development Grants into the Every Student Succeeds Act (ESSA), which was signed into law in December of 2015. Additionally, access to high quality early childhood education as a crucial component to improving student success was prioritized throughout ESSA, such as by including early childhood educators in professional development programs, allowing for the use of Title I funds for district early learning programs, and allowing charter schools to use federal funds for preschool classrooms.

Large percentages of eligible children, however, continue to lack access to quality early learning programs. Many of these children live in under-resourced communities that are not able to help provide a nurturing environment. The disaster in Flint, Michigan is an example of how lack of investments and cuts in government funding lead to even more costly tragedies that disproportionately affect the most vulnerable communities. All children living in Flint and many in the surrounding communities suffered from lead poisoning due to a contaminated water supply. The effects of lead poisoning in children, especially children under age five, can lead to life-long impacts, including lower IQ, an inability to regulate behaviors, and chronic health effects. Early learning programs, such as Head Start and IDEA services for infants and toddlers, and child nutrition programs, such as WIC and the Child and Adult Care Food Program, are uniquely set up to help mitigate the effects of lead poisoning in children. Regrettably, repeated calls from Committee Democrats to hold a hearing on effectively using federal programs within the Committee's jurisdiction to mitigate the long-term negative impact of lead poisoning and increase federal investments for early learning resources in Flint went unanswered by the Republican Majority. Committee Democrats, during the second session, supported bipartisan efforts to include in appropriations bills, an increase in funding for Head Start and Child Care Development Block Grants, and continued funding for Early Head Start-Child Care Partnerships.

K-12 Education. During the 1st session of the 114th Congress, Committee Democrats joined the Majority and Members of the Senate Committee on Health, Education, Labor, and Pensions to successfully conference the House and Senate bills to reauthorize the Elementary and Secondary Education Act (ESEA). Conference came following a highly partisan Committee and protracted floor process that accompanied The Student Success Act, H.R. 5, which resulted in only narrow passage of the measure (with 12 Republicans joining a unified House Democratic Conference to oppose passage). In the face of widespread opposition to both the House and Senate bills, Committee Democrats strategically employed their considerable leverage at the Conference table to demand key equity-focused improvements to the ESEA reauthorization vehicle, resulting in a Conference report (The Every Student Succeeds Act, S. 1177) endorsed by a broad array of constituencies, including teachers, parents, state, district, and school administrators, and civil rights advocates, among others. President Obama signed ESSA on December 10th, 2015. Committee Democrats are proud of the role they played to secure a comprehensive ESEA reauthorization that honors the civil rights legacy of the law and upholds the Democratic principle of equity of educational opportunity.

Committee Democrats are particularly proud of the bipartisan consensus in support of key Democratic priorities, including provisions to require states to have challenging academic standards in reading and math; maintain annual, statewide assessments aligned to state standards to ensure that parents receive meaningful information about student and school performance; support responsible efforts to reduce over-testing in our nation's classrooms; ensure that all students count within the state's system of measuring and acting to support school improvement; repeal and replace adequate yearly progress with a strong state-developed accountability system that is focused on academic outcomes, but uses multiple measures of student learning and school success beyond tests; drives more equitable allocation of resources to support school improvement; and strengthens state and local responsibility for improving low-performing schools while requiring continuous improvement to support student learning, including a requirement to act when any individual subgroup of students is not learning.

Most importantly, Committee Democrats successfully fought to preserve the full regulatory, oversight, and enforcement authority of the U.S. Department of Education. Although ESSA transfers much responsibility to states, the statute maintains the Department's robust authority to fully implement the law. The Secretary is prohibited from interfering in some state and local decisions regarding accountability and school improvement activities, including interference with state discretion to set standards aligned to college entrance, but he or she is charged by Congress with holding each state accountable for compliance with statutory and regulatory requirements to ensure that implementation fulfills Congressional intent to hold all states accountable for meeting the needs of all students.

Committee Democrats worked with Committee Republicans to oversee the Department's implementation activity throughout the 2nd session and are pleased with the Departments urgency to provide states and school districts with clarity and guidance to ensure faithful implementation of the statute. Committee Democrats look forward to working with Committee Republicans and the incoming Administration to ensure implementation of ESSA adheres to the longstanding and bipartisan intent of Congress to protect and promote educational equity and civil rights for all students.

In addition to the Committee's legislative agenda, Committee Democrats worked with the Government Accountability Office (GAO) to investigate the status of socioeconomic and racial diversity in our nation's public schools. Released in May of 2016, the report shows an alarming trend of re- segregation in public education, leaving the promise of Brown v. Board unfulfilled. In response to the report's findings Committee Democrats introduced the Equity and Inclusion Enforcement Act, H.R. 5260 and the Stronger Together School Diversity Act of 2015, H.R. 5738. Committee Democrats also held a forum on the issue of school diversity after request for official committee action on the issue went ignored by the Chairman. Committee Democrats are committed to elevating this issue in the 115th Congress.

To support states and school districts in tackling the teacher shortage, Committee Democrats introduced the Innovations to Recruit and Retain Excellent Teachers Act, H.R. 6236, in November of 2016. Because issues of teacher recruitment and retention impact students' current and future socioeconomic outcomes, H.R. 6236 seeks to empower states and school districts to develop innovative, tailored strategies to ensure that students (especially those from low-income families) are taught by a well-supported and diverse workforce of excellent teachers. The bill would build on the recruitment and retention initiatives funded through ESEA Title II, as updated by ESSA. Committee Democrats are committed to robust support for public school teachers to deliver world-class instruction in every U.S. classroom.

Students with Disabilities. Committee Democrats are committed to meeting the developmental and educational needs of children with disabilities to empower each individual to pursue opportunities for independent living and full integration into society. To that end, Committee Democrats fought to successfully secure key protections for students with disabilities in ESSA, such as access to college- and career- ready standards; the one percent cap on alternate assessments based on alternate achievement standards for students with the most significant cognitive disabilities; school-level accountability for subgroup performance that requires action when any individual subgroup of students is not performing academically; and codification of both the four year adjusted and extended year graduation rates in a manner that affords states the appropriate credit for graduating students with significant cognitive disabilities who earn a diploma that is aligned to standards and requirements for a regular high school diploma.

Committee Democrats understand that these and other protections in ESSA, along with equity protections in the Individuals with Disabilities Act (IDEA) and Title IV of the Workforce Investment and Opportunity Act (WIOA) will be rendered meaningless without appropriate regulatory clarity and subsequent oversight and enforcement from the U.S. Department of Education. Committee Democrats look forward to working with Committee Republicans and the incoming Administration during the 115th Congress to ensure faithful implementation of federal law to protect and promote educational equity and civil rights for all students, including students with disabilities.

In the 115th Congress, Committee Democrats will fight to ensure that any reauthorization of the Individuals with Disabilities Education Act strengthens due process protections for students and families, provides schools with resources and supports so students with disabilities are held to high academic and achievement standards, and continues to improve access to general education curriculum for students with disabilities.

Child Nutrition. The Committee plays a critical role in the fight against hunger and the childhood obesity epidemic. In the 111th Congress, Committee Democrats led efforts to address these issues through enacting the Healthy, Hunger-Free Kids Act (HHFKA) which introduced stronger nutrition standards for foods served in schools, both during and outside the traditional meal service. These robust standards ensure that children are exposed to healthy foods and can begin forming healthy eating habits in order to grow into healthy adults. According to recent research, since the healthier standards have been put in place, the overall nutritional quality of the foods chosen by students has increased by 29 percent.1 Through the hard work of many actors at the local, state, and federal levels, the improved nutrition standards are in place at over 98 percent of schools participating in the National School Lunch Program.2 Unfortunately, these standards have been criticized by Republicans.

1Donna Johnson, Mary Podrabsky, Anita Rocha, JJ. Otten, "Effect of the Healthy Hunger-Free Kids Act on the Nutritional Quality of Meals Selected by Students and School Lunch Participation Rates," JAMA Pediatrics (January 4, 2016) available at: http://jamanetwork.com/ journals/jamapediatrics/article-abstract/2478057.

2USDA. School Meal Certification Data, (October 19, 2016) available at: http://www.fns.usda.gov/sites/default/files/cn/ SFAcert_FY16Q3.pdf.

Over the four Committee hearings held in the 114th Congress, Committee Democrats made clear that any reauthorization of child nutrition programs must build on what is already working and continue to improve services for those the programs are intended to serve. Rather than moving the country forward in a bipartisan fashion, the Committee considered and passed a highly partisan child nutrition reauthorization bill that would do the opposite. H.R. 5003, the Improving Child Nutrition and Education Act of 2016, would roll back access to and availability of nutritious meals, putting at risk the current and future health of millions of schoolchildren. The Republican reauthorization bill included an increased burden on schools and families who participate in school meals programs, a pilot program to block grant school meals programs, and weakened nutrition standards for the foods that fuel our nation's children and students. Not a single Democrat voted in favor of the misguided legislation.

Further, H.R. 5003 proposed drastic changes to a successful provision in the 2010 reauthorization that provides access to free, nutritious meals to millions of students from low-income families. The Community Eligibility Provision (CEP) allowed more than 18,000 schools across the country to serve free, universal, healthy school meals to 8.5 million children in school year 2015-2016 without the stigma or burden of paperwork.3 CEP has proven to be a powerful tool that allows school districts to provide easier access to nutritious meals for children in high-poverty schools and high-poverty areas by simplifying program eligibility and eliminating unnecessary and redundant school meal applications. Despite its demonstrated efficacy and popularity, H.R. 5003 would make it harder for schools and children to qualify for CEP, again, rolling back the progress of the 2010 reauthorization.

3Food Research Action Council & Center on Budget and Policy Priorities. Community Eligibility Adoption Rises for the 2015-2016 School Year, Increasing Access to School Meals, (May 13, 2016) available at: http://frac.org/pdf/take-up-of-cep-report.pdf.

Committee Democrats offered over two dozen amendments to H.R. 5003 with the goal of improving access to nutritious meals both inside and outside of school. Committee Democrats urged: preserving CEP and strong nutrition standards in child nutrition programs, improving summer and afterschool feeding programs so that those programs can reach more children (mirroring bipartisan legislation introduced by Rep. Davis and Rep. Bonamici, respectively), meaningful improvements to an expansion of WIC services, and ensuring that safe drinking water is available to all students. The amendments, along with the other amendments offered, represent the priorities of Committee Democrats that will continue to drive their efforts in improving federal child nutrition programs.

Child Safety. The safety of all children must be the highest priority for this Committee. In 2016, Committee Republicans and Committee Democrats collaborated on a bipartisan child welfare bill that unanimously passed the House to support children who are born dependent on opioids, known as Neonatal Abstinence Syndrome, due to the parent's addiction to illegal or prescription drugs. The Infant Plan of Safe Care Improvement Act, H.R. 4843, amended the Child Abuse Prevention and Treatment Act (CAPTA) to strengthen requirements for the state to ensure the safety of the infant and well-being of the caregiver following the child's release from a healthcare provider. The bill became law on July 22, 2016 as part of a larger legislative package to address opioid abuse called the Comprehensive Addiction and Recovery Act (CARA). CARA takes a broad approach to help Americans addicted to opioids, from reforming the drug approval process to providing better care for individuals suffering from addiction. While Committee Democrats welcome H.R. 4843 as a bipartisan achievement during the 114th Congress, Committee Democrats look forward to more robust Committee discussion on issues of child safety and well- being, including achieving a bipartisan comprehensive CAPTA reauthorization.

Committee Democrats were disappointed that Committee Republicans held no hearings on policy issues central to improving child safety, such as abusive seclusion and restraint practices in schools, child abuse in residential programs for teens, and the health risks for student athletes posed by concussions. Such hearings are essential for a thorough examination of legislative options that could lead to stronger protections for vulnerable children.

Additionally, Committee Democrats reintroduced legislation this Congress to protect student athletes from concussions. Sports-related youth concussions are a growing concern, with recent research estimating 1.6-3.8 million injuries occurring each year. Sponsored by Rep. DeSaulnier, the Protecting Student Athletes from Concussions Act of 2015, H.R. 2062, would, for the first time, set minimum safety standards for concussion management in public schools across the country with plans that educate students, parents, and school personnel about how to recognize and respond to concussions.

Student Data Privacy. Protecting student privacy is a priority that transcends party lines. In July of 2015 Committee Democrats and Committee Republicans worked to introduce the bipartisan Student Privacy Protection Act, H.R. 3157, a bill to modernize the Family Educational Rights and Privacy Act (FERPA) of 1974. Recognizing advances in the delivery of educational programs and services since the law's enactment, including use of modern technology, the legislation would update federal student data privacy protections to align with the evolving use of 21st century technology in kindergarten through postsecondary education. Committee Democrats believe that any efforts to improve FERPA must be bipartisan and not only modernize student protections, but also strengthen parental involvement, hold bad actors accountable, and allow for appropriate uses of technology and research for improving student outcomes. Despite multiple hearings on the issue of student data privacy throughout the 114th Congress, there was no further Committee action on H.R. 3157.

Juvenile Justice. In the 114th Congress, Committee Democrats sought to emphasize the importance of federal investment in research-based and effective juvenile justice and delinquency prevention programs. Ranking Member Scott and Committee Democrats strongly believe that federal supports for state juvenile justice systems need to be maintained and strengthened. Committee Democrats know that investments in evidence-based practices designed to both prevent children from committing juvenile offenses, and intervene in the lives of children having committed such offenses are cost-effective investments that result in fiscal savings and better outcomes for young people.

In too many communities in America, an ineffective educational system converges with an unresponsive juvenile justice system to create a "Cradle to Prison Pipeline." According to estimates from the Children's Defense Fund, 1 in 3 African-American Boys born in the year 2000 will spend a portion of their lives incarcerated. To bring Congressional attention to this problem and in an effort to dismantle the cradle to prison pipeline, and replace it with a Cradle to College or the Workforce Pipeline, Ranking Member Scott introduced H.R. 2197, the Youth Prison Reduction through Mentoring, Intervention, Support, and Education (Youth PROMISE) Act in May of 2015. This bipartisan legislation would fund the planning and implementation of locally tailored, holistic continuums of evidence-based programs designed to put young people on the right track and keep them there.

Committee Democrats remain committed to reauthorizing the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA). JJDPA provides federal money to states for the administration of state juvenile justice systems while also establishing core protections for juveniles in state systems. The law also authorizes prevention programs to keep young people from entering the juvenile justice system and intervention programs to prevent juvenile offenders from further interaction with the juvenile and criminal justice systems. Last updated in 2002, JJDPA has been out of authorization since 2007. Since fiscal year 2002, federal investment in these vital programs and services has decreased by more than 50 percent.

In June of 2015, Ranking Member Scott introduced H.R. 2728, the Youth Justice Act of 2015, a comprehensive reauthorization of the JJDPA. The bill raised authorization levels for juvenile justice programs considerably and strengthened all of the core protections for juveniles in the system. Committee Democrats' persistence on the issue was pivotal in the Committee convening a hearing in October of 2015 on juvenile justice. In June of 2016, the Committee held an informal roundtable with juvenile justice officials and service providers from around the country. Additionally, Committee members and staff attended site visits to juvenile justice facilities in the District of Columbia to better understand local implementation of federal juvenile justice programs.

As a result of this bipartisan work, on September 8, 2016, Rep. Curbelo and Ranking Member Scott introduced H.R. 5963, the Supporting Youth Opportunity and Preventing Delinquency Act of 2016. This comprehensive reauthorization of JJDPA sought to strengthen each of the federal core protections for youth in state systems, emphasize the use of evidence-based and trauma- informed practices in the administration of such systems, and restructure grant programs for delinquency prevention to a model based on the Youth PROMISE Act. The bill was reported out of Committee unanimously and passed the U.S. House of Representatives 382-29 on September 22, 2016, the first time a JJDPA reauthorization vehicle received a vote on the floor of either chamber of Congress since the 2002 reauthorization. While efforts to pass H.R. 5963 through the Senate were ultimately unsuccessful, Committee Democrats look forward to building upon this foundation to enact a bipartisan comprehensive JJDPA reauthorization in the next Congress.

Career and Technical Education. The Carl D. Perkins Career and Technical Education (CTE) Act provides federal support to state and local secondary and postsecondary education CTE programs that provide students the knowledge, skills, and experience necessary to succeed in today's competitive marketplace. Long overdue for reauthorization, Committee Republicans and Committee Democrats introduced a bipartisan bill, the Strengthening Career and Technical Education for the 21st Century Act, H.R. 5587, which overwhelmingly passed the House 405-5 on September 13, 2016. Despite overwhelming bipartisan and constituent support for the bill, the Senate failed to consider and pass H.R. 5587.

H.R. 5587 embodied Committee Democrats' commitments to reauthorize the law to increase alignment between CTE programs and careers; ensure opportunity for participation in CTE for underserved students; improve collaboration between secondary and postsecondary programs, industry, employers, and community partners; promote innovation in CTE programs; improve outcomes for students, employers, and communities; and strengthen the federal commitment to support delivery of high-quality CTE programs. Committee Democrats stand ready to resume work on a bipartisan reauthorization that honors these commitments in the next Congress.

Higher Education. Throughout the 114th Congress, Committee Democrats have prioritized equity in higher education by fighting to improve college access, affordability, and completion to ensure that all students--not just those who have been traditionally served by higher education--receive an equal chance at success.

While there are marked policy differences between Committee Democrats and Republicans on higher education, there were some areas of common ground. In July of 2015, Republican and Democratic members of the Committee came together to introduce bills to make discrete improvements in the areas of: data transparency (H.R. 3178, the Strengthening Transparency in Higher Education Act), financial aid counseling (H.R. 3179, Empowering Students Through Enhanced Financial Counseling Act), and simplification of the Free Application for Federal Student Aid (FAFSA) (H.R. 3177, the Simplifying the Application for Student Aid Act (later refiled as H.R. 5528)). In June of 2016, bipartisan legislation was introduced to enhance federal supports for institutions serving minority students, specifically at Hispanic-serving Institutions (H.R. 5529, the Accessing Higher Education Opportunities Act) and Historically Black Colleges and Universities (H.R. 5530, the HBCU Capital Financing Improvement Act). All of these bills were reported out of Committee and passed the U.S. House of Representatives unanimously, yet none have been acted on by the Senate.

While Committee Democrats are proud of this bipartisan collaboration, these bills are not a substitute for a comprehensive rewriting of the Higher Education Act. We remain focused on evidence-based, results driven higher education policies to improve access, affordability, and completion for all.

All members of the U.S. House of Representatives spoke with one voice when the chamber unanimously passed, in September of 2015, H.R. 3594, the Federal Perkins Loan Program Extension Act of 2015, bipartisan legislation to extend the Perkins Loan Program. Committee Democrats believe the Perkins program is an important tool that gives college financial aid offices flexibility to tailor awards to students. Unfortunately, Senate amendments to H.R. 3594 made the undergraduate Perkins program less generous and eliminated new borrowers to the graduate program. In order to keep the Perkins program alive, House Democratic and Republican members agreed to the Senate amendments.

Evidence shows that many low-income students and parents are deterred from even applying to college due to exorbitant college costs and general unawareness of federal financial aid that can make college more affordable. Because a college degree remains the greatest driver of socioeconomic mobility in America, Ranking Member Scott introduced H.R. 2962, the America's College Promise Act of 2015 to make two years of community college free and provide an affordable pathway to a four-year college degree for low-income students. Committee Democrats believe advancing comprehensive policy solutions to improve college affordability for socioeconomically disadvantaged students should be a nonpartisan issue, yet no Republican Member of Congress has signed on to this bill, which now has more than 110 House Democrats as cosponsors.

Committee Democrats support Congressional action to reduce student loan debt by lowering interest rates or by giving borrowers the option to refinance their debt when lower rates are available. In March of 2015 Rep. Courtney introduced H.R. 1434, the Bank on Students Emergency Loan Refinancing Act to do just that. The Congressional Budget Office has estimated that enacting this legislation would provide $50 billion in debt relief for student borrowers, putting money back in the pockets of millions of young Americans who are straining to get a decent start in life. The House Democratic Conference strongly supports the measure and believes that the federal student loan program should not be a source of profit for the federal government, with 181 House Democrats cosponsoring the legislation, and 173 petitioning House leadership to discharge the Committee on Education and the Workforce from considering the bill and move it directly to the House floor. Again, no Republican Member of Congress has signed on to either the bill or the discharge petition. Committee Democrats remain committed to advancing this policy goal through any action on comprehensive reauthorization of the Higher Education Act.

Led by Committee Democrats, Democratic Members of Congress fought throughout the 114th Congress to protect the Pell Grant Program, the cornerstone of federal financial aid. Pell Grants provide millions of low-income students' access to higher education. Due to lower-than-expected program costs throughout the last several years, this Congress the Pell Grant program held a balance of $7.8 billion in funds more than necessary to meet current need. This excess funding became an attractive vehicle to fund Congressional priorities outside of the Pell Grant program during the Fiscal Year (FY) 2017 House and Senate Appropriations Committee processes and subsequent omnibus negotiations. Committee Democrats believe that redirecting funds away from the Pell Grant Program would not only make college less affordable for millions of Americans in the short- term, but also jeopardizes the future of the entire program. Committee Democrats urged Members of the Appropriations Committee to utilize the FY 2017 appropriations process to reduce the burden of college costs for students in need by using some of the surplus to restore year-round Pell, increase the maximum discretionary award, and keep any remaining funds in the account for the sole use of the Pell Grant program. Committee Democrats will remain vigilant in efforts to both protect Pell grant funding in the 115th Congress, and are hopeful Committee Republicans will join them in that effort.

While protecting Pell Grant program funding is a worthy starting point, House Democrats believe Congress must improve the program to better meet the needs of students. Committee Democrats put forth several such proposals during the 114th Congress. Ranking Member of the Higher Education and Workforce Training Subcommittee, Rep. Ruben Hinojosa, introduced three measures to safeguard and significantly improve the program by removing Pell grant funding from the yearly appropriations process (H.R. 1956, the Pell Grant Protection Act); raising the grant award to cover the cost of in-state tuition and indexing the award to inflation (H.R. 1957, the Pell Grant Cost of Tuition Adjustment Act), and restoring funding for year-round Pell Grants (H.R. 1958, the Year-Round Pell Grant Restoration Act).

Improved access to higher education provided by a robust investment in the Pell Grant program is meaningless if government and institutions fail to adequately support low- income and first generation students to complete their degree programs. Research shows that one of every 10 Pell Grant recipients fails to refile his or her FAFSA when returning for their second year. A recent report found that Pell-eligible students were more than twice as likely as non-Pell-eligible students to experience difficulty obtaining their parents financial information. Additionally, due to the filing of both student and parent financial information, dependent students take twice as long to refile the FAFSA than independent students, who must provide only their own financial data. Financial information is useful for calculating aid eligibility the first time a FAFSA is filed, but because data demonstrates consistency in Pell award amounts for dependent students upon refiling, there is no need to collect this information year after year. To simplify the FAFSA for dependent low-income students, Ranking Member Scott introduced H.R. 5784, the File Once FAFSA Act of 2016. The legislation would allow dependent Pell Grant recipients to file just once before going to college and forgo burdensome refiling in subsequent years. This legislation would make it easier for nearly 3.5 million low- income students to obtain critical Pell Grant aid.

State disinvestment in higher education is a chief cause of rising college costs. Low-income students are increasingly forced to rely on loan rather than grant aid. This is why Committee Democrats have fought to ensure that all students have access to affordable loan repayment plans. More than 8 million student borrowers are in default on their student loans, many of whom would have qualified for a lower payment in an existing income-driven repayment plan. In September of 2016, Rep. Bonamici introduced H.R. 5962, the Streamlining Income- driven, Manageable Payments on Loans for Education (SIMPLE) Act, a bipartisan bill to help struggling student loan borrowers enroll in the most affordable repayment plans available to them. The legislation would also automate the annual process of updating borrowers' income information while enrolled in income-driven repayment plans, which would help keep payments affordable. Committee Democrats have also urged the U.S. Department of Education to improve the quality of servicing provided by federal student loan servicers and debt collectors.

In many cases, borrowers who default are actually those who are having a difficult time finding a job that allows them to repay their loans. According to a national survey administered through the U.S. Department of Education, the overwhelming majority--more than 60 percent--of borrowers who default are students who left school with no degree. This is why in addition to issues of access and affordability, Committee Democrats have fought to improve student supports and increase completion rates, especially for low-income students.

Committee Democrats recognize that meaningful accountability for institutional and program quality in higher education is needed. To hold institutions and programs accountable, we need better data that accounts for all students. Although the majority of college students are no longer first-time, full-time students, the data available through Integrated Postsecondary Education Data System (IPEDS)--the federal government's most comprehensive higher education dataset--mostly reports data only for this subset of students. Recognizing this shortcoming, House Democrats have urged the Department of Education to develop metrics that account for all students. In response to the Department's Notice of Public Rulemaking (NPRM) on revisions to the Integrated Postsecondary Education Data System (IPEDS), Ranking Member Scott supported proposals to collect graduation rates disaggregated by Pell Grant recipients and Subsidized Stafford Loan borrowers who did not receive a Pell Grant. Committee Democrats also urged the Department to gather more detailed data on how borrowers at risk of re-default are performing in repayment. Committee Democrats urge the Department to continue more comprehensive data collection on student outcomes, especially for students who have been traditionally underserved by higher education. Committee Democrats believe that these data requests are not a substitution for the collection of student unit level data by the Department of Education, which would provide Congress, states, and institutions with holistic information that could transform how we hold students, schools, loan servicers, and debt collectors accountable in higher education to improve quality.

Lastly, Committee Democrats remain committed to safe and supportive learning environments for all postsecondary students. In a September 2015 Committee hearing entitled, "Preventing and Responding to Sexual Assault on College Campuses," Committee Democrats put forth a unified message that Title IX of the Education Amendments of 1972, the Clery Act (which includes the Campus SaVE Act when the Violence Against Women Act was reauthorized in 2013) and FERPA are fundamental tools for the Department of Education to assist universities, students, advocates, and others to educate, prevent, protect, and support students regarding campus sexual assault. Democrats made clear throughout the hearing that institutions of higher education must have processes that ensure the paramount principle of fundamental fairness in handling allegations of campus sexual assaults, and must be held accountable, through robust federal enforcement, for Title IX, Clery, and FERPA compliance. Committee Democrats will remain vigilant on the issue of campus sexual assault in the 115th Congress.

Committee Democrats have shown through their legislative efforts that they are ready to take on the challenges of higher education, whether it's making sure hardworking students are not penalized by their parents immigration choices (H.R. 1507, the IN STATE Act of 2015 introduced by Ranking Member Polis as well as H.R. 1959, the College Options for DREAMers Act introduced by Ranking Member Hinojosa); partnering with states to ensure continued robust investment in higher education (H.R. 5756, the Degrees Not Debt Act introduced by Rep. Pocan), clearly delineating consumer protections and rights for all education borrowers (H.R. 1352, the Student Loan Borrowers' Bill of Rights Act of 2015 introduced by Ranking Member Wilson and H.R. 4661, the Parent PLUS Loan Improvement Act of 2016 introduced by Ranking Member Fudge); and combating sexual assault on college campuses (H.R. 1490, the Survivor Outreach and Support "SOS" Campus Act introduced by Rep. Davis).

Throughout the 114th Congress, Committee Democrats have spent time visiting with and learning from students, parents, higher education thought leaders, and colleges and universities. The focus of these visits were to understand how to help students earn college degrees in a faster timeframe by providing cohesive student supports. We stand ready to apply that learning to achieving a comprehensive reauthorization of the Higher Education Act that supports all students in accessing and completing a meaningful postsecondary degree.

Economic Security. Even with the longest stretch of private sector job growth on record, during which the private sector added 15.6 million jobs, many American families continue to struggle to make ends meet. During the 114th Congress, Committee Democrats advocated for key legislation to improve the lives of working families. Many of these bills were packaged in a resolution, H. Res. 506. This resolution called for hearings and votes on H.R. 2150, Raise the Wage Act; H.R. 3514, Workplace Action for a Growing Economy (WAGE) Act; H.R. 3427, the Payroll Fraud Prevention Act of 2015; H.R. 3071, Schedules that Work Act; H.R. 932, Healthy Families Act; H.R. 1439, Family and Medical Insurance Leave (FAMILY) Act; H.R. 2411, Strong Start for America's Children Act of 2015; H.R. 2654, Pregnant Workers Fairness Act; H.R. 1619, Paycheck Fairness Act; and H.R. 3185, Equality Act. A total of 118 Democrats cosponsored this resolution. Yet, the Committee Majority refused to hold a single hearing on this legislation.

Committee Democrats also introduced new legislation to curb wage theft, which is a widespread problem in America. In 2012, victims of wage theft recovered $933 million in stolen wages through complaints filed with federal, state, and local agencies or through private litigation.4 This staggering figure represents only a fraction of the total amount of stolen wages every year, which is estimated to be as much as $50 billion nationally. Given the prevalence of this problem, it is critical that workers have the tools they need to fight back against wage theft. But employers' routine failure to provide pay stubs makes it extremely difficult to identify and prosecute wage violations. H.R. 4376, The Pay Stub Disclosure Act will help workers prevent and remedy wage theft by: providing a uniform federal pay stub requirement; requiring employers to provide non-exempt employees with paychecks that explain how their wages are calculated; providing a private right of action and financial remedy to employees whose rights to a pay stub or records inspection are violated; and codifying the legal presumption that if an employer fails to keep records of an employee's pay, the employee's own credible evidence and testimony about his or her pay is presumed to be true.

4Brady Meixell and Ross Eisenbrey. "An Epidemic of Wage Theft is Costing Workers Hundreds of Millions of Dollars a Year," Economic Policy Institute, (September 11, 2014) available at: http:// www.epi.org/publication/epidemic-wage-theft-costing-workers-hundreds/.

In May of 2016, the Department of Labor issued a final rule Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (the "overtime rule"). The update to the overtime regulations restore the effectiveness of the overtime protections in the Fair Labor Standards Act (FLSA) by ensuring that when employees work extra, they get paid extra. It does so by providing a much-needed update to the salary level test. Most salaried workers who earn under the salary threshold are automatically eligible for overtime pay when they work more than 40 hours in a week. The overtime salary threshold is currently $455 per week ($23,660 per year), which is below the poverty level for a family of four in 2014 ($24,008). It covers less than ten percent of the salaried workforce. In contrast, in 1975, over 60 percent of the workforce earned below the salary threshold and was thus overtime-eligible.5

5Ross Eisenbrey and Will Kimball. "An Updated Analysis of Who Would Benefit from an Increased Overtime Salary Threshold," Economic Policy Institute, (June 26, 2015) available at: http://www.epi.org/ blog/an-updated-analysis-of-who-would-benefit-from-an-increased- overtime-salary-threshold/.

The final rule raises the salary threshold to the 40th percentile of full-time weekly salaried earnings in the lowest wage Census region (the South)--$913 per week ($47,476 per year)--and creates a mechanism for the threshold to increase every three years. This update makes 4.2 million more workers newly eligible for overtime pay, strengthens the overtime rights of an additional 8.9 million workers, and raises the share of the salaried workforce that is eligible for overtime to nearly 33 percent.

Despite the evidence that millions of working people will now be guaranteed access to overtime pay, the Committee Republicans held hearings, as well as introduced and called votes on legislation that would undermine the overtime rule. On June 9, 2016, Committee Democrats successfully defended the overtime rule from partisan attacks during a hearing called by the Majority entitled, "The Administration's Overtime Rule and Its Consequences for Workers, Students, Nonprofits, and Small Businesses." Committee Republicans introduced H.R. 4773, the Protecting Workplace Advancement and Opportunity Act and H.J. Res. 95, a Congressional Review Act resolution expressing Congressional disapproval of the overtime rule. In addition, the Committee Republicans bypassed committee consideration of H.R. 6094, the Regulatory Relief for Small Businesses, Schools and Nonprofits Act and brought the bill to the floor as an emergency measure. This piece of legislation sought to delay the implementation of the overtime rule for six months and passed on the House Floor on a near party-line vote.

H.R. 2150, the Raise the Wage Act, is a key priority for Committee Democrats. This legislation raises the minimum wage to $12 by 2020, phases out the tipped minimum wage, and indexes the minimum wage to the median wage. One hundred and seventy- five Democrats support this legislation. At the state and local level, there is broad support for raising wages, but not a single Republican in Congress has signed onto this legislation. Twenty-nine states and 30 localities have raised their minimum wages beyond the federal minimum wage. During the 114th Congress there has been significant movement in cities and states across the country to raise wages, with increasing momentum behind a $15 minimum wage at the state and local level. In 2015, policymakers in 14 cities, counties and states approved $15 minimum wage laws. In 2016, California, New York and D.C. passed legislation to raise their minimum wages to $15. On Election Day 2016, voters in four states and one city backed ballot measures to increase the minimum wage. These states were Arizona, Colorado, Maine and Washington. Arizona, Colorado and Maine will raise their minimum wages to $12 by 2020. Washington will raise its minimum wage to $13.50 by 2020. Flagstaff, Arizona will raise its minimum wage to $15 by 2021. The Department of Labor estimates that these increases will raise wages for 2.2 million workers. Despite this progress, workers in 21 states are still subject to the federal minimum wage.

Workforce Development. In the 113th Congress, Committee Democrats were proud to work on the bipartisan reauthorization of federal workforce programs through the Workforce Innovation and Opportunity Act (WIOA). With WIOA implementation fully underway in the 114th Congress, Committee Democrats are even more committed to ensuring that our nation's workforce development system is working. Committee Democrats understand that now more than ever, effective education and workforce development opportunities are critical to building a stronger middle class.

Committee Democrats continued their commitment to improving employment opportunities for young Americans, introducing and supporting H.R. 6117, the Opening Doors for Youth Act of 2016. An estimated 5.25 million young people between the ages of 16 and 24 are disconnected from both school and work. These disconnected youth are three times more likely than other youth to have a disability; twice as likely to live below the federal poverty threshold; and significantly more likely to live in racially segregated neighborhoods. Disconnected young women and girls are three times more likely to have a child and young people involved in the juvenile justice system or aging out of the foster care system are at high risk of disconnection. Disconnection during this critical period can leave young people without the entry-level work experience and postsecondary credentials they need to succeed in the workforce. Disconnection also imposes significant costs on affected young people, their communities and the overall economy. Disconnected young people are also commonly referred to as "opportunity youth" because of the tremendous potential they possess. Young people from high-poverty, low-opportunity communities may need a range of supports to overcome barriers to reengaging in school or training and stay on the path to a good job. The Opening Doors for Youth Act of 2016 expands opportunities for our nation's at-risk and opportunity youth by putting more than one million young people to work and supporting community efforts to keep youth connected to school and training.

Committee Democrats led the effort to expand and promote registered apprenticeships--a proven approach to successful on the job training--and pre-apprenticeship programs by introducing H.R. 5635, the Leveraging Effective Apprenticeships to Rebuild National Skills (LEARNS) Act. By 2020, the U.S. will experience a shortage of three million skilled workers with postsecondary credentials and an aging workforce of highly- skilled workers.6 In addition, it is predicted that almost 65 percent of jobs will require postsecondary education by 2020. Registered apprenticeships, a training model in which workers are paid to receive on-the-job training, provide a much-needed solution.

6Ben Olinsky and Sarah Ayers. "Training for Success: A Policy to Expand Apprenticeships in the United States," The Center for American Progress, (December 2013) available at: https:// cdn.americanprogress.org/wp-content/uploads/2013/11/ apprenticeship_report.pdf.

The LEARNS Act will support a closer alignment between registered apprenticeship programs, employers and other program sponsors offering good jobs, increase the attainment of recognized postsecondary credentials by program participants, create national standards for registered apprenticeship programs, and establish a permanent advisory council at the Department of Labor to oversee the actions and implementation of registered apprenticeship programs.

Workers' Rights. Since the Majority took control in the 112th Congress, the Majority has held 24 hearings and markups criticizing the National Labor Relations Board (NLRB) and assailing labor unions. During this session, Committee Republicans moved four pieces of anti-labor legislation, which include: (1) passing by a vote of 249-177 the Tribal Labor Sovereignty Act, H.R. 511, which strips workers employed at tribal enterprises on tribal lands of their rights under the National Labor Relations Act (NLRA); (2) reporting the Protecting Local Business Opportunity Act, H.R. 3549, which overturns a recent NLRB decision that reinstates the common law of agency in defining who is a "joint employer" under the NLRA, and adopts in its place a far narrower definition that allows putative employers to remain hidden and avoid bargaining with employees even though they control the terms of employment; (3) passed by a vote of 232-186 a Congressional Review Act (CRA) Resolution of Disapproval, S.J. Res 8, regarding the NLRB's revised election procedures which streamlined the process for conducting union representation elections; and (4) reported a Resolution of Disapproval, H.J. Res 87, regarding the Department of Labor's Persuader Rule, which requires union-avoidance consultants and employers to disclose their arrangements covering "indirect" as well as "direct" persuader activity. The President vetoed the Resolution of Disapproval regarding the NLRB's election procedures and issued a Statement of Administration Policy opposing the enactment of the Tribal Labor Sovereignty Act because it undermined collective bargaining rights.

Taken together, these bills undermine workers' rights while doing nothing to improve workers' lives, give them a voice at work, or increase their economic security. Moreover, these bills and resolutions represent a frontal assault on the key purposes of the NLRA, which include:

Encouraging the practice and procedures of collective bargaining, and

Protecting the exercise by workers of full freedom of association, self-organization and designation of representatives of their own choosing, for the purposes of negotiating the terms and conditions of their employment or other mutual aid or protection.

As an alternative, Committee Democrats proposed the WAGE Act, H.R. 3514, a bill to strengthen workers' right to organize unions by establishing meaningful deterrents for violations of labor law. It does so by establishing civil monetary penalties for violations, authorizing treble damages for lost wages, and providing a private right of action for workers who face workplace discrimination for exercising their rights under NLRA. Committee Democrats also proposed the Workplace Democracy Act, H.R. 3690, which allows workers to unionize through either an election or a majority card-check and, requires binding arbitration for a first contract, if an agreement cannot be reached in a reasonable time period.

Democrats have supported the NLRB's Columbia University decision which designates teaching and research assistants at private universities and colleges as employees under the NLRA, and thus makes them eligible to form a union and bargain over wages, benefits and working conditions.

Mine Safety and Health. In light of the lessons learned from the April 2010 Upper Big Branch (UBB) mine disaster, Committee Democrats have called for a bipartisan effort to update the 40-year old Federal Mine Safety and Health Act of 1977. That explosion was the worst coal mining accident in the U.S. in the past 40 years. The Assistant Secretary of Labor for Mine Safety has repeatedly asked Congress to enact reforms that would give the Mine Safety and Health Administration (MSHA) additional tools to protect miners, including subpoena authority, stronger criminal sanctions, and the means to collect overdue fines from scofflaws who refuse to pay their fines. In response, Democrats introduced the Robert C. Byrd Mine Safety Protection Act of 2015, H.R. 1926, which, amongst its provisions, strengthens criminal sanctions in the Mine Act by making it a felony to knowingly violate mine safety standards and recklessly expose miners to risk of injury, illness, or death.

By contrast, Committee Republicans have stalled for the past 6 years, stating that they wanted to wait for all of the UBB accident investigation reports to be completed before taking action. Six investigation reports have long been finalized; the last report was released nearly five years ago in February 2012. A Committee hearing was held in the 112th Congress to review these reports. No mine safety hearings were held in the 113th Congress. During an oversight hearing in the 114th Congress, the Assistant Secretary reiterated his support for legislative reforms, but to no avail.

Rather than work to protect miner safety, Committee Republicans have challenged the feasibility of MSHA's long- overdue respirable dust rule, which is aimed at ending the scourge of black lung disease. In the two years since it was issued, this rule has reduced average coal dust levels and improved compliance by requiring real time exposure monitoring through new technology. Committee Democrats have supported MSHA's efforts to end black lung disease--a workplace illness which has already taken the lives of 70,000 coal miners.

Occupational Safety and Health. According to the Bureau of Labor Statistics (BLS), 4,836 workers were killed on the job in 2015--an average of 13 workers a day. For some groups of workers the problem is getting worse. Deaths among Latino and immigrant workers increased significantly, as did deaths in dangerous industries like construction and trucking. In 2015 at least 3.65 million workers incurred occupational injuries or illnesses, according to BLS. Disabling injuries cost the economy between $159 and $318 billion in both direct and indirect costs. To reduce health and safety risks to workers, Committee Democrats:

Supported a rule issued by the Occupational Safety and Health Administration (OSHA) to protect 2.3 million workers--mostly in construction-- who are at risk of contracting silicosis, lung cancer and renal disease caused by excess inhalation of crystalline silica;

Called upon OSHA to develop a comprehensive workplace violence prevention standard to protect workers in America's health care and social service workplaces, following the release of a Government Accountability Office (GAO) report which documented that workplace violence is a serious concern for 15 million health care workers, and that violence prevention programs are effective;7 and

7Government Accountability Office. Workplace Safety and Health: Additional Efforts Needed to Help Protect Health Care Workers from Workplace Violence (GAO 16-11), (March 17, 2016) available at: http:// www.gao.gov/products/GAO-16-11.

Supported an OSHA recordkeeping rule which, in addition making workplace injury statistics transparent to the public, protects workers from retaliation for reporting workplace injuries and illness. The need for this rule was underscored by a GAO report, which found that workers in meat and poultry plants continue to face unsafe working conditions, and confirms that many injuries and illnesses go underreported as workers may fear for their jobs if they report an injury.8

8Government Accountability Office. Workplace Safety and Health: Additional Data Needed to Address Continued Hazards in the Meat and Poultry Industry (GAO 16-337), (April 25, 2016) available at: http:// www.gao.gov/products/GAO-16-337.

Democrats believe our nation's job safety laws must be strengthened. The Protecting America's Workers Act (H.R. 2090) would bring the Occupational Safety and Health Act of 1970 into the 21st century by requiring employers to promptly abate safety violations, expand OSHA coverage for millions of state and local government workers, and modernize whistleblower protections. The Offshore Oil and Gas Worker Whistleblower Protection Act of 2015 (H.R. 2824) would implement a key recommendation from the National Commission on the Deepwater Horizon Oil Spill and Offshore Drilling to provide these workers with protections from retaliation if they blow the whistle on unsafe work practices. In the 114th Congress, however, the Majority has taken no legislative action to improve workplace safety and health.

Rather than enacting pro-worker safety laws, Committee Republicans used its hearings to object to OSHA's new standard to prevent silicosis, challenged OSHA's guidance to prevent chemical accidents, and opposed a rule that requires certain employers in higher hazard workplaces to electronically transmit their injury logs or summaries to OSHA.

Workers' Compensation Programs. The Committee has held no hearings on the Black Lung Benefits Act since 1991, despite the revelations over the past several years of unfair tactics being used by coal operators and their law firms to defeat black lung claims by miners and their survivors. A Pulitzer Prize winning investigation revealed how coal operators have defeated black lung claims by hiring doctors at prestigious medical centers who systematically misread lung x-rays that clearly showed the most advanced stages of black lung disease. This investigation showed that defense law firms also withheld medical evidence from miners, surviving spouses, and judges that would have proven the claimants' eligibility for benefits. One medical center shut down its x-ray reading program, but has yet to release its internal investigation report.

Hearings are also needed to assess the future solvency of the Black Lung Disability Trust Fund in light of decreasing excise tax revenues due to reduced coal production, a forthcoming 55% cut in the coal excise tax rate in December of 2018, and an increase in claims being shifted from the responsible operators to the Trust Fund due to coal operator bankruptcies. Congress also needs to assess the backlog of black lung and other claims in the DOL's Office of Administrative Law Judges (ALJ). There is 35-month backlog for contested black lung claims.

To gather information, Committee Democrats have hosted two roundtables with coal miners and black lung experts who examined how the claims process has been tilted against claimants by a disparity in medical and legal resources between coal miners and well-financed coal companies. Miners also expressed concern about delay in the claims adjudication process. To help level the playing field, Committee Democrats, in conjunction with Representative Matt Cartwright, introduced the Black Lung Benefits Improvement Act of 2015, H.R. 3625 to reform the program, so that claimants who have meritorious claims will actually gain the benefits that they are entitled to under the law. Committee Democrats, in conjunction with the Ways and Means Committee, asked the GAO to assess the future solvency of the Trust Fund. Committee Democrats have worked to eliminate delays in claims adjudication by securing funding for additional ALJs as part of appropriations bills.

Continues with Part 4 of 4

Myron Struck, editor, Targeted News Service, Springfield, Va., 703/304-1897; [email protected]; http://www.targetednews.com

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