Transcripts For CSPAN2 Labor Secretary On Department Policies And Priorities 20171120

Bargaining rights, retire savings programs, and Employer Health insurance coverage, Family Planning services and contraception. A a quorum quorum is present. The committee is order to welcome our distinguished guest, secretary alexander acosta. Secretary acosta has been at the helm of the department of labor since april and were grateful he could join us to testify for the First Time Since his confirmation. Mr. Secretary, welcome to the committee. We look forward to your testimony, which we are sorry did not arrive earlier, and discussing the department of labors policies and priorities under the new administration. The department of labor is on the front line of the issues facing workers and job creators and it sets policies that have a widespread impact on the nations economy, employment growth, Retirement Security and more. Whether they relate to healthcare, Worker Protections reeker timer planning, Work Force Development or employee wages and benefits, its the responsibility of this committee to ensure these policies are in the best interests of workers, employers and taxpayers. Ive stated before but ill say it again no matter what Party Controls the administration, this committee is dedicated to robust oversight. We take our oversight responsibility very seriously. Todays hearing is the latest step in our effort to hold federal government officials accountable. The American People are counting on that accountability, especially at a tame when the economy is still improving, were all encouraged be the Economic Growth we have seen this year and the Third Quarter of 2017, real gdp increased at an annual rate of 3 . Thats remarkable improvement considering its twice as much as the mere 1. 5 growth rate we saw during the final year of the Obama Administration. Its also great to see more and more americans getting back to work. Nearly 1. 5 million jobs have been added since february. Meaningful progress has be been made but theres no question we have more work to do after eight years of lost opportunities. However, even though the Unemployment Rate is down, we still have 6. 5 million workers out of work, including 1. 6 million on longterm basis. 4. 8 million workers are working parttime because their hours have been cut back or because they were unable to find a fulltime job. At the same time we have 6. 1 million jobs unfilled due in part to our nations skills gap. Expanding pathways to career success is a critical component, closing the gap and helping more americans fine good paying jobs. Thats why congress and the administration have made Work Force Development and skills based educational a leading priority. Happens to be National Apprenticeship week and were eager to hear on the extents the Department Plans to take to promote apprentice sip and other programs. Something our committee ha been focused on and its encouraging to have a partner in the white house and the department of labor, we look forward to further discussion on working together, empowering more americans to realize their godgiven potential. In addition i hope you can provide the Committee Members and the public with your views about the departments efforts to advance Economic Opportunities for workers by strengthening work place democracy, ensuring safe and healthy work places and enhancing Retirement Security and providing workers and employers with more affordable heck heck options and interested in hearing more about the departments regulatory enforcement agenda. The committee advanced resolutions to clean up the mess from the Obama Administration, deliver regulatory relief for hard working men and women. In fact, five out of the 14 of the cra resolutions signed into law originated from this committee. Just last week the house passed the save local business act to roll back the obama era joint employer scheme that threatens 1. 7 million jobs according to the American Action forum. We know the department has its work cut out after eight years of unprecedented regulatoriy rampage but we look forward to building on the progress webhead together so we can get government out of the way and unleash prosperity and opportunities. There are also a number of issues impacting Retirement Security that deserve our attention, including the need protect access to affordable retirement advice and empower more americans to plan for the future. As the department had oversees so many important priority its feel ive pa barely scratched the surface. We have a lot of ground to cover so thank you again for joining us. Ick look forward to our conversation. With that i recognize Ranking Member bobby scott for his opening remarks. Thank you, madam chair and thank secretary acosta for appearing before the committee. Youre the first agency head to appear before the committee. We have juice disk over health human services, education, al well as labor. The first one to come before the committee since the administration took over. I want to join the chairs criticism for the lateness of the arrival of your testimony. Also want to add that it were disappointed you have given limited time, insufficient time for all the Committee Members to ask fiveminute questions. Its been six months since the departments fiscal year 2018 budget request was submitted to congress and although were already well into the fiscal year, this hearing is still timely since the appropriations legislation is still under deliberation. As the secretary you are the steward of legislation this committee passed over many dedicates that made our economy fairer and work places receive safe safer and i want to direct your attention to portraits on the wall to your left. These leaders have secured passaging of legislation that measurably improved lives of millions of workers, mary norton, the fir woman to chair the committee, two steered the passage of the fair labor standards act of 1938. Carl perkins, who spearheaded legislation to establish the mine Safety Health administration, augustus hawk kins who tau her to tiedle vii of the civil right act. George miller who led the fight for the fair minimum wage act of 2007. Today the department of layian bears the tremendous responsible of impreempting and enforce can employment laws cover 10 million employers and about 125 million workers. However in its first ten months there are trouble questions be we department has reveressed important progress made in Previous Administrations and laid the groundwork to undermine workers wages, Retirement Security, work place safety, Affordable Health care, and skills development. First the department of labor has taken steps to replace a rule issued by the Previous Administration that would expand overtime benefits for 4 million salaried workers. This increases the salary fleshhold beneath which most full time salary worker wood be eligible for overtime pay from 23,660 to over 47,000 and covers 35 percent of fulltime salaried workers. Unfortunately a court in texas blocked the rule and regretly this department decided not def this threshold in the court of appeals. Dol indicated it will issue other a revised youre time threshold and i understand and in Senate Testimony you mentioned 33,000 as overtime salary threshold based on an inflation judgment but there are legitimate questions about where to set the baseline before you adjust for inflation, based on the 2004 level when 13 of fulltime salary work force has overtime protection. Or the 1975 levels when 62 had overtime protection. The department is seeking a deflay protection for retirement saver the study by the Previous Administration fountains a much as a quarter of the workers hard organ aviation can be depleted by conflicted Financial Advice over 35 years, to respond to the Previous Administration required Financial Advisers to put the best interests of their clients above their selfinterest. Rather than bolstering workers able to save for more retirement there are questions whether the departments actions regarding the fiduciary roll of place degree hands of wall street ahead of the interests of workers. Third in line with the administration los overall efforted to sabotage the Affordable Care act the department has taken steps that would leave workers and theyre families without access to comprehensive Affordable Health care. The department has released on interim rule that allowed employers to eliminate coverage in the health care heck benefits plans for contraceptive care based on religious or vaguely defined moral objections. This is squarely at odds with the Affordable Care acts requirement that Preventive Health services are covered and raise legitimate questions about the constitution. The department has also directed been directed to expand excess to Association Plans the Association Health plans which as the committee has heard over and over again would deer young exHealthy People into low, cost junk plans and leave sicker and higher cost people behind, thereby increasing the price for everybody that doesnt get into one of these health plans. Fourth, a Worker Protection worker safety protections are under attack while Previous Administration rules helped end the scourge of black lung disease the current dol proposed role back of protections for construction and Shipyard Workers exposed to the toxic borellam. Its unclear whiff dol will finalize a deed lane for employers and higher Hazard Industries to commit summarize of the illness and injury logs and without this dat the are question busy how osha will secure information needed to target inspections to this work sites where workers are greatest at risk. Youre aware that only a relatively few inspections can actually be made weapon want to make sure theyre togetherred. Without this information that cant be done. Fifth. The departments budget request for fiscal 2018 cuts funding for Work Force Development programs by 1. 3 billion which is a 40 reduction compared to current levels. This cut threatennens access to job and skills Development Programs that worker need to secure better paying jobs, and while i hope the expansion of apprenticeships remains bipartisan, the questions regarding the departments plans. For example, the department is signaled it will allow federal support for apprenticeships relying show on employer standard about not clear if with prepare credentials comparable to registered apprenticeship and no indication how we ensure that federal dollars are only spent on quality programs i look forward to your testimony and yield back the balance of my time. Thank you very much, mr. Scott. Pursuant to Committee Rule 7c all members will be permitted to submit written statements to be included in the permanent hearing robert. The record will remain open for 14 days to allow such statements and other extraneous material referenced during the hearing to be summited nor official hearing record. Now, my pleasure to introduce our distinguished witness, the honorable r. Alexander acosta, the secretary of the u. S. Deach labors. Secretary acosta has served in three president ially appointed Senate Confirmed positions, and in 2002 appointed to serve as a member of the National Labor relations board, in 2003, appointed assistant attorney general for the Civil Rights Division of the u. S. Department of justice, and from 2005 to 2009, he served as the u. S. Attorney for the Southern District of florida. Secretary acosta i ask you to raise your right hand. Do cow soldierllly swear or affirm the testimony you are got to give with this will at the truth, the whole truth, and nothing bit the truth. Let the record reflect the secretary answered in the affirmative. Before i recognize you to provide your testimony, let me briefly remind you of our lighting system. We typically allow five minutes for each witness to present, although ill be somewhat flexible if were testimony, begin youre our only witness today. When you begin the lying in front of you will turn green. When one minute is left the lite i light will turn yellow and at five minutes the light will turn reb. Members have three minutes to ask questions and we understand you have a busy afternoon and have had for a hard stop at noon. Youre recognized. Ranking member scott, members of the committee. Thank you for the invitation to appear today, and let me just say im honored to be the first cabinet officer to appear before your committee. Found out about that just a minute ago. I appreciate the opportunity to epa here to represent the administration and the hard working men and women of the department of labor and to provide an update on the critical work. At the outset let me just say this has been a remarkable year of growing for the American Economy, for American Workers, for american jobs seekers and american job creators. Some highlights as the chairwoman mentioned, since january 2017, the American Economy has created nearly 1. 5 million jobs. Gdp has green at 3 or more for two consecutive quarters. This in particular is great news for Retirement Savings. Yet employment race ha disease ease forgot 5 to 4. 1 . The lowest in 1 years, the number of open fulltime positions in the American Economy is at a near alltime high of 6. 1 million open and unfilled jobs. Job creators want to hire and job seekers want to work. And the fact we have 6. 1 million open jobs speaks to the strength of the American Economy. Since becoming labor secretary i made it a point to travel to leave washington when i can, and visit different places across the nation. I visited the ford rouge facility in michigan, where a new f150 rolls off the Assembly Line every 349 seconds and met with apprentices doing amazing work and also receiving wonderful and strong workplace education. The National Training center for the united brotherhood of carpenter in nevada is another place i visited. Of you havent been through would commend that to you. Looks like a modern university, a very hightech, very hightouch training center. I went to the Graduation Program for dozens of steam figurersersd pipe fitters working hard to education themes so they can go back home and educate knew apprentices. A train the trainers program. Through my travels one thing struck me as very clear. Our nations work force is an amazing work force. Its the American Work fore exhibiter is why we are doing so well as a country. It is the best work force in the world, which is one reason why we need to focus so much on Work Force Education. So we at the department are hard at work continue crease Employment Opportunities for all americans, to enforce safe, healthy and fair workplace us, promote strong benefit programs, and to ensure that the departments regulations are common sense regulations that make sense. So i think its particularly the chairwoman mentioned, fitting im here this week, its National Apprenticeship week. On mist chaired the inaugural meeting 0 do President Trump signed a executive order on apresence tip advance. We should be growing apprenticeships in this inningsment members of the task force included leaders from business, from learn, from educational associations, from trade associations, two fors, Community Organization leaders, public individual, all coming together to talk about how to expand the apprenticeships across industries. Especially those industries where apprenticeships are underrepresented. The program as currently envisioned are not scaling. Theyre not growing at the rate that they could grow. Currently its 0. 3 of the American Work force and gigs is to sale and to grow these further, and were engaged in the discussions as to how to do that. Let me also say that the Trump Administrations focus on expanding access to health coverage. On october 20th the president signed an executive order directing the department to consider how to best allow for more employers to Form Association and offer Association Health plans. Yesterday the department sent to the office of meteorologist and Regulatory Affairs a notice of proposed rulemaking regarding ahps. That notice was public this morning. Finally in conclusion, let me say on november 9th, the charlotte observe published an oped that was coauthored by the chairwoman and myself and i want to sort of conclude by reading from the oped because i think it captures much of what were looking for on their Work Force Education issues. It says, when americans make career choices, they should be encouraged to consider a broad range of options that fit their diverse talents and interests. For many their career path will take them to higher education. That was the case for us, referring to dr. Fox and myself. The University Degree is right for many young people but not in the only route to career success weapon need to change at the perception of a single right career path to that end were encouraginged leaders from business, labor occasion you institutions and trade associatings to recognize the benefit of apprenticeships. It goes ton say, were partners when it comes to modernizing the work playing education process. With over 6 million americans looking for jobs and more than 6 million open jobs nationwide, its time modernize how we prepare americans for the work force, and that started with a commitment to respecting all career choices americans make to develop the skills that will lead them to excellent family sustaining and to family sustaining jobs present just acknowledge that my written testimony did not make the committees deadline. Apologize or two that. The responsibility is mine. I heard your comments. I am not happy that it did not make the deadline, but it is on me and i do want to apologize to the committee. Thank you. Thank you very much, mr. Acosta. Is a mentioned in my opening remarks, we will have to because i believe in the interests of all the members here, to give every member an opportunity ask questions because of the hard stop. We will confine our questioning time to three minutes. I will recognize myself for three minutes. Mr. Sect, efforts encourage success the Job Corps Program including ending individual Center Operations when those centers consistently fail to meet the needs of the students. What additional actions will the department take to ensure student safety and a whole Center Operator and hold Center Operators conditionable. Chairwoman, thank you for the question. We received a very detailed letter with questions from your office. Were in the process of answering those. They touch upon other agencies as well because as the chairwoman is aware, the department of agriculture runs sever ol the john corps center so we are in the interagency process. To days your questions specifically were very concerned about the level of safety and violence in these Job Corps Centers women have a zero tolerance policy. If individuals engage in violence or safety concerns the individual will not be at the job center. They will not be part of the program. That zero tolerance policy is a start. In my opinion, we need to take a hard look at how the job centers are organized and need to wonder if it makes senses for broad range of ages. Some centers have students from 16 to 25, all housed in a residential center, and for me that is an issue of grave concern. I think more broadly we need look at the job corps center, and program and measure it based on outputs as oppose ted inputs. It is not how many students are there but how many students graduate, how many students go on to get jobs, how successful are the centers . I think sometimes we just measure you see this sometimes in higher education, where many people are familiar with enrollments but theyre less familiar with the Graduation Rates and the job rates, and taking a page from a trend that we see in higher education, accreditation that focuses on output measures. Its important that the job centers also focus on output measures. Thank you, mr. Secretary. You may not have enough time to answer this entire question but i want to get it on the record and then ask that we gate more robust response from you. I appreciate the departments actions in resenting the harmful persuader rule but id like to ask about what further plans you have for the office of Labor Management standards, specifically what steps will you tike ensure this agency can again provide robust oversight on behalf of union workers, and, again in interests of time, i will ask that you give us a written response to that so that i dont impinge on the time of other members. Certainly, chairwoman. Thank you very much. I understand the ranging member will defer and so i will recognize miss davis for three minutes. Thank you, madam chair and mr. Secretary, thank you very much for joining us this morning. I know that you agree with me on the importance of apprenticeships and in your testimony you describe a system where secretarior by sector standards would be set by certified subject matter experts. Along with a few of my colleague is had the opportunity to visit switzerland and to take what we all think thought was a reasonably deep dive into their system, and to understand the really infrastructure that has been built around it, of course, over many years. It was clear to us that while the industries lead the programs, that there is government involvement in establishing the prestige and quality of apprenticeships. Could you give us i know where due see that federal role and could you address registration process, certification, and really what happens with federal dollars, especially if we need mitigate against what people might call quick upstarted that arent providing the kind of background that students need. Certainly, congresswoman. First let me just say that i share that you and i do share a great interest in Apprenticeship Programs. Theyre critical. Going forward, it is critical and important that we maintain high quality apprenticeships. As we talked to leaders across the nation, theres great interest this registered aprepares tisship program i viewedded a customersome, the registration process takes a long time and in individuals have to ridge register viv waressous committees and a company that is interested in having 30 or 40 apprenticeships by the time they look at the registration process at the department of labor, and then the registration process with various state committees theyre making a calculus that they shouldnt engage at and all that is unfortunately. Were looking to develop a system that can streamline the certification process, that in essence would be flexible and would really depend industry by industry. Example, lets take the building trades. In the to building traded you have Labor Management groups that come together and theyve really scaled up apresence tip shows prime ministers. They spend a bill dollar of private sector money no federal money involved. Private sector money, setting up 1600 Centers Across the nation. The vision is wouldnt it be wonderful to find ways to bring parties together, labor, management, trade associations, in setting up apprenticeshipped that are scalable, that have reportable credentials from institution to institution. I appreciate that, and i know that were talking beyond those the trades as well and they provide a great example, but i hope that youll be open as well to sort of seeing how we integrate that . I think what we heard repeatedly was that you do need to have that overarching role, and i appreciate your concern. Thank you, miss davis. Doctors, youre recognized three minutes. Thank you. Welcome, mr. Secretary to the committee. Want to ask three very quick questions. Im very excited about the Association Health plans. As a business owner, Small Business owner, become age to associate and then to buy insurance across the state line has incredible opportunities to help us lower costs and increase and provide more affordable coverage for people. So, we see the success and the selfinsured plans, success in the christian sharing minimum individual. When will that be rolled out. Also i mentioned, the draft was sent to omb this morning and is pending at omb. Im limited in how much i can talk about it as its still a draft for internal circulation. Association Health Machines generally will provide do provide an opportunity for often Small Businesses to come together and create scale. That scale will reduce the cost of health care in important ways. First, because there is scale, there is more negotiating power. Because theyre scale rather than every business having to have its own plan that it administers, theres one central administration, and so also reduces costs. Finally, because theres a larger risk pool, the variation lessens as the risk pool grows, as you well know, and as a result, theres more predictability, more certainty, and therefore the cost of uncertainty is lessened and not passed on to the american individual who is buying health care. So, for all those and other reasons, the if you look at Association Health plans, there is a history of them reducing the price and benefiting the consumer. I totally agree. Im very excited about it. Being able to group up and i know it will lower our costs. Second, very quickly, i have a passion and have always had for pension savings, and one of my concerns certainly agree with the best interest and everything, agree with me colleagues on that. But my concern on fiduciary rule is lower income i was new business at one time and we were able to start a pension plan without a fiduciary and then grow or plan to where we did then have a fiduciary, we competent. The best interests standard went into effect in june. The other part of that rule which had to do with many of the remedies and the remedy options available, are the subject of a notice of proposed rulemaking that is pending at omb. The title of that notice would make clear that there is an 18 month extension if that notice goes forward. Yield back. Thank you. Thank you. Mr. Court any, youre recognized for three minutes. Thank you, madam champion chairman. Inindividual you to come to eastern connecticut and the sizing up of Apprenticeship Programs seed bid the federal government from the u. S. Department of labor using fitzgerald act senators, which, again, applies not only to the shipyard where we are recappallizing the submarine course with the Virginia Class Program and the supply chain, small guys who again have initial fears about taking on apprenticeship regular rigses and found the process was very, very flexible and manageable. So, again issue think you would i think benefit from seeing, again, a saying up uk nationals dramatics sidings up. 300 highers this hires this year as we move forward to enlarge our undersea fleet. And i have a letter from the eastern Connecticut Work fours board which has data and statistics about the tremendous success that is happening with fitzgerald act standards in place. Madam chairwoman. Without objection. The other question is just want to jump in quickly, a number of us have been working on Workplace Violence trends happening. Again your depth reported this year an uptick in Workplace Violence, 27,000 incidents reported last year up from the prior year. Again, the last administration committed to using the general duties clause under oesha to develop workplace standards and guidelines to help again the front lines and the Opioid Crisis who are dealing with what is coming through the emergency room doors with violent pacings causing serious injuries emhad an event in the capitol where a nurse from the state of connecticut, who worked at a psych unit, was punched out by a young man, shatterer head hip and femur bone and i permanently handy kipped as a result. The fact they department has suspend that initiative which has been the result of a gao study is again kind of amazing to those of white house have been following this issue do do you believe mat Workplace Violence is an issue for your department to set up standards and help people, again, who are trying to do the right thing, the caregivers in our society . Congressman, thank you for both questions. First, with respect to the first, appreciate the comments. Actually heard very, very good things about that particular shipyard and just to put something on the double and allay concerns. Irrespective of what alternatives we provide, the registered Apprenticeship Program is going forward. This it not an eitheror proposition. We ares and in expanding the program would you tell not pull back on anything that is already working. We respect to the second point, Workplace Violence is a very important issue to address, and im happy to maybe follow up with your staff, get in more details on your particular concern and address it and follow up. Thank you. Thank you, mr. Courtney. Mr. Guthrie, youre recognized for three minutes. Thank you, mr. Are secretary for being here. Appreciate it. With the Previous Administration i worked extensively with them on esons. I have a ive seen experience and seen the employer ownership mans, number one the district, not just giving people Retirement Security but gravity wealth when the retire. People who worked in grocery stores. That to have financial counseling to learn how to handle much their lifestyle would increase after they retired, which is kind of the goal; the problem in the last seven years, the Previous Administration enforce esops were more enforcement in the last 35 years. Theres a concern in the community that the department of labor maybe previously but just like to talk talk about esopss and your view of themment were trying to not increase these or moore forward. And understand the argument is well we dont want people others entire retirement tied up in one enter press but by learned with defined benefit program were still trying to degree with theyre tied up in sage enterprise, just because you have a guarantee business, is your business goes out of business you lose the guarantee. So, a good example was, whenever there was an phoners. Opportunity against enforcement action against an esop it start west subpoenas. Didnt start with, lets see what is moving fur and everybody here would say there needs to be adequate regulation and appropriate enforcement. So i would like if you talk about eso ps and you view of them and is the department of labor intentionally trying to keep them from growing. We have talked about this page sure that people are allowed to create the wealth they create for people. Congress mosquito, thank congressman, thank you for question question. Let me make the broad statement that we as a policy matter do not have any concerns about esops and in fact i think aesops have many, many advantages. Making employees part openers provides some skin in the game. It empowers individuals. I think Many Companies have done quite well using esopss part of the strategy to make employees feel like theyre part of the company. One topic i one subject i like to talk about in the dish lets not make something a job. Lets make something a career path. Lets have a cashier to store manager series of Work Force Education programs. Statistics and surveyed on Unemployment Rate on jobs and it does work with the department of the census bureau. I would argue however its the department of commerce and as a result, the primary budget responsibility should go to the department of commerce. Let me say that the statistical agencies all worked very closel closely, and i am happy to take this back to the bureau of labor statistics and ask them if they have any suggestions that i could then pass along to my colleague. Okay, i just want to bring to your attention that right now we believe it is significantly underfunded. We want to be sure we have an accurate census. Thank you for looking into it. Mr. Secretary, in october of this year, the administration announced to interim final rules that would allow moral and religious objects objections to contraceptive coverage. On what Legal Authority did you do that . Congressman, as you mentioned, the final rules that were announced allow a religious exemption to contraceptive coverage. It does not mandate but it allows individuals. I understand what it does. I said on what Legal Authority did you do it. It allows individuals to exercise that option. Those rules were enacted pursuant to the procedures act. The apa is well known and set out by congress and it allows agencies to enact rules through proper notice of comment, and all those rules went through apa and through the omb process. They were promulgated in accordance with law. Its not law, its practice, policy. Thank you very much. I yield back. Thank you very much. Mr. Barlow you are recognized for three minutes. Thank you for being here today. I am honored to serve as the republican cochair of the job core process because it is a program i truly believe in. I have seen the benefits of it firsthand. My hometown of hazleton, the job center plays a significant role in my community. Back when i was mayor, students from the keystone help build sidewalks around city hall and designed trash receptors during the beautification project. Ive also had numerous job core students in turn in my hazleton business district. This Program Benefits everyone involved. I was disappointed to see the deployment and Training Administration announced severe cuts to job core student slots despite a 1 funding increase from congress. Appreciate your department rescinded these cuts just last week, but i would like to make sure the similar situation doesnt arise in the future. Can you provide any information on why they initially cut students to despite a funding increase from congress. Can you please detail what you are doing to ensure that it is appropriately managing the job core budget. Congressman, thank you for the question. I noted there was an article in the hazleton paper that addressed this issue more generally. Let me say, the letter that went out from the epa Agency Within the department of labor , my understanding, that when out in anticipation of what would be perceived as a funding reductio reduction, when in fact you just mentioned that reduction did not materialize. Although we dont have a final conference bill, it appears that the funding reduction may not materialize. Given that, we have rescinded the letter. Now if the funding level changed, we will have to address that. Let me say more generally, it might make sense if theres a job core caucus to start discussion among the cochairs of that caucus has a job core program, in one way is a Wonderful Program that provides a lot of workforce education and can lead to jobs and change lives. In another way there is significantly, significant safety concerns. There are inefficiencies and many social contracts that raise concerns for me. Sole sourcing is not the traditional way to issue contracts. I think its appropriate for a more fulsome discussion to better determine how to use taxpayer dollars in a way that fulfills the mission you just mentioned and putting individuals to work. Thank you. Mr. Polish, you are recognized for three minutes. Thank you. As you share this is National Apprenticeship week and i think we all believe these are promising educational model to help put students on a path toward good paying jobs. In colorado we recently launched careerwise which prepares students for fields in finance and technology. In addition, the apprenticeships that weve had for many years in colorado, these are especially valuable when they are tied to dual and concurrent enrollment credit, transferable shouldnt student choose to go on. Currently employers can provide up to 500. [inaudible] this provision in our tax code is really a linchpin of helping to incentivize apprenticeships and continue in education. Unfortunately the house tax bill in its current form that were voting on eliminates that benefit. Do you support eliminating employersponsored education grants from the legislation. These are examples that arent registered apprenticeships. The types that you just mentioned, we want to support and expand which goes back to the earlier discussion about show the alternative to the registered apprentice ship. One of the topics of the task force is what are the appropriate incentives to provide support apprenticeships. Tax code is a large and complex code and we want to strive to make it fair and simple so putting aside whether or not this particular provision is the most appropriate, let me just say, obviously we want to find ways to support and incentivize Apprenticeship Programs, whether registered or whether this is a dual Enrollment Program where individuals are receiving. But wouldnt do the opposite if you were to get rid of the deduction for employers to provide 5000 of taxfree Education Assistance to their employees . I will give you an example, i was speaking to the American Association of public universities yesterday and i made the point that universities offer a semester abroad and a semester at sea. Why not offer a semester working in a Public Defenders Office or state Attorneys Office for pay as part of an Apprenticeship Program. So thats correct. If you want all the students to do apprenticeships with the government and learn how too do government jobs, tax incentive is not useful but. But if you want them to do real jobs in the private sector creating value then it is very important. I have additional questions about protecting workers but also minute for the record since we are out of time. I yield back. Thank you. Mr. Byrne, you are recognized for three minutes. Mr. Secretary, thank you for coming. One of the things that unite everybody around this table is that we share your passion were doing something about the Workforce Development of all of our workers in america. I share your frustration with the number of duplicative and ineffective job programs within your agency and across the national government. Within the employment and Training Administration alone, there are nine programs administered primarily at the national level. So a twopart question, what can you do about that ineffective problem and what can we do to work with you to make sure we do something about all that he met congressman, thank you for the question. Let me say this. I have spoken to governors from both sides of the aisle, all of whom have expressed frustration over the limitations on the spending in workforce education. They have said my state is not like the other state, and my state is different, and in my particular state i think we should do it this way. I have heard from governors on both sides of the aisle on this. I have very little discussion in waving restrictions on how to spend workforce money, and have very few, very little discussion on how to eliminate duplicative programs. We have come in the budget submitted, we have asked for weaver authority and ive told governors that i would favor weaver authority so long as governors would provide a plan for how we will do it and, and this is the important part, and an outcome goal. And so, for me its less a question of how are you going to spend it and more, are you going to provide this number of graduates, this number of job opportunities. How do you develop the outcomes . Ultimately, those questions are on congress, and you have the authority to authorize waivers to merge those programs. We have asked for that in the budget document, but that authority will come to congress. And then asked my last question. You may not be able to finish it in the time youve got. If you can get me a written supplement, i would appreciate it. As you are aware, many multi payer programs are under scrutiny. The guarantee corporations which backs multi plans say they are more than 100 multi Pension Plans in critical or declining status. I know the chairman who leads our Health Subcommittee is well aware of these issues and take them very socially. What steps are you taking to address this issue . Congressman, this is a critical issue. It is an issue that has not been fully addressed in the past and is past the point where there is a needy solution. This is something we will have to work closely with congress on and i am happy to follow up. My time is up. If you would give us a thorough response, i would appreciate that. I yield back. Thank you. You are recognized for three minutes. Thank you madam chair. Secretary, thank you for being here. You are the first cabinet level secretary to be at this committee this year, and i trust the chairwoman and members agree that hearing from representatives of this demonstration is is important and i hope we will see secretary here soon. There are many issues, we are discussing. I will focus my time on the ability of americans to plan and save for secure retirement. We were making some progress under the obama ministration, it seems like some of that progress is being rolled back. I have a few yes or no questions. Most americans are not spending their days studying the financial markets. They rely on advisers to help them invest for retirement. Do you agree that saving for retirement involves significant Financial Decisions and they deserve Financial Advice in their best interest. Congresswoman, obviously i do agree that saving for retirement involves significant Financial Decisions, and they should receive the best Financial Advice available. Advice consistent with how they choose to receive advice. Im going to reclaim my time. Is everyone who is saving for retirement in the United States now getting advice in their best interest . So, congresswoman, everyone is a very broad statement. It certainly, there are millions and millions of individual americans, and we as an apartment prosecute cases where individuals have not yet received appropriate advice, and so everyone is certainly far too broad. Again, reclaiming my time, we sat in this committee and had unanimous members of the financial industry say, people investing deserve advice thats in their best interest but i hope that the department will indeed implement the conflict of interest fiduciary role. We provide assurance to the American Public who are trying to save for retirement that they will protect their hard earned retirement saving. We are working quite diligently to do what is in the best interest of mr. And mrs. 4o1k. We understand that americans have worked very hard for their Retirement Savings. It is important to protect those Retirement Savings. I appreciate that peter want to get another question in. Workers in oregon with limited access to employer sponsored programs have limited access and congress has not expanded access to those programs. Some states, including oregon, stepped up and established programs for private Sector Workers who do not have employersponsored plan. Do they sign legislation that nullified rules that make it easier for states and localities to set up these programs . What would you say to the workers now whose access to good Retirement Savings program is in jeopardy . What should they do . Congresswoman, this goes to the broader question, and i do think it is important for particularly as they come out with a study on the economy, the spring to engage in a larger discussion so that individuals that have various employment relationships can have access to employer benefits. Thank you. I yield back. Mr. Lewis, you are recognized for three minutes. Thank you madam chair. The past few years, this committee has conducted numerous hearings focusing on the rulemaking which was initiated by the Obama Administration in 2014. The committee has had significant concerns with the approach. Weve heard testimony about the negative effects. In july we initiated the request for information for whitecollar employees. Mr. Secretary, could you provide us with an effort on the information collected, where we are in this process, how its going to be used to inform the revisions going forward, and what kind of clarity we will need for reviewing the information . Is the congressman is aware, the federal court joined the implementation of that rule. I said previously, it hasnt been updated since 2004 and it is in need of updating. Going to the 47000 level not only created a shock to the system, but it was found to be unlawful by a federal court. [inaudible] [inaudible] let me also say that the we have appealed the decision, we have appealed it because that decision was clear, but it could be read as less than clear with respect to the departments authority to set the overtime rule in the first place. One of the rules with the overreach that was brought in to question the departments authority. We are appealing that decision to have certainty that the department actually has the authority to write this rule, which i believe we do. Any personal views on once you get the authority, the facts of having the executive agency determine who is a manager and at what level they should be paid . The department of labor, we have determined that for decades. So the overtime rule has been in effect. The focus of this particular exercise is to update it, and it does need to be updated. There is certainly room for a broader discussion, but for now, this particular . The table is how should the overtime rule be updated. It really is in need of updating. My time is up. I yield back. Thank you very much. You are recognized for three minutes. Thank you madam chair. Mr. Secretary, thank you fro for joining us. Im eager to ask you about the ministration priorities. Mr. Secretary, i have prepared long remarks but since were short on time, i just want to note on the issue of joint employer and worker safety, this administration is consistently sided with business interests instead of workers and worker advocates. I find it deeply troubling. What i want to focus on is the overtime role. In 1975, more than 60 of fulltime salary workers fell below the salary threshold for overtime protections. In 2016, that number was less than 7 . The obama rule would have covered 30 of salaried workers at that level. But the threshold of 31000 only covers 13 , a mere uptick of four or five Percentage Points of the workforce is covered. I would argue this is not a time for modest change. We needed to update this a long time ago. I understand the shop argument but we are talking about only 7 of workers being covered but i think its time to stand with American Workers who deserve to be paid for the overtime. Now, let me just say, the last year the Obama Administration issued a rule that wouldve expanded overtime protections to over 4 million workers and strengthened for an additional 9 million. That salary threshold was set just about 47000 and supported by other worker advocates. Other chamber of commerce believe that the threshold should have been significantly lower. Those Administration Support the threshold and set by the administration and supported by worker advocates, or does the support the business communities position . Conversely, thank you for the question. Let me know at the outset, we talk about the overtime role, if you look at the rule pass by this congress, this congress did not say whether or not you are exempt are nonexempt. But that is set by a salary level. It set a very different test. The salary level is, in essence, a shorthand way of getting to the law. Now, a federal court looked at this and the federal court said the way that 47000 was set in that level was not in accordance with the law and so its not simply. And you chose not to contest that decision, and you do believe that you have the authority to set the salary threshold, correct. And so i was saying, irrespective of whether we support or not, and we chose not to support that level because we believe its both a shock to the system, and not in accordance with the law, we do believe we have authority to set a salary level that acts as a proxy for the test. Just to be clear, you do believe you have the authority but yet your department chose not to appeal that decision. Congressman, we appealed the decision with respect to the authority, not with respect to the salary level. Thank you. My time is up. I yield back. The gentlemans time has expired. You are recognized for three minutes. I think the chairman and think the secretary for being here. I appreciate the number of things you have pushed forward and worked on. Let me ask you, the Retirement Security issue is big on our venue and our consideration. Policies that empower americans put money aside for retirement is a leading priority for this committee. The safe harbor issue that we believe needs some more clarity in how it is dealt with so let me ask you this question, does the Department Plan to revise the existing annuity safe harbor to make sure it provides the certainty that Plan Sponsors need to consider these types of products . Congressman, i will have to consult with the department and get back to you with that answe answer. I would appreciate that. That is an issue that comes up as we consider the question. Anything relevant to ensure we have safe harbors and better opportunity would be greatly appreciated. There is a value to certainty and predictability and that value is substantial. I understand the premise of your question. Jumping over to a different area. Under the Previous Administration they noted the exposure of silica in many areas. Its challenging for many in the Construction Industry to implement and comply with this rule. Are you willing to further stay the enforcement of this role until youve worked to ensure this rule is feasible . And your employees are adequately able to educate employers rather question country . It is a major role. My understanding we provided a 30 day extension to provide parties time to address this. The parties were a little late at coming back to the table, but it is my hope that the parties can come together, that they can express their concerns and we can find a sensible outcome to this rule. That would be an improvement. I appreciate that. Thank you madame german. I yield back. Thank you very much. Mr. Rochester, you are recognized for three minutes. Thank you chairwoman fox, Ranking Members and secretary of for being here. In your testimony, in your written testimony, you briefly discussed people with disabilities and, as im sure you are aware, nearly one in five americans have a disabilit disability. Almost 57 million individuals, and in the interest of time, i will submit the bulk of my questions in writing, but i would love to hear about competitive integrative employment, also collaboration amongst agencies like rsa and how you will work together. Because i have very limited time, i want to focus on one other question. The president s proposed budget calls for about a 40 cut to workforce innovation opportunity act programs and also, the elimination of the Senior Community Service Employment program, even though Congress Just reauthorize the older american on a bipartisan basis. What is the rationale behind eliminating that program . Congresswoman, briefly, let me say thank you for the questions. Something that i have heard that i thought was a useful way to think about this is that were all temporarily able because at some point in our life, most of us will have a disability, particularly as time goes by. Going to your second question, the hope in the budget and ultimately, that will be up to congress and congress may not agree, is to try to consolidate all the programs into one Large Program so that there are efficiencies and flexibilities at the state level. The budget made some hard decisions, and congress have the discretion to change those decisions to pass the budget that it wishes, but the intent of the budget was, rather than to have the money in separate programs to combine them into one Large Program. So mr. Secretary, its my understanding that on this program in particular which has been around since 1965, that the Performance Measures, that the Program Actually exceeded the Performance Measures and so, can you help me understand if you are going to consolidate, wouldnt you get rid of programs that arent effective, but maintain ones that impact Senior Citizens across the country . By consolidating, it doesnt mean that the program doesnt exist. Its just not a separate budget item. Work successful, i would argue you want to continue programs that are successful and have positive outcomes and you want to look at those outcome measures, whether they come from a general budget line. We are getting to the same endpoint. My time has expired but i encourage you to support senior employment programs in addition to those with disabilities. Mr. Schmucker, you are recognized for three minutes. Thank you madame chair. Thank you for being here. I would like to just take a minute or so to thank you for your leadership in the department and thank the administration for focus on creating opportunity for americans through job creation and an environment where businesses are focused on growing and creating those jobs. I can tell you businesses in my area are responding. I was just part of a roundtable recently in my area where a business owner, a family farm said we feel like weve been unleashed again. So businesses are investing, they are growing their businesses and they are creating jobs. Thank you so much. It is refreshing to see that kind of approach and that kind of focus. Im also very pleased with the attention and focus on Apprenticeship Programs. One of the things i have always noticed, having served in the state senate and now in this position, you have individuals who are unemployed and, at the same time you have businesses on the other hand who are looking to fill jobs and its becoming almost desperate to fill jobs. What it really takes, and in fact, the best way to promote upward mobility, promote lifting people out of poverty is connecting people with great paying jobs that are available. I think a Partnership Program is a tremendous tool to do that. Its one that has been underutilized so im very, very thrilled with the initiative and i look forward to working the administration to create scalable Apprenticeship Programs rub country. With that, i have about a minute. I do have a question. What are the areas that businesses have been concerned about our on osha compliance. In fact, employers understand that it is important to provide a safe workplace, a healthy worst place for their clients, but a concern about the approach that osha has taken over the past number of years where its more punitive rather than collaborative. So, i would like to hear your thoughts on that. What ideas do you have to create an environment where businesses are receiving assistance to comply and to ensure they have a safe workplace. Congressman, thank you for your words and thank you for the question. Briefly, let me say, on the one hand we have asked for additional funding for a program which is in essence a Compliance Assistance Program and as a general matter where you have employers who are trying to do the right thing, you want to help them do the right thing. Let me say that has to be balanced with a vigorous enforcement program. Were you have an employer who has engaged through the repeated violations and willful violations, you have to enforce, and if need be, you should even refer those where there is willful violations that results in death or serious harm, refer those for prosecution. I think its important to have assistance and a very wholesome system for all those employers that are just trying to do the right thing. While we acknowledge that with every situation, the congresswoman asked me to say, does every american, not every employer are like that, and where its repeated and willful, there needs to be vigorous enforcement. Thank you. Thank you. You are recognized for three minutes. Thank you. Its good to see you again. It seems we are hearing quite a bit about the Apprenticeship Program which has been around since the middle ages. We are slow. They have referred to it as the other for your degree. It is a system that works. Unfortunately, the United States primarily those are doing such a great job. When you are asked about the job centers and some of the issues taking place, i was really happy to hear you talk about Graduation Rates and does it lead to a job. A piece of paper and the wall means nothing. When we were in switzerland they said the United States has the best trained on them. People in the world. That goes to the point in the question that we want to talk about. Whitecollar commercial jobs is a nice area that we can go into, but we want to make sure particularly with the trades who have a proven history that were not throwing the baby out with the bathwater. There are Graduation Rates between 80 and 90 . What we had found over the course of the past decade, not everybody is following that. A, they never graduate, and this is indicative of a program that isnt working. When you are looking at creating the next generation, you want to keep the very issues we talked about in mind. Graduation rates and doesnt lead to a job. Absolutely. I think the outcome measurements are so critical whether its the university on Apprenticeship Program or hybrid. How many graduates and does it lead to a job is the goal, and thats what we should focus on. One of the issues we found coming off the Great Recession is that we have all these openings. These cycles, if we had the amount of people ready to go to work today, that means they are unemployed for many years. The industry does react, theres always a lag, the system works remarkably well. As you pointed out, virtually no federal or state money. Those are our standards and weve heard from others. Nobody wants to burden the employers. We have a great way of giving input. They have to create their own standards and or competencies. When we go to look at the new system as susan davis talked about, we want to make sure that we are in partnership. There is a joint program that works best. I yield back balance of my time. Thank you. As to ferguson, you are recognized for three minutes. Thank you madam chairman. Thank you so much for being here today. A couple questions, first of all, as i understand on july 6 of this year, the department of labor published a request for information for examining the food judiciary rule. I dont recall the exact date, but that is generally correct. Now that the common. His close, im assuming that furman is reviewing and considering the next steps. , that is correct. Have there been discussions with the sec on the next steps with the fiduciary regulation . Congressman, in the wall street journal editorial that i published, i very publicly suggested that the sec should be a partner in this effort. They declined to be a full partner in the past demonstration, and i do believe they have an Important Role to play. They are part of the regulatory structure and yes, we have had discussions. That is good to hear because we have heard a lot from our constituents that believe that they should be collaborating on this to solve the problems associated with it. I will make a comment about the application. I know some of your staff came down to the district to look at our program. I want to thank you so much for that and learn whats going on in our district. To work with states and the Georgia Consortium for advanced training, we see this is a great opportunity to begin to prepare our young people to go to work in the 21st century economy, and it is a step in our Education System with the direction that the economy is going. I know that you and the administration are very much focused on closing the skills gap and thats something we believe is vitally important to do. We believe innovative apprenticeships are a very valuable part of this. Again, i want to thank you for the work that you are doing on this. I think that is something that every person on this committee can agree with that preparing our young people to take advantage of the jobs that are being created is vital. Thank you. I yield back. Thank you. Thank you very much. Ms. Adams, you are recognized for three minutes. Thank you chairwoman fox and Ranking Member scott and secretary, thank you for being here. I was interested in the response you gave to the congresswoman so i want to follow up for just a moment. Controlling family timing can be key to unlocking opportunities to economic success, education and equality and access to contraception can help women complete their education and join the workforce, planning, delaying and spacing births also help women achieve their education and career goals. With all of the economic benefits that access to contraception brings, it seems a bit illogical to me for the department to issue final rules on the rights to access comprehensive but limited healthcare. My question is have you done a complete assessment of the number of women and reached a plan that could lose access to contraceptive coverage and if so, whats the number. Congresswoman, as i said previously, the rule recognizes that for some organizations their religious freedoms should allow them to not offer that coverage. It provides the option for that organization that was enacted pursuant to the administrative procedures act. Within the apa, there is a requirement that the apa process and engage in a costbenefit analysis, and that would be contained within that costbenefit analysis as something that we certainly could provide to you or your staff. So you have done an assessment, you know how many. What i am saying is that within any rule there is a costbenefit analysis that takes place and that assessment is required by the administrative procedures act. That assessment. Let me, okay, thank you very much but i would like to receive that. So, according to the national center, when we think about the wage and someone raised that question about the minimum wage that minimum wage is 725. Hour. The average cost of a full year worth of Birth Control without insurance was the equivalent of 51 hours of work before daca benefit was imposed. So when women on average are paying less than men, i dont see how we justify forcing them to pay more than men for Preventative Health coverage and ill just submit my other questions you. Thank you very much. I yield back. Thank you ms. Adams. Ms. Handel, you are recognized for threeminute. Thank you adam chairman. Good morning. Thank you secretaries for being here. Just a quick . The workforce innovation and opportunity act, which you know in july of 2016 into instituted a new Accountability Program with defined performance indicators. You have a sense, a year later about how this is working and has been effective, if so, are there other programs within the department of labor to which this type of approach could be applied . Congressman, thank you for the question. I believe it was instituted a year ago and states were responsible for submitting the outcomes. About two or three weeks ago, at some point in october, i dont remember the exact date. We are in the process of reviewing that data. Once that data is reviewed, i am happy to provide further thoughts on what that data shows. I would also like to say that while most states fit in with the data i believe there are some states that are still working on the submission of that information. Hopefully george is not one of them, and if so, if you would let me know so i can follow up. I will. I believe there are seven. I dont remember all seven, but we are working with them to provide compliance assistance so they understand the responsibilities. If you would be willing to, once you sort through all the data, either you or someone from your team, perhaps send something in writing to chairman fox for the whole committee, i think we would all be very interested in how that Accountability Program is playing out. You are the dean, very successful dean in the law school. Florida International University has been at the forefront of standing with nine students. Do you stand by Florida International to support him protect our nine students . I appreciate your question and it is my hope that congress resolve these issues and find a legal solution to this daca issue and i should add that the clock is ticking and i Hope Congress does so expeditiously. Thank you. My district alone has 2400 Daca Recipients and a total of 5800 daca elephant recipients. Removing these individuals from our workforce experts have said will decrease our gdp by an estimated 155 million. What in the world is going to what will we do to fill this labor gap and other labor gaps across the country if this is not resolved . Do you have a plan for this. Congressman, we have a skullcap. We have a substantial skill gap and we need to find a solution to daca. It is my sincere that congress can take this up and that congress can find a solution. Take you. Im encouraged by your positive response and i might add that unfortunately we have not heard that positive response by other members of the administration so i commend you and by your positive response, it only encourages support for these young people that are members of our military, they are teachers, they are workers, students and they are probably the best Economic Program we can have for the nation. They have aggressive innovativeness and entrepreneurial ship and immigrant hunger to succeed and make america forward. My final question is according to the news report from earlier this year the result of the administrations anti immigrant rhetoric on the department of Homeland Security over aggressive enforcement efforts the department of labor officials have noted a marked uptick in workers reluctance to file complaints against employer and take part in labor investigation and accept back wages collected by the department on the workers behalf. What is the department of labor doing to monitor and respond to the situation and reaffirm the commitment to protect individual information during the course of labor investigation . Will you commit to ensure that the timing of labor and forces labor laws regardless of the persons immigration status . Congressman, that has been a longstanding practice that has been an issue that has gone all the way up to the Supreme Court and it is my intent to continue the practice. Thank you so much. Thank you, madam chair. Are you back. Thank you. Mr. Allen you are mechanized for three minutes. Thank you, chairwoman. Thank you secretary for being with us today. I was in the Construction Industry for 35 years before being elected to congress and a point of clarification, if i understood you correctly on the silica rule, has the rule been finalized or is it still be negotiated and is it being now implemented or is it going to be different . I have people that dont know they are out getting quotes and this is very expensive to deal with. Where are we with this . Are they to comply by this exact rule now and what happens if it changes . Its very expensive to comply with this thing. Where are with us . I the question and i was smiling because the rule is completed and has multiple dates which might be the basis for some of the confusion. Parts of the rule are in effect and parts do not go into effect for some amount of time. The party is split in litigation and all sides are represented in litigation. Im told close to settlement and each side has their own set of concerns and my view is that if there is Common Ground we should look that Common Ground. We provided a extension that is not expired in an effort to get the parties a little more time. I was disheartened that by rather than using the time and they didnt come to the table right up until the deadline and it is my hope that the parties come to the table and come to the table quickly so that we can get this issue resolved. There is a lot of confusion and like i said there are people that are being faced with huge costs and the disadvantages that theyve already estimated and contracts signed and now this rule they have no what way to anticipate and the rules might say obviously it is very complicated. Is there anyway we can that osha can somehow clarify what is going on and then say, all right, heres where we are and give the industry sometime to whatever rules finally come up with because again it is costly and these people are on fixed cost and they dont put these compliant things in their estimates to complete the work so all of a sudden, like you said, predictability is critical in the Business World out there. It is critical that these people know where we are stand. I understand, congressman. We are engaged in efforts to clarify and we will redouble those efforts because it is important that individuals know what is expected. I appreciate it. I yield back. Thank you, mr. Allen. He is recognized for five minutes. Thank you for having this hearing. Thank you, mr. Secretary, for your testimony and tenor here today. It is encouraging. I dont know if you ever attended a funeral of an American Worker who lost their life in a workplace incident. I have an ive represented for 30 years and area of the bay area that has amongst the geographic and every fuppercaseletter of Hazardous Material industries, refineries, chemical plants and almost 20 years ago a constituent of mine lost his life because a fortune 500 company at that time was appealing over 100 citations issued by cal osha just a week before. Two of them were the most concerning and they were the root causes at the backup indicators for temperature variation and were outside the control room on the unit and he, unfortunately, was the Junior Member and was sent out to verify that they should shut the unit down even though it turns out under inspection the written policies instructed them to do that were being overwritten by oral instructions. He went out in the second citation is being appealed was that they should replace the walkietalkie he was using because it did not work. We think the last thing he said was shut it down, shut it down but we will never know because he was even serrated. That explosion not only caused his life but raised the price of gasoline and diesel on the west coast for more than 10 cents. A year later another for employees in that facility lost their lives in a gruesome explosion and burned to death. Shut that refinery down in local government for a year and a full facility and the result of that audit was missing. Corporate culture caused those and so in that context, forgive me for being suspicious when i see a department that is being cut by 21 million over its last funding of last year osha 11 million more than the initiation asked for and staffed at a level that is consistent with the 90s and would take the nine years inspectors to inspect every facility in the United States. Forgive me for being cynical but you can help me with my skepticism. Last year in may 12, 2016 the Previous Administration had a rulemaking that would instruct employees, employers, over 20 employees inhabit Industries Like us to electronically notify them when the workforce injury seems like that is what youre after is efficiency and better results. You can postpone that rulemaking and the left side is up and capable of running as of august we anticipate that over 300,000 reports will be in and track these incidences better so someone in the future will not have that happen to them. I would like to know if you plan on setting this up and making it work and if not, why . Huntsman, thank you for the question. Let me be the response. I understand your point that you are making and i understand that because we had a similar incident in miami and that incident was prosecuted criminally. People died, a boiler blew up and it was a flash steam result in people died. They were prosecuted criminally. I am very much aware of the importance of vigorous prosecution, particularly as i said earlier when addressing one of your colleagues, when violations are repeated and when violations are willful. So, cynical or not this is something that we take very seriously. With respect to a particular rule that you are addressing, looking at that rule, we are balancing the issues of they were asking for some information that was very detailed and that identified individuals with the needs to get information so that we can engage in appropriate and targeted enforcement. We are moving forward on that but that is not less than the seriousness with which he will take instances in particular that are repeated in willful. I am perfectly fine referring them to persecution. As a matter of fact, in other contexts i made clear to my staff that were appropriate and the sugar for things to the us Attorneys Office and i am more than happy to encourage the Attorneys Office to take our cases. In addition to simplifying where you have a culture that is noncompliant and that disregards safety matters that can be a criminal violation. Thank you. I appreciate the time the secretary took to answer the question and did not call time because i thought it was a very serious matter and i wanted to allow the time for that answer and mr. Thompson, your recommends for five minutes. Thank you. Thank you for your leadership. Weve heard the words skills gap and you have use that and certainly it exists. We know projections are 6 million jobs will be unfilled because of a lack of individuals that have been qualified and trained in the tax reform bill that will be on the floor here within the next 24 hours and thats been an estimated created a condition where 1 million additional jobs will grow and that will be all for nothing if we dont have individuals who are qualified and trained to filfill those positions. I worked many colleagues in this committee and specifically with the representative and we introduce legislation for the past out of the house unanimously and now it sits in the senate. I appreciated your support that you and the administration generally have said about skills based education and wanted to get that many jobs we need to fill in it so important so much opportunity there and any perfections as the legislation would put forward to the senate in will that be helpful to creating those on ramps opportunity for american and American Families . Thank you for the question. I dont have the details legislation enemies let me ask ianswer it generally. Ive been traveling to different parts of the country and i was at a carpenters facility graduation but ive also visited a Community College in los angeles and reno and i have visited several Community Colleges and an institution and what i have seen is amazing. Whether it is teaching nursing skills in pittsburgh, teaching a track in reno, teaching welding in los angeles just like what Community Colleges and Vocational Centers are doing is district not just creating jobs but changing lives. I had an experience where i met with some young men and women and the folks that iran the institution were there but i wanted to really hear from them so i asked everyone to leave and i talked to the students. I wanted to do that because they were kids that came from the street that had it since high school and they were coming at this late in life. What they said was it was transformative because they now had apartments. One was about to get their first car. So, i think, taking a step back and recognizing that there is no right path for everyone in that the question is what is the right option for an individual and doesnt lead to a good job and its critical and any measure that does that, subject to all the fiscal issues that we always face that the government is i think something that should be supported. Thank you. Thank you very much. You are recognized for three minutes. Thank you, chairwoman fox and thank you Ranking Member scott for calling this important hearing. Thank you secretary a cost of coming. Im going to piggyback off of my colleague, glenn thompson, his questions because i think its really important. The bill is called strengthening career and Technical Education for the 20 react and it is one that congressman thompson and i championed in the past out of the house unanimously and unfortunately that does not happen in up with regard to significant piece of legislation and its extremely bipartisan. I wanted to get your thoughts about this legislation whether you and your staff could come back to us with your thoughts about it because we could definitely enlist your support to get it to the senate. This is something that employers are clamoring for right now. Its hr 2353 just in case youre wondering what the bill number is. Basically, employers as well as workers and people in my district are clamoring for this bill to be passed and increases transparency and moves authority for spending a lot of the money to washington in local Community Colleges and local and increases resources over time for cashstrapped local School District and requires any federal job training dollars are spent in employers have to be at the table so that people arent trained on skills that are not ondemand. Can we get your commitment to take a look at this bill and help us to usher it through the u. S. Senate . Congressman, you certainly can. Let me pick up on something you said that was important. In every Trinity College that i have seen and all of them have been successful there is an employer partner that is assisting with informing the Community College of what the skills are that need to be taught. And and it is also anxious to hire the graduates. I think that is critical. We also say that one issue of perfusion is there is an office of Vocational Education at the department of education and we talked about overlap with workforce education earlier and one of the large overlaps is we have the department of labor labor force and education in the department of education, Vocational Education and i think the overlap between those two is quite substantial. Let me say i am more than happy to return and speak with your staff and i also think it is important to engage the department of education because i am told that ultimately this is within their jurisdiction. I understand the more allies we can have on this critical piece of legislation will help our workers and employers and i definitely could use help. Thank you for committing to helping us connect absolutely. Thinking. Thank you very much. You are recognized for three minutes. First, thank you mr. Secretary for changing back the administrators interpretation on a joint employer and the definition of independent contractor et cetera in bringing some kind of sanity back to the Labor Department in the workforce. It sure needs it. We talk about work centers today. Only 6 of workers are represented by unions last year and with the National Units of bringing hundreds of millions of dollars of revenue every year. The comment was made a while ago about Corporate Cultures something i know about the list for union culture. Union dues would like to know where their money is going. Its yet another union boondoggle is operating in a legal free zone where theres no tracking of their spending in the can have unlimited spending in their independent organizations but the black and of the unit is behind them and are not subject to union disclosure. Now that we have you in their what can we do to work to define these things under the lmr a Labor Organization and to bring them in and show the people there are funds for labor unions. Huntsman, thank you for the question. The question was raised previously at another meeting and i will provide the same answer which is it is something that were looking at and im happy to follow up with your office and staff and probably in a few weeks. I hope you move progressively because theres people waiting a long time waiting for the equilibrium versus labor and corporate entities in this country that provide the jobs. Thank you very much. I yield. Thank you very much. Mr. Scott you want to go ahead . Mr. Grossman. You are recognized for three minutes. Thank you very much. How many employees you have at the deferment of labor . Congressman, i believe we have about 15000 give or take. And how many do you hire . To try to get a handle on this. Very few, congressman. I dont have an exact number. Less than 20 us in 30 . More than 30 but less than a hundred. Okay. Next question i have with regard to osha, right now there have been complaints in my district of people who come in, write citations for what we have to say relatively minor things and sometimes sending out public press releases as far as minor and easily corruptible. Any plans to try to do something to reign in osha or are you aware of the problem . Congressman, as i said my perspective on osha enforcement and enforcement in general is where you have individuals that are trying to do the right thing but are trying to comply but there is a value to complaint system. This is how it needs to be done. On the flip side if you have an employer that is engaged in willful violation in violations that have resulted in serious harm we need to be very aggressive in the enforcement so the compliant system goes handinhand with aggressive. We talked about the lack of the number one problem of employers is they cant find people to [inaudible] and i think in sync of a couple things. One thing we still have large government bureaucracy and you feel that you need all the people who are working for you right now . [inaudible] maybe you can decrease the employment and open up those who work in the private sector . There is certainly always room to improve efficiencies and what were looking at right now and were focused in particularly in the problematic because thats the most for spending is in its how we can spend those dollars wisely to focus on outcomes. As i said earlier, it is not simply and particularly in the labor education and the workforce education side, not just having folks receive services but what is the outcome and how many drops . Next question. To a degree your Organization Deals refers to welfare and help the people and we have a lot of [inaudible] in our society. Can you comment on district do you feel your buddy role in dealing with our income transfer payments as President Trump says he wants to take this up next year . Could you give us any role that you plan this . Congressman, we will play a significant role in particularly when it comes to workforce issues this is an important factor. You know, as the president has said this will be an issue for next year. Thank you, mr. Grossman. Mr. Wilson, he organized three minutes. Thank you. You for your leadership in the bipartisan efforts today. We appreciate you and the Administration Strong focus on creating jobs by expanding industry driven apprenticeships and work based learning. Its up to line up we have consistently found the most successful programs are those which are industry driven and it is for that reason that apprenticeships of carolina is considered a gold standard. We can make strides by starting with high schools having opportunities for training only lives. In South Carolina boeing had over 9000 jobs in the charleston area and the apprenticeship carolina it has recently kicked off a paid youth Apprenticeship Program. Students take career courses at Technical College and a complete five hours a week of job training at boeing salina which produces the worlds most advanced airliner, the 77 three minor. [inaudible] the students are working on a special project and have already reclaimed over 1 million in what would have been wasted over the first three months of the program. What is your view of the department of labors plan to focus on encouraging such industry driven apprenticeships and the forthcoming Apprenticeship Program . Thank you for the question. I would observe this is a second or third set of questions around the ships. They raise apprenticeships that are not registered apprenticeships which go to my opening comment about how important it is to have a broad view to recognize the advantages of registered but also recognize there is room for other models such as the model you raised. My perspective is were a dying first nation and there is room for a variety of programs and we as the department should encourage workforce education in various forms, so long as there is high quality and so long as there is standards and so long as there is some portability so the skills learned in one can be purported to different venues. So long as there some credential that is earned and as we look forward to this Apprenticeship Task force and how to grow a partition programs my hope is that we take a broad view of making a concept of up to ship so more schools can have them in longstanding jobs. Another extraordinary example was [inaudible] with Engine Development working with aiken Technical College in the district i repent. The effort. Thank you, mr. Wilson. Now recognize the Ranking Member three minutes and for his closing comments. Thank you, madam chair. Thank you secretary acosta for being with us today. As you can tell, theres a lot of interest in the interest in his jurisdiction. First is the bipartisan support for a picture programs so far and as long as we can make sure the federal dollars that go into quality programs and now take work to get that straight and i think youre aware of the Apprentice Program and the new shipyard which i am but you to visit or at least familiarized with it because its one of the best in the nation. Let me ask you a couple questions. The minimum wage has not been raised in a long time and you have a position on increasing the minimum wage . Direct that is an issue that is within congresses purview in the minimum wage has not been raised in a number of years and is set by congress. So you would support an increase in minimum wage perspective. If that is to happen congress should have and id be happy to be part of that discussion. Thank you. On the fiduciary role i thank you have indicated that the best interest standard is now in effect however other parts are not in effect in what would happen when a retiree has that interest has been ripped off in one of the remedies . Charisma, so long as companies are proceeding in good faith to implement the best interest standard we are in a compliance mode but if companies are not proceeding in good faith and still have Enforcement Authority and there are willful violations we do have authority. Does the individual have any individual [inaudible] . Congressman, the Enforcement Authority and orissa is a federal Enforcement Authority, not individual Enforcement Authority. The beryllium rule, as i understand, you have lowered the threshold for exposure but according to osha 70 of the value of the rule under the services and protections and is that your understanding . I cannot speak to the 70 figure. I have not seen that figure and i believe there might be a disagreement whether the ancillary services contribute or do not contribute to the protection. We will provide you what we have because i think that is excerpted from the ocean department. We have heard a lot about associated health plans and i agree with you they always work for consumers. The costs are always cheaper for those that can get into an Association Plan. Everyone else, however, when you take out the young and Healthy People out of the pool everyone else costs go up. Is that your understanding about the effect of the Association Plan . Congress, what is in essence called anti cherry picking provisions are an important part of Association Health plans. That is an issue that we are aware of and our proposals will be considering that issue and have preventative measures. The fact of the matter is if youve got a group or even a random group at the cost to lower the Association Everyone will join in the cost higher everyone will bail and get back in the pool. They always work for those in the pool so i think this how it affects everyone else and if thats ignored you miss the impact. My time on questions is expired but i would want to post to questions if you could provide us with some answers. We heard about the joint employer and there are situations that we have been made aware of where a person can be not found to have been over time benefits violated over time and when they look up none of the employers qualify as an employer responsible for the standard act and what happened no one qualifies under that restricted definition of the legislation. You could provide that for the record. Also, your testimony suggests that jobs will be created by tax reform and if you could give us research on the job creation impact on upper income tax cut in tax cuts for low and moderate income and the comparable spending of the same amount on infrastructure and roads and bridges or spending on education and job training, not only the jobs that are created by the education but the Economic Impact that are better educated and if you would give us the research to justify the idea that this tax bill will create new jobs will be helpful. Madam chair, i thank you for the opportunity you provided the committee and mr. Secretary, i appreciate the fact that you were here. I forgot to mention we have jurisdiction to determine about the culture on a few programs. You are the first we look forward to other cabinet secretaries. For us. Thank you, mr. Scott. I appreciate all of my colleagues from being so cooperative and it looks as though mr. Secretary will be able to honor your request and be out of here by noon. A couple of closing comments. I want to say thank you again. I thank you have provided very valuable information to both sides of the aisle here. I particularly appreciate the emphasis you have given on outcomes and accountability. I believe members appreciate that also. I appreciate the fact that you have talked about skills and education and the fact that there is no right path that leads to a good job or career. I particularly appreciate the fact you do talk about careers and i think were hearing more and more in the conversation about helping people make the right kinds of decisions and helping them understand that the first job will not be their last job and that we want people to have a Broader Vision of where they are going. Again im very encouraged by your talk about Performance Measures. I think everyone appreciates your commitment to safety into creating positive workplaces for workers. Nobody wants any worker to be in an unsafe condition and i thank you are you said the right things in that respect and i believe that you and the department will do the right thing. Lastly, i would say that we want to encourage people to think about all education being career education. The fact that you pointed out the overlap between the department of education and the department of labor and indicates that we need to be more focused on those issues that all education people go to a baccalaureate Degree Institution and their aim is to get a job. People participate in apprenticeships because they want to get a good job. The participating and commuting college because they want to get a good job. We are all about at all levels we are focusing on the same thing and i think it is useful that we talk about that in the same way and that we dont set up distinctions among the various ways to get the skills and to be able to have a successful reader. I appreciate your comments today and your excellent answers and all my colleagues were gone but mr. Scott, for playing their roles here today. I asked for unanimous consent to enter in the record of article on Delaware Companies employing autistic people and without objection. No further business, this committee stands adjourned. [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] tonight on the communicators, adam altered talks about his book irresistible the rise of Addictive Technology in the business of keeping us hooked. What they say is we know the dangers of technology. They dont say that we build in special mechanisms that are designed to people therefore we dont want architect but that is the sense you get. Basically never get high on your own supply but if you are creating something and you know the dangers are you make sure that other people you love and you hold dear are not going to be affected by them. Watch the communicators tonight at eastern on cspan2. Here is a look at a parttime schedule on the cspan networks. Starting at 8 00 p. M. Eastern on cspan un Ambassador Nikki Haley joins former secretary of state Madeleine Albright and Condoleezza Rice to discuss National Security issues. At 8 30 p. M. On cspan2 its book tv with authors who have recently written books on the science and at eight eastern on cspan3 its American History tv programs on Herbert Hoover in his relationships with other us president s. Cspans washington journal, live every day with news and policy issues that impact you. Coming up tuesday morning, the atlantic caroline kitchener talks about how the president and influence of political extremist groups have grown on the internet. Then the latest on nafta renegotiations and the Trump Administration trade policy with Public Citizen global trade watch director and Peterson Institute senior fellow. Miami Herald Reporter explores the future of Guantanamo Bay detainees under the Trump Administration. Be sure to watch cspan washington journal, live at seven eastern tuesday morning. During the discussion. Cspan where history unfolds daily. In 1979, cspan was created as the Public Service by americas Cable Television companies and is brought to you today by your cable or satellite provider. After the fcc held a four hour open meeting last week for commissioners including chair eiji to try spoke to reporters about mitigation issues including blocking r